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

CARLOS MAGPAYO, WILLIAM LIAMA COA, NG WAN, and FELIX MANONGTONG, petitioners, vs. COURT OF APPEALS and PEOPLE OF THE PHILIPPINES, respondents.

G.R. No. L-35966 | 1974-11-19

D E C I S I O N

BARREDO, J:

Petition for certiorari against the Court of Appeals for having allegedly gravely abused its discretion in dismissing their appeal from a judgment of conviction by the Court of First Instance of Nueva Ecija upon the ground that they had failed to file their brief within the reglementary period, the petitioners claiming that their failure was due to lack of proper notice to their counsel of record.

The record shows that from the beginning of Criminal Case No. 121 in the court below, all the four petitioners were represented by Atty. Ceferino E. Dulay. He appeared for all of them at the preliminary...