AGNES VILLARIN POSON, PETITIONER, VS. JESS A. POSON, RESPONDENT.

Decisions / Signed Resolutions TWENTIETH DIVISION QUIJANO-PADILLA, J.:


QUIJANO-PADILLA, J.:


On June 25, 2014, this Court issued a Minute Resolution[1] directing this Court’s Judicial Records Division-Civil Cases Section to issue the appropriate Notice to File Brief to the parties concerned with the completion of the records.

On July 31, 2014, Records Officer Abdul M. Amer issued a Notice to file Brief to Atty. Linda Susan C. Baring, Jess A. Poson and to the Office of the Solicitor General.

Atty. Baring received the notice on September 15, 2014 as shown on the Registry Return Receipt.[2] However, on November 24, 2014 report of the Judicial Records Division of this Court, no appellant’s brief was filed.[3]

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.

An appealing party must strictly comply with the requisites laid down in the Rules of Court since the right to appeal is a purely statutory right.[4]

WHEREFORE, premises considered the instant appeal is hereby DISMISSED and WITHDRAWN from the docket of active cases of this Court pursuant to Section 1(e), Rule 505 of the Rules of Court.

SO ORDERED.

Hernando, J., Chairperson, and Azcarraga-Jacob, JJ., concur.


[1] Rollo, p. 26

[2] Rollo, p. 27 (dorsal portion)

[3] Rollo, p. 30 (dorsal portion)

[4] Pineda v. Arcalas, G.R. No. 170172, November 23, 2007

[5] Section 1. Grounds for dismissal of appeal.- An appeal may be dismissed by the Court of Appeals, on its own motion or that of the appellee, on the following grounds:

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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;

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