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REPUBLIC OF THE PHILIPPINES

COURT OF APPEALS
SPECIAL ELEVENTH (11TH) DIVISION
MANILA
LUDIVINA V. CONCEPCION,
Plaintiff-Appellees,
-versus-

CA-G.R. No. 103022


RTC Br. 26, Luna, Apayao
Lower Court Case No.
05/01/08
Re: Declaration of Nullity
of Marriage

ELVIN V. CONCEPCION,
Defendant-Appellant.
x--------------------------------------x

MOTION TO DISMISS
Appellee thru counsel and unto this Honorable Court of
Appeals most respectfully submit this Motion to Dismiss and
alleges:
1. That the appellee received the notice to file appellants
brief last May 5, 2015;
2. That it has been more than five (5) months since the
notice to file appellants brief was received by the
appellee;
3. That until now, the appellee had not received the
appellants brief or any pleading from the appellant;
4. That Paragraph (e), Section 1, Rule 50 of the Rules of
Court provides one of the grounds for dismissal of
appeal, to wit:
(e) Failure of the appellant to serve and file the
required number of copies of his brief or memorandum
within the time provided by these Rules;"
5. That the right to appeal is not a natural right and is not
part of due process. It is merely a statutory privilege,
and may be exercised only in accordance with the law.
The party who seeks to avail of the same must comply

with the requirements of the Rules. Failing to do so, the


right to appeal is lost.1
6. Strict compliance with the Rules of Court is
indispensable for the orderly and speedy disposition of
justice. The Rules must be followed, otherwise, they will
become meaningless and useless.2
WHEREFORE, PREMISES CONSIDERED, it is most
respectfully prayed that the Honorable Court of Appeals
order the dismissal of this instant appeal for failure of the
appellant to serve and file the required number of copies of
his brief or memorandum within the time provided by these
Rules.
Plaintiff-appellee likewise prays for other reliefs that are
just and reasonable under the premises.
Aparri, Cagayan for Manila. November 2, 2015.

1 Dimarucot v. People of the Philippines, G.R. No. 183975,


September 20, 2010, 630 SCRA 659
2 Id. at 668-669