Republic of the Philippines

COURT OF APPEALS
MANILA

SPECIAL FORMER FOURTH (4TH) DIVISION

AHNEX BUILDERS AND CA-G.R. CV No. 109149

READY MIX CORPORATION,
Plaintiff-Appellee, Members:

DIAMANTE, F. N.,
Acting Chairperson,
*
-versus- GARCIA-FERNANDEZ, M., and
DIY, M.E.S., JJ.

BINGZENAYA ENTERPRISES,
Promulgated:
VICTOR L. CARIÑO and
AZUCENA P. QUINDOZA, 02 APR 2019
Defendants-Appellants. __________________________________

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RESOLUTION
DIAMANTE, FRANCHITO N., J.:

Before Us is the Motion for Reconsideration 1 of Our Resolution

dated April 20, 2018 declaring the herein case abandoned and
dismissed and deemed closed and terminated for failure of the
defendants-appellants to file an Appellants' Brief.

After perusing the above Motion, We hereby RESOLVE to

DENY the same as the counsel of the defendants-appellants failed to
present any document or proof to substantiate his allegation that he
*
New Third Member vice Justice J.C. Reyes, Jr. due to his appointment to the Supreme Court per Raffle
dated August 23, 2018.
1
Rollo, pp. 35-37; It is noted that the Rollo with Agendum was forwarded to the ponente by the Division
Clerk of Court only on March 20, 2019. No Comment on defendant-appellants' Motion for
Reconsideration was filed by the plaintiff-appellee, despite due notice, per CA-CMIS Verification Report
dated March 20, 2019; Rollo, p. 49 (dorsal).
CA-G.R. CV No. 109149
Resolution 2
J. Diamante

was most of the time either at their ancestral house, or at the hospital
attending to the needs of his then sick brother, when Our Notice to File
Brief dated August 29, 2017 was supposed to be delivered at his
residence/office on September 22, September 28 and October 13,
2017, respectively. 2 Without any corroborating proof, his bare excuse
for failing to file the required Notice to File Brief due to his non-receipt of
the Notice to File Brief is futile.

SO ORDERED.

FRANCHITO N. DIAMANTE
Associate Justice

WE CONCUR:

MYRA GARCIA-FERNANDEZ MARIA ELISA SEMPIO DIY

Associate Justice Associate Justice

2
Per notation of the on the envelope addressed to defendants-appellants' counsel and Reply to Tracer Re:
Information as to the Copy of the Notice to File Brief; Rollo, pp. 20 & 24.