G.R. No. 152150. December 10, 2008.
Main Topic – Rule 50.
FACTS
Unibandcard, engaged in the business of extending credit accommodations, instituted a collection suit against Spouses Padua. During the pre-trial, petitioners filed a motion to declare Unibancard non-suited due to insufficiency of the Special Power of Attorney (SPA) executed by Unibancard to authorize Atty. Noel Mingoa to appear in its behalf. The RTC granted the motion and dismissed the case. Unibancard filed a Notice of Appeal Ad Cautelam with the Court of Appeals, however, they failed to file appellant’s brief within the period provided by the Court. They explained that a computer virus plagued all the computers of its counsel’s law firm and rendered the file containing its appellant’s brief inaccessible. Spouses Padua filed a Motion to Dismiss Appeal on the ground that the Notice of Appeal was filed beyond the 15-day reglementary period to appeal under Rule 45 of the Rules of Court. The CA denied motion to dismiss appeal and Motion for reconsideration for the denial the dismissal of appeal.