VILLAFLORES COLLEGE, INC., REPRESENTED BY MR. HERMENEGILDO C. ZERNA AND/OR MR. ENRICO Z. PILAS, PLAINTIFF-APPELLEE, TERESITA PADA LIMBAGA, DEFENDANT-APPELLANT.

Decisions / Signed Resolutions June 5, 2014 EIGHTEENTH DIVISION LOPEZ, J.:


LOPEZ, J.:


This Court issued a Notice to File Brief[1] dated June 5, 2014 to counsel for defendant-appellant, Atty. Myrna Valderrama-Limbaga who received it on July 1, 2014, as stated in her Motion for Extension of Time to File Appellant’s Brief[2] praying for an extension to file her brief until September 14, 2014 on the ground that she is saddled with other commitments in cases of equal importance.

In a Minute Resolution[3] issued on November 25, 2014, this Court resolved to grant the said motion.

Per Judicial Records Division (JRD) verification report[4] dated January 23, 2015, no appellant’s brief was filed by defendant-appellant.

WHEREFORE, this Court resolves to DISMISS this instant appeal for failure of the defendant-appellant to file and serve the appellants’ brief pursuant to Section 1 (e)[5] and (h)[6], Rule 50 of the 1997 Rules of Civil Procedure.

SO ORDERED.

Ingles, G.T. Chairperson and Lagura-Yap, M.B. JJ., concur


[1] Rollo, p. 28.

[2] Id., p. 29-30.

[3] Id., p. 32.

[4] Id., back of p. 33.

[5] Section 1. Grounds for dismissal of appeal. —An appeal may be dismissed by the court of appeals, on it sown motion or on that of the appellee, on the following grounds: 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; xxx

[6] Id., xxx (h) failure of the appellant to comply with the directives of the court without justifiable cause xxx