Spouses David Bergonia and Luzviminda Castillo v Court of Appeals, G.R. No.

189151, 25 January 2012.

Doctrine: Failure to file an appellant’s brief within the reglementary period is a valid
ground for dismissal. 

In another civil case, RTC rendered judgment adverse to Sps Castillo. Sps Castillo
filed a notice of appeal.

Respondent, Bravo filed a MTD the appeal due to failure to file the appellant’s brief
within 45D granted to them.
CA issued declared the appeal abandoned.
Sps Castillo filed compliance and a MR, alleging that their failure to file their
appellant’s brief was because they were never furnished a copy of CA resolution.
Their counsel filed a manifestation asserting that their law firm had not employee of
De Tomas who was allegedly served the resolution.
CA denied the MR, prompting the Sps Castillo to file a petition for certiorari under
Rule 65.

Was the dismissal proper? YES. The appellants brief was filed beyond the
reglementary period. + their excuse was flimsy and not creditable.

Firstly, The dismissal of the CA was a final order which could be remedied by Rule
45, hence certiorari under 65 was not proper.

But even if Rule 65 was proper, the petition should still be denied. CA’s authority to
dismiss an appeal for failure to file the appellants brief is a matter of judicial
discretion. Thus, a dismissal based on this ground is neither mandatory nor
ministerial.

failure to file the appellants brief is a matter of judicial discretion. Thus, a dismissal
based on this ground is neither mandatory nor ministerial; the fundamentals of
justice and fairness must be observed, bearing in mind the background and web of
circumstances surrounding the case.

Sps Castillow were only able to offer their bare assertion that they and their counsel
did not actually receive a copy of the January 30, 2009 Resolution and that the
person who apparently received the same was not in any way connected with their
counsel. There was no other credible evidence adduced by the petitioners which
would persuade us to exculpate them from the effects of their failure to file their
brief.