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[ G.R. No. 137253-54. January 31, 2000]

Quoted hereunder, for your information, is a resolution of this Court dated JAN 31, 2000.

G.R. No. 137253-54 (People of the Philippines vs. Pedro Arendain.)

Accused-appellant Pedro Arendain filed a Motion to Withdraw Appeal dated August 2, 1999 requesting the withdrawal of his appeal as he is a "already 74 years old and sickly". Considering the voluntariness of the withdrawal and having been apprised of the consequence thereof, the Court, in the Resolution dated November 17, 1999, granted the motion and the appeal, insofar as said accused-appellant Arendain was concerned, was considered withdrawn. In the letter dated November 18, 1999, accused-appellant Arendain, this time joined by co-accused-appellants Bobby Pagayao and Allan Pagayao, manifested their desire to withdraw the appeal. The letter contains a certification by Gerardo F. Padilla, Chief of the Documents Section of the Davao Prison and Penal; Farm to the effect that the letter was executed "voluntarily and personally" and the same was contained in the 1st Indorsement of P/Superintendent Alfredo B. Gonzon of the Davao Prison and Penal Farms. Accordingly, having been apprised of the consequences of the withdrawal of the appeal, the Court RESOLVES to consider the appeal of all the accused-appellants WITHDRAWN and the case TERMINATED.

SO ORDERED