Republic of the Philippines

Court of Appeals
Cebu City

SPECIAL TWENTIETH DIVISION1

BOB HONTIVEROS, CA-G.R. CV NO. 06939

Petitioner-Appellee,
Members:

INGLES, J., Chairperson,

ABELLA MAXINO, J. &
– versus - LAGURA YAP, JJ.

RIZZA JOY HONTIVEROS

Respondent, Promulgated:
July 30, 2020
REPUBLIC OF THE PHILIPPINES,
Oppositor-Appellant.

RESOLUTION

LAGURA-YAP, J.:

On January 7, 2020, a Notice2 to file brief within forty-

five (45) days from receipt of notice was sent to oppositor-
appellant through the Office of the Solicitor General (OSG).

Upon verification, the Judicial Records Division (CA-JRD)

made a report3 that the OSG failed to comply with the Notice
dated January 7, 2020 as per Cebu Civil docket dated July 30,
2020.

Under Section 7, Rule 44 of the 1997 Rules of Civil

Procedure, provides:

SEC. 7.Appellant’s brief. –It shall be the duty of the

appellant to file with the court, within forty-five (45) days from
receipt of the notice of the clerk that all the evidence, oral and
documentary, are attached to the record, seven (7) copies of
1 Per Office Order No. 07-20-GTI dated May 18, 2020.
2 Rollo, page 26.
3 Rollo, dorsal portion of page 27.
CA-G.R. CV No. 06939 Page 2 of 2
Resolution

his legibly typewritten, mimeographed or printed brief, with

proof of service of two (2) copies thereof upon the appellee.

Also, Section 1, Rule 50 of the 1997 Rules of Civil

Procedure provides:

Section 1. Grounds for dismissal of appeal. - An appeal

may be dismissed by the Court of Appeals, on its own motion
or on that of the appellee, on the following grounds:

xxx xxx xxx xxx

(e) Failure of the appellant to serve and file the required

number of copies of his brief or memorandum within the time
time provided by these Rules;

This Court resolves to dismiss the appeal for failure to

file the appellant's brief.

WHEREFORE, pursuant to Section 7, Rule 44 and

Section 1, Rule 50 of the 1997 Rules of Civil Procedure the
instant appeal is hereby DISMISSED.

SO ORDERED.

ORIGINAL SIGNED
MARILYN B. LAGURA-YAP
Associate Justice

WE CONCUR:

ORIGINAL SIGNED ORIGINAL SIGNED

GABRIEL T. INGLES PAMELA ANN ABELLA MAXINO
Associate Justice Associate Justice