PERLA S. MAPALO, PLAINTIFF-APPELLEE, VS. SPS. JESSIE BALIGAD AND ESTER BALIGAD, DEFENDANTS-APPELLANTS.

Decisions / Signed Resolutions May 16, 2014 TWELFTH DIVISION


SALANDANAN-MANAHAN, J.:[*]


On 30 April 2014, the Judicial Records Division (JRD) of this Court issued a Notice to File Brief[1]. On 26 June 2014, the defendants-appellants filed a Motion for Extension of Time to File Appellant’s Brief[2] requesting for an additional period of thirty (30) days from 28 June 2014 or until 28 July 2014 within which to file the appellant’s brief.

Despite its grant[3], the appellants failed to file their brief within the extended period per 15 October 2014 JRD Report[4]. The instant appeal is now dismissible pursuant to Section 1 (e) Rule 50 of the 1997 Rules of Civil Procedure, which states:

“SECTION 1. Grounds for the 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:

x x x

(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 added.)

ACCORDINGLY, the instant Appeal which elevated for review the 24 July 2013 Decision of the Regional Trial Court, Branch 12, Sanchez Mira, Cagayan in Civil Cases Nos. 2786-S and 2818-S is hereby DISMISSED.

SO ORDERED.

Dimaampao, (Chairperson), and Ybañez, JJ., concur.


[*] Ponente’s Initial Case Load per raffle dated 16 May 2014.

[1] Id., P. 34.

[2] Id., P. 35.

[3] Id., P. 38. 25 July 2014 Resolution granting the Motion for Extension of Time.

[4] Id., P. 38, dorsal portion.