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    Withdraw Appeal To SC - 07292015

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    alwayskeepthefaith8
    The Court of Appeals granted the motion to withdraw the appeal filed by the Public Attorney's Office on behalf of the accused-appellant Edwin Opeña. The PAO had filed a motion to withdraw the appeal after the accused-appellant intimated his desire not to elevate his case to the Supreme Court. However, the initial letter from the accused-appellant was not signed. The Court directed the PAO to obtain a signed written conformity from the accused-appellant, which was subsequently filed. Finding the motion to withdraw the appeal to be in order, the Court granted the motion and ordered the notice of appeal withdrawn.

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    Withdraw Appeal To SC - 07292015

    Uploaded by

    alwayskeepthefaith8
    241 views2 pages
    The Court of Appeals granted the motion to withdraw the appeal filed by the Public Attorney's Office on behalf of the accused-appellant Edwin Opeña. The PAO had filed a motion to withdraw the appeal after the accused-appellant intimated his desire not to elevate his case to the Supreme Court. However, the initial letter from the accused-appellant was not signed. The Court directed the PAO to obtain a signed written conformity from the accused-appellant, which was subsequently filed. Finding the motion to withdraw the appeal to be in order, the Court granted the motion and ordered the notice of appeal withdrawn.

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    Original Title

    Withdraw Appeal to SC_07292015

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    The Court of Appeals granted the motion to withdraw the appeal filed by the Public Attorney's Office on behalf of the accused-appellant Edwin Opeña. The PAO had filed a motion to withdraw the appeal after the accused-appellant intimated his desire not to elevate his case to the Supreme Court. However, the initial letter from the accused-appellant was not signed. The Court directed the PAO to obtain a signed written conformity from the accused-appellant, which was subsequently filed. Finding the motion to withdraw the appeal to be in order, the Court granted the motion and ordered the notice of appeal withdrawn.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    241 views2 pages

    Withdraw Appeal To SC - 07292015

    Uploaded by

    alwayskeepthefaith8
    The Court of Appeals granted the motion to withdraw the appeal filed by the Public Attorney's Office on behalf of the accused-appellant Edwin Opeña. The PAO had filed a motion to withdraw the appeal after the accused-appellant intimated his desire not to elevate his case to the Supreme Court. However, the initial letter from the accused-appellant was not signed. The Court directed the PAO to obtain a signed written conformity from the accused-appellant, which was subsequently filed. Finding the motion to withdraw the appeal to be in order, the Court granted the motion and ordered the notice of appeal withdrawn.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    Republic of the Philippines

    Court of Appeals
    Cagayan de Oro City

    FORMER TWENTY-FIRST DIVISION

    THE PEOPLE OF THE PHILIPPINES, CA-G.R. CR-HC NO. 00968-MIN


    Plaintiff-Appellee,
    Members:

    BORJA, J., CH.,


    BADELLES &
    - versus - SINGH, JJ.

    EDWIN OPEÑA, Promulgated:


    Accused-Appellant.
    July 29, 2015

    RESOLUTION

    SINGH, J.:

    On November 17, 2014, this Court issued the Decision1 modifying


    the Decision2 dated May 26, 2011 of the Regional Trial Court, Kabacan,
    Cotabato, Branch 22, in Criminal Case No. 01-43, finding accused-
    appellant guilty beyond reasonable doubt of Homicide, instead of Murder.

    A Notice of Appeal was filed on December 18, 2014 3 by the Public


    Attorney's Office (PAO), acting as counsel for accused-appellant.

    On January 13, 2015, a Motion To Withdraw Appeal 4 was


    subsequently filed by the PAO alleging that accused-appellant intimated
    his desire not to elevate his case to the Supreme Court. However, the
    handwritten letter of the accused-appellant was not signed.

    Per Minute Resolution5 dated February 11, 2015, the PAO was
    directed to secure the written conformity of the accused-appellant to the
    1 Rollo, pp. 75-84.
    2 Rollo, pp. 28-46; Record pp. 263-279.
    3 Rollo, pp. 87-89.
    4 Rollo, pp. 93-96.
    5 Rollo, p. 99.
    CA-G.R. CR-HC NO. 00968-MIN Page 2 of 2
    Resolution

    said motion. The Compliance6 was filed by accused-appellant's counsel on


    April 16, 2015 attaching therewith the handwritten letter-conformity 7 of the
    accused-appellant.

    Finding the Motion To Withdraw Appeal to be in order, the same is


    GRANTED. Consequently, the Notice of Appeal filed by the accused-
    appellant is hereby ordered WITHDRAWN.

    The Division Clerk of Court is directed to issue an Entry of Judgment


    in this case, pursuant to Section 1(a), Rule VII of the Internal Rules of the
    Court of Appeals.

    SO ORDERED.

    ORIGINAL SIGNED
    MARIA FILOMENA D. SINGH
    Associate Justice

    WE CONCUR:

    ORIGINAL SIGNED ORIGINAL SIGNED


    ROMULO V. BORJA OSCAR V. BADELLES
    Associate Justice Associate Justice

    6 Rollo, pp. 100-103.


    7 Rollo, p. 102.

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