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Robert Del Mar vs CA And Norma Ebersole Del Mar

ROBERT DEL MAR, petitioner, vs. COURT OF APPEALS and NORMA EBERSOLE DEL MAR, respondents.

G.R. No. 139008 | 2002-03-13

D E C I S I O N

PANGANIBAN, J.:

The Court of Appeals cannot be faulted with reversible error, much less grave abuse of discretion, for dismissing a petition because petitioner's brief was not filed on time. Indeed, in so doing, the appellate court is merely abiding by the Rules of Court.

The Case

Before us is a Petition for Certiorari and Mandamus under Rule 65 of the Rules of Court, praying for the setting aside of the January 13, 1999[1] and the April 26, 1999[2] Resolutions of the Court of Appeals (CA) in CA-GR CV No. 58804. The first Resolution is worded as follows:

"Upon consideration of the motion to dismiss appeal filed by...