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Tambunting vs. Court of Appeals

JOSE P. TAMBUNTING and JOSEFINA ARNAIZ, petitioners, vs. THE HON. COURT OF APPEALS, FRANCISCO PARULAN, Sr., FELISA DE LA CRUZ and FRANCISCO PARULAN, Jr., respondents.

G.R. No. L-40768 | 1976-02-27

D E C I S I O N

TEEHANKEE, J:

The Court reverses respondent court's dismissal of petitioners' appeal and remands it for prompt disposition on the merits on the strength of controlling jurisprudence that the trial court's approval of the record on appeal carries with it the approval of the motion for extension notwithstanding the absence or non-inclusion of an order granting such extension and that the appellate court may properly rely on the trial court's order of approval of the record on appeal and express finding therein of its timeliness where the factual correctness and veracity of such finding are not impugned or disputed by the...