De Asis v. Dumadaug
REITERATIONFacts
1. The Antecedents: The underlying dispute involves a disagreement among the De Asis family members and other heirs concerning property or inheritance rights, leading to litigation that has progressed through the judicial system. 2. Procedural History: The case originated from a dispute that was adjudicated by lower courts. The decision of the Court of Appeals in CA-G.R. No. 24228-R was subsequently brought before the Supreme Court via a petition for review, docketed as G.R. No. L-22667. 3. The Petition: The petitioners sought review of the Court of Appeals' decision. After the petition was given due course, the Clerk of Court notified counsel for the petitioners to file their printed brief. However, counsel failed to claim the notice and did not file the required brief within the stipulated period, nor did they seek an extension. Respondents also failed to file their brief. Consequently, the Supreme Court dismissed the petition for lack of prosecution.
Issue(s)
Whether the petition should be dismissed for lack of prosecution.
Ruling
The petition is ordered dismissed for lack of prosecution. No costs.
Ratio Decidendi
On Whether the petition should be dismissed for lack of prosecution: The Court found that the petitioners failed to file their printed brief within the prescribed period of thirty (30) days, despite being duly notified. The notice from the Clerk of Court became effective on July 6, 1964, making the deadline for filing the brief August 5, 1964. Furthermore, the petitioners did not seek any extension of time to file the required pleading. The respondents also failed to file their brief after being required to do so. The Court observed that since the last mentioned date, no pleadings or motions have been filed by either party, indicating a clear lack of interest in pursuing the case. Consequently, the petition was dismissed for lack of prosecution, as provided for under the rules.
Main Doctrine
A petition may be dismissed for lack of prosecution when parties fail to file their respective briefs despite due notice and no extension is sought.