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FIRST DIVISION

G.R. No. L-45155 August 26, 1977

PRUDENTIAL CONSTRUCTION, INC., Petitioner, vs. HONORABLE COURT OF APPEALS and MABUHAY INSURANCE AND GUARANTY CO., INC., Respondents.

MAKASIAR, J.: chanrobles virtual law library

On May 28, 1976, respondent Court of Appeals granted private respondent as defendant-appellant an extension of ninety (90) days from May 22, 1976 within which to file appellant's brief "with a warning that no further extension will be granted." chanrobles virtual law library

However, on August 23, 1976, private respondent was given an additional extension of fifteen (15) days from August 20, 1976 within which to file appellant's brief.chanroblesvirtualawlibrarychanrobles virtual law library

Appellant's brief was actually filed on September 4, 1976. Twenty-six (26) days thereafter, or on September 30, 1976, respondent Court of Appeals issued the following resolution:

No appellee's brief having been filed within the reglementary period, the Court RESOLVED TO SUBMIT the case for decision without appellee's brief.

which was received on October 7, 1976 by herein petitioner, who filed on October 25, 1976 a motion for reconsideration of said resolution, which motion was denied on November 5, 1976.chanroblesvirtualawlibrarychanrobles virtual law library

Under Section 11 of Rule 46 of the Revised Rules of Court, private respondent, as appellant, had an initial period of forty-five (45) days within which to file its brief. And the first extensive on of ninety (90) days and the additional extension of fifteen 15 days, private respondent was given a total of one hundred fifty (150) days or five (5) months within which to file its brief.chanroblesvirtualawlibrarychanrobles virtual law library

Under Section 7 of Republic Act No. 5434 - which is not shown to be applicable to the case at bar as this law refers to appeals from the Court of Agrarian Relations, Secretary of Labor, Land Registration Commission, the Securities and Exchange Commission, Social Security Commission. Civil ion Aeronautics Board, the Patent Office, and the Agricultural Inventions Board - appellant had only thirty (80) days as its initial Period within which to file its brief and was given actually one hundred thirty-five (135) days or about four months and a half within which to file its brief, after adding thereto the two extensions of ninety days and fifteen days respectively.chanroblesvirtualawlibrarychanrobles virtual law library

With the record not showing that petitioner-appellee received a copy of appellant's brief, the respondent Court of A resolved to consider the case as submitted on the erroneous impression that petitioner as appellee, failed to file its brief within the reglementary period, twenty six (26) days from the filing of appellant's brief. The grave injustice inflicted on petitioner as appellee, is thus patent, which was aggravated by, the denial of appellee's motion for reconsideration of respondent Court's resolution of September 30, 1976, despite the fact that petitioner specified in its motion for reconsideration that appellant's brief was filed on September 4, 1976 and that it had not received copies of appellant's bride as of October 26, 1976 when it filed its motion for reconsideration. The Court of Appeals acted with precipitate haste and hereby committed a grave abuse of discretion.chanroblesvirtualawlibrarychanrobles virtual law library

WHEREFORE, THE ORDERS DATED SEPTEMBER 30, 1976 AND NOVEMBER 5, 1976 ARE HEREBY SET ASIDE AND RESPONDENT COURT OF APPEALS IS HEREBY DIRECTED TO GRANT TO HEREIN PETITIONER THE PERIOD ALLOWED BY THE RULES WITHIN WHICH TO FILE APPELLEE'S BRIEF. NO COSTS.chanroblesvirtualawlibrarychanrobles virtual law library

SO ORDERED.