October 2008 - Philippine Supreme Court Resolutions
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[G.R. No. 179043 : October 08, 2008] PEOPLE OF THE PHILIPPINES, APPELLEE V. ADZHAR JAMAANI Y ISMON AND ANTONIO LAJA Y IMPANG, APPELLANTS. :
[G.R. No. 179043 : October 08, 2008]
PEOPLE OF THE PHILIPPINES, APPELLEE V. ADZHAR JAMAANI Y ISMON AND ANTONIO LAJA Y IMPANG, APPELLANTS.
Sirs/Mesdames:
Quoted hereunder, for your information, is a resolution of the First Division of this Court dated 08 October 2008
G.R. No. 179043: PEOPLE OF THE PHILIPPINES, appellee v. ADZHAR JAMAANI y ISMON and ANTONIO LAJA y IMPANG, appellants.
On 8 September 2006, the Court of Appeals (CA) rendered a decision affirming the conviction of appellants for violation of Section 4, Article III of Republic Act No. 6425, otherwise known as the Dangerous Drugs Act of 1972, as amended, and sentencing them to suffer the penalty of reclusion perpetua. On 16 October 2006, the Public Attorney's Office, through Public Attorney I Heherson Casareno, representing appellants, file a Notice of Appeal of the CA decision. The CA issued a Resolution dated 22 February 2007 giving due course to the notice of appeal and directing the CA's JRD Criminal Cases Section to elevate the entire records of the case to this Court. However, it appears from the records that the appellants sent a letter dated 29 May 2007 addressed to Atty. Rosemarie D. Anacan-Dizon, Division Clerk of Court of Appeals, Cagayan de Oro City, stating that they are no longer appealing the CA decision to this Court. No action was taken thereon.
WHEREFORE, in view of the foregoing, the Public Attorney's Office is hereby directed to determine the voluntariness and due execution of the appellants' letter and to apprise appellants of the consequences of the withdrawal of their appeal. The Public Attorney's Office is likewise ordered to submit a report thereon within ten (10) days from receipt of this Resolution.
SO ORDERED.
G.R. No. 179043: PEOPLE OF THE PHILIPPINES, appellee v. ADZHAR JAMAANI y ISMON and ANTONIO LAJA y IMPANG, appellants.
On 8 September 2006, the Court of Appeals (CA) rendered a decision affirming the conviction of appellants for violation of Section 4, Article III of Republic Act No. 6425, otherwise known as the Dangerous Drugs Act of 1972, as amended, and sentencing them to suffer the penalty of reclusion perpetua. On 16 October 2006, the Public Attorney's Office, through Public Attorney I Heherson Casareno, representing appellants, file a Notice of Appeal of the CA decision. The CA issued a Resolution dated 22 February 2007 giving due course to the notice of appeal and directing the CA's JRD Criminal Cases Section to elevate the entire records of the case to this Court. However, it appears from the records that the appellants sent a letter dated 29 May 2007 addressed to Atty. Rosemarie D. Anacan-Dizon, Division Clerk of Court of Appeals, Cagayan de Oro City, stating that they are no longer appealing the CA decision to this Court. No action was taken thereon.
WHEREFORE, in view of the foregoing, the Public Attorney's Office is hereby directed to determine the voluntariness and due execution of the appellants' letter and to apprise appellants of the consequences of the withdrawal of their appeal. The Public Attorney's Office is likewise ordered to submit a report thereon within ten (10) days from receipt of this Resolution.
SO ORDERED.
Very truly yours,
ENRIQUETA ESGUERRA-VIDAL
Clerk of Court
(Sgd.) EDGAR O. ARICHETA
Assistant Clerk of Court
ENRIQUETA ESGUERRA-VIDAL
Clerk of Court
(Sgd.) EDGAR O. ARICHETA
Assistant Clerk of Court