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Diola, et al vs. Court of Appeals, et al

JOSE DIOLA * , MANUEL DIOLA, JUAN DIOLA, FILOMENO DIOLA, BERNARDINO DIOLA and GERUNDIA DIOLA, petitioners, vs. HON. COURT OF APPEALS, BEATRIZ FONTANOSA, REGINALDO FLORES, ANNABELLE O. ABOITIZ, EMELIO M. R. OSME?A, LUIS M. ABOITIZ, JOHN HENRY OSME?A, NICOL

G.R. No. L-36455 | 1976-04-30

D E C I S I O N

TEEHANKEE, J:

The Court reverses respondent court's dismissal of petitioners' appeal and remands it for prompt disposition on the merits. Where the original record on appeal shows on its face the timely perfection of the appeal with the filing of the notice of appeal, appeal bond and record on appeal within the reglementary period and this was expressly so declared by the trial court, the non-inclusion in the amended record on appeal of the trial court's order requiring the incorporation of a few amendments is not fatal. Aside from the undisputed fact that the amended record on appeal was filed within the ten-day period...