Title
Andaya vs. Court of Appeals
Case
G.R. No. L-37124
Decision Date
May 5, 1976
Petitioner appealed a dismissed case due to a missing 15-day extension in the Record on Appeal. Supreme Court ruled for a liberal application of the material data rule, remanding the case for merits.
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Case Digest (G.R. No. L-37124)

Facts:

  1. Background of the Case:

    • Petitioner Isabel Andaya appealed a decision from the Court of First Instance of Bulacan.
    • Private respondent Benedicto Ramos (plaintiff-appellee) filed a motion to dismiss the appeal, which was granted by the Court of Appeals.
  2. Timeline of Events:

    • Petitioner’s counsel received the trial court’s decision on September 4, 1972.
    • On October 19, 1972, petitioner filed a motion for new trial.
    • On December 19, 1972, petitioner received the trial court’s order denying her motion for reconsideration and filed her notice of appeal and appeal bond on the same day.
  3. Record on Appeal Issues:

    • The Record on Appeal did not include the 15-day extension granted by the trial court for filing the motion for reconsideration.
    • The trial court approved the Record on Appeal on February 2, 1973, after corrections were made.
  4. Court of Appeals’ Decision:

    • The Court of Appeals dismissed the appeal, ruling that the notice of appeal and appeal bond were filed too late, as the motion for reconsideration was filed on the 45th day from receipt of the decision.
  5. Petitioner’s Argument:

    • Petitioner argued that she had timely moved for and was granted a 15-day extension to file her motion for reconsideration, but this was not reflected in the Record on Appeal.
  6. Trial Court’s Approval of Record on Appeal:

    • The trial court approved the Record on Appeal, finding it to be in order, and noted that respondent did not object to its approval.

Issue:

  1. Whether the Court of Appeals erred in dismissing petitioner’s appeal based on the non-inclusion of the 15-day extension in the Record on Appeal.
  2. Whether the trial court’s approval of the Record on Appeal, which declared it timely filed, should be relied upon by the appellate court.
  3. Whether the material data rule should be applied rigidly or liberally in this case.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)


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