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Valera vs. CA (4th division), et al.

CELSO VALERA, petitioner, vs. THE HONORABLE COURT OF APPEALS (FOURTH DIVISION), ADORACION VALERA DE BRINGAS and ROMEO R. BRINGAS, respondents.

G.R. No. L-29416 | 1971-01-28

D E C I S I O N


CONCEPCION, J:

The only issue for determination in this appeal by certiorari is whether or not the Court of Appeals has erred in dismissing the appeal of petitioner Celso Valera, upon the ground of "failure of the record on appeal to show on its face that the appeal was perfected" within the reglementary period, in violation of Section 6 of Rule 41 in relation to Section 1(a), Rule 50, of the Rules of Court.

It appears that, on November 12, 1965, the Court of First Instance of bra rendered a decision, in Civil Case No. 374 of said Court, declaring "that plaintiff Adoracion Valera de Bringas is the acknowledged natural...