August 2011 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[G.R. No. 197139 : August 24, 2011]
SPS. PRUDENCIA CORSINO AND LEONCIO SUBIAGA v. MARIA D. ESTEBAN AND FLORENCIA ESTEBAN
G.R. No. 197139 (Sps. Prudencia Corsino and Leoncio Subiaga v. Maria D. Esteban and Florencia Esteban).
RESOLUTION
The Court, after a review of the records, resolves to DENY the petition for failure to show that the Court of Appeals (CA) erred in dismissing the appeal, after having been considered abandoned pursuant to Section l(e), Rule 50 of the Revised Rules of Court for failure of petitioners to file their appellants' brief. While petitioners claim that they did not receive the CA's notice to file appellants' brief, the records of the case reveal otherwise. As found by the CA, the CA's notice to file brief was received by petitioners' counsel on July 8, 2010 per Registry Return Receipt bearing the rubber stamp marked "IMS" 8927 and the signature and date of addressee's agent, thus giving them until September 22, 2010 within which to file their brief. However, none was filed within the said time. Consequently, the CA correctly dismissed the appeal.
SO ORDERED.
Very truly yours,
(Sgd.) LUCITA ABJELINA-SORIANO
Division Clerk of Court