THE PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ALICAN DELA CRUZ Y MERCADO, ACCUSED-APPELLANT.
Decisions / Signed Resolutions FOURTH DIVISION BALTAZAR-PADILLA, J.:
BALTAZAR-PADILLA, J.:
On March 2, 2015, accused-appellant’s counsel filed a Manifestation with Motion to Withdraw Appeal alleging that he personally conferred with accused-appellant who is presently confined at the National Bilibid Prison, Muntinlupa City. In the said meeting, accused-appellant expressed his intention to withdraw his appeal before this Court. His counsel explained to him in a language understood by him the legal implications and the possible consequences of withdrawing his appeal. Accused-appellant, however, has remained firm in his decision to withdraw his appeal. Attached to the Manifestation with Motion is a handwritten letter made by accused-appellant confirming his intention to withdraw his appeal.
Under Section 3 of Rule 50 of the Rules of Court, withdrawing the appeal is a matter of right on the part of the appellant before the filing of appellee’s brief. Considering that not even an appellant’s brief has yet been filed and considering further the Manifestation of accused-appellant that he is withdrawing his appeal voluntarily and with full understanding of the consequences thereof, his motion is hereby GRANTED.
WHEREFORE, the instant appeal is considered WITHDRAWN and the case is declared CLOSED and TERMINATED.
Let Entry of Judgment be issued herein.
SO ORDERED.
Abdulwahid, H. S., Chairperson and Inting, S. B., JJ., concur.