Case Summary (G.R. No. L-23065)

Dismissal of Appeal for Non-Payment of Docket Fee

• The Court of Appeals dismissed the appeal due to the appellant's failure to pay the docket fee.
• The dismissal was based on the appellant's counsel's failure to claim registered letters containing notices to pay the docket fee.
• Two notices were sent to the counsel's office and received by responsible personnel at the Rural Bank of Daet, Inc., where the counsel's office was located.
• The Court of Appeals did not abuse its discretion in dismissing the appeal.

Attorney's Duty to Ensure Receipt of Notices

• An attorney must adopt a reliable system to ensure the prompt receipt of all judicial notices, especially when not permanently residing at their address of record.
• This duty is essential for maintaining effective communication and representation of clients.

Inadequate Justification for Counsel's Negligence

• Atty. Edmundo A. Narra, the counsel for the petitioner, admitted to not having a regular clerk in his office.
• His claim of being "a small practitioner" was deemed unacceptable as an excuse for failing to receive the notices.
• The presence of responsible personnel at the bank who received the notices undermined his assertion that the notices were not relayed to him.
• The court found the counsel's negligence inexcusable.

Affirmation of Court of Appeals' Resolutions

• The Supreme Court affirmed the resolutions of the Court of Appeals dismissing the appeal and denying motions for reconsideration.
• The ruling emphasized the long-standing principle that attorneys must maintain a system for receiving court notices.
• The case r...continue reading

Case Syllabus (G.R. No. L-23065)

Case Background

• The case revolves around an appeal from the judgment in Civil Case No. 317, wherein Patricio Canela is the plaintiff and Pedro Babala is the defendant.
• The appeal was directed to the Court of Appeals after a judgment was rendered against Babala in the lower court.

Notice of Appeal and Docket Fee

• The Court of Appeals issued a notice via registered mail requiring the defendant to pay the docket fee within 15 days and to file a printed record on appeal within 60 days from the notice.
• The first registry notice was received by Nicolas Lamadrid, a bookkeeper at the Rural Bank of Daet, Inc., on February 13, 1964.
• A second notice was received by Rebecca B. Abilgos, an assistant manager at the same bank, on February 24, 1964.
• Both notices were addressed to Attorney Edmundo A. Narra, the counsel for the defendant, who was reportedly out of the office during both occurrences.

Dismissal of Appeal

• The ...continue reading