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Withdraw Appeal To SC - 07292015

The Court of Appeals granted the motion to withdraw the appeal filed by the Public Attorney's Office on behalf of the accused-appellant Edwin Opeña. The PAO had filed a motion to withdraw the appeal after the accused-appellant intimated his desire not to elevate his case to the Supreme Court. However, the initial letter from the accused-appellant was not signed. The Court directed the PAO to obtain a signed written conformity from the accused-appellant, which was subsequently filed. Finding the motion to withdraw the appeal to be in order, the Court granted the motion and ordered the notice of appeal withdrawn.

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336 views

Withdraw Appeal To SC - 07292015

The Court of Appeals granted the motion to withdraw the appeal filed by the Public Attorney's Office on behalf of the accused-appellant Edwin Opeña. The PAO had filed a motion to withdraw the appeal after the accused-appellant intimated his desire not to elevate his case to the Supreme Court. However, the initial letter from the accused-appellant was not signed. The Court directed the PAO to obtain a signed written conformity from the accused-appellant, which was subsequently filed. Finding the motion to withdraw the appeal to be in order, the Court granted the motion and ordered the notice of appeal withdrawn.

Uploaded by

alwayskeepthefaith8
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Republic of the Philippines

Court of Appeals
Cagayan de Oro City

FORMER TWENTY-FIRST DIVISION

THE PEOPLE OF THE PHILIPPINES, CA-G.R. CR-HC NO. 00968-MIN


Plaintiff-Appellee,
Members:

BORJA, J., CH.,


BADELLES &
- versus - SINGH, JJ.

EDWIN OPEÑA, Promulgated:


Accused-Appellant.
July 29, 2015

RESOLUTION

SINGH, J.:

On November 17, 2014, this Court issued the Decision1 modifying


the Decision2 dated May 26, 2011 of the Regional Trial Court, Kabacan,
Cotabato, Branch 22, in Criminal Case No. 01-43, finding accused-
appellant guilty beyond reasonable doubt of Homicide, instead of Murder.

A Notice of Appeal was filed on December 18, 2014 3 by the Public


Attorney's Office (PAO), acting as counsel for accused-appellant.

On January 13, 2015, a Motion To Withdraw Appeal 4 was


subsequently filed by the PAO alleging that accused-appellant intimated
his desire not to elevate his case to the Supreme Court. However, the
handwritten letter of the accused-appellant was not signed.

Per Minute Resolution5 dated February 11, 2015, the PAO was
directed to secure the written conformity of the accused-appellant to the
1 Rollo, pp. 75-84.
2 Rollo, pp. 28-46; Record pp. 263-279.
3 Rollo, pp. 87-89.
4 Rollo, pp. 93-96.
5 Rollo, p. 99.
CA-G.R. CR-HC NO. 00968-MIN Page 2 of 2
Resolution

said motion. The Compliance6 was filed by accused-appellant's counsel on


April 16, 2015 attaching therewith the handwritten letter-conformity 7 of the
accused-appellant.

Finding the Motion To Withdraw Appeal to be in order, the same is


GRANTED. Consequently, the Notice of Appeal filed by the accused-
appellant is hereby ordered WITHDRAWN.

The Division Clerk of Court is directed to issue an Entry of Judgment


in this case, pursuant to Section 1(a), Rule VII of the Internal Rules of the
Court of Appeals.

SO ORDERED.

ORIGINAL SIGNED
MARIA FILOMENA D. SINGH
Associate Justice

WE CONCUR:

ORIGINAL SIGNED ORIGINAL SIGNED


ROMULO V. BORJA OSCAR V. BADELLES
Associate Justice Associate Justice

6 Rollo, pp. 100-103.


7 Rollo, p. 102.

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