FIRST DIVISION
[G.R. No. 241435. January 7, 2019.]
ERICSON ASUNCION, petitioner,vs. PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedJanuary 7, 2019which reads as follows:
"G.R. No. 241435 — Ericson Asuncion, Petitioner, vs. People of the Philippines, Respondent.
The Court resolves to DENY petitioner's Urgent Motion for Extension of Time to File Petition for Review on Certiorari (MOTEX) for late filing, the reason given by counsel in failing to file the petition on time, per his Manifestation/Explanation, being unconvincing and unacceptable under the circumstances. Moreover, affiant in the affidavit of service of the motion for extension did not present any ID issued by an official agency.
With the denial of petitioner's motex, the filing of the petition was necessarily late. Moreover, the Court takes note that the instant petition suffers from the following infirmities:
1. Docket and other legal fees were remitted out of time on August 10, 2018 due date being August 9, 2018; and,
2. Lacks verified statement as to the date of filing of motion for reconsideration; and
As a result, the assailed November 10, 2017 Decision of the Court of Appeals in CA-G.R. CR No. 38272 has attained finality and can no longer be assailed as petitioner failed to timely appeal therefrom.
Nothing is more settled than the principle that an appeal, whether in the form of an ordinary appeal or an appeal by certiorari, not being a natural right but a mere statutory privilege, must be perfected according to the mode and within the period prescribed by the law and the rules. The party who seeks to avail himself of the privilege must comply with the requirements of the rules; failing to do so, as in this case, it results in the loss of the right to appeal. While procedural irregularities are on occasion set aside in the interest of justice, it must be that the "procedures regulating appeal x x x laid down in the Rules of Court must be followed because strict compliance with them is indispensable for the orderly and speedy dispensation of justice." 1
ACCORDINGLY, the Court resolves to DENY the Petition for Review on Certiorari.
Petitioner or his authorized representative may personally claim from the Cash Collection and Disbursement Division of this Court the excess payment for the legal fees in the amount of P470.00 under Official Receipt No. 0223663-SC-EP dated September 5, 2018.
SO ORDERED." Bersamin, C.J., on official leave; Del Castillo, J., designated as Acting Chairperson per Special Order No. 2632 dated December 28, 2018.
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1.Estrellado-Mainar vs. People, 765 Phil. 21, 27 (2015).