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Monticines, et al. vs. Court of Appeals, et al.

CRESENCIO MONTICINES, PEDRO COMETA and LOPE CORDOVA, petitioners, vs. HON. COURT OF APPEALS and MARCELO CORAL, respondents.

G.R. No. L-35913 | 1973-09-04

D E C I S I O N

FERNANDO, J:
This Court, for obvious reasons, has in the past displayed no hesitancy in denying due course to a petition of this character to set aside an order of dismissal of respondent Court of Appeals for failure of appellants to file their brief. It was not so minded to follow such a practice this time. It did so because all things considered, as will presently appear, there could be a grave abuse of discretion by respondent Court. The challenged order, it was alleged, did not only suffer from the corrosion of substantial legal error, but, what is worse, was also infected with the virus of arbitrariness. It is the due...