G.R. No. L-13384; April 10, 1918
DEE SEE CHOON, plaintiff-appellant, vs. J. S. STANLEY, Insular Collector of Customs, defendant-appellee.

FACTS:
The appellant, through her attorneys, filed a motion to withdraw the appeal perfected before the Supreme Court. The appellee, through the Acting Attorney-General, joined the request for dismissal. At the time of the motion, the appeal had been perfected, briefs from both parties had been submitted, the case had been calendared and submitted for decision, and a judgment had been voted upon by the Court but not yet promulgated. The Court noted the absence of a specific rule governing the dismissal or withdrawal of appeals at this particular stage of the proceedings.

ISSUE:
Whether an appellant may be permitted to withdraw an appeal after the case has been submitted for decision and a judgment has been voted upon but not yet promulgated.

RULING:
Yes, but under specific conditions. The Supreme Court, recognizing the lack of a governing rule and aligning with better modern practice, established the following procedural rule: After a case has been submitted, an appellant seeking to withdraw the appeal must (1) obtain the consent of the adverse party or show that such consent is being withheld for insufficient reasons, (2) make a proper motion in court, and (3) obtain leave from the court. Applying this new rule to the instant case, and since the appellee consented to the withdrawal, the Court granted the motion.

Justice Torres, in a concurring opinion, emphasized that while consent of the adverse party is generally required in civil cases, the Court should resolve such motions based on the demands of justice and existing law, case by case, rather than by a rigid general rule.