RICO REX PEREZ, PLAINTIFF-APPELLANT, VS. ALONA KAREN S. CATAMCO, DEFENDANT-APPELLEE.

On October 7, 2014, We issued a Notice to File Brief (NTFB),^[1] directing appellant, thru Atty. Joel L. Villalon, to file his appellant’s brief within forty-five days from receipt thereof.

Registry Return Receipt showed that the notice intended for Atty. Villalon was received by his office last October 27, 2014. Accordingly, the forty-fifth day within the brief should be filed was last December 11, 2014.^[2]

However, as of December 22, 2014, no appellants’ brief was received by this Court despite receipt of said notice.^[3]

Rule 50, Section 1(e) of the 1997 Rules of Civil Procedure, as amended, 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; (emphasis Ours)

Foregoing considered, the instant appeal is hereby DISMISSED.

SO ORDERED.

Librea-Leagogo, C.C., Chairperson and Lazaro-Javier, A.C., Z.T., JJ., concur.

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^[1] Rollo, p. 71

^[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)

^[3] Rollo, See JRD Report dated December 22, 2014, dorsal of p. 71