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Phil Merchant Marine Sch vs CA and Ernesto OPPen, Inc.

PHILIPPINE MERCHANT MARINE SCHOOL, INC., petitioner, vs. HON. COURT OF APPEALS and ERNESTO OPPN, INC., respondent.

G.R. No. 137771 | 2002-06-06

D E C I S I O N

QUISUMBING, J.:

In this petition for review, petitioner assails the two resolutions of the Court of Appeals dated July 23, 1998[1] and February 26, 1999,[2] in CA-G.R. CV No. 56325, dismissing petitioner's appeal on the ground that the Appellant's Brief was (a) filed out of time and (b) without a motion for leave for its admission.

The following are the factual antecedents.

On May 22, 1995, the Regional Trial Court of Makati, Branch 61, rendered a decision[3] adverse to petitioner in Civil Cases Nos. 90-3490 and 91-685, upholding the validity of an auction sale over a piece of land and ordering the issuance of a new...