PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ERICK ECHAGUE @ “DODOY/DODONG,” ACCUSED-APPELLANT.

Decisions / Signed Resolutions SIXTEENTH DIVISION ZALAMEDA, R.V., J.:
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ZALAMEDA, R.V., J.:


On 22 April 2014, the Court required accused-appellant to file his Brief with thirty (30) days from notice.[1] Per registry return card said notice was received on 22 May 2014.[2] However, no Appellant’s Brief has yet been filed up to this date per CMIS Verification.[3]

Sec. 8, Rule 124 of the Revised Rules on Criminal Procedure 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 Rules, except where the appellant is represented by a counsel de oficio.”

WHEREFORE, premises   considered,   for   failure  to  file appellant’s brief, the instant Appeal is considered ABANDONED and, accordingly, DISMISSED. Consequently, the instant case is deemed CLOSED and TERMINATED.

SO ORDERED.

Bato, Jr., (Chairperson), and Sempio Diy,  JJ., concur.

[1] Rollo, page 23.

[2] Id. Dorsal portion of page 23.

[3] Id. Dorsal portion of page 24.

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