Back

Recto, Sotero vs. Court of Appeals, et al.

SOTERO RECTO, petitioner, vs. THE HONORABLE COURT OF APPEALS (FIFTH DIVISION) and CLAUDIO FRANCISCO, respondents.

G.R. No. L-39026 | 1982-09-30

D E C I S I O N


MELENCIO-HERRERA, J.:

This Petition for Review on Certiorari calls for an interpretation of the material data rule.

Respondent Court of Appeals [1] , in its Resolution of April 25, 1974, in CA-G.R. No. 41197-R, dismissed motu proprio petitioner Sotero Recto's appeal by reason of non-compliance with the material data rule, and on June 18, 1974, denied reconsideration of its said Resolution.

The Petition originated from Civil Case No. T-130 entitled "Sotero Recto vs. Claudio Francisco" for legal redemption filed on July 13, 1964 before the Court of First Instance of Camarines Sur. The latter Court dismissed the complaint...