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

EULALIA ALFONSO and MARIO MABABANGLOOB, petitioners, vs. HON. COURT OF APPEALS, ** AMADO C. DIZON and PACIENCIA DIZON, respondents.

G.R. No. L-37068 | 1974-07-18

D E C I S I O N

TEEHANKEE, J:

The Court sets aside the appellate court's dismissal of petitioner's appeal on the ground that although the printed record on appeal does not show that petitioners had in fact timely filed such appeal bond in postal money order, such fact is to be determined from an examination of the original (not the printed record on appeal with its inadvertent errors and omissions) record on appeal as forwarded to the appellate court. Here, such examination has readily shown that the actual fact of timely filing of the appeal bond is shown on the face of the original notice of appeal which were both timely filed with the...