G.R. No. L-38134 - Aznar vs. Court of Appeals

Logging operators Jesus R. Aznar and Aurora Timber Industries Corporation are the petitioners.
Ong Brothers Lumber Co., Inc. is the respondent.
Ong Brothers accused the petitioners of encroaching upon their timber concession and removing wood or timber products.
Ong Brothers filed a suit in the Court of First Instance of Aurora Subprovince to restrain the petitioners from entering their concession and to seek damages.
The trial court issued a temporary restraining order and eventually rendered a decision on May 30, 1970, making the restraining order permanent and ordering the petitioners to pay damages and costs.
The petitioners received the trial court's decision on June 9, 1970.
The petitioners filed their notice of appeal and appeal bond on July 2, 1970.
The record on appeal was filed on July 6, 1970.
On January 21, 1971, the trial court approved the "amended record on appeal" and elevated the records to the appellate court.

The non-inclusion of the order in question and the date of receipt of the order in the record on appeal does not warrant dismissal of the appeal.
The appellate court may properly rely on the trial...(Unlock)

The court based its decision on the "material data rule" in Section 6, Rule 41 of the Revised Rules of Court.
The rule states that if the trial court finds and declares in its order of approval of a record on appeal that it was filed on time or within the reglementary period, and the correctness, accuracy, and veracity of such finding are not disputed by the adverse party, the non-inclusion of a motion or order in the record on appeal does not warrant dismissal of the appeal.
The appellate court can rely on the trial court's order of approval and determination of the timeliness of the appeal.
The mere absence of a formal order granting the motion for extension of time to file the record on appeal should not be fatal to the petitioner if the record on appeal filed within the requested extension per...continue reading