JOSE BENEDICTO CAÑADA ET AL., PETITIONERS-APPELLANTS, V. MANILA ELECTRIC COMPANY AND/OR SAN PEDRO BUSINESS CENTER AND MAKATI FOUNDRY, INC., RESPONDENTS-APPELLEES.
BARZA, R. F., J.:
on October 21, 2013, requiring the parties to file their respective
Memoranda within a non-extendible period of thirty (30) days from notice
with a stern warning that failure of appellants to comply with the rule
can be a ground for dismissal of the appeal. Said notice to file
memorandum was received by petitioners-appellants’ counsel, Atty.
Melanio Mauricio, Jr. on November 14, 2013,[2]
thus, making December 14, 2013 as the expiry date of
petitioners-appellants’ period to file their memorandum within thirty
(30) days.
On December 11, 2013, respondent-appellee Manila Electric Company filed its Memorandum.
On January 15, 2014, respondent-appellee Makati Foundry Inc., through counsel, filed a Motion To Admit (Hereto Appended Memorandum for Appellee Makati Foundry Inc.)[3], explaining the delay in the filing of its Memorandum, praying that the instant motion be GRANTED and the appended Memorandum for Appellee be ADMITTED. Enclosed therewith is respondent-appellee Makati Foundry Inc.’s Memorandum.[4]
As per Report[5] of the Judicial Record Division (JRD) dated February 10, 2014, no Memorandum has been filed by petitioners-appellants.
Considering the failure of petitioners-appellants to file the
required Memorandum within the reglementary period which expired last
December 14, 2013, We consider them to have abandoned the filing
thereof.
WHEREFORE, in view of the foregoing, the instant petition is hereby DISMISSED pursuant to Sec. 10, Rule 44 of the Revised Rules of Court.
The Memorandum filed by respondent-appellee Manila Electric
Company on December 11, 2013 and respondent-appellee Makati Foundry
Inc.’s Memorandum filed on January 15, 2014 are merely NOTED by this Court.
SO ORDERED.
Abdulwahid (Chairperson) and Cruz, JJ., concur.
[1] Rollo, p. 24
[2] Ibid., p. 57.
[3] Ibid., pp. 59-61.
[4] Ibid., pp. 62-82.
[5] Ibid., p. 95 (dorsal portion).