Back

Sapad, Gabuya and Gabuya vs CA

FRANCISCO SAPAD, TEOFILO GABUYA and CIPRIANO GABUYA, petitioners, vs. HON. COURT OF APPEALS, respondent.

G.R. No. 132153 | 2000-12-15

D E C I S I O N

KAPUNAN, J.:

In a Decision dated July 25, 1995, the Regional Trial Court (RTC) of Tarlac convicted petitioners Francisco Sapad, Teofilo Gabuya and Cipriano Gabuya of homicide. A Notice of Appeal dated October 4, 1995 was filed by petitioners through their former counsel, Atty. Marcelito M. Millo.
On September 9, 1996, the Court of Appeals issued a Resolution reading:

For failure of accused Francisco Sapad, Teofilo Gabuya and Cipriano Gabuya to file their brief within the thirty (30) day period, notice of which was received by their common counsel, Atty. Marcelito M. Milo, on April 24, 1996 (registry return receipt, back...