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[UDK 11735.November 26, 2001]

GONZALES vs. PEOPLE OF THE PHILS.

FIRST DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated NOV 26 2001.

UDK 11735 (Romeo Gonzales y Sun, petitioner, vs. People of the Philippines, respondent.)

Before us is a petition for habeas corpus ¹ Rollo, UDK 11735, pp. 1-8.flied on October 26, 1994 by petitioner Romeo Gonzales y Sun.

Petitioner Romeo Gonzales is the accused in Criminal Cases Nos. 91-180 and 91-181 ² Regional Trial Court, Branch 57, Angeles City, Judge Mariano C. del Castillo, presiding. for violation of Sections 8 and 4 of the Dangerous Drugs Act, respectively. On July 5, 1993, the trial court rendered a decision finding the accused guilty as charged and sentencing him to life imprisonment in Crim. Case No. 91-181 and imprisonment of six (6) years and one (1) day in Crim. Case No. 91-180. ³ Original Record, pp. 130-131; Rollo, pp. 23-24. On the same date, accused filed a notice of appeal. ⁴ Original Record, p. 133; Rollo, p. 25. Docketed as G. R. Nos. 113255 and 113256. On July 19, 2001, the Court promulgated a judgment affirming with modification the decision of the court a quo. The penalty in Crim. Case No. 91-181 was affirmed. The penalty in Crim. Case No. 91-180 was modified after applying the Indeterminate Sentence Law, thus, accused-appellant was sentenced to an indeterminate penalty of two (2) years and four (4) months of prision correccional, as minimum, to eight (8) years and one (1) day of prision mayor, as maximum.

On October 26, 1994, accused filed the present petition for habeas corpus.

Petitioner is invoking a reduction of the penalty imposed upon him by the lower court on the strength of the resolutions dated September 12, 1994 and September 21, 1994 issued by this Court. ⁵ Supra, Note l, at p. 1.

The records reveal that the September 12, 1994 ⁶ Rollo. p. 73. resolution reinstated the appeal, granted the motion of counsel for accused-appellant (herein petitioner) to admit the appellant's brief dated August 17, 1994 and to note the same.

In view of the foregoing, we resolve to DENY the petition. The case is deemed CLOSED and TERMINATED and entry of judgment in G.R. Nos. 113255-56 may now be made.

No costs.

Very truly yours,

(Sgd.) VIRGINIA ANCHETA-SORIANO

Clerk of Court

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