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

FERNANDO TANDOC and DOMINGO TANDOC, petitioners, vs. COURT OF APPEALS, HON. SIXTO A. DOMONDON, Former Judge Court of First Instance of Pangasinan, RUPERTO TANDOC and ISIDORO TANDOC, respondents.

G.R. No. L-39028 | 1974-11-20

D E C I S I O N

TEEHANKEE, J:

The Court sets aside the appellate court's decision sustaining the lower court's declaration of finality of its adverse decision. The Court holds that the lower court acted with grave abuse of discretion in not granting the short extension for the filing of the appeal bond requested by petitioners (which they had asked to be exempted from upon their filing within the original reglementary period of a motion to appeal as paupers together with their notice of appeal and record on appeal) and in denying such extension even after the appeal bond had actually been filed within five days of receipt of its order...