ChanRobles Virtual law Library

[G.R. No. 135862. December 12, 2000]

PEOPLE vs. RAFAEL PRINCIPE y MOLINA

EN BANC

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated DEC 12 2000.

G.R. No. 135862 (People of the Philippines vs. Rafael Principe y Molina.)

For consideration of the Court are appellee's Motion to Admit (Appellee's Brief) With Apologies and the aforesaid Brief, both filed on November 7, 2000. The brief was due on November 2, 2000 per resolution dated September 5, 2000 of the Court granting the Office of the Solicitor General an extension of 90 days within which to file the appellee's brief. Assistant Solicitor General Nestor J. Ballcillo explains that the delay was due to the fact that the Solicitor handling the case had resigned, and he had to take over in the preparation of the brief.

Under Supreme Court Circular A.M. No. 99-2-03, the OSG may request for a second extension of twenty (20) days after the expiration of the first 90-day extension within which to file the appellee's brief. Such request may be granted for compelling reasons. In this case, the extension of 90 days granted to the OSG had expired but, without asking for further extension, the Solicitor General's Office simply asks that its brief for the appellee. Be admitted. This is improper. If the appellee's brief could not be filed within the extended period of 90 days earlier granted the OSG because the unnamed solicitor in charge of the preparation of the brief allegedly resigned, the proper procedure would have been for the OSG to request for a second extension. As it is, with the first extension having expired, there is no longer any period to be extended further.

The fact that the OSG has to meet many of its deadlines is not an excuse for failure to file pleadings on time. That is precisely why the Court grants an extra period of grace in meritorious cases. Nonetheless, the Court will exercise liberality in this instance and the motion will be granted in view of the important public interest involved in criminal cases.

WHEREFORE, the Court RESOLVED to GRANT the Solicitor General's motion and to admit the appellee's brief attached to it. Assistant Solicitor General Nestor J. Ballacillo is ADMONISHED and WARNED that repetition of similar acts would be dealt with more severely.

Very truly yours,

LUZVIMINDA D. PUNO

Clerk of Court

(Sgd.) MA. LUISA D. VILLARAMA

Asst. Clerk of Court

Back to Home | Back to Main

CLICK HERE FOR THE LATEST SUPREME COURT JURISPRUDENCE