"Once a case has been submitted for a court's decision, the petitioning party cannot, at their election, withdraw their appeal.71 The grant or denial of the withdrawal is addressed to the sound discretion of the court.72
The practice of the courts has always been to the effect that once a case or appeal is submitted for decision, its withdrawal should not be at the discretion of the party, but dependent on the assent thereto of the adjudicating authority.
. . . .
. . . What is important is that once the finality of the questioned judgment has been arrested by a motion for reconsideration, the reviewing officer should be given full opportunity to restudy the records and satisfy himself whether justice has been done; and if convinced that it was not done, to revise and correct the judgment as the interest of justice requires, irrespective of whether the defendant will be favored or prejudiced. The public interest demands no less. As the Spanish proverb goes, justice is "no mas pero no menos".73
Petitioner can no longer elect to withdraw her Petition for Review at this late stage in the proceedings. It is merely incidental that, if we had granted petitioner's motion, it would have had the same result as this resolution on the merits."
THIRD DIVISION
[ G.R. No. 207324. September 30, 2020 ]
MARY ELIZABETH MERCADO, PETITIONER, VS. RENE V. ONGPIN, RESPONDENT.
https://lawphil.net/judjuris/juri2020/sep2020/gr_207324_2020.html
