"In this case, however, the counsel for petitioners filed the Notice of Appeal
via a private courier, a mode of filing not provided in the Rules. Though not
prohibited by the Rules, we cannot consider the filing of petitioners’ Notice of Appeal via LBC timely filed. It is established jurisprudence that “the date of delivery of pleadings to a private letter-forwarding agency is not to be considered as the date of filing thereof in court;” instead, “the date of actual receipt by the court x x x is deemed the date of filing of that pleading.”42 Records show that the Notice of Appeal was mailed on the 15th day and was received by the court on the 16th day or one day beyond the reglementary period. Thus, the CA correctly ruled that the Notice of Appeal was filed out of time."
Read -
HEIRS OF NUMERIANO MIRANDA, SR.,
namely: CIRILA (deceased), CORNELIO,
NUMERIANO, JR., ERLINDA, LOLITA,
RUFINA, DANILO, ALEJANDRO,
FELIMON, TERESITA, ELIZABETH
and ANALIZA, all surnamed MIRANDA,
Petitioners,
-versus-
PABLO R. MIRANDA,
Respondent.
G.R. No. 179638
July 8, 2013.
