G.R. No. 18018. September 26, 1961
ESPERANZA ESPIRITU ET AL., PETITIONERS, VS. FRANCISCO VALERIO, RESPONDENT.
DIZON, J.:
sent by registered mail to Atty. C. Navi Busto, counsel for appelle,
the required number of copies of appellants’ brief, addressed at Sison,
Pangasinan, which was the last known residence of said counsel
appearing of record. The registered matter, however, was returned by
the postmaster of Sison to the mailing post-office of Lingayen,
Pangasinan, marked “Unclaimed,” It also appears that before it was
forwarded back to Lingayen, the registered package was forwarded by the
Sison post-office to Manila, particularly to 3040 Rizal Avenue,
supposed to be the address of attorney Busto in said city.
We now have before us a verified petition subscribed by Atty. Busto
in which he states that he had received no service of the brief of
appellants and that it was only on August 1, 1961 that a copy thereof
came into his hands; that the reason for his failure to receive
appellants’ brief was that in 1961 he had transferred his residence
from Sison, Pangasinan, to Calapan, Mindoro Oriental; that upon
discovery that appellants had already filed their brief he immediately
filed the petition under consideration praying that he be given a
period of twenty days from notice to file appellee’s brief.
There is no question that appellee’s counsel was negligent in not
making of record his new address; but considering that he represents
appellee, and that no substantial prejudice may be caused to appellants
by allowing the filing of appellee’s brief, the petition under
consideration is hereby granted, with a warning that a repetition of
such negligent act will be dealt with more severely in the future. It
is so ordered.
Bengzon, C. J., Padilla, Labrador, Concepcion, Reyes, J. B. L., Paredes, and De Leon, JJ., concur.