FIRST DIVISION
[G.R. No. 243035. March 11, 2019.]
SPS. MARK VINCENT DAYRIT AND MYLENE M. DAYRIT, petitioners, vs.PCI LEASING AND FINANCE, INC., respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated March 11, 2019which reads as follows:
"G.R. No. 243035 (Sps. Mark Vincent Dayrit and Mylene M. Dayrit v. PCI Leasing and Finance, Inc.) — The petitioners' first and second motions for extension totaling thirty (30) days within which to file a petition for review on certiorari are GRANTED, counted from the expiration of the reglementary period.
After review of the records, the Court resolves to DENY the petition for failure to sufficiently show that the Court of Appeals (CA) committed any reversible error in its September 12, 2018 1 and November 6, 2018 2 Resolutions in CA-G.R. CV No. 108007, as to warrant the exercise of the Court's appellate jurisdiction.
As correctly ruled by the CA, Spouses Mark Vincent Dayrit and Mylene M. Dayrit (petitioners) failed to timely file their appellants' brief despite having filed several motions for extension of time to file the same. 3 It must be emphasized that petitioners requested for a total of 178 days extension to file an appellants' brief. The Court finds no reason to disturb the CA's exercise of discretion in dismissing the appeal. The justifications proffered by the petitioners, as well as the surrounding circumstances, do not warrant the liberal application of the rules.
WHEREFORE, the petition is DENIED. The September 12, 2018 and November 6, 2018 Resolutions of the Court of Appeals in CA-G.R. CV No. 108007 are AFFIRMED.
The petitioners' manifestation and motion to admit affidavits of service, stating that on November 28, 2018 and December 13, 2018, they filed the motions for extension; that the affidavit of service for said motions by inadvertence did not reflect service upon the Court of Appeals; that they submit the thereto attached amended affidavit of service for the two (2) motions, is NOTED and ACCEPTED. The petitioners' compliances and verified declarations, filed on December 28, 2018 and January 13, 2019, are both NOTED. The petitioners are hereby required to SUBMIT within five (5) days from notice hereof, the verified declaration of the first motion for extension of time to file a petition for review on certiorari pursuant to A.M. Nos. 10-3-7-SC and 11-9-4-SC. CAIHTE
SO ORDERED."
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1.Rollo, pp. 93-95; penned by Associate Justice Ronaldo Roberto B. Martin with Associate Justices Apolinario D. Bruselas, Jr. and Myra V. Garcia-Fernandez, concurring.
2.Id. at 118-122.
3.Id. at 95.