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PEOPLE v. GERONCIO MENDEZ

This case has been cited 2 times or more.

2004-05-27
CALLEJO, SR., J.
This is a petition for review on certiorari under Rule 45 of the Rules of Court, as amended, assailing the Decision[1] of the Court of Appeals, which affirmed the denial by the Regional Trial Court of Makati City, Branch 150, in Civil Case No. 94-2913, of the petitioners' appeal for non-payment of docket fees, as well as the appellate court's March 29, 1999 Resolution which denied the petitioners' motion for reconsideration.
2004-05-27
CALLEJO, SR., J.
On June 29, 1998, the petitioner filed with the CA a petition for certiorari assailing the May 27, 1998 Order of the RTC for having been issued with grave abuse of discretion amounting to lack or excess of jurisdiction.[13] In their reply to the comment, the petitioners, for the first time, proffered to the appellate court an explanation for their admitted failure to pay the appellate docket fees within the prescribed reglementary period. The petitioners, thus, averred: Petitioners' failure to pay the appellate docket fee is not without a valid explanation. At the time of the filing of Notice of Appeal, petitioners' counsel's lone secretary, without informing in advance the undersigned, decided to migrate to another country for "greener pasture," leaving the undersigned the responsibility to tend to all the cases in his office. The undersigned's operation was literally disabled and in shambles;