Republic of the Philippines

Court of Appeals
Cebu City

SPECIAL TWENTIETH DIVISION

HEIRS OF THE LATE CA-G.R. CEB-CV NO. 03388

BASILIO G. MAGNO and
PERPETUA VDA. DE MAGNO, Members:
rep. By its ADMINISTRATRIX
LEAH O. TAPITAN and MA. GARCIA-FERNANDEZ, M. V., Chairperson,
*
HERNANDO, R. P. L., &
LOURDES M. ACEBUCHE, ANTONIO-VALENZUELA, N.G., JJ.
Petitioners,
Promulgated:

13 January 2012
- versus -

THE CITY OF TACLOBAN

rep. By HON. ALFREDO S.
ROMUALDEZ, and the
DEPARTMENT OF
EDUCATION rep. By HON.
SEC. EDILBERTO DE JESUS
and BASPER COMMUNITY
SCHOOL rep. By its SCHOOL
PRINCIPAL ANTONIO
CALESTE,
Respondents.

RESOLUTION

ANTONIO-VALENZUELA, J.:

In the letter dated 2 June 20111, the Court directed the appellant
to file brief within 45 days from notice. Per Registry Return Receipt 2,
* Per Office Order No. 04-12-PAA dated 11 Jan. 2012.
1 C.A. Rollo, p. 40.
2 Id.
CA-G.R. CEB CV. NO. 03388 page 2 of 2
Resolution

counsel for appellant the City of Tacloban, Atty. Sergio C. Sumayod,

received the letter on 4 August 2011.

In appellant City of Tacloban's Motion For Extension of Time To

File Appellant's Brief3, the appellant prayed for 15 days from 18 August
2011, within which to file appellant's brief.

Per Judicial Records Division Report4, no appellants brief has been

filed as of 25 November 2011.

Upon the failure of the appellant to file brief, and pursuant to Rule
50, Section 1 (e) of the Rules of Court, the appeal is DISMISSED.

The appellees' Motion To Dismis Appeal5 is NOTED.

SO ORDERED.

Original Signed
NINA G. ANTONIO-VALENZUELA
Associate Justice

WE CONCUR:

Original Signed Original Signed

MYRA V. GARCIA-FERNANDEZ RAMON PAUL. L. HERNANDO
Associate Justice Associate Justice

3 C.A. Rollo, p. 41.

4 C.A. Rollo. back of p. 48.
5 C.A. Rollo, p. 45.