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[G.R. No. 143226-28. October 11, 2000]

PEOPLE vs. QUETTY MORGA

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated OCT 11 2000.

G.R. No. 143226-28 (People of the Philippines vs. Quetty Morga.)

Accused- appellant Quetty Morga was charged with the crimes of estafa under Article 315, paragraph 2 (d) of the RPC and two (2) counts of violation of Batas Pambansa BIg . 22 before the Regional Trial Court of Makati, Branch 64. During the trial, accused-appellant posted a property bond, for her provisional release, which consisted of two (2) parcels of unirrigated riceland and cocoland situated at Nohon, Macrohon, Southern Leyte covered and described in Original Certificate of Title Nos. 15759 and 15760 and registered in the name of Feliza Saavedra, who affixed her signature on the bond. The same was annotated at the dorsal portion of the said titles.

At the arraignment, accused-appellant entered a plea of not guilty.

On February 24, 2000, the Court rendered judgment, the decretal portion of which reads as. follows:

"WHEREFORE, in view of all the foregoing, the accused QUETTY MORGA is hereby found guilty beyond reasonable doubt of the crime of Estafa under Article 315, paragraph 2(d) of the Revised Penal Code, as amended, and is sentenced to suffer the penalty of THIRTY (30) YEARS of RECLUSION PERPETUA.

The same accused is also found guilty beyond reasonable doubt of two (2) counts of Violation of B.P. 22 and is sentenced to suffer in each case, the penalty of ONE (1) YEAR of imprisonment.

The accused is also ordered to pay to the private complainant the total of the two (2) checks in the amount of One Hundred Twenty Five Thousand (P125,000.00) Pesos, plus legal interest thereon from the time of the filing of the Informations until the said amount is frilly paid.

As indicated above, the accused violated the condition of her bail for which reason her bailbond was cancelled. Considering that the bondsman, Felisa Saavedra failed to produce the accused in Court despite the opportunity granted to her, judgment is rendered against the property put up as bond. Let Writ of Execution issue against the subject real property in favor of the Government. Let the Writ of Execution be annotated at the back of the titles aforementioned after the finality of this Decision.

SO ORDERED."

On May 23, 2000, accused-appellant's counsel, Atty. Danilo Macalino, filed a notice of appeal. Acting on said notice, the Court ordered the transmittal of the entire records of the case to this Court.

It appearing from the records that accused-appellant remains at-large, we have no other recourse but to dismiss her appeal. This Court has held that the accused should not be afforded the right to appeal unless he submits himself to the jurisdiction of the court. While at-large, he cannot seek relief from the court as he is deemed to have waived the same and has no standing therein. (People v. Mapalao, 197 SCRA 79)

Accordingly, this Court resolved:

a) to DISMISS the appeal for ABANDONMENT;

b) to REMAND the records of this case to the trial court for execution of the judgment;

c) to ISSUE a WARRANT OF ARREST addressed to the Director General, PNP, Camp Crame, Quezon City, for service; and for the latter to INFORM this Court of the result of such service of warrant of arrest within sixty (60) days from receipt hereof.

SO ORDERED.

Very truly yours,

(Sgd.) TOMASITA B. MAGAY-DRIS

Clerk of Court

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