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[G.R. No. 125529.December 15, 1999]

WILLIAM LIZARDO y PANGPANG vs. COURT OF APPEALS

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated DEC 15, 1999.

G.R. No. 125529(William Lizardo y Pampang vs. Court of Appeals, et al.)

Petitioner William Lizardo was convicted of illegal possession of firearms by the Regional Trial Court, Branch 34, of Calamba, Laguna and sentenced to 18 years and 8 months and 1 day of reclusion temporal, as minimum, to 20 years as maximum. His conviction was affirmed by the Court of Appeals in its decision of August 31, 1995. Petitioner filed a petition for review in this Court. However, on February 12, 1999, petitioner filed a motion to withdraw his appeal. For this reason, the Court required petitioner's counsel to verify the voluntariness of the withdrawal of appeal and submit a report thereon; and the Solicitor General to comment on the said motion.

On September 27, 1999, petitioner's counsel, Atty. Rufino C. Lizardo, filed a manifestation stating:

1. That, on September 20, 1999 an order was received requiring a verification from the counsel for the petitioner of his voluntariness to withdraw the appeal to the above-entitled case;

2. That, to withdraw the instant appeal is contrary to my principle in the practice of law, and besides, it would hamper established jurisprudence, however, due to the insistent demands of Accused-Petitioner, together with his relatives to withdraw the appeal, I was persuaded to sign my conformity to the withdrawal of the appeal although it will frustrate the ends of justice in this particular case;

3. That, due to the present Status of the case, since the Accused-Petitioner has been languishing in jail long enough and, based on the revised penalty imposed on the crime of "Illegal Possession of Firearms", Accused-Petitioner has exceeded the minimum penalty qualifying the latter for immediate release from confinement.

On the other hand, on December 10, 1999, the Solicitor General submitted the following comment on petitioner's motion to withdraw appeal:

The People interposes no objection to the appellant's Motion to Withdraw Appeal inasmuch as the People did riot recommend the imposition of a penalty graver than that imposed by the trial court.

Furthermore, the Motion to Withdraw Appeal can be interpreted as an admission of appellant's guilt.

As to whether appellant is entitled to parole; the Board of Pardon and Parole will have to determine.

WHEREFORE, the People recommends that the Motion to Withdraw Appeal be granted.

Considering the foregoing, the Court RESOLVED to (a) NOTE the comment on the motion to withdraw appeal filed by the Solicitor General; (b) GRANT petitioner William Lizardo's motion to withdraw his appeal; and (c) DISMISS the petition in this case.

Very truly yours,

(Sgd.) TOMASITA B. MAGAY-DRIS

Clerk of Court

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