SECOND DIVISION
[G.R. No. 231805. April 23, 2018.]
FAIRWAYS AND BLUEWATER RESORT GOLF AND COUNTRY CLUB, INC., petitioner, vs.ROY V. MOVIDO, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated23 April 2018which reads as follows: cEaSHC
"G.R. No. 231805 — Fairways and Bluewater Resort Golf and Country Club, Inc. versus Roy V. Movido
After reviewing the Petition and its annexes, inclusive of the Court of Appeals' (CA) Resolutions dated September 15, 2016 1 and May 15, 2017 2 in CA-G.R. SP No. 09620, the Court resolves to DENY the Petition and AFFIRM the said CA Resolutions since the petitioner failed to sufficiently show that the CA committed any reversible error in the assailed Resolutions as to warrant the exercise of this Court's discretionary appellate jurisdiction.
Section 1 (e), Rule 50 of the Rules of Court provides that an appeal may be dismissed by the CA, on its own motion or on that of the appellee for failure of the appellant to serve and file the required number of copies of his brief or memorandum within the time provided. The CA's authority to dismiss an appeal for failure to file brief or memorandum is a matter of judicial discretion. In the present case, the CA found no merit in petitioner's reasons (i.e., "oversight," and "continuing pressure from other equally urgent professional work, including coinciding due dates for pleadings, and the attendance of several hearings") for its failure to file its memorandum on time despite being granted two (2) extensions of time to file the same.
SO ORDERED."
Very truly yours,
MA. LOURDES C. PERFECTODivision Clerk of CourtBy:(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 37-46. Penned by Associate Justice Marilyn B. Lagura-Yap, with Associate Justices Gabriel T. Ingles and Germano Francisco D. Legaspi concurring.
2.Id. at 47-50.