[ G.R. No. 140456. January 17, 2000]

MELCO LEVISTE vs. CA, et al.

FIRST DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated JAN 17 2000.

G.R. No. 140456 (Melco Leviste a.k.a Melchor Leviste vs. Court of Appeals (Former 11 th Division) and People of the Philippines.)

In an Information dated May 15, 1996, petitioner was charged with estafa under Art. 315, Par. 1(b) of the Revised Penal Code. After trial, the lower court rendered judgment finding petitioner guilty of the crime charged. Petitioner appealed to the Court of Appeals but his appeal was dismissed for failure to prosecute on August 23, 1999.

We find no reversible error on the part of respondent Court of Appeals, hence the petition must be denied.

Rule 124, Section 8, paragraph 2 of the Revised Rules of Court is clear. It provides that when the accused-appellant jumps bail, the Court may consider it as an abandonment of the appeal and may dismiss the appeal for failure to prosecute. Indeed, the records show that the "accused-appellant is with standing alias warrant of arrest" and according to the Branch Clerk of Court of the RTC Para�aque, "there is no return of service on the said alias warrant of arrest that is on file with this Court."

ACCORDINGLY, the petition is DENIED for lack of merit.

Very truly yours,

(Sgd.) VIRGINIA ANCHETA-SORIANO

Clerk of Court


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