NELSON A. REBOLLIDO, PETITIONER-APPELLANT, V. NYMFA A. HERNANDEZ, RESPONDENT-APPELLEE.

Decisions / Signed Resolutions November 22, 2013 SPECIAL THIRD DIVISION BUESER, J.:


BUESER, J.:


On 13 September 2013, this Court’s Judicial Records Division issued a Notice,[1] which required herein petitioner-appellant to submit within forty-five (45) days from notice its Brief.

Thereafter, herein petitioner-appellant through a motion prayed for an extension of thirty (30) within which to file his Appellant’s Brief.[2] Subsequently, this Court, in a Resolution dated 22 November 2013, granted petitioner-appellant’s motion for extension[3].

An astute perusal of the Judicial Records Division Report dated 28 April 2014 reveals that NO Appellant’s Brief has been filed by the counsel for herein appellant.[4]

Thus, Section 1(e), Rule 50 of the Revised Rules of Civil Procedure provides:

“SECTION 1. GROUNDS FOR DISMISSAL OF APPEAL. — AN APPEAL MAY BE DISMISSED BY THE COURT OF APPEALS, ON ITS OWN MOTION OR ON THAT OF THE APPELLEE, ON THE FOLLOWING GROUNDS:

(a) xxx;
(b) xxx;
(c) xxx;
(d) xxx;
(e)
Failure of the appellant to serve and file the required number of copies of his brief or memorandum within the time provided by these Rules;
(f) xxx;
(g) xxx;
(h) xxx; and
(i) xxx. “

WHEREFORE, in view of the foregoing, this Court have no recourse but declare the instant appeal as deemed ABANDONED and perforce DISMISSED, for appellant’s failure to file the required appellant’s Brief pursuant to Section 1 (e), Rule 50 of the 1997 Rules of Civil Procedure.

SO ORDERED.

Zalameda,[*] (Acting Chairperson) and Sempio Diy,[**] JJ., concur.


[*] Vice Justice De Guia-Salvador per Office Order No. 184-14-ABR dated May 5, 2014.

[**] Acting Junior Member per Office Order No. 187-14-ABR dated May 6, 2014.

[1] Rollo, p. 10

[2] Rollo, p. 13

[3] Rollo, p. 16

[4] Id.