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[ G.R. No. 132060. June 23, 1999]

PEOPLE OF THE PHILS. vs. JUAN SANGUTAN, et al.

FIRST DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated JUN 23, 1999.

G.R. No. 132060 (People of the Philippines vs. Juan Sangutan, et al.)

For consideration is the letter of Clerk of Court Jesus N. Bandong, RTC-Branch 49, Cataingan, Masbate informing this Court that accused-appellants Juan Sangutan and Benny Sangutan escaped from the custody of the authorities on November 12, 1997.

The records reveal that accused-appellants filed a Notice of Appeal in view of their conviction of the crime of Robbery with Homicide by the Regional Trial Court of Masbate.

In a resolution dated July 15, 1998, this Court directed the Judicial Records Office to send notice to file brief and the Division Clerk to inquire from or confirm with the Director of the Bureau of Corrections the confinement of the accused-appellants. In compliance therewith, the Bureau of Corrections thru Mr. Homobono R. Lachica, Jr., informed this Court that accused-appellants have no record of confinement. On October 14, 1998, the Court issued another resolution requiring the RTC - Branch 49 of Cataingan, Masbate to ascertain the whereabouts of the accused and to order their commitment to the New Bilibid Prison. Thereafter, the trial court notified this Court that accused-appellants have escaped from the provincial jail.

In view of this development, the instant appeal must be dismissed. An accused who escapes from prison jumps bail, flees to a foreign country, or refuses to surrender to the proper authorities is deemed to have abandoned, waived and forfeited his right to appeal and so his appeal deserves outright dismissal. (People vs. Agbuos, 222 SCRA 196; People vs. Ramos, 222 SCRA 557; People vs. Codilla, 224 SCRA 104).

ACCORDINGLY, the appeal is DISMISSED. Let the records of this case be remanded to the court of origin for execution of the judgment.

Very truly yours,

(Sgd.) VIRGINIA ANCHETA-SORIANO

Clerk of Court

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