GR L 13453; (August, 1918) (Digest)
G.R. No. L-13453; August 7, 1918
PEDRO N. LIONGSON, petitioner-appellant, vs. THE INSULAR GOVERNMENT, et al., objectors-appellees.
FACTS:
Petitioner-appellant Pedro N. Liongson filed an application for land registration in the Court of Land Registration on August 2, 1915. During the proceedings, he obtained preliminary injunctions against various oppositors. After trial, the court denied his petition for registration on January 15, 1917. Liongson appealed to the Supreme Court. The appeal was marked by multiple delays: Liongson requested and received several extensions to file his bill of exceptions, which was eventually submitted on April 23, 1917. Upon elevation of the case, he failed to initially deposit the required filing and printing fees, prompting a motion to dismiss from appellees, which was later denied after he made the deposits. Liongson further requested and was granted extensions to file his brief, but he failed to submit it within the final period granted, filing it only on July 20, 1918, after appellees had already moved to dismiss the appeal on July 17, 1918, for his failure to timely file the brief.
ISSUE:
Whether the appeal should be dismissed due to the appellant’s failure to serve his brief within the time prescribed by the rules.
RULING:
Yes, the appeal is dismissed. The Supreme Court, applying Rule 23 of its rules which allows dismissal if the appellant fails to serve his brief within the prescribed time, granted the appellees’ motion to dismiss. The Court found that the appellant had engaged in a pattern of unnecessary delays and annoyances toward the appellees, demonstrating an apparent effort to delay the final disposition of the case. The appellant’s brief was filed only after the motion to dismiss had been filed, and the Court concluded that dismissal was warranted. Costs were imposed on the appellant.
