PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. AUGUSTO MALLARI, JR. Y CELONEZ A.K.A. “JON-JON PEREZ” & MARCELINO COSTALES A.K.A “JAY-R”, ACCUSED-APPELLANTS.
Decisions / Signed Resolutions December 1, 2014 FOURTEENTH DIVISION BATO, JR., J.:
BATO, JR., J.:
In the Decision dated December 1, 2014, Regional Trial Court (RTC) of Manila, Branch 25, Judge Marlina M. Manuel convicted both accused Augusto Mallari, Jr. y Celonez a.k.a “Jon-Jon Perez” and Marcelino Costales a.k.a. “Jay-R” with the crime of homicide and “sentenced each to suffer the indeterminate penalty of imprisonment ranging from eight (8) years and one (1) day of Prision Mayor to fourteen (14) years, eight months and one (1) day of Reclusion Temporal” and ordered “to pay the heirs of deceased Gerry Cabuhat y Abanes a.k.a. Jimmy/James Tan y Dasig the sum of P40,000.00 as actual damages and P75,000.00 as civil indemnity.” Despite the warrants of arrest dated June 9, 2014, issued by RTC Judge Manuel, both accused are at large. As held in the case of People vs. Omar Mapalao and Rex Magumnang[1], the appeal must be dismissed if the accused is at large or jumps bail for the simple reason that “he loses his standing in court and unless he surrenders or submits to the jurisdiction of the court he is deemed to have waived any right to seek relief from the court.”
[1] G. R. No. 92415, May 14, 1991, 197 SCRA 79.
ACCORDINGLY, the instant appeal is hereby DISMISSED. The above-entitled case is considered CLOSED and TERMINATED.
SO ORDERED.
Bato, Jr., Chairperson, and Diy, JJ., concur.
[1] G. R. No. 92415, May 14, 1991, 197 SCRA 79.