Sec. 12. Withdrawal of appeal. - Notwithstanding perfection of the appeal, the Regional Trial Court, Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court, or Municipal Circuit Trial Court, as the case may be, may allow the appellant to withdraw his appeal before the record has been forwarded by the clerk of court to the proper appellate court as provided in section 8, in which case, the judgment shall become final. The Regional Trial Court may also, in its discretion, allow the appellant from the judgment of a Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court, or Municipal Circuit Trial Court to withdraw his appeal, provided a motion to that effect is filed before rendition of the judgment in the case on appeal, in which case the judgment of the court of origin shall become final and the case shall be remanded to the latter court for execution of the judgment.
CAN AN APPEAL THAT HAS ALREADY BEEN PERFECTED BE WITHDRAWN BY THE APPELLANT?
If the records have not yet been transmitted to the appellate court, the court that rendered the judgment has the discretion to allow the appellant to withdraw the appeal If the appeal is withdrawn, the judgment shall become final If the records have already been transmitted to the appellate court, only the appellate court may decide whether to grant the motion to withdraw the appeal, and not only before the judgment is rendered in the case of appeal
