Back

Guiala vs. Court of Appeals

TEOFILO GUIALA, petitioner, vs. HONORABLE COURT OF APPEALS, PEOPLE'S HOMESITE & HOUSING CORPORATION, ROSA HIZON and DOMINADOR HIZON, respondents.

G.R. No. L-34447 | 1973-06-22

D E C I S I O N

BARREDO, J:

Certiorari against the resolutions of the Court of Appeals in C.A. G. R. No. 48753-R, People's Homesite & Housing Corporation vs. Teofilo Guiala, denying herein petitioner's motion to dismiss the appeal of his adversary, said motion being predicated on the alleged failure of the appellant to comply with the requirement of Section 6 of Rule 41 that the record on appeal should state "such data as will show that the appeal was perfected (taken) on time." 1

On its face, the record on appeal in question shows:

(1) Appellant's notice of appeal dated March 12, 1971 states that the decision was served on appellant...