Withdrawal of appeal has legal consequences

Dear PAO,

I am a person deprived of liberty, and my criminal case was already on appeal. I think that I cannot obtain a favorable judgment, so I am contemplating on withdrawing my appeal and will refile next year. What would be the implication of such action If I will proceed with my plan?

Helder

Dear Helder,

Your intention of withdrawing your appeal would put an end to your case. The decision of the lower court will become final. However, please note that Section 3, Rule 50 of the 1997 Revised Rules of Court, as amended, provides that, "An appeal may be withdrawn as of right at any time before the filing of the appellee's brief. Thereafter, the withdrawal may be allowed in the discretion of the court." Thus, the court may grant your withdrawal of appeal before the filing of your appellee's brief, however, such withdrawal may still be allowed in the discretion of the court if the same was made after the filing of the appellee's brief.