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lazaro & Pineda & Viernes vs CA & Alesna

GABRIEL LAZARO and the heirs of FLORENCIA PINEDA and EVA VIERNES, petitioners, vs. COURT OF APPEALS and Spouses JOSE and ANITA ALESNA, respondents.

G.R. No. 137761 | 2000-04-06

D E C I S I O N


PANGANIBAN, J.:

Failure to pay docket and other lawful fees within the prescribed period is a ground for the dismissal of an appeal. This rule cannot be suspended by the mere invocation of "the interest of substantial justice." Procedural rules may be relaxed only in exceptionally meritorious cases.

The Case

Before us is a Petition for Certiorari under Rule 65 assailing two Resolution, dated July 31, 1998 and December 28, 1998, both promulgated by the Court of Appeals1 [Special Thirteenth Division, composed of JJ. Mariano M. Umali (ponente), Romeo J. Callejo Sr. (acting chairman) and Marina L. Buzon (member).] (CA) in...