G.R. No. 76607 - United States of America vs. Guinto

On March 29, 1988, the Republic of the Philippines, through the Office of the Solicitor General (OSG), filed Civil Case No. CEB-6785 in the Regional Trial Court (RTC) of Cebu City, Branch 21, seeking cancellation of miscellaneous sales patents and certificates of title issued to spouses Rodolfo Sy and Belen Sy, Lolita Sy, and spouses Teodorico and Leah Adarna for alleged fraud and misrepresentation.
On October 10, 2007, RTC Branch 21 rendered judgment dismissing the Republic’s complaint, upholding the regularity and validity of the patents and titles. The decision, with no pronouncement as to costs, was received by the Department of Environment and Natural Resources (DENR) Region VII-Legal Division on November 14, 2007 and by the OSG on April 1, 2008.

The Republic filed a notice of appeal on November 23, 2007; the RTC gave it due course on December 4, 2007.
On December 1, 2009, the Court of Appeals (CA) sent a notice to file appellant’s brief to Atty. Ferdinand S. Alberca, Special Counsel of the DENR Region VII-Legal Division (OSG’s deputized counsel). No brief was filed.
On May 6, 2011, the CA dismissed the Republic’s appeal for failure to file a brief; the resolution was received by DENR Region VII on May 17, 2011.
On June 1, 2011, the OSG moved for reconsideration. On September 14, 2011, the CA granted reconsideration and reinstated the appeal, ordering the Republic to file its brief within 45 days. The CA sent this resolution only to DENR Region VII, not to the OSG.

On July 5, 2012, the CA again dismissed the appeal for failure to file the brief; no copy was furnished to the OSG. The decision became final and executory.
On August 21, 2012, the CA entered judgment dismissing the appeal.
On August 20, 2013, the CA declared its July 5, 2012 resolution final and executory. These issuances were not sent to the OSG and were only brought to its attention via DENR’s endorsement on September 27, 2013.

Whether the CA gravely abused its discretion in dismissing the Republic’s appeal for failure to file a brief when the OSG, as counsel of record, was not furnished copies of the CA resolutions reinstating the appeal and setting a new briefing period.
Whether the non-furnishing of those resolutions deprived the Republic of its right to due process.