THE PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ROLANDO OPULENCIA @ “LANDO,” RICARDO OPULENCIA @ “RICKY,” JIMMY MADALI Y WATIWAT, ALEJANDRO MADALI Y WATIWAT @ “DAYO” AND …
BARZA, J.:
On April 8, 2014, Major Romeo U. Delmo, Acting Provincial Warden of Oriental Mindoro, Calapan City, filed a Manifestation[1], manifesting therein that Ronaldo (sic) and Ricardo Opulencia, Jimmy Madali y Watiwat and Nelson Arcilla y Amaro ceased to be in the custody of the Oriental Mindoro Provincial Jail, Calapan City; that, per records of the said Office, all of the accused-appellants were forwarded/committed to the National Bureau of Prisons, Bureau of Corrections, Muntinlupa City, which the Court NOTED in its Minute Resolution[2] dated May 2, 2014.
On April 7, 2014, accused-appellants’ counsel filed a Motion For Last Extension[3], praying that he be given a last extension of ten (10) days from April 4, 2014 or until April 14, 2014, within which to file the Appellants’ Brief, which this Court GRANTED in its Minute Resolution[4] dated May 12, 2014.
On July 10, 2014, this Court issued a Minute Resolution[5], requiring accused-appellants to show cause why the instant petition should not be dismissed for failure to file Brief within the reglementary period, and the same was received by accused-appellants’ counsel, Attys. Rafael Infantado and Teresita Infantado-Gines on July 31, 2014.
As per Report[6] of the Judicial Record Division (JRD) dated October 1, 2014, no Compliance with the July 10, 2014 Resolution has been filed by accused-appellants, and the same is NOTED by this Court.
Considering the accused-appellants’ failure to file the required Brief within the period prayed for, despite notice, We consider them to have abandoned the filing thereof.
WHEREFORE, in view of Section 1 (e), Rule 50 of the Rules of Court, the instant appeal is hereby DISMISSED for failure of the accused-appellants to file the required brief within the time provided by the Rules.
SO ORDERED.
Abdulwahid, (Chairperson), and Cruz, JJ., concur.
[1] Rollo, p. 37
[2] Rollo, p. 43.
[3] Rollo, p. 44
[4] Ibid., p. 47.
[5] Ibid., p. 48.
[6] Ibid., p. 48 (Dorsal Portion).