G.R. NO. 138526 - MARCELINO TAN, VS. COURT OF APPEALS AND JOHN GIBERSON.D E C I S I O N - Supreme Court E-Library

Ruling

accordingly dismissing it. In a complaint for collection of rentals, replevin, and damages filed with the Cebu Regional Trial Court (RTC) by herein private respondent John Giberson (Giberson) against the spouses Marcelino and Dorothy Tan and the spouses James and Teresita Tan, Branch 22 of said court rendered judgment in favor of Giberson by Decision of March 25, 1997, the fallo of which reads: WHEREFORE, the Court finds for the plaintiff [Giberson]. Judgment is hereby rendered as follows: Ordering the defendants to jointly pay the plaintiff the amount of THREE HUNDRED SIXTY ONE THOUSAND FIVE HUNDRED THIRTY TWO PESOS (P361,532.00) plus an interest of 6%per annum from the filing of this complaint until fully paid; Ordering the defendants to jointly pay the plaintiff THIRTY THOUSAND PESOS (P30,000.00) in the concept of attorney's fees; Further ordering the defendants to return the wrecker in a good working condition otherwise, they shall be jointly liable to the plaintiff for the amount of TWO HUNDRED THOUSAND PESOS (P200,000.00) as the value thereof; All counterclaims are dismissed for wanting [sic] of merit. [1] The defendants spouses Marcelino and Dorothy Tan filed on April 21, 1997 a Notice of Appeal [2] before the trial court through their counsel Atty. Leandro Hilongo (Atty. Hilongo). Subsequently, or on May 8, 1997, Atty. Hilongo filed with the trial court a Notice of Withdrawal of Appearance [3] as counsel for the spouses Marcelino Tan. On even date, the law firm Gica Del Socorro & Espinoza filed its Notice of Appearance [4] also with the trial court as the couple's new counsel. The RTC records of the case were, by October 8, 1997 letter of the Branch Clerk of Court, forwarded to the appellate court which received them on November 24, 1997. [5] About five months later or on April 23, 1998, the Court of Appeals sent notice to Atty. Hilongo , instead of to the law firm-new counsel of the spouses Tan, to pay within fifteen (15) days from receipt the docketing and other fees, failing which the appeal would be "deemed abandoned and dismissed." [6] The notice addressed to Atty. Hilongo was received on May 20, 1998 [7] by one which appears to read "Ging LX M." No docket and other legal fees having been paid by the Tan spouses, the appellate court, by Resolution of August 14, 1998, considered their appeal abandoned and accordingly dismissed it pursuant to Sec. 1(c), Rule 50 of the 1997 Rules of Civil Procedure. [8] On September 3, 1998, Atty. Paulino Del Socorro of the law firm-counsel of the Tan spouses received the appellate court's August 14, 1998 Resolution. The Tan spouses, through said counsel, filed a Motion for Reconsideration of the Resolution alleging, inter alia, that: Further, appellants humbly seek the kind indulgence of the Honorable Court of Appeals not to deny them justice and fairness giving due regards to the following: The undersigned counsel filed its Notice of Appearance as early as May 8, 1997, copy of which is hereto attached