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Mendoza Vs UCPB

The Court of Appeals did not err in dismissing the petitioners' appeal. The petitioners filed a brief appealing the dismissal of their case by the Regional Trial Court. However, the petitioners' brief did not include a subject index, which is required by the Rules of Civil Procedure. The subject index provides references to help facilitate appellate review. Without an index, the appellate court risks being overwhelmed by voluminous documents. Therefore, the Court of Appeals properly dismissed the appeal due to the petitioners' failure to comply with briefing requirements.

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281 views1 page

Mendoza Vs UCPB

The Court of Appeals did not err in dismissing the petitioners' appeal. The petitioners filed a brief appealing the dismissal of their case by the Regional Trial Court. However, the petitioners' brief did not include a subject index, which is required by the Rules of Civil Procedure. The subject index provides references to help facilitate appellate review. Without an index, the appellate court risks being overwhelmed by voluminous documents. Therefore, the Court of Appeals properly dismissed the appeal due to the petitioners' failure to comply with briefing requirements.

Uploaded by

keithnavalta
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Mendoza vs. United Coconut Planters Bank, Inc., 641 SCRA 333, G.R. No.

165575 February 2, 2011

FACTS: Petitioner Adelia Mendoza, attorney-in-fact of petitioner Alice Malleta, filed a Complaint for
annulment of titles, foreclosure proceedings and certificate of sale with the Regional Trial Court (RTC) of
Lipa City, Fourth Judicial Region.

The RTC dismissed the case of petitioners and ruled in favor of UCPB. Thus, petitioner appealed to the
CA.

Respondent filed a Motion to Dismiss Appeal on the ground that the Appellant’s Brief failed to comply
with the requirements under Section 13, Rule 44 of the Rules of Civil Procedure. Respondent contended
that the absence of a specific assignment of errors or of page references to the record in the Appellants’
Brief is a ground for dismissal of the appeal under Section 1 (f), Rule 50 of the 1997 Rules of Civil
Procedure.23

ISSUE: Whether or not the Court of Appeals erred in dismissing petitioners’ appeal on the ground that
their Appellants’ Brief failed to comply with the Rules of Civil Procedure.

RULING: No. In this case, the Appellants’ Brief of petitioners did not have a subject index. It held that the
first requirement of an appellant’s brief is a subject index. The index is intended to facilitate the review
of appeals by providing ready reference, functioning much like a table of contents. Unlike in other
jurisdictions, there is no limit on the length of appeal briefs or appeal memoranda filed before appellate
courts. The danger of this is the very real possibility that the reviewing tribunal will be swamped with
voluminous documents. This occurs even though the rules consistently urge the parties to be “brief” or
“concise” in the drafting of pleadings, briefs, and other papers to be filed in court.

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