SECTION 12. WITHDRAWAL

OF APPEALRule 122 Appeal

SECTION 12. WITHDRAWAL OF APPEAL An appellant may withdraw his appeal

BEFORE the record has been forwarded by the clerk of court to the proper appellate court as provided by section 8 (Transmission of papers to appellate court), in which case the judgment shall become final

The court may also, in its discretion, allow the appellant to withdraw his appeal, PROVIDED a motion that effect is filed BEFORE the rendition of the judgment in the case on appeal. (People v. Madrigal, G.R. L-16688-90)

Withdrawn- the decision or judgment appealed from become at once final and executory. (People v. Dueno, G.R. L-31102)

SECTION 13. APPOINTMENT OF

COUNSEL DE OFFICIO FOR ACCUSED ON

APPEALRule 122. Appeal

The right to counsel de officio does not cease upon the conviction of an accused by a trial court but continues even during appeal.

DUTIES OF THE CLERK OF COURT TO APPELLANT 1. He shall ascertain from the appellant

whether he desires the Regional trial court, Court of appeals or the Supreme Court to appoint an attorney de officio to defend him.

2. He shall transmit with the record, upon a form to be prepared by the clerk of the appellate court, a certificate of compliance with this duty and of the response of the appellant to his inquiry