SECOND DIVISION
[G.R. No. 239991. June 17, 2019.]
MARLON REYES MANALO, petitioner, vs.BPI FAMILY SAVINGS BANK, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated17 June 2019which reads as follows:
"G.R. No. 239991 (Marlon Reyes Manalo v. BPI Family Savings Bank)
After a judicious study of the case, the Court resolves to DENY the instant petition 1 and AFFIRM the February 2, 2018 2 and May 23, 2018 3 Resolutions of the Court of Appeals (CA) in CA G.R. CV No. 109411 for failure of petitioner Marlon Reyes Manalo (petitioner) to sufficiently show that the CA committed any reversible error in dismissing his appeal 4 for failure to file the required appellant's brief pursuant to Section 7, 5 Rule 44 of the Rules of Court (Rules), in connection with Section 1 (e), 6 Rule 50 of the same Rules. HTcADC
As correctly ruled by the CA, petitioner's failure to file his appellant's brief within the prescribed period is sufficient ground for the outright dismissal of his appeal. 7 Moreover, his proffered excuses were unsubstantiated and were not even sufficient grounds for extension under Section 12, 8 Rule 44 of the Rules. 9 For one, heavy workload is relative and often self-serving and, for another, there was no affidavit of merit to support his counsel's alleged sickness. 10 Since an appeal is not a matter of right but is a mere statutory privilege, a party who seeks to exercise the right to appeal must comply with the requirements of the Rules; otherwise, the privilege is lost. 11 Absent any circumstance that would necessitate the relaxation of the strict rules on appeal, it must be dismissed, as in this case.
SO ORDERED."
Very truly yours,
(SGD.) MARIA LOURDES C. PERFECTODivision Clerk of Court
By:
TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 9-22.
2.Id. at 25-27. Penned by Associate Justice Marlene B. Gonzales-Sison with Associate Justices Ramon Paul L. Hernando (now a member of this Court) and Maria Filomena D. Singh, concurring.
3.Id. at 28-29.
4. Not attached to the rollo.
5. Section 7. Appellant's brief. — It shall be the duty of the appellant to file with the court, within forty-five (45) days from receipt of the notice of the clerk that all the evidence, oral and documentary, are attached to the record, seven (7) copies of his legibly typewritten, mimeographed or printed brief, with proof of service of two (2) copies thereof upon the appellee.
6. Section 1. Grounds for dismissal of appeal. — An appeal may be dismissed by the Court of Appeals, on its own motion or on that of the appellee, on the following grounds:
xxx xxx xxx
(e) Failure of the appellant to serve and file the required number of copies of his brief or memorandum within the time provided by these Rules[.]
7. See rollo, p. 25.
8. Section 12. Extension of time for filing briefs. — Extension of time for the filing of briefs will not be allowed, except for good and sufficient cause, and only if the motion for extension is filed before the expiration of the time sought to be extended.
9. See rollo, p. 26.
10. See id. See also Unsigned Resolution in Adtel, Inc. v. Valdez, G.R. No. 189942, August 9, 2017, 836 SCRA 57, 68.
11. See Spouses Bergonia v. CA, 680 Phil. 334, 344 (2012).