PEOPLE vs DE LOS REYES provisions of the law.

The party who seeks to avail of the same must comply

GR Nos. 130714 & 139634 | Oct 16, 2012 | Perlas-Bernabe, J. with the requirements of the Rules, failing which, the right to appeal is lost.

RULING
Two Informations were filed against Val de los Reyes and Donel Go
Petition dismissed.
accusing them of raping Imelda Brutas.
Only Donel Go was arrested and De los Reyes remained at large. Go was
arraigned and pleaded not guilty, but before the prosecution could conclude
the presentation of its evidence, Go jumped bail. He was tried in absentia.
The RTC convicted Go of 2 counts of rape. The cases against De los Reyes
were sent to the archives pending his arrest.

ISSUE
W/N the cases against Go should still be remanded to the Court of Appeals for
the conduct of an intermediate review - NO

RATIO
People v Mateo provided for making mandatory the intermediate review by
the Court of Appeals of cases involving the death penalty, reclusion perpetua
or life imprisonment. Thus, the proper course of action would be to remand
these cases to the appellate court for the conduct of an intermediate review.
However, Go does not have a right to pray for affirmative relief before the
courts after he has jumped bail.
Once an accused escapes from prison or confinement, jumps bail or flees to
a foreign country, he loses his standing in the court, and unless he
surrenders or submits to the jurisdiction of the court, he is deemed to have
waived any right to seek relief therefrom.
Even if the cases were remanded to the CA for intermediate review, the CA
would have to dismiss the appeal as appellant is a fugitive from justice, as
provided for by Sec 8 of Rule 124.
o SEC. 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 officio.

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.

It bears to stress that the right to appeal is merely a statutory privilege, and,
as such, may be exercised only in the manner and in accordance with the