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J. M. Tuason & Co., Inc., Et Al. Vs. Feliciano De La Cruz 092 Phil 832

J. M. TUASON & CO., INC., represented by its managing partner, GREGORIO ARANETA, INC., plaintiff-appellee, vs. FELICIANO DE LA CRUZ, defendant-appellant.

G.R. No. L-4883 | 1953-03-25

D E C I S I O N


BENGZON, J.:

On April 14, 1950, judgment in this case was rendered by the Court of First Instance of Quezon City in favor of the plaintiff. On June 23, 1950, the defendant presented his "Record on Appeal", "Notice of Appeal" and "Motion for Extension of Time to File Appeal Bond". On June 24, 1950 the Court denied the appeal on the ground that it was untimely. On or about June 28, 1950, copy of the denial order was served on plaintiff's attorney of record, Antonio Barredo.

On November 20, 1950, Feliciano de la Cruz, thru new counsel, requested for relief under Rule 38, asserting that his failure seasonably to appeal was...