Although Rule 124, Section 8 particularly
applies to the Court of Appeals, it has been extended to the Supreme Court by Rule 125, Section 1 of the Revised
Rules of Criminal Procedure. Notwithstanding, the escape of the
accused-appellant did not preclude the Court of Appeals from exercising its
review jurisdiction, considering that what was involved was capital
punishment. Automatic
review being mandatory, it is not only a power of the court but a duty to
review all death penalty cases. (People
vs. Esparas, G.R. No. 120034, August 20, 1996). By escaping prison,
accused-appellant impliedly waived his right to appeal. (People vs. Francisco Taruc, G.R. No. 185202, February
18, 2009, Chico-Nazario, J.)
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