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please note that Section 3, Rule 50 of the 1997 Revised Rules of Court, as amended, provides that, “An appeal may be withdrawn as of right at any time before the filing of the appellee’s brief.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.

Res judicata will set in assuming your withdrawal of appeal will be granted by the appellate court. The legal consequence of withdrawal of appeal was clearly discussed by the court in the case of Philippine National Bank vs. Atty. Oaminal (GR 219325, Feb. 17, 2021), where the Supreme Court speaking through Associate Justice Samuel Gaerlan stated:

“Where an appellant withdraws his appeal, he must face the consequences of his withdrawal, such as the Decision of the court a quo becoming final and executory. The effects of the finality of a judgment was briefly discussed by this Court in Taisei Shimizu Joint Venture v. Commission on Audit, thus: When a court or tribunal having jurisdiction over an action renders judgment and the same becomes final and executory, res judicata sets in.

“xxx Res judicata is defined as a matter adjudged; a thing judicially acted upon or decided; a thing or matter settled by judgment. Under this doctrine, an existing final judgment or decree rendered on the merits, and without fraud or collusion, by a court of competent jurisdiction, upon any matter within its jurisdiction, is conclusive of the rights of the parties or their privies, in all other actions or suits in the same or any other judicial tribunal of concurrent jurisdiction on the points and matters in issue in the first suit. To state simply, a final judgment or decree on the merits by a court of competent jurisdiction is conclusive of the rights of the parties or their privies in all later suits on all points and matters determined in the former suit. Res judicata has two aspects: bar by prior judgment and conclusiveness of judgment as provided under Section 47 (b) and (c), Rule 39, respectively, of the Rules of Court. Under the doctrine of conclusiveness of judgment, facts and issues actually and directly resolved in a former suit cannot be raised in any future case between the same parties, even if the latter suit may involve a different cause of action.”

Applying the above-quoted decision in your situation, the withdrawal of appeal has legal consequences such as the decision of the court becoming final and executory, and therefore, res judicata will set in. The facts and issues which were actually resolved in the former suit cannot be raised in any future case involving the same parties; hence, your intention of filing your appeal next year after the grant of its withdrawal will be dismissed because it will be barred by res judicata.

We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.