Friday, November 2, 2012

When is appeal deemed abandoned? - sc.judiciary.gov.ph/jurisprudence/2012/october2012/130714.pdf

See - sc.judiciary.gov.ph/jurisprudence/2012/october2012/130714.pdf

"x x x.


Thus, even if the Court were to remand these cases to the CA for intermediate review, the CA would only be constrained to dismiss appellant’s appeal, as he is considered a fugitive from justice. On this core, Section 8, Rule 124 of the Rules of Court is relevant, which provides:

SEC. 8.  Dismissal of appeal for abandonment or failure to prosecute. – The Court of Appeals may, upon motion of the appellee or motu proprio and with notice to the appellant in either case, dismiss the appeal if the
appellant fails to file his brief within the time prescribed by this Rule, except where the appellant is represented by a counsel de officio.

The Court of Appeals  may  also,  upon motion of the  appellee  or motu proprio,  dismiss  the  appeal  if the appellant  escapes  from  prison  or  confinement,  jumps bail or flees  to  a foreign  country during the pendency of the appeal. 
(Emphasis supplied)

It bears to stress that the right to appeal is merely a statutory privilege,
and,  as such, may  be  exercised  only  in  the  manner  and  in  accordance with the  provisions  of the  law.  The  party  who seeks  to  avail  of the same  must comply with the requirements of the Rules, failing which, the right to  appeal
is lost."