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Gregorio, et al vs. Cp, et al.

AVELINO G. GREGORIO and IRENE J. GREGORIO, substituted Appellees for the deceased defendant EUSEBIO GREGORIO, petitioners, vs. COURT OF APPEALS * and CECILIO PANALIGAN, respondents.

G.R. No. L-39393 | 1976-10-29

D E C I S I O N

TEEHANKEE, J:

The petition invoking a rigid application of the material data rule is ordered dismissed and respondent's right of appeal is upheld on the ground of substantial compliance with the rule and on the strength of the now controlling liberal doctrine that the appellate court should properly rely on the trial court's order of approval and determination that the perfection of the appeal was in order, where the correctness and veracity of such determination by the trial court are not impugned or disputed by the adverse party.

In an action for recovery of possession of land with damages filed by respondent Cecilio...