FIRST DIVISION
[G.R. No. 244656. June 3, 2019.]
PHILIPPINE INDEPENDENT CATHOLIC CHURCH OF KIBATANG 63RD AND MOTHERS (ALFAHANON), INC., THRU ITS MEMBERS, NAMELY: ROMAR DELOS REYES, ROEL O. YANEZ, ALEXANDER V. ZAMBAS, CAMILO J. SABA, SR., VICENTE J. ESCUDERO, DARWIN A. NACUA, ROGELIO C. MAESTRADO, DOMINGO V. AMOLAT, JULIETA I. BALANDRA AND ESLIE I. JABOTAY, petitioner, vs.IGLESIA FILIPINA INDEPENDIENTE (IFI) OR PHILIPPINE INDEPENDENT CHURCH (PICO), REPRESENTED BY REV. EDDIE M. GALERA, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated June 3, 2019which reads as follows:
"G.R. No. 244656 — Philippine Independent Catholic Church of Kibatang 63rd and Mothers (Alfahanon), Inc., thru its Members, namely: Romar Delos Reyes, Roel O. Yanez, Alexander V. Zambas, Camilo J. Saba, Sr., Vicente J. Escudero, Darwin A. Nacua, Rogelio C. Maestrado, Domingo V. Amolat, Julieta I. Balandra and Eslie I. Jabotay, Petitioner, v. Iglesia Filipina Independiente (IFI) or Philippine Independent Church (PICO), represented by Rev. Eddie M. Galera, Respondent.
Considering the allegations, arguments and issues raised in the instant Petition for Review on Certiorari, the Court resolves to DENY the same for failure to show that the Court of Appeals (CA) committed any reversible error in dismissing the appeal in CA-G.R. CV No. 04854-MIN.
Section 7, Rule 44 of the Rules of Court provides that the appellant must file with the CA one's appellant brief within a period of 45 days from notice. Failure to submit the necessary brief within said period is a ground for the dismissal of the appeal. 1
In this case, petitioner failed to timely file its appellant's brief within the reglementary period to do so. Neither did it give any justifiable reason for such failure to comply with the lawful order of the court. Such being the case, the CA has legal basis for dismissing the appeal.
Let it be underscored that the right to appeal is a statutory, and not a natural right. It may be invoked only in such way that is in accord with the law. For indeed, the party who seeks to appeal must comply with the requirement under the Rules of Court, and failing to do so gives the court sufficient basis to dismiss the appeal, 2 as in this case.
ACCORDINGLY, the Court resolves to AFFIRM the assailed June 29, 2018 and January 24, 2019 Resolutions of the Court of Appeals in CA-G.R. CV No. 04854-MIN.
Petitioner or its authorized representative may claim from the Cash Collection and Disbursement Division of this Court its excess payment for the legal fees in the amount of P470.00 under Official Receipt No. 0234464-SC-EP dated March 5, 2019. cSEDTC
SO ORDERED." Carandang, J., on official leave.
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1. Section 1 (e), Rule 50 of the Rules of Court.
2.Sibayan v. Costales, 789 Phil. 1, 9 (2016).