GR 107698; (July, 1996) (Digest)
G.R. No. 107698 July 5, 1996
GLORIA Z. GARBO, petitioner, vs. THE HON. COURT OF APPEALS, JUDGE ENRIQUE T. JOCSON of the RTC of Bacolod City, Branch 47, and ANTONIO B. GRADIOLA in his capacity as Administrator of the Intestate Estate of MAGDALENA B. GARBO, respondents.
FACTS
Petitioner Gloria Z. Garbo was appointed administratrix of the intestate estate of Manuel G. Garbo. Subsequently, the estate of Manuel’s wife, Magdalena, petitioned for the probate of Manuel’s will, which devised all his properties exclusively to Magdalena. The probate court allowed the will and appointed private respondent Antonio B. Gradiola, administrator of Magdalena’s estate, as the new administrator of Manuel’s estate, recalling petitioner’s letters of administration. Petitioner filed a notice of appeal and a record on appeal. Private respondent objected to the record on appeal for omitting pertinent pleadings. The court ordered petitioner to submit an amended record on appeal within ten days. Petitioner complied by merely attaching the omitted pages to the original record instead of redrafting it, which private respondent opposed as improper. After petitioner failed to file the required comment on a motion to dismiss her appeal and did not submit the amended record, the probate court dismissed her appeal.
ISSUE
Whether the probate court and the Court of Appeals properly dismissed petitioner’s appeal for failure to comply with procedural rules.
RULING
Yes, the dismissal was proper. Procedural rules are designed to ensure orderly and speedy justice, and strict compliance is required. While liberal application is allowed in justifiable cases, petitioner offered no cogent reason for her failure to file a properly redrafted record on appeal as twice directed by the court. Rule 41, Section 7 of the Rules of Court explicitly requires an appellant to redraft the record by incorporating additional matters in proper sequence and submit it for approval. Petitioner’s mere attachment of omitted pages to the original record did not constitute compliance. Her failure to perfect her appeal rendered the probate court’s order allowing the will final. Rule 41, Section 13 mandates dismissal when the record on appeal is not filed on time. Petitioner’s reliance on Grearte v. The London Assurance is misplaced, as in that case the appellant actually filed the amended record. Here, petitioner’s obstinate refusal to follow the court’s directive was fatal to her appeal.