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Perartilla, Rogelia, et al. Vs. Court of Appeals, et al.

ROGELIA, ROLANDO, LORNA, EVA, RAFAEL, EBENEZER, EVANGELINE and YOLANDA, all surnamed PERARTILLA, petitioners, vs. COURT OF APPEALS and HEIRS of GONZALO DE LA PE?A, namely, ELSA P. CUADRA, LOURDES DE LA PE?A, ANGELES DE LA PE?A, COSETTE P. BERNABE, MARIO DE LA PE?A and ANA NITA DE LA PE?A, respondents.

G.R. No. L-37766 | 1983-10-27

D E C I S I O N


AQUINO, J.:

The petitioners, the Perartillas, assail the resolution of the Court of Appeals dated June 16, 1973, dismissing their appeal (from the decision allowing Gonzalo de la Peña to exercise the right of redemption as a co-owner), because their printed amended record on appeal does not show that such record on appeal was filed on time.

The original record on appeal was filed on December 29, 1970 or within the thirty-day reglementary period. Because plaintiff De la Peña filed a motion for execution pending appeal, which the trial court denied in its order of January 23, 1971, the record on appeal had...