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Andaya vs. Court of Appeals

ISABEL ANDAYA, petitioner, vs. THE COURT OF APPEALS and BENEDICTO RAMOS, respondents.

G.R. No. L-37124 | 1976-05-05

D E C I S I O N

TEEHANKEE, J:

The Court sets aside respondent court's dismissal of petitioner's appeal and remands it for prompt disposition on the merits on the strength of controlling jurisprudence adopting the liberal and realistic position that where the fact of due and timely perfection of the appeal is stated in the trial court's order approving the record on appeal and the correctness and veracity of such finding are not impugned or disputed by the adverse party, the appellate court should properly rely on the same and let the appeal take its due course.

Respondent Court of Appeals upon motion of private respondent Benedicto...