Extension Of Time For Filing Briefs
Section 5. Extension of time for filing briefs
Generally not allowed except for good and sufficient
cause and only if the motion for extension is filed
before the expiration of the period sought to be
extended.
Section 6. Form of briefs
Briefs shall either be printed, encoded or typewritten in double space
on the legal size good quality unglazed paper, 330 mm. in length
by 216 mm. in width.
Section 7. Contents of brief
Unlike in civil actions, it is not necessary for the
appellant to make assignment of errors in his brief, as
on appeal, the whole record of the case is submitted
to and reviewable by the appellate court.
Section 8. Dismissal of appeal for abandonment or failure
to prosecute
GROUNDS FOR DISMISSAL OF APPEAL
1. Failure on the part of the appellant to file his
brief within the reglementary period, except
when he is represented by counsel de oficio
2. Escape of the appellant from prison
3. Appellant jumps bail
4. Flight of the appellant to a foreign country
during the pendency of the appeal
NOTE: Ground (1) is deemed abandonment of
appeal, grounds (2) (3) (4) are deemed failure to
prosecute
EFFECT OF FAILURE TO PROSECUTE APPEAL
1. judgment of the court below becomes final
2. accused cannot be afforded the right to appeal
unless
a. he voluntarily submits to the jurisdiction of
the court or
b. he is otherwise arrested within 15 days
from notice of judgment against him