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Raymundo Serina, etal. Vs. Court of Appeals, etal.

RAYMUNDO SERI?A, SATURNINA SERI?A, LINO SERI?A, LADISLAO M. SERI?A, TIRSO SERI?A, FAUSTINO M. SERI?A, JUAN M. SERI?A, ZOSIMO M. SERI?A, ROSALIA SERI?A, GOMOLO, VICTORICO, CORAZON, and PILAR ALL SURNAMED SERI?A BY RIGHT OF REPRESENTATION OF VICTORIO SERI?A (DECEASED); ROSALIA SERI?A, and JUSTO SERI?A SALVE BY RIGHT OF REPRESENTATION OF ANDREA SERI?A (DECEASED), PRISCILA G. DE DAGONGON AS GUARDIAN AD LITEM OF THE MINOR SALUSTIANO SERI?A and RUFO EDSIOMA, petitioners, vs. THE COURT OF APPEALS and RODOLFO PELAEZ, respondents.

G.R. No. 28661 | 1989-02-21

D E C I S I O N


CRUZ, J.:

There has been too much preoccupation in this case with a mere technicality that in our view has prejudiced the petitioners' substantive rights. We do not feel they have committed a procedural lapse that should prevent them for prosecuting their appeal, which has already been unduly delayed as it is. The respondent court must be reversed.

From a decision of the Court of First Instance of Misamis Oriental, copy of which was served on them, the petitioners decided to appeal. Accordingly, they filed their notice of appeal on January 4, 1966, the record on appeal on January 5, 1966, and the cash appeal bond on...