Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1968 > September 1968 Decisions > G.R. No. L-28493 September 27, 1968 - AGRIPINA J. VALDEZ, ET AL. v. ESTELA DIZON, ET AL.:




PHILIPPINE SUPREME COURT DECISIONS

EN BANC

[G.R. No. L-28493. September 27, 1968.]

TESTATE ESTATE OF THE LATE AGRIPINA J. VALDEZ, MARINA DIZON-RIVERA, executrix-appellee, v. ESTELA DIZON, TOMAS V. DIZON, JOSEFINA DIZON, ANGELINA DIZON and LILIA DIZON, Oppositors-Appellants.

Punzalan, Yabut and Eusebio for executrix-appellee.

Leonardo Abola for oppositors-appellants.


SYLLABUS


1. REMEDIAL LAW; APPEAL; DISMISSAL THEREOF FOR FAILURE TO FILE APPELLANTS’ BRIEF WITHIN EXTENSION ALLOWED AND FOR BEING UNMERITORIOUS. — After considering all the circumstances of the case, particularly the fact that the motion for extension of five days filed by appellants was in violation of the warning contained in this Court’s resolution and was filed seven days late, and considering further that, at any rate, the dismissed appeal is not meritorious because the P12,000.00 fees awarded to the executrix would seem reasonable considering that the value of the estate administered by her "was appraised at P1,809,569.77" and the aforesaid fees were fixed by the lower court after taking into consideration not only the aforesaid value of the estate but also "the services rendered by her," this Court hereby resolves to deny the pending motion for reconsideration of its resolution dismissing the appeal.


R E S O L U T I O N


DIZON, J.:


Matter before the Court is a motion filed by oppositors-appellants under date of August 21, 1968 praying that we reconsider and set aside our resolution of August 9 of the same year denying their previous motion for reconsideration.

It appears that on July 8, 1968, resolving a motion for a 7th extension of ten days from June 29 to file appellants’ brief, We issued a resolution granting the same but "with warning that no further extension will be given." This last extension, therefore, expired on July 8, 1968.

On July 15, 1968 appellants filed another motion (the 8th) for another extension of five days from the expiration of the previous extension within which to file their brief. It is obvious that this motion for extension was filed seven days after the expiration of the previous extension granted with the warning mentioned above.

By resolution of July 19, 1968, We required appellants to show cause within ten days from notice why their appeal should not be dismissed. The explanation was filed on July 30 of the same year.

It turned out, however, that on July 29, 1968 We denied the last motion for an extension of five days filed by appellants and, as a result, We also dismissed their appeal. As a result, appellants filed on August 5, 1968 a motion for reconsideration praying that our resolution dismissing their appeal be set aside because it was issued before We received the explanation they had filed pursuant to our resolution of July 19, 1968, and alleging further that, had we taken into account the explanation aforesaid, our resolution would probably have been different. After considering the allegations of the motion as well as the explanation already referred to, We denied the former by our resolution of August 9, 1968 which, as stated heretofore, is now the subject of appellants’ pending motion for reconsideration.

After considering all the circumstances of the case, particularly the fact that the motion for an extension of five days filed by appellants on July 15, 1968 was in violation of the warning contained in our resolution of July 8 of the same year and was filed seven days late, and considering further that, at any rate, the dismissed appeal is not meritorious because the P12,000 fees awarded to the executrix would seem to be reasonable considering that the value of the estate administered by her "was appraised at P1,809,569.77" (record on appeal, p. 36) and the aforesaid fees were fixed by the lower court after taking into consideration not only the aforesaid value of the estate but also "the services rendered by her" (Executrix), We hereby resolve to deny the pending motion for reconsideration.

Concepcion, C.J., Reyes, J.B.L., Makalintal, Sanchez, Castro, Angeles and Fernando, JJ., concur.

Zaldivar, J., did not take part.




Back to Home | Back to Main




















chanrobles.com





ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com






September-1968 Jurisprudence                 

  • G.R. No. L-20977 September 7, 1968 - JOAQUIN P. NEMENZO v. BERNABE SABILLANO

  • G.R. No. L-28470 September 19, 1968 - REAL MONASTERIO v. DOMINGO FABIAN, ET AL.

  • G.R. No. L-24498 September 21, 1968 - TANGLAW NG PAGGAWA v. COURT OF INDUSTRIAL RELATIONS, ET AL.

  • G.R. No. L-24687 September 21, 1968 - IN RE: FONG CHOY v. REPUBLIC OF THE PHIL.

  • G.R. No. L-25135 September 21, 1968 - PHILIPPINE MEDICAL ASSOCIATION v. BOARD OF MEDICAL EXAMINERS

  • G.R. No. L-25484 September 21, 1968 - PEOPLE OF THE PHIL. v. SERVILLANO MA. MODESTO, ET AL.

  • G.R. No. L-29417 September 21, 1968 - EDILBERTA P. ANOTA, ET AL. v. EDUARDO BERMUDO, JR., ET AL.

  • G.R. No. L-21303 September 23, 1968 - REPUBLIC BANK v. COURT OF INDUSTRIAL RELATIONS, ET AL.

  • G.R. No. L-21942 September 23, 1968 - ELIZALDE & CO., INC. v. COURT OF INDUSTRIAL RELATIONS, ET AL.

  • G.R. No. L-25791 September 23, 1968 - CARLOS B. GONZALES v. EULOGIO SERRANO

  • G.R. No. L-24833 September 23, 1968 - FIELDMEN’S INSURANCE CO., INC. v. MERCEDES VARGAS VDA. DE SONGCO, ET AL.

  • G.R. No. L-24202 September 23, 1968 - C.A. CHIONG SHIPPING CO., ET AL. v. WORKMEN’S COMPENSATION COMMISSION, ET AL.

  • G.R. No. L-21070 September 23, 1968 - REPUBLIC TELEPHONE CO., INC. v. PHILIPPINE LONG DISTANCE TELEPHONE CO., INC., ET AL.

  • G.R. No. L-21402 September 23, 1968 - NATIONAL POWER CORPORATION v. JOSE ARAÑAS, ET AL.

  • G.R. No. L-24303 September 23, 1968 - BEATRIZ C. ARAGONES, ET AL. v. ABELARDO SUBIDO

  • G.R. No. L-26137 September 23, 1968 - EUGENIO V. VILLANUEVA, JR. v. JOSE R. QUERUBIN

  • G.R. No. L-18010 September 25, 1968 - PEOPLE OF THE PHIL. v. TEOFILO CABILTES, ET AL.

  • G.R. No. L-24656 September 25, 1968 - REPUBLIC OF THE PHIL. v. NUMERIANO C. ESTENZO, ET AL.

  • G.R. No. L-25031 September 25, 1968 - ISIDORO GEVEROLA v. VICENTE N. CUSI, JR., ET AL.

  • G.R. No. L-25379 September 25, 1968 - JOSE L. LACHICA, ET AL. v. JUAN E. YAP

  • G.R. No. L-22733 September 25, 1968 - SALVADOR BENEDICTO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. L-23302 September 25, 1968 - ALEJANDRO RAS v. ESTELA SUA, ET AL.

  • G.R. No. L-25132 September 25, 1968 - FRANCISCO DUQUE v. GAVINA CRUZ, ET AL.

  • G.R. No. L-28927 September 25, 1968 - LAGUNA COLLEGE v. COURT OF INDUSTRIAL RELATIONS, ET AL.

  • G.R. No. L-29193 September 26, 1968 - CIPRIANO P. MALIWANAG v. AMEURFINA MELENCIO-HERRERA

  • G.R. No. L-25531 September 26, 1968 - ELENO T. SANGALANG, SR. v. HUGO H. CAINGAT

  • G.R. No. L-21299 September 27, 1968 - ANSELMA PENDON, ET AL. v. JOSE R. CABATUANDO

  • G.R. No. L-21183 September 27, 1968 - VICTORIAS MILLING, CO., INC. v. MUNICIPALITY OF VICTORIAS

  • G.R. No. L-23991 September 27, 1968 - UNITED SEAMEN’S UNION OF THE PHILIPPINES v. COMPAÑIA MARITIMA, ET AL.

  • G.R. No. L-25222 September 27, 1968 - BESSIE M. GRAY, ET AL. v. VICENTE C. KIUNGCO, ET AL.

  • G.R. No. L-25226 September 27, 1968 - ISABELO PINZA v. TEOFILO ALDOVINO, ET AL.

  • G.R. No. L-25790 September 27, 1968 - JOSE A. GARCIA v. ADELAIDA CRUZ

  • G.R. No. L-28493 September 27, 1968 - AGRIPINA J. VALDEZ, ET AL. v. ESTELA DIZON, ET AL.

  • G.R. No. L-29362 September 27, 1968 - DOMESTIC INSURANCE COMPANY OF THE PHILIPPINES v. REPUBLIC OF THE PHIL.

  • G.R. No. L-23958 September 28, 1968 - EASTERN PAPER MILLS EMPLOYEES ASSOCIATION-NATU v. EASTERN PAPER MILLS, INC., ET AL.

  • G.R. No. L-24489 September 28, 1968 - AUGUSTIN GRACILLA v. COURT OF INDUSTRIAL RELATIONS, ET AL.

  • G.R. No. L-24503 September 28, 1968 - IN RE: LO BENG HA ONG v. REPUBLIC OF THE PHIL.

  • G.R. No. L-24934 September 28, 1968 - J.M. TUASON & CO., INC. v. RAYMUNDO FAMILARA, ET AL.

  • G.R. No. L-25359 September 28, 1968 - ARADA LUMUNGO, JUHURI DAWA, ET AL. v. ASAAD USMAN, ET AL.

  • G.R. No. L-25511 September 28, 1968 - PATRICIO S. CUNANAN v. COURT OF APPEALS, ET AL.

  • G.R. No. L-28246 September 28, 1968 - ROGELIO PUREZA, ET AL. v. ALBERTO AVERIA

  • G.R. No. L-29532 September 28, 1968 - PEOPLE OF THE PHIL. v. MARIANO OANDASAN

  • G.R. No. L-20993 September 28, 1968 - RIZAL LIGHT & ICE CO., INC. v. MUNICIPALITY OF MORONG, RIZAL, ET AL.

  • G.R. No. L-22110 September 28, 1968 - CRISTOBAL MARCOS, ET AL. v. MARIA JESUS DE ERQUIAGA DE BANUVAR, ET AL.

  • G.R. No. L-23312 September 28, 1968 - JULIO GATLABAYAN, ET AL. v. EMILIANO C. RAMIREZ

  • G.R. No. L-23370-71 September 28, 1968 - TERESA FERRER, ET AL. v. CESARIO C. GOLEZ

  • G.R. No. L-23832 September 28, 1968 - PROCESO APOLEGA v. PERSEVERANDA HIZON, ET AL.

  • G.R. No. L-24155 September 28, 1968 - DELFIN SANTOS, ET AL. v. ROBERTO E. CHICO, ET AL.

  • G.R. No. L-25133 September 28, 1968 - JOSE SANTIAGO v. CELSO ALIKPALA, ET AL.

  • G.R. No. L-25361 September 28, 1968 - LEONARDO NAVARRO v. LUIS L. LARDIZABAL, ET AL.

  • G.R. No. L-29026 September 28, 1968 - PANTALEON PACIS v. COMMISSION ON ELECTIONS, ET AL.

  • G.R. No. L-29471 September 28, 1968 - PHILIPPINE ASSOCIATION OF FREE LABOR UNIONS v. JOAQUIN M. SALVADOR, ET AL.

  • G.R. No. L-21544 September 30, 1968 - J.M TUASON & CO., INC. v. ATANACIO MUNAR

  • G.R. No. L-25051 September 30, 1968 - JOSE B. ROXAS, ET AL. v. PEDRO BERMUDEZ, ET AL.

  • G.R. No. L-25150 September 30, 1968 - ANICIA CADIZ v. SECRETARY OF NATIONAL DEFENSE, ET AL.