Labella appeals: Faster release of COVID test results for arriving ROFs
CEBU CITY, Philippines — Cebu City Mayor Edgar Labella said that he would want the test results of returning overseas Filipinos (ROFs) to be released faster. He said that many ROFs, who are residents of the city, would have to wait days to get their results and were forced to be isolated for that period […] The post Labella appeals: Faster release of COVID test results for arriving ROFs appeared first on Cebu Daily News......»»
Appellant’s Brief
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. 172829, 18 July 2012). An appeal being a purely statutory right, an appellant or appealing party must strictly comply with the requisites laid down 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 forty-five days from receipt of the notice of the clerk. According to the Supreme Court in Philippine Coconut Authority v. Corona International Inc. (G.R. 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. However, the SC clarified in Sindophil Inc. v. Republic (G.R. 204594, 07 November 2018) that the use of the permissive “may” in the wording of the above-stated provision meant that the dismissal of the 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 the allowance of 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. 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 a number of cases. 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 which it 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; (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. *** For more of Dean Nilo Divina’s legal tidbits, please visit www.divinalaw.com. For comments and questions, please send an email to cabdo@divinalaw.com. The post Appellant’s Brief appeared first on Daily Tribune......»»
Labella appeals: Faster release of COVID test results for arriving ROFs
CEBU CITY, Philippines — Cebu City Mayor Edgar Labella said that he would want the test results of returning overseas Filipinos (ROFs) to be released faster. He said that many ROFs, who are residents of the city, would have to wait days to get their results and were forced to be isolated for that period […] The post Labella appeals: Faster release of COVID test results for arriving ROFs appeared first on Cebu Daily News......»»
All Hail the Camera King! HONOR Magic6 Pro Ranks Number 1 in Camera Global Rankings
The leading global provider of smart devices, HONOR, claimed the top spot as the best camera smartphone in the recent DxOMark ranking test, dethroning its competitors with a high-ranking score of 158. DxOMark, an independent camera testing organization that provides comprehensive evaluations of camera performances, has awarded HONOR Magic6 Pro as the top contender in […].....»»
Oplan Harabas yields 3 drivers positive for drugs
FOLLOWING the surprise drug test conducted by the Land Transportation Office (LTO)-Davao and the Philippine Drug Enforcement Agency (PDEA) on public utility vehicles (PUVs) last March 26, 2024, two taxi drivers in Davao City were found to be positive for drugs......»»
Israel bombs Gaza, fights Hamas around hospitals
Israeli forces pounded besieged Gaza on Wednesday and fought Hamas around several hospitals, despite a UN Security Council demand for a ceasefire. Talks in Qatar towards a truce and hostage release deal involving US and Egyptian mediators have brought no result so far, with Israel and the Palestinian militant group blaming each other. READ: Israel.....»»
Reflecting on Your Business Setbacks
Challenges are an inevitable part of any endeavor, especially a business one. From unforeseen economic shifts to internal operational hurdles, every business owner will inevitably face obstacles that test their resolve. As we live in a fast-paced world, we sometimes forget about looking back, and what better time to do it than the Holy Week? […].....»»
JG Summit FY23 profit: P19.6-B (up 216%)
JG Summit, the Gokongwei Family’s diversified conglomerate, teased its FY23 financial results headlined by a 216% increase in the company’s net income to P19.6 billion......»»
Most Filipinos reject Charter change, lifting foreign ownership restrictions
An overwhelming majority of Filipinos oppose changing the 1987 Constitution at this time, according to a new Pulse Asia Survey, with results showing Filipinos in all regions and all socio-economic classes did not support the lifting of foreign ownership restrictions in key industries......»»
Cows in Texas and Kansas test positive for highly pathogenic bird flu
In a concerning development, wild migratory birds are suspected to have spread a deadly strain of bird flu to dairy cows in Texas and Kansas......»»
Drayber, konduktor sa bus sa Ecoland terminal gipaubos sa drug test
Drayber, konduktor sa bus sa Ecoland terminal gipaubos sa drug test.....»»
PDEA: 7 drivers yield positive results in drug testing
PDEA: 7 drivers yield positive results in drug testing.....»»
‘Oplan Harabas’ starts
THE Philippine Drug Enforcement Agency-Davao Region (PDEA-Davao) has started its surprise drug test on bus and van drivers under “Oplan Harabas”, part of Oplan Biyaheng Ayos, on Tuesday morning, March 26, 2024......»»
Flintlock: A Classic Summer Blockbuster – The Daily Guardia
A44 Games, a New Zealand-based developer, is set to release their highly-anticipated third-person action-RPG, Flintlock: The Siege Of Dawn. The game pays homage to the.....»»
Indian Coast Guard ship docks at Manila port amid tensions in South China Sea
Manila [Philippines], March 26 (ANI): Amid tensions in the South China Sea, the Indian Coast Guard ship, Samudra Paheredar docked at the Manila Bay in the Philippines as part of a broader initiative aimed at demonstrating ICG Marine Pollution Response capabilities, the Ministry of Defence (MoD) said in an official release on Tuesday. The ICG ship which arrived at the port on Monday, is on an overseas deployment to ASEAN c.....»»
‘Serenade of the Seas’ arrival restarts Subic cruise tourism program
The arrival here of GTS Serenade of the Seas, a 12-decker cruise liner operated by Royal Caribbean International, is expected to resurrect Subic’s cruise tourism program, which had gained momentum before being halted by the COVID-19 pandemic three years ago......»»
Upson International FY23 profit: P464-M (down 13.7%)
Upson International, the IT retailer primarily operating through the Octagon retail brand, teased its FY23 financial results headlined by a 13.7% dip in net income to P464 million......»»
More jabs vs pertussis, measles arriving soon — DOH
The health department said in a statement Monday that it is already distributing 64,400 pentavalent vaccines to curb the spread of pertussis, a highly contagious respiratory infection......»»
Hamas tells mediators it will stick to original position on ceasefire
Hamas earlier presents a Gaza ceasefire proposal to mediators and the United States in mid-March that includes the release of Israeli hostages in exchange for freedom for Palestinian prisoners, 100 of whom are serving life sentences.....»»
Angeles toddlers’ death inside car prompts probe into parental accountability
Autopsy results show the two toddlers died of asphyxia by suffocation.....»»
PUBG Mobile continues steady rise in Philippines
PUBG: Mobile has been a steady shooting game that Filipinos have been playing since its release back in 2018. Since then, the game has had Filipino-centric initiatives in 2022......»»