FIRST DIVISION
[G.R. No. 237382. June 20, 2018.]
LYDIA DEL MAR-TAN, petitioner,vs. CORNELIO DEL MAR AND PAULINO DEL MAR, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedJune 20, 2018which reads as follows: AcICHD
"G.R. No. 237382 (Lydia Del Mar-Tan v. Cornelio Del Mar and Paulino Del Mar). — The petitioner's motion for an extension of thirty (30) days within which to file a petition for review on certiorari is GRANTED, counted from the expiration of the reglementary period; the motion for leave ex parte of Atty. Socrates B. Maderazo, Jr., counsel for petitioner, to submit soft copies of the motion for extension to file a petition for review on certiorari and the petition itself is GRANTED; the petitioner's motion to admit supplemental petition, stating that she had to address certain issues that were not raised or fully discussed in the main petition and the said supplemental petition, are NOTED; the motion of Atty. Socrates B. Maderazo, Jr., to withdraw as counsel for petitioner, with conformity, praying that he be relieved of his duties and responsibilities in the case is GRANTED; and the entry of appearance of Attys. Tercel Maria G. Mercado-Gephart and Miguel Lorenzo Y. Nuez of Mercado-Gephart Nacua Nillama Nuez Moeller, as counsel for petitioner, is NOTED and the counsels' request that processes be served at Advent Business Center, Acacia Street, Barangay Camputhaw, Cebu City, is GRANTED. SaCIDT
The Court resolves to DENY the petition and AFFIRM the Court of Appeals (CA) Resolutions dated June 21, 2017 and January 16, 2018 in CA-G.R. CEB CV No. 06108 for failure to sufficiently show that the CA committed any reversible error in dismissing the appeal on the ground that petitioner failed to file the appellant's brief within the reglementary period.
As correctly ruled by the CA, petitioner failed to prove the presence of exceptional circumstances which would justify the relaxation of procedural rules. A mere allegation that no material injury has been suffered by respondents and the fact that there is no contention of respondent's cause being prejudiced do not justify the late filing of the appellant's brief. Moreover, petitioner failed to substantiate her previous counsel's gross negligence as to warrant relaxation of the rule on the filing of appeal briefs.
The counsels for petitioner are hereby required to COMPLY within five (5) days from notice hereof, with A.M. No. 07-6-5-SC dated July 10, 2007 re: statement of contact details (e.g., telephone number, fax number, cellular phone number or e-mail address) of parties or their counsels in all papers and pleadings filed with the Supreme Court; the Cash Collection and Disbursement Division is directed to RETURN to petitioner the excess payment for the legal fees in the amount of P770.00 under O.R. No. 0203375-SC-EP dated March 2, 2018; and Attys. Tercel Maria G. Mercado-Gephart and Miguel Lorenzo Y. Nuez are required to SUBMIT within five (5) days from notice hereof, a verified declaration of the motion to admit supplemental petition with entry of appearance pursuant to A.M. Nos. 10-3-7-SC and 11-9-4-SC.
SO ORDERED." (Leonardo-De Castro, J., designated as Acting Chairperson of the First Division per Special Order No. 2559 dated May 11, 2018; and Gesmundo, J., designated as Acting Member of the First Division per Special Order No. 2560 dated May 11, 2018.)
Very truly yours,
(SGD.) LIBRADA C. BUENAActing Division Clerk of Court