Академический Документы
Профессиональный Документы
Культура Документы
83281 December4,1989
FLORENTINOOZAETAvs.CAandJALWINDORMANUFACTURERS,INC.
Petitioner was ordered by the RTC of Quezon City to pay private respondent P200,000.00 for actual
damages,P50,000.00exemplarydamages,P10,000.00attorney'sfeesplusthecostsofthesuit.
PetitionerappealedtotheCA.Then,petitionerwasrequiredtofilethebrief.
On June 5, 1987 he filed a motion for extension of time to file brief in the said court and this was
granted, giving him a period of 60daysfromJune5,1987oruntilAugust4,1987withinwhichtofilehis
brief.
Thereafter petitioner filed a motion for reconsideration to which an opposition was filed by private
respondentbutthemotionwasdeniedbytheCA.
On March 15,1988petitionerfiledamotionforextensionofthirty(30)dayswithinwhichtofilebriefon
the ground that counsel is practising alone andhehadothercasestoattendto.Againitwasdeniedina
resolutionissuedbytheCA.
On April 18, 1988 the CA dismissed the appeal for failure of petitioner to file the brief on time. Onthe
same date, the private respondent filed a manifestation and motion to strike out the motion to admit
briefandtheattachedbriefinthesamecase.
Petitioner then filed an omnibus motion for reconsideration of the resolution issued by the CA. Again
theCAdeniedpetitioner'somnibusmotionforreconsideration.
Hence, the herein petition for review on certiorari, the resolution of which revolves on whetherornot
thedismissaloftheappealforfailuretofiletheappellant'sbriefontimewasproper.
Thepetitionisdevoidofmerit.Thereforethepetitionwasdismissed.
SC held that from the foregoing set of facts there can be no question that petitioner and his counsel
were grossly negligent.KnowingthattheperiodwithinwhichtofilethebriefwastoexpireonAugust4,
Moreover, when petitioner filed on March 15, 1988 a motion for thirty (30) days extension of time
within which to file the brief, the motion was filed was past the period of time sought tobeextended,
i.e., seven (7) months past. The rule is explicit that such motion for extension of time must be filed
beforetheexpirationoftimesoughttobeextended.