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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

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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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