Case Digest (G.R. No. L-31018)
Facts:
- Petitioners: Lorenzo Velasco and Socorro J. Velasco.
- Respondents: Honorable Court of Appeals and Magdalena Estate, Inc.
- Petitioners filed a complaint in the Court of First Instance of Quezon City (Civil Case No. 7761) to compel Magdalena Estate, Inc. to perform under an alleged deed of sale for residential land.
- On November 3, 1968, the Court of First Instance dismissed the complaint, stating the purchase and sale agreement was not perfected.
- Petitioners appealed to the Court of Appeals on November 18, 1968, receiving a notice to submit their printed record on appeal by January 17, 1969.
- Petitioners claimed to have sent a "Motion for Extension of Time to File Printed Record on Appeal" via registered mail on January 15, 1969, due to mechanical failures at the printing press.
- The printed record was filed on February 10, 1969.
- Respondent filed a motion to dismiss the appeal on February 8, 1969, citing late filing of the record.
- The Court of Appeals initially denied the motion to dismiss on February 25, 1969, granting the extension.
- On June 28, 1969, the Court of Appeals dismissed the appeal for late filing and initiated disciplinary actions against the petitioners' counsel and mailing clerk for alleged deceit.
Issue:
- (Unlock)
Ruling:
- The Supreme Court upheld the dismissal of the petitioners' appeal by the Court of Appeals.
- The Court found that the motion for extension was not mailed on January 15, 1969, as claimed by the petitioners.
- The Court aff...(Unlock)
Ratio:
- The Supreme Court reasoned that the Court of Appeals did not exhibit grave abuse of discretion in dismissing the appeal.
- The failure to file the printed record on appeal within the required period was deemed a serious procedural lapse.
- Certifica...continue reading
Case Digest (G.R. No. L-31018)
Facts:
The case involves Lorenzo Velasco and Socorro J. Velasco (the petitioners) against the Honorable Court of Appeals and Magdalena Estate, Inc. (the respondents). The events leading to this case began with a complaint filed by the petitioners in the Court of First Instance of Quezon City, which was assigned Civil Case No. 7761. The petitioners sought to compel the respondent, Magdalena Estate, Inc., to perform a specific act under an alleged deed of sale for a parcel of residential land. On November 3, 1968, the Court of First Instance dismissed the petitioners' complaint, ruling that the alleged purchase and sale agreement was not perfected. Following this, the petitioners filed an appeal to the Court of Appeals on November 18, 1968, and received a notice requiring them to submit their printed record on appeal within sixty days, which was due by January 17, 1969.
On January 15, 1969, the petitioners claimed to have sent a "Motion for Extension of Time to File Printed Record on Appeal" via registered mail, citing mechanical failures at the printing press as the reason for the delay. However, the printed record was only filed on February 10, 1969. The respondent filed a motion to dismiss the appeal on February 8, 1969, arguing that the petitioners failed to file their record on time. The Court of Appeals initially denied this motion on February 25, 1969, granting the petitioners' motion for extension. ...