‘ar ee icin Gard
wn wi i iim
crit leditienk
Marion P. Bosantog
REPUBLIC OF THE. PHILIPPINES,
represented by the tment of
Public Works and H),
Plaintiff: Appellant,
|
| versus =
i} ||}
Spouses FELICIANO: 1 FRANCISCO
and FLORDELIZA M. Banciso,
Defendants- Appellees.
tL
alte
Sir/Madam: }
attached, was rendered by the FOR
above-entitled case, the
‘You are hereby required to inform this
date when you received this notice and copy of the
Copy furnished:
Office of the Solicitor nea reg, w/c
(for plaintifF-appeilamty
134 Amorsolo St, Legaspl Vilage
1229 Makati City
‘Atty, Napoleon F, Segundera, Jf - reg. w/ ro
(for defendant-appelee) |)
ANDEZA & SEGUNDERA LAW OFFICE
Room 307, Golden Sun Bidz. Il
No. 29 Mindanao Ave, Brgy. Pag-asa
1100 Quezon City |
‘The Hon. Presiding Judge — reg. w/ re
RTC-Branch 269
1440 Valenzuela City
abu |
ao er the ara
ear
i
I of which is on file in this office.
ON, a copy of which is hereto
fof the Court of Appeals In the
days from receipt hereof of the
|
|
Very thuly yours, |
Cee Manriez |
Clerk of'Court
within five (5)
solution.Forurr Six
F THI
rep! ase th
TP iblic Woi i an
Plainitl- Appeltam,
REPUBLIC,
PHILIPPIN
Department
Highways (
FV NO. 105757
| CHAIRPERSON,
GALIACOB, AT.
1
Spouses ELICIANO. |
FRANCISCt I FLORDELL 19 JAN noe, y
M. FRANCIS
fenduntsAppellees:
RESOL TION
AZCARRAGA-JACOB, J.
On 26 July|2016, a Resolution! was issied Hy the Court dismissing the
instant appeallonlthe glound of failuyH to file an pellan’s brief with the
extended peria
Rollo. p. 29-40On 24 fideration® was filed by
appellant Office stating that prior tq the
receipt of the led a Manifestation\and
Motion for Lek for Plaintiff-Appellant on
11 Augus its Appellant's Brief “in
|
the interest of sul
festation and Motion for
Appellant’ was Filed on
8 August 2016.
Contrary to
Leave of Couit ta)
11 August 2016.
Setting | no merit in the ingtant
Motion for ee
The OSt 5 appeal on the bass of
the follow ina
Twas) ht and inadvertence.
the recon 6 by/the administrative
staff. and the among those filed on |)
May 18, 201 }
I is it issue in this case is
imbued wil ft seeks 10 avoid the
pending Jos valuation of the just
compensation fated for a national
goverment ied)
d to file its Brief on 18
5 receipt of the Caurt's
moved for an extension
i] 18 April 2016, within
jay extension through a
February 2016,
Notice to File) Bi
of sixty (60) ¢aj
which to. its
Tid. pp, 63.06,
thi p
til 1
tipGR CVNO 109797
prayed for in its Re
further extensi¢
The petiod
Almost another
ignored the warni
extension prayed
Ie was only
18 August 2016) when a Brief wa
deadline on 18 February 2016, six (
the OSG finally filed its Brief.
Surely,
and inadvertenet ili
and equity”
OSG. if
‘The |Coutt| a
herein. These
| International,
different fact
only. for
filed. In Tian
by the reorg
“the #etireme
from one dep
GR.No.
Bhemt 2012
G.R./No. 133 1”
im 20
i
‘three (3) months k
in
il 2016 to 18 May
nr the extengion
nst
Paye 3 0°
defdline, the OSG filed
at's Brief, prayi
rahted OSG the sedond
r from the Second extension, or | on
ing it from the original
months (01 180) day's) elapsed before
Marketing
v
B
these caseh cited by appellant
‘ernational, |the appeal-brief was|filed
en
i
lain of “sheer overgight
f “in the inferest of substantial justice
ality in favor of the
1
OSG to be inappligable
agis
ave
sion
i
din
, cases and perspnnel
and dissolutign ofother depurtmen
i |
In the a) i
ninety (90) days whi
filed within Lil: se
(3) months fro
[Po
because
substantiy
only for the
relieve a litig&pt of an injustice not ee
thoughtlessness in not complying wit
as the oft quoted quip would put it, the cent aie
of subst stice” is not « magic wand that wil
this Court to suspend procedural rules."
WHEREF
Reconsiderati
Further
was filed by
appellees.
Heneef
Fudalan Sp
ENGR, CV NO, 108999
it
In the al
questioned Re
Republic's Motion should be denied.
the appellees) sl
eal ith the de
ion dated 26 July 2016 may
sidered, re _ instant
consisting of a total
the OSG,
ir dismissed simply
rejidice to a party's ff
be followed except
may be relaxed to
n the interest
utginatically compel |
no brief y
€ of his
ote compelling |ground to egnvince the Court thal the
eyersed or modified, the
Motion | for
, the Court NOT! ly that a Nokice of Change of Address
fice, the counsel for the
ur processes intend Foraye gue
Saw > us ey mpg pe stay “Cy m
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