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Joseph Dorman D. Tamayo, et al. vs. Jose D. Tamayo, Jr., et al.

JOSEPH DORMAN D. TAMAYO, LAUREANA D. TAMAYO and LINAFLOR D. TAMAYO, Petitioners, versus JOSE D. TAMAYO, JR., FLORITS TAMAYO-MAGNO, LUZMINDA TAMAYO-ANTHONY and FORTUNA TAMAYO-ENRIQUEZ, Respondents.

G.R. No. 148482 | 2005-08-12

THIRD DIVISION

D E C I S I O N 

SANDOVAL-GUTIERREZ, J.: 

For our resolution is the instant petition for review on certiorari under Rule 45 of the 1997 Rules of Court, as amended, assailing the (a) Resolution[1] dated April 5, 2001 of the Court of Appeals in CA-G.R. CV No. UDK-6185 dismissing petitioners' appeal for their failure to pay the docket and other lawful fees; and (b) Resolution dated June 8, 2001 denying their motion for reconsideration, thus: 

"The failure of the appellants to pay the appellate docket fee within the period to perfect the appeal is fatal. This Court cannot accept the excuse proffered by appellants in...