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Leuterio, petitioner, vs. Court of Appeals, et al

MARIA ALICIA LEUTERIO, petitioner, vs. COURT OF APPEALS and HEIRS OF BENITO LEUTERIO, respondents.

G.R. No. L-35146 | 1977-09-30

D E C I S I O N

TEEHANKEE, J:

The Court sets aside respondent appellate court's split resolution summarily dismissing petitioner's appeal (on the ground that "there is really no showing in the amended record on appeal which is the one elevated to this court that the original record on appeal had been filed within the reglementary period") and remands it for prompt disposition on the merits.

Where it is undisputed and duly shown and made of record in the original record on appeal as filed with the lower court that the notice of appeal, the appeal bond and the record on appeal itself were all timely filed within the original 30 day...