Case Digest (G.R. No. 208185)
Facts:
The case titled "Guadalupe de Guia vs. The Court of Appeals, et al." (G.R. No. L-33101) was decided on July 30, 1971. The petitioner, Guadalupe de Guia, appealed a decision from the Court of First Instance of Bulacan which was dismissed by the Court of Appeals in December 1970. The dismissal was prompted by the appellees, who claimed that the Record on Appeal submitted by de Guia did not adhere to the requirements specified in Sections 5, 7, and 9 of Rule 41 of the 1964 Revised Rules of Court. Specifically, the deficiencies noted included the absence of a copy of the order from the trial court that denied de Guia's motion for a new trial, a lack of information regarding the appeal bond's filing, and no evidence showing the trial court's approval of the record on appeal. The Court of Appeals declined to reconsider their decision after de Guia's appeal, leading her to seek redress from the Supreme Court via a petition for c
Case Digest (G.R. No. 208185)
Facts:
- Background of the Case:
- Guadalupe De Guia (petitioner) appealed a decision of the Court of First Instance of Bulacan.
- The Court of Appeals dismissed her appeal on December 1970, based on respondents-appellees' motion.
- Defects in the Record on Appeal:
- The Record on Appeal did not comply with Sections 5, 7, and 9 of Rule 41 of the 1964 Revised Rules of Court.
- Specifically, it lacked:
- A copy of the trial court’s order denying petitioner’s motion for a new trial.
- Any mention of the filing of the appeal bond or the date it was filed.
- A copy of the order approving the Record on Appeal.
- Petitioner’s Argument:
- Petitioner filed a petition for certiorari, alleging abuse of discretion by the Court of Appeals in dismissing her appeal.
- Petitioner’s Belated Effort:
- Petitioner attached a receipt for the appeal bond dated October 17, 1969, to her petition, claiming it was filed within the appeal period.
Issues:
- Whether the Court of Appeals acted correctly in dismissing petitioner’s appeal due to non-compliance with the requirements of Rule 41 of the Revised Rules of Court.
- Whether the belated submission of the appeal bond receipt could cure the defects in the Record on Appeal.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)