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MOTION TO WITHDRAW APPEAL Sample

The Accused-Appellant has filed a motion to withdraw his appeal regarding his conviction for illegal possession of firearms and ammunition. He states that he no longer wishes to pursue the appeal and that no appellee's brief has been filed yet, allowing for the withdrawal as per the Rules of Court. The Accused-Appellant requests the Court of Appeals to grant the withdrawal and return the case records to the court of origin.

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184 views2 pages

MOTION TO WITHDRAW APPEAL Sample

The Accused-Appellant has filed a motion to withdraw his appeal regarding his conviction for illegal possession of firearms and ammunition. He states that he no longer wishes to pursue the appeal and that no appellee's brief has been filed yet, allowing for the withdrawal as per the Rules of Court. The Accused-Appellant requests the Court of Appeals to grant the withdrawal and return the case records to the court of origin.

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REPUBLIC OF THE PHILIPPINES

COURT OF APPEALS
MANILA

___________________________, CA-GR NO. ___________


Accused-Appellant,
(RTC BR. _____________________)

-versus- RTC Case No. __________________

FOR: Illegal Possession of Firearms


PEOPLE OF THE PHILIPPINES, and Ammunition
Plaintiff-Appellee.
x---------------------------------------------x

MOTION TO WITHDRAW APPEAL

Accused-Appellant, by himself, unto the Honorable Court of Appeals most


respectfully states that:

1. In a Letter / Notice from the Honorable Court dated ___________________,


which was received on _________________________, Accused-Appellant
was required to file his Appellant's Brief within thirty (30) days from receipt
thereof;

2. However, Accused-Appellant made up his mind that he no longer desires to


pursue the appeal of his conviction for the above-captioned criminal case;

3. As stated under Section 3 of Rule 50 of the Rules of Court, an appeal may


be withdrawn when:

“Section 3. Withdrawal of appeal. — 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withdrawn as of right at any time before the filing of the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”;

4. With the disinterest of the Accused-Appellant to pursue his appeal, and with
no appellee's brief having been filed yet, the Accused-Appellant most
respectfully moves to withdraw the appeal of the above-captioned case.

PRAYER

WHEREFORE, premises considered, Accused-Appellant most respectfully


moves and prays upon the Honorable Court of Appeals that the instant appeal be
ordered withdrawn and that the complete records of the case be returned to the
court of origin.

Accused-Appellant likewise prays for other or further relief as may be


deemed just and equitable under the circumstances.

Muntinlupa City for Manila, ______________________.

________________________
Accused-Appellant

Copy Furnished:

Regional Trial Court


________________________

OFFICE OF THE SOLICITOR GENERAL


134 Amorsolo St. Legaspi Village
1229 Makati City

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