SC remands food firm’s property case to CA

The Supreme Court has granted a petition filed by Zamboanga-based food manufacturer Mega Fishing Corporation (MFC) seeking to pursue its claim to a 1,667-square-meter property in Navotas purchased by the company 23 years ago.

In a resolution written by Associate Justice Ramon Paul Hernando uploaded online April 18, the SC’s Second Division in ruling in favor of MFC’s petition, remanded the case to the Court of Appeals (CA) and directed the CA “to proceed with the proceedings with dispatch.”

The case had been taken to the CA by MFC after a Manila court in 2011 said that it was not a buyer in good faith when it purchased the property located in North Boulevard, C-3 Road, Navotas for PHP9.6 million.

However, the case had been terminated by the CA on July 22, 2014 after it denied the motion by MFC’s lawyers to file an appellant’s brief beyond the deadline set by the rules.

The CA denied the motion to admit appellant’s brief, saying it had been filed out of time on Feb. 6, 2014 or 18 days after an extension was granted by the CA on Dec. 19, 2013.

The CA originally required MFC to file the said brief on August 15 of that year but MFC’s lawyer claimed it had only belatedly discovered the notice months later.

In ruling for MFC, the court said it notes “that MFC stands to lose its property rights due to a technicality for the belated filing of its appellant’s brief to its former counsel’s negligence”.

“We are of the view that the belated filing of its brief was an honest mistake and not an attempt to delay the proceedings of the case. We find that the disposition of this case on the merits will best serve the ends of justice,” the court said.

Source: Philippines News Agency

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