LOLLYVIC T. MATE, DON VICENTE LOU T. MATE III AND MARTIN KIM T. MATE BOTH REPRESENTED BY THEIR MOTHER MA. LOLITA T. MATE, PLAINTIFFS-APPELLEES, VS. SARAH O. MATE, DEFENDANT-APPE…

Decisions / Signed Resolutions February 28, 2014 TWENTIETH DIVISION AZCARRAGA-JACOB, J.:
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AZCARRAGA-JACOB, J.:


On 29 August 2013, this Court sent defendant-appellant a Notice to File Brief[1] requiring her to file her appellant’s brief within forty-five (45) days from receipt of said notice. The notice sent to defendant-appellant’s counsel, Atty. Emmanuel C. Tabao, was received by a certain Angeline Pabua on 27 September 2013, as shown in the registry return receipt[2]. Defendant-appellant herself received her notice on 01 October 2013 as also evidenced by the registry return receipt.[3]

Despite defendant-appellant’s and her counsel’s receipt of the said Notice to File Brief and the lapse of a considerable period of time therefrom, she has failed to comply as directed, per the Judicial Record Verification Report[4] dated 28 February 2014.

WHEREFORE, for such non-compliance, and pursuant to Section 3, Rule 42[5] in relation to Section 1(h), Rule 50[6] of the Revised Rules of Court, the instant Petition for Review is hereby DISMISSED.

SO ORDERED.

Hernando, and Quijano-Padilla, JJ., concur.

[1] Rollo, p. 11

[2] Id. at 11 (dorsal portion)

[3] Ibid.

[4] Id. at 56 (dorsal portion)

[5] Rule 42, Sec. 3. Effect of failure to comply with requirements. — The failure of the petitioner to comply with any of the foregoing requirements regarding the payment of the docket and other lawful fees, the deposit for costs, proof of service of the petition, and the contents of and the documents which should accompany the petition shall be sufficient ground for the dismissal thereof. [Emphasis supplied]

[6] Section 1(h), Rule 50, 1997 Rules of Civil Procedure – Grounds for Dismissal of Appeal. – Failure of the appellant to appear at the preliminary conference under Rule 48 or to comply with orders, circulars, or directives of the court without justifiable cause; [Emphasis supplied]

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