Back

Celestino vs. Court of Appeals, et al

HEIRS OF CLEMENTE CELESTINO, petitioners, vs. HON. COURT OF APPEALS, ESTANISLAO PAGTAKHAN CARMELITA PAGTAKHAN, HEIRS OF DIONISIO PAGTAKHAN and BASILIO CELESTINO, respondents.

G.R. No. L-38690 | 1975-09-12

D E C I S I O N

AQUINO, J:

The novel issue in this unprecedented certiorari and prohibition case is whether the Court of Appeals, after dismissing an appeal in its resolution of May 2, 1973, because of appellants' failure to file their brief, and after entry of judgment was made and the record was remanded on June 30, 1973 to the lower court, erred in cancelling on March 27, 1974 the entry of judgment, reinstating the appeal, requiring the lower court to return the record to the Court of Appeals and admitting appellants' brief on May 21, 1974 or more than one year after the dismissal of the appeal (CA-G.R. No. 50307-R). The antecedents...