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    Usares v. People

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    Man2x Salomon
    The Court of Appeals was correct in dismissing Angela Usares' appeal. According to Section 8 of Rule 124, the Court of Appeals may dismiss an appeal if the appellant jumps bail. Usares was found guilty of homicide by the Regional Trial Court and her bail was cancelled. However, she continued to enjoy provisional liberty during the appeal without posting a valid bail bond, making her considered to have jumped bail. As such, the Court of Appeals was authorized to dismiss her appeal according to the rules.

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    Usares v. People

    Uploaded by

    Man2x Salomon
    315 views1 page
    The Court of Appeals was correct in dismissing Angela Usares' appeal. According to Section 8 of Rule 124, the Court of Appeals may dismiss an appeal if the appellant jumps bail. Usares was found guilty of homicide by the Regional Trial Court and her bail was cancelled. However, she continued to enjoy provisional liberty during the appeal without posting a valid bail bond, making her considered to have jumped bail. As such, the Court of Appeals was authorized to dismiss her appeal according to the rules.

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    Usares v. People case digest; law files; remedial law

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    The Court of Appeals was correct in dismissing Angela Usares' appeal. According to Section 8 of Rule 124, the Court of Appeals may dismiss an appeal if the appellant jumps bail. Usares was found guilty of homicide by the Regional Trial Court and her bail was cancelled. However, she continued to enjoy provisional liberty during the appeal without posting a valid bail bond, making her considered to have jumped bail. As such, the Court of Appeals was authorized to dismiss her appeal according to the rules.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    315 views1 page

    Usares v. People

    Uploaded by

    Man2x Salomon
    The Court of Appeals was correct in dismissing Angela Usares' appeal. According to Section 8 of Rule 124, the Court of Appeals may dismiss an appeal if the appellant jumps bail. Usares was found guilty of homicide by the Regional Trial Court and her bail was cancelled. However, she continued to enjoy provisional liberty during the appeal without posting a valid bail bond, making her considered to have jumped bail. As such, the Court of Appeals was authorized to dismiss her appeal according to the rules.

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    © All Rights Reserved
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    of 1

    RULE 124: PROCDEURE IN THE COURT OF APPEALS

    G.R. No. 209047, January 07, 2019

    ANGELA USARES Y SIBAY, Petitioner, VS.


    PEOPLE OF PHILIPPINES, Respondent.

    FACTS:
    The RTC found Usares guilty beyond reasonable doubt of the crime of
    Homicide. Additionally, the RTC cancelled the bond posted for the provisional
    liberty of Usares. Subsequently, Usares filed a Notice of Appeal which the RTC
    granted.
    In a Resolution dated February 14, 2013, the CA dismissed Usares's appeal
    and referred the Motion for the Issuance of Warrant of Arrest to the RTC for its
    appropriate action. According to the CA, despite the judgment of conviction
    against her and the cancellation of her bail bond, Usares nonetheless continued to
    enjoy her liberty during the pendency of the appeal proceedings without a valid
    bail bond having been posted and approved by the court. As such, she is
    considered to have jumped bail, and thus, her appeal should be dismissed in
    accordance with Section 8, Rule 124 of the Revised Rules on Criminal Procedure
    and the prevailing jurisprudence.

    ISSUE:
    Whether or not the CA was correct in dismissing Usares’ appeal.

    RATIO DECIDENDI:
    Yes. The CA was correct in dismissing Usares’ appeal.
    Under Section 8, Rule 124 of the Rules of Court, the CA is authorized to
    dismiss an appeal, whether upon motion of the appellee or motu proprio, once it is
    determined that the appellant, among others, jumps bail, viz.: Section
    8. Dismissal of appeal for abandonment or failure to prosecute. - The Court of
    Appeals may, upon motion of the appellee or motu proprio and with notice to the
    appellant in either case, dismiss the appeal if the appellant fails to file his brief
    within the time prescribed by this Rule, except where the appellant is represented
    by a counsel de oficio.
    The Court of Appeals may also, upon motion of the appellee or motu
    proprio, dismiss the appeal if the appellant escapes from prison or
    confinement, jumps bail or flees to a foreign country during the pendency of the
    appeal.
    As the Court discerns, Section 8, Rule 124 evokes an implicit requirement
    for an appellant to duly observe prevailing criminal processes pending appeal, else,
    he runs the risk of, among others, having the same dismissed. 

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