This case has been cited 2 times or more.
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2015-08-19 |
VELASCO JR., J. |
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| Under the factual backdrop of this case, We find the failure to file the appeal brief inexcusable. First, the handling lawyer, Atty. Paredes, was undoubtedly at fault. Even with the benefit of two (2) thirty-day (30-day) extensions, counsel, nevertheless, still failed to comply with the CA's directive. Second, petitioner herself was likewise negligent since, as she admitted, Atty. Paredes informed her that the deadline for the second extension was until February 26, 2014.[20] It is then baffling why petitioner took no action to ensure compliance with the CA Notice to file her appellant's brief from the time she followed up the case to the date of the deadline, and even thereafter until the April 28, 2014 Resolution was promulgated. Absolutely nothing appeared to have been done in the interim, not even in terms of noting that no appeal brief had been filed. Thus, the petitioner simply took too long to rectify its mistake; by the time that she acted, it was simply too late.[21] From these circumstances, the CA cannot in any way be said to have erred in dismissing the appeal. | |||||
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2012-01-25 |
REYES, J. |
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| In a long line of cases, this Court has held that the CA's authority to dismiss an appeal for failure to file the appellant's brief is a matter of judicial discretion. Thus, a dismissal based on this ground is neither mandatory nor ministerial; the fundamentals of justice and fairness must be observed, bearing in mind the background and web of circumstances surrounding the case.[18] | |||||