RYAN PATRICK R. TESORO, PETITIONER-APPELLANT, VS. MARIA CARMELA VILLARINO-TESORO, RESPONDENT-APPELLEE.
DIAMANTE, J.:
At this juncture, it is noteworthy to mention that when We forwarded Our July 30, 2014 correspondence to the known address of petitioner-appellant requiring him, among others, to file his Appellant’s Brief in accordance with Rule 44, Section 7 of the 1997 Rules of Civil Procedure, the same was returned to this Court with notation “RTS-unknown no such number.[4]” It bears stressing also that although a copy of the aforementioned correspondence was received by Atty. Edwin M. Joyas, appellant’s counsel, as depicted in the Registry Return Card,[5] no Appellant’s Brief had been filed up to now based on the Judicial Records Division Verification Report.[6]
The failure to file the Appellant’s Brief, though not jurisdictional, results in the abandonment of the appeal which may be the cause for its dismissal, as aptly enunciated in Beatingo vs. Gasis.[7] We must emphasize that the right to appeal is not a natural right but a statutory privilege, and it may be exercised only in the manner and in accordance with the provisions of law.[8]
IN LIGHT OF THE FOREGOING, the instant appeal is now deemed ABANDONED. Accordingly, this case is hereby DISMISSED pursuant to Section 1 (e), Rule 50 of the Revised Rules of Court and is considered CLOSED and TERMINATED.
SO ORDERED.
Librea-Leagogo, (Chairperson), and Sadang, JJ., concur.
[1] Rollo, pp. 11-20.
[2] Id. at 21-22.
[3] Id. at 23.
[4] Id. at 29.
[5] Id. at 27 (dorsal).
[6] Id. at 28 (dorsal).
[7] G.R. No. 179641, February 9, 2011.
[8] Id.