This case deals with whether an appellant can withdraw his appeal. Mario, a poor fisherman, lived with his wife in a rural village near Mila, a 26-year-old woman with a mental disability.
One night, after watching TV with her brother, Mila was about to leave their house when Mario suddenly grabbed her. He pulled her back inside, placed her on a bamboo bed, removed her clothes and put a knife nearby to scare her. Mila was terrified and could not fight back. Mario then forced himself on her. After the assault, he warned her not to tell anyone, twisting her arm to frighten her even more.
Mila, however, told her grandmother and mother what had happened. A criminal case for rape was then filed against Mario. He said he was fishing when the crime happened, but the lower court did not believe his alibi.
After the trial, the court found him guilty and sentenced him to reclusion perpetua. Mario later filed an appeal to the Supreme Court. He sent his brief, and the Office of the Solicitor General (OSG) also filed their brief, asking for a higher penalty. The Supreme Court asked Mario to submit a reply brief.
But instead of following the order, Mario filed a motion to withdraw his appeal because he was afraid that the penalty might become even heavier. The OSG opposed this, saying that once both sides have filed their briefs, withdrawal is no longer automatic but depends on the Court’s discretion.
The Supreme Court decided that Mario’s request could still be allowed. Even though both parties had already filed their briefs, Mario had not yet completed the whole process because he still needed to submit a reply brief.
The Court also considered his very low education and poor background. He likely did not fully understand that appealing the case could worsen his sentence. The Court explained that an appeal is meant to protect the accused, and since the right to appeal is not a constitutional right but only a legal privilege, it can be waived. By choosing to withdraw his appeal, Mario accepted the decision of the trial court.
Allowing the withdrawal also saves the Court time and resources and lets Mario start the process of rehabilitation sooner. Unless there is a very strong legal reason, the option to withdraw an appeal should not be denied. (People vs. Paradeza, G.R. 144590, Feb. 7, 2003).