THIRD DIVISION
[G.R. No. 216984. July 10, 2019.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.VIMA P. PUNZALAN, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution datedJuly 10, 2019, which reads as follows:
"G.R. No. 216984 (PEOPLE OF THE PHILIPPINES, plaintiff-appellee v. VIMA P. PUNZALAN, accused-appellant). — On March 17, 2015, the Court of Appeals elevated the records of this case to this Court pursuant to its November 10, 2014 Resolution, 1 which gave due course to the Notice of Appeal filed by accused-appellant Vima P. Punzalan.
In its June 22, 2015 Resolution, 2 this Court noted the records of this case forwarded by the Court of Appeals and informed the parties that they may file their supplemental briefs.
In its November 11, 2015 Resolution, 3 this Court: (1) noted the Manifestation 4 filed by plaintiff-appellee, through the Office of the Solicitor General, stating that it would no longer file a supplemental brief; and (2) awaited the supplemental brief of accused-appellant. HTcADC
In its June 22, 2016 Resolution, 5 this Court noted the Manifestation 6 filed by accused-appellant, through her counsel, stating that she would no longer file a supplemental brief.
In its December 7, 2016 Resolution, 7 this Court noted the Manifestation of Plaridel Surety and Insurance Company, stating that despite reasonable and diligent efforts, it has failed to locate accused-appellant and could not surrender her. This Court directed the counsel for accused-appellant to explain why the appeal should not be dismissed in view of the accused-appellant's failure to surrender.
To date, accused-appellant's counsel has yet to state his reason for his failure to explain why the appeal should not be dismissed in view of the accused-appellant's failure to surrender.
As a general rule, parties who flee pending appeal are in contempt of the authority of court and law. As such, they lose standing in court and are deemed to have waived any right to seek relief from the court. 8
After an evaluation of the records of this case, this Court resolves to DISMISS the appeal of accused-appellant for her failure to surrender herself and sufficiently show reversible error in the assailed Court of Appeals May 28, 2014 Decision, 9 warranting the exercise of this Court's appellate jurisdiction.
WHEREFORE, this Court AFFIRMS the Court of Appeals May 28, 2014 Decision in CA-G.R. CR-HC No. 06113. Accused-appellant Vima P. Punzalan is found guilty of the crime of violation of Article II, Section 11 of Republic Act No. 9165. She shall serve the penalty of imprisonment of twenty (20) years and one (1) day, as minimum, to twenty-five (25) years, as maximum, and pay a fine of Four Hundred Thousand Pesos (P400,000.00). 10 CAIHTE
SO ORDERED." (A.B. Reyes, Jr., J., no part, due to his prior participation in the Court of Appeals; Carandang, J., designated additional Member per Raffle dated July 1, 2019.)
Very truly yours,
(SGD.) WILFREDO V. LAPITANDivision Clerk of Court
Footnotes
1.Rollo, p. 21.
2.Id. at 24-25.
3.Id. at 34-35.
4.Id. at 30-33.
5.Id. at 46-47.
6.Id. at 42-43.
7.Id. at 80-81.
8.People v. Mamalias, 385 Phil. 499, 510 (2000) [Per J. Puno, First Division].
9.Rollo, pp. 2-16. The Decision was penned by Associate Justice Normandie B. Pizarro, and concurred in by Presiding Justice Andres B. Reyes, Jr. (now a member of this Court) and Associate Justice Manuel M. Barrios of the First Division, Court of Appeals, Manila.
10. See Argoncillo v. Court of Appeals, 354 Phil. 324 (1998) [Per J. Kapunan, Third Division]; People v. Obias, Jr. y Arroyo, G.R. No. 222187, March 25, 2019 [Per J. Del Castillo, First Division].