PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ROSITA ESPORLAS Y EMBATE, ACCUSED-APPELLANT.

Decisions / Signed Resolutions January 3, 2013 THIRTEENTH DIVISION YBAÑEZ, J.:


YBAÑEZ, J.:


Before Us is an Urgent Motion to Withdraw Appeal with Apology[1] filed by accused-appellant’s counsel, alleging that, on 21 January 2014, the Public Attorney’s Office Special and Appealed Cases Service (PAO-SACS) received a Notice to File Brief[2] dated 3 January 2013, ordering accused-appellant to file her brief within thirty (30) days from notice, or on 21 January 2014.

However, on the second week of February, accused-appellant manifested through telephone her desire to withdraw her appeal. Thus, counsel for appellant personally visited appellant at the Correctional Institute for Women and, after conferring and explaining to her the legal effects and consequences of the withdrawal of her appeal, appellant still manifested her intent to withdraw, reiterating that her decision was voluntary. Attached to the said Motion is the handwritten letter[3] of appellant signifying her intention to withdraw the instant appeal.

WHEREFORE, finding the Urgent Motion to Withdraw Appeal to be in order, the same is GRANTED. The instant appeal is deemed WITHDRAWN, and this case declared CLOSED and TERMINATED.

SO ORDERED.

Dimaampao, (Chairperson), and Sadang, JJ., concur.


[1] Rollo, pp. 16-20.

[2] Ibid., p. 15.

[3] Ibid., pp. 21-22.