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Garbo, Pablo vs. Court of Appeals, et al.

PABLO GARBO, petitioner, vs. HON. COURT OF APPEALS, CIPRIANO GARBO, EUSEBIO GARBO, PEDRO GARBO, MARIANO GARBO, RESTITUTO GARBO, LEONILA GARBO and ANICETA GARBO, respondents.

G.R. No. L-39384 | 1984-06-22

R E S O L U T I O N


MELENCIO-HERRERA, J.:

A Petition assailing the Resolution of the then Court of Appeals in G.R. No. 54862-R, entitled Cipriano Garbo, et al., vs. Pablo Garbo, dated July 3, 1974, which dismissed the latter's appeal on the ground of failure of the Record on Appeal to show on its face that the appeal was perfected on time.

Following the liberalized interpretation and application of the "material data rule", 1 an outright reversal of respondent Court's Resolution is called for. However, there is a related question that has to be resolved, as posed in petitioner's Motion for Reconsideration before the Appellate Court....