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Upson income drops despite record revenue
Listed IT products retailer Upson International Corp. posted record high revenue in 2023 but lower gross margin and higher expenses dragged down profit for the year......»»
SC allows UN expert to act as friend of the court in Maria Ressa s cyber libel plea
Irene Khan, United Nations (UN) Special Rapporteur for freedom of expression and opinion, has been allowed by the Supreme Court (SC) to sit as an "amicus curiae" to the court in the appeal for the cyber libel case of Rappler.com chief executive officer Maria Ressa and former researcher Reynaldo Santos......»»
Teves gets 15 more days in Timor-Leste
The detention of expelled Negros Oriental congressman Arnolfo Teves Jr. in East Timor has been extended by a local court for 15 days following a trial on March 23, Teves’ lawyer Ferdinand Topacio said......»»
Ybanez drops career-high 34 points, rallies Golden Spikers past Bulldogs
Josh Ybanez erupted for the UST Golden Spikers as he led a comeback over defending champions National University Bulldogs, 28-30, 22-25, 25-23, 25-22, 15-9, in the UAAP Season 86 men's volleyball tournament Sunday at the Smart Araneta Coliseum......»»
SC affirms ruling granting bail to ex-Masbate lawmaker, Napoles
The Supreme Court (SC) has affirmed a ruling of the Sandiganbayan that allowed businesswoman Janet Lim-Napoles and former Masbate congresswoman Rizalina Seachone-Laneta to post bail in the plunder charges filed against them in connection with the Priority Development Assistance Fund (PDAF) or pork scam......»»
Sabalenka wins with heavy heart
World number two Aryna Sabalenka returned to the court for the first time since the death of her former boyfriend earlier this week and kept her emotions in check as she beat Spain’s Paula Badosa, 6-4 6-3 on Friday......»»
SC upholds decision granting Napoles bail in one PDAF case
Pork barrel scam mastermind Janet Lim-Napoles and former Masbate Rep. Rizalina Seachon-Lanete have been allowed to post bail after the Supreme Court dismissed a case related to the Priority Development Assistance Fund......»»
Panghulan s Hail Mary shot lifts Top Flight past Arellano in NBTC Division 2 finals
Joey Panghulan’s last-gasp half-court heave towed Top Flight Sports Canada into the National Basketball Training Center (NBTC) Division 2 finals over the Arellano Braves, 87-84, Friday afternoon at the Mall of Asia Arena in Pasay City......»»
Social Media Firms Shares Soar in Stock Market Debut
India’s GDP Growth Rate Drops to 4.7% in Latest Quarter According to provisional data released by the Central Statistical Office, India’s GDP growth rate has.....»»
Late mishap drops Saso to joint 3rd with 66
Yuka Saso faltered at the finish, missing out on a share of the clubhouse lead and slipping to joint third with an eagle-boosted 66, trailing Canadian Maude-Aimee Leblanc by two at the start of the FIR Hills Seri Pak Championship.....»»
Beetlejuice sequel drops trailer with Michael Keaton, Winona Ryder returning
Warner Bros. released the first teaser trailer for Tim Burton's "Beetlejuice Beetlejuice" with Michael Keaton back as the titular bio-exorcist after 36 years......»»
Davao Region crime rate drops by 13.05%
THE Police Regional Office (PRO-Davao) has reported a significant 13.05 percent decrease in the crime rate across the Davao Region from January to February 2024 compared to the same period last year......»»
A mandatory duty
With dynasty-building reaching shameless proportions, the Supreme Court has finally been asked to step in and mandate Congress to carry out a task set out in the Constitution: to define and prohibit political dynasties......»»
SC: LGU lawyers cannot represent local execs
Legal officers of local government units cannot represent LGU officials in cases filed before the Office of the Ombudsman, according to the Supreme Court......»»
ICC can t probe Philippines drug war, Marcos tells Germany s Scholz
MANILA, The Philippines: This week, Philippine President Ferdinand Marcos Jr. told German Chancellor Olaf Scholz the International Criminal Court (ICC) has no authority to probe the bloody war against drugs conducted by his predecessor. Marcos discussed the Hague-based ICC's probe during a bilateral meeting with Scholz while visiting Germany. Former President Rodrigo Duterte officially withdrew from the i.....»»
Retired general, former CA justice among new Palace appointees
President Marcos has appointed a retired police general and a former associate justice of the appellate court to key government posts......»»
Brother of slain OFW Jullebee Ranara says Kuwaiti law too lenient on killer
The appellate court in Kuwait upholds the 16-year prison sentence for the teenager who killed Ranara, a Filipino domestic worker.....»»
US Supreme Court rejects ex-cop Chauvin’s appeal in George Floyd murder
The justices turn away Derek Chauvin's appeal that he filed after a Minnesota appellate court upheld his 2021 murder conviction and rejected his request for a new trial.....»»
Marcos appoints new CA Presiding Justice
Justice Mariflor Punzalan Castillo, who was appointed as a CA associate justice in 2009, took her oath of office before the Supreme Court on Wednesday as the “highest” judge of the country’s appellate court......»»
The only brief that is long
Jurisprudence holds that the right to appeal is neither a natural right nor a part of due process; it is merely a statutory privilege, and may be exercised only in the manner and in accordance with the provisions of law. (Fenequito v. Vergara Jr., G.R. No. 172829, 18 July 2012). An appeal being a purely statutory right, an appellant or appealing party must strictly comply with the requisites in the Rules of Court. With respect to ordinary appealed cases to the Court of Appeals (CA), Section 7, Rule 44 of the Revised Rules of Civil Procedure requires an appellant to file an Appellant’s Brief with the CA within 45 days from receipt of the notice of the clerk. According to the Supreme Court in Philippine Coconut Authority v. Corona International Inc. (G.R. No. 13991, 29 September 2000), the purpose of the Appellant’s Brief is to present to the court in coherent and concise form the point and questions in controversy and by fair argument on the facts and law of the case, to assist the court in arriving at a just and proper conclusion. Failure to file an Appellant’s Brief within the prescribed period is a ground for the dismissal of the appeal. (Section 1(e), Rule 50 of the Revised Rules) However, the SC clarified in Sindophil Inc. v. Republic (G.R. No. 204594, 07 November 2018) that the use of the permissive “may” in the wording of the above-stated provision means the dismissal of an appeal by the CA is directory and not mandatory. This means that the failure to file an appellant’s brief within the reglementary period would not automatically result in the outright dismissal of the appeal, as the CA is bound to exercise its sound discretion whether to allow the appeal to proceed or not. The SC explained that allowing the appeal despite the failure to file an Appellant’s Brief must be decided by the CA, taking into account all the factors surrounding the case. Its discretion must be exercised with due regard to justice and fair play under the circumstances. In several cases, the question of whether or not to sustain the dismissal of an appeal due to the appellant’s failure to file the Appellant’s Brief had been raised before the SC. In some of these cases, the High Court relaxed the Rules and allowed the belated filing of the Appellant’s Brief. In other cases, however, the Court applied the Rules strictly and considered the appeal abandoned, which thus resulted in its eventual dismissal. Finally, in Government of the Kingdom of Belgium v. Court of Appeals (G.R. No. 164150, 14 April 2008), the SC revisited the cases that it had previously decided and laid down the following guidelines in confronting the issue of non-filing of the Appellant’s Brief: 1. The general rule is for the CA to dismiss an appeal when no appellant’s brief is filed within the reglementary period prescribed by the rules; 2. The power conferred upon the CA to dismiss an appeal is discretionary and directory and not ministerial or mandatory; 3. The failure of an appellant to file his brief within the reglementary period does not have the effect of causing the automatic dismissal of the appeal; 4. In case of late filing, the appellate court has the power to still allow the appeal; however, for the proper exercise of the court’s leniency[,] it is imperative that: (a) the circumstances obtaining warrant the court’s liberality; (b) that strong considerations of equity justify an exception to the procedural rule in the interest of substantial justice; (c) no material injury has been suffered by the appellee by the delay; (d) there is no contention that the appellee’s cause was prejudiced; or (e) at least there is no motion to dismiss filed. 5. In case of delay, the lapse must be for a reasonable period; and 6.Inadvertence of counsel cannot be considered as an adequate excuse to call for the appellate court’s indulgence except: (a) where the reckless or gross negligence of counsel deprives the client of due process of law; (b) when application of the rule will result in outright deprivation of the client’s liberty or property or (c) where the interests of justice so require. The post The only brief that is long appeared first on Daily Tribune......»»