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[ G.R. No. 134924. February 1, 1999]

TESTATE ESTATE OF THE LATE MODESTA VDA. DE SANTOS, et al. vs. CORAZON CAPATI

FIRST DIVISION

Gentlemen:

Quoted herunder, for your information, is a resolution of this Court dated FEB 1, 1999.

G.R. No. 134924 (Testate Estate of the Late Modesta Vda. de Santos; Onofre Santos, et al. vs. Corazon Capati.)

For consideration is the petition for review on certiorari assailing the two resolutions of the Court of Appeals dated January 22, 1998 and August 4, 1998 which dismissed the appeal for failure of petitioner to file appellant's brief as required by Section 1(e), Rule 50, 1997 Rules of Civil Procedure.

Petitioner avers that the appellate court erred in dismissing the appeal considering that there was an on-going amicable settlement between the parties and said dismissal was made in contravention of justice and unity. The petition is bereft of merit.

Only questions of law and not factual issues may be raised in an appeal under Rule 45 of the Rules of Court (Pacubas vs. Court of Appeals, 188 SCRA 268). For a question to be one of law, the same must not involve an examination of the probative value of the evidence presented by the litigants or any of them (Medina vs. Asistio, Jr., 191 SCRA 218) as the petitioner wants to re-examine the evidence presented. Well-settled is the rule that this Court is not a trier of facts. The Court also takes cognizance of the fact that despite the leniency of the appellate court to grant petitioners 180 days within which to file its appellant-brief, still they failed to do so. We could not give countenance to the deliberate attempt of petitioners to delay the early resolution of this case as well as to their clear scheme to circumvent the Rules of Court.

WHEREFORE, the petition is hereby DENIED and the Court further Resolved to NOTE (a) the Motion for Leave of Court to file Comment on the Petition for Review on Certiorari; (b) Aforesaid Comment; and (c) Notice of Entry of Appearance of Loyola Rodriguez Delos Santos Law Offices, as counsel for petitioners.

Very truly yours.

(Sgd.) VIRGINIA ANCHETA-SORIANO

Clerk of Court

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