[ G.R. No. L-24873, September 23, 1966 ]
THE SPOUSES BASILISA ROQUE AND FRANCISCO BAUTISTA, ET AL., PLAINTIFFS AND APPELLEES, VS. ARACELI W. VDA. DEL ROSARIO, ET AL., DEFENDANTS, ARACELI W. VDA. DEL ROSARIO, DEFENDANT AND APPELLANT.
R E S O L U T I O N
MAKALINTAL, J.:
It is already the settled rule that the timely perfection of the appeal is a jurisdictional requisite to enable the appellate court to take cognizance of the case. In Government of the Philippines vs. Luis Antonio, et al. G. R. No. L-23736, October 19, 1963, this Court said that "unless the appeal is perfected on time, the appellate court acquires no jurisdiction over the appealed case, and has power only to dismiss the appeal." The case of Santiago v. Valenzuela, 78 Phil. 397, cited by appellant, is different from the present one in that the motion to dismiss the appeal there was filed for the first time in the appellate court; and in any event the ruling laid down therein was subsequently abandoned in the cases of Miranda vs. Guanzon, 92 Phil. 168, (October 27, 1952) and Valdez vs. Acumen, G. R. No. L-13536 (January 29, 1960).
As prayed for, the appeal is dismissed, without pronouncement as to costs.
Concepcion, C.J., Reyes, J.B.L., Barrera, Dizon, Bengzon, J.P., Zaldivar, Sanchez, and Ruiz Castro, JJ., concur.
Regala, J., no part.