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Maqui vs. Court of Appeals

ARISTON MAQUI and GAUDENCIO MAQUI, petitioners, vs. THE HON. COURT OF APPEALS, MARIA MAQUI assisted by her husband VENANCIO CARBONELL, and PEDRO MAQUI, respondents.

G.R. No. L-41609 | 1976-02-24

D E C I S I O N

TEEHANKEE, J:

The Court sets aside respondent court's peremptory dismissal of petitioners' appeal because the typewritten copies of the record on appeal for its use (as already approved by the trial court and elevated to it) were submitted three (3) days beyond the sixty-day reglementary period, although the slight delay was for excusable reasons and respondents-appellees were duly and timely served with their copies of the same and had no cause for complaint.

Petitioners as defendants-appellants timely perfected their appeal from an adverse judgment of the La Union court of first instance in a recovery of possession of...