August 2011 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[G.R. No. 189353 : August 31, 2011]
PEOPLE OF THE PHILIPPINES V. ANDRES SWING Y COMETA
Please take notice that the Court, Third Division, issued a Resolution dated 31 August 2011, which reads as follows:
G.R. No. 189353 (PEOPLE OF THE PHILIPPINES v. ANDRES SWING y COMETA). - Considering the allegations, issues and arguments presented in the appeal, the Court resolves to DISMISS the appeal for failure to sufficiently show that the Court of Appeals committed any reversible error in its assailed Decision dated July 31, 2009 as to warrant the exercise of the Court's appellate jurisdiction.
IN VIEW OF THE FOREGOING, the Court ADOPTS the findings and conclusions of law in the Decision dated July 31, 2009 of the Court of Appeals in CA-G.R. CR-HC No. 03271 and AFFIRMS said Decision finding appellant Andres Swing y Cometa guilty beyond reasonable doubt of the following offenses: (1) Illegal sale of dangerous drugs in violation of Section 5, Article II of Republic Act No. 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002, sentencing him to suffer the penalty of Life Imprisonment and a fine of Five Hundred Thousand Pesos (P500,000.00); and (2) Illegal possession of 0.03 gram of Methamphetamine Hydrochloride or "shabu" in violation of Section 11, Article II of Republic Act No. 9165, sentencing him to suffer the penalty of imprisonment of twelve (12) years and one (1) day to fourteen (14) years and a fine of Three Hundred Thousand Pesos (P300,000.00).
SO ORDERED.
Very truly yours,
(Sgd.) LUCITA ABJELINA-SORIANO
Division Clerk of Court