CORINTHIAN SYSTEMS INTERNATIONAL GROUP, INC., AS REPRESENTED BY ITS PRESIDENT EDISON M. DIAZ, PLAINTIFF-APPELLEE, VS. CHRISTOPHER P. BELDA, DEFENDANT-APPELLANT.
VELOSO, J.:
Meanwhile, finding merit in the allegations of the instant Motion to Withdraw Appeal[2] dated August 5, 2014 which defendant-appellant filed through counsel, viz.:
“1. The parties in the above-entitled case on July 14, 2014 executed a Compromise Agreement mutually agreeing to resolve the subject matter of the instant case amicably. The said agreement and all settlement it represents were entered into by the parties for the purpose of avoiding further expense of litigation and reaching a peaceful resolution over the matter at hand.
A copy of the aforesaid Compromise Agreement is hereto attached marked as ANNEX ‘1’ and made integral part of this motion.
2. Considering that the parties have already agreed to settle the issues amicably through a compromise agreement, defendant-appellant now respectfully moves to withdraw his appeal in this case.
3. This motion is also being filed pursuant to Section 3[,] Rule 50 of the Rules of Court which provides in part that an appeal may be withdrawn as of right at any time before the filing of the appellee’s brief.
PRAYER
WHEREFORE, premises considered, defendant-appellant Christopher P. Belda respectfully prays that the instant motion be granted and the appeal he filed in the above-entitled case be ordered withdrawn.” (emphasis Ours),
and considering that the Compromise Agreement,[3] dated July 14, 2014, appears to have been voluntarily executed by the parties,[4] and further noting that plaintiff-appellee confirmed and attested to the existence of the same agreement,[5] the Court resolves to GRANT the prayed for withdrawal of the instant appeal.
ACCORDINGLY, the case is DISMISSED.
SO ORDERED.
Lantion, and Antonio-Valenzuela, JJ., concur.
[1] Rollo p. 68.
[2] Ibid. p. 55.
[3] Rollo, p. 59.
[4] Ibid., p. 61.
[5] Ibid., p. 69.