GR 248264; (July, 2020) (Digest)
G.R. No. 248264 . July 27, 2020.
Fredierose Tamboa y Laday, Petitioner, vs. People of the Philippines, Respondent.
FACTS
The instant case stemmed from an Information charging petitioner Fredierose Tamboa y Laday with Illegal Sale of Dangerous Drugs under Section 5, Article II of Republic Act No. 9165 . The prosecution alleged that on June 10, 2015, a buy-bust operation was conducted against petitioner in Claveria, Cagayan, resulting in the recovery of a plastic sachet containing 0.137 gram of methamphetamine hydrochloride (shabu). The RTC found petitioner guilty beyond reasonable doubt and sentenced her to life imprisonment and a fine of P500,000.00. Petitioner appealed to the CA. In a Resolution dated February 15, 2018, the CA dismissed the appeal for failure to file an appellant’s brief despite several granted motions for extension. The RTC Decision became final and executory on March 15, 2018, and an Entry of Judgment was issued. Petitioner, through new counsel, filed a motion to recall the entry of judgment and reinstate her appeal, attributing the failure to file the brief to the gross negligence of her previous counsel, Atty. Amelito A. Ruiz. The CA denied the motion and subsequent motion for reconsideration, prompting the petition before the Supreme Court.
ISSUE
Whether or not the CA correctly dismissed petitioner’s appeal based on procedural grounds.
RULING
The petition is meritorious. The Supreme Court reversed and set aside the CA Resolutions and recalled the Entry of Judgment. The Court ruled that while the dismissal of an appeal for failure to file the required brief is authorized under procedural rules, the rigid application of these rules may be relaxed to serve substantial justice. The Court found that the circumstances of the case—involving matters of life and liberty, the merits of the appeal concerning alleged lapses in the chain of custody, and the gross negligence of petitioner’s former counsel not entirely attributable to petitioner—warrant the relaxation of procedural rules. The case was remanded to the CA for resolution of the appeal on its merits, with petitioner given a non-extendible period of thirty (30) days to file her appellant’s brief. The Court also directed that a copy of the Decision be furnished to the Office of the Bar Confidant for the initiation of appropriate disciplinary proceedings against Atty. Amelito A. Ruiz.