Vitto Vs CA
Vitto Vs CA
Vitto Vs CA
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. (8a)
While petitioner, who is being represented by a counsel de parte, wants to avail
himself of the opportunity to prove his innocence, yet he insolently refused to
submit himself to the jurisdiction of the very same Appellate Court from which
he is seeking relief. Such actuation cannot be countenanced.
Petitioners claim that he was not aware that he must surrender himself to the
court is a flimsy excuse. It bears stressing that he was represented by counsel
throughout the trial and while his case was on appeal. Considering that he was
facing a serious charge, it was incumbent upon him to inform his lawyer of his
whereabouts and to inquire about the status of his case from time to time. In the
same manner, his counsel should have exercised the required diligence
incumbent upon him to acquaint his client regarding the proceedings in the
appellate court.
The law cannot protect a party who sleeps on his rights, or does some acts
inconsistent with its prosecution.