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	GR No. 183975 2010-09-20	GREGORIO DIMARUCOT Y GARCIA v. PEOPLE VILLARAMA, JR., J.
It is clear under the foregoing provision that a criminal case may be dismissed by the CA motu proprio and with notice to the appellant if the latter fails to file his brief within the prescribed time. The phrase "with notice to the appellant" means that a notice must first be furnished the appellant to show cause why his appeal should not be dismissed.[13]