FIRST DIVISION
[G.R. No. 238919. July 2, 2018.]
MOISES B. ISIDRO, petitioner,vs. PEOPLE OF THE PHILIPPINES AND MARGIE TE, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated July 2, 2018 which reads as follows:
"G.R. No. 238919 (Moises B. Isidro v. People of the Philippines and Margie Te). — After review, the Court resolves to DENY the petition for failure to sufficiently show that the Court of Appeals (CA) committed any reversible error in its ruling. The CA correctly dismissed the case for failure of petitioner to pay the docket fees and other lawful fees within the reglementary period to perfect an appeal. Nothing in the records shows that petitioner even made an attempt at substantial compliance as petitioner only paid the appeal docket fee on November 27, 2017, after the Resolution dismissing the case has already been issued by the CA. It is well-settled that the right to appeal is neither a natural right nor a component of due process. It is a mere statutory privilege, and may be exercised only in the manner and in accordance with the provisions of law. 1 In the present case, petitioner failed to perfect his appeal in accordance with Section 4, Rule 41 of the Rules of Court. Accordingly, the CA may dismiss the appeal under Section 1 (c), Rule 50 of the Rules of Court. HEITAD
WHEREFORE, premises considered, the petition is DENIED. The assailed Resolutions of the Court of Appeals dated November 20, 2017 and April 13, 2018 in CA-G.R. CV No. 104789 are hereby AFFIRMED WITH MODIFICATION. The Court orders petitioner to pay private complainant the amount of P400,000.00 with legal interest of 12% per annum from November 24, 2008, the date of demand, until June 30, 2013, and with legal interest of 6% per annum on the principal amount of P400,000.00 from July 1, 2013 until full satisfaction.
SO ORDERED." Leonardo-de Castro, J., on official leave; Del Castillo, J., designated Acting Chairperson of the First Division per Special Order No. 2562 dated June 20, 2018; 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
Footnotes
1.Fenequito v. Vergara, Jr., G.R. No. 172829, July 18, 2012, 677 SCRA 113, 117.