This case has been cited 1 times or more.
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2001-06-06 |
GONZAGA-REYES, J. |
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| At this juncture, it bears stressing that a distinction should be made between the failure to file a notice of appeal within the reglementary period and the failure to file a brief within the period granted by the appellate court. The former results in the failure of the appellate court to acquire jurisdiction over the appealed decision resulting in its becoming final and executory upon failure of the appellant to move for reconsideration. Meanwhile, the latter simply results in the abandonment of the appeal which could lead to its dismissal upon failure to move for its reconsideration, in which case the appealed decision would also become final and executory but prior thereto, the appellate court shall have obtained jurisdiction of the appealed decision.[18] In the case at bar, it is not contended that petitioner failed to perfect its appeal within the reglementary period; it merely failed to filed its appellant's brief within the last extended period accorded to it by the appellate court. In a considerable number of cases, the Court has deemed it fit to suspend its own rules or to exempt a particular case from its operation where the appellant failed to perfect its appeal within the reglementary period, resulting in the appellate court's failure to obtain jurisdiction over the case.[19] Thus, there is more leeway to exempt a case from the strictures of procedural rules when the appellate court has already obtained jurisdiction over the appealed case.[20] | |||||