ELENA HERRERA-REGALA, PLAINTIFF-APPELLANT, VS. AIDO & DOLORES MEDINA, DEFENDANTS-APPELLEES.

On September 1, 2014, We issued a Notice to File Brief (Notice)^[1], directing appellant, thru counsel Atty. Tomas Timbancaya, to file her appellant’s brief within forty-five days from receipt thereof.

Registry Return Receipt showed that the said Notice intended for Atty. Timbancaya was received by his office last September 17, 2014 by a certain Mendoza (first name unreadable). Accordingly, the forty-fifth day within which the brief should have been filed was last November 1, 2014.^[2]

However, as per report of the Judicial Records Division (JRD) dated January 22, 2015, no appellants’ brief was received by this Court despite receipt of said notice as of even date.^[3]

It must be emphasized that Rule 50, Section 1(e) of the 1997 Rules of Civil Procedure, instructs and states:

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) xxxx
(b) xxxx
(c) xxxx
(d) xxxx
(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;
xxxxx

(Emphasis Ours)

Foregoing considered, the instant appeal is hereby DISMISSED.

SO ORDERED.

Punzalan Castillo, M.P., Chairperson and Macalino, F.S., JJ., concur.

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^[1] Rollo, p. 49

^[2] Rule 22, Section 1. How to compute time. — In computing any period of time prescribed or allowed by these Rules, or by order of the court, or by any applicable statute, the day of the act or event from which the designated period of time begins to run is to be excluded and the date of performance included. If the last day of the period, as thus computed, falls on a Saturday a Sunday, or a legal holiday in the place where the court sits, the time shall not run until the next working day. (a)

Thus the last day for the appellant to file her brief was last November 3, 2014. (Ours)

^[3] Rollo, See JRD Report dated January 22, 2015, dorsal of p. 49