Monday, July 7, 2014

BY ESCAPING PRISON, ACCUSED-APPELLANT IMPLIEDLY WAIVED HIS RIGHT TO APPEAL:

     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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