Gregorio Arong, et al. v. Victor Wajing, et al.

Republic of the Philippines
SUPREME COURT
Manila

EN BANC

G.R. No. L-13034             May 30, 1960

GREGORIO ARONG, ET AL.,petitioners-appellants,
vs.
VICTOR WAJING, ET AL.,respondents-appellees.

Martin N. Francisco for appellants.
Assistant Provincial Fiscal Ananias V. Marilao and Nasario R. Pacquiao for appellees.

PARAS,C. J.:

This is an appeal from a decision of the Court of First Instance of Cebu upholding the legality of the petitioners' removal from office by the respondent Mayor, Victor Wajing. Appellants were former temporary employees of the municipality of Cordova, Cebu.

In violation of Section 17, Rule 48, of the Rules of Court, the appellants' brief does not contain an assignment of errors. Dismissal of the appeal is in order, not only because want of specific assignment of errors in the appellants' brief is a ground therefor under section 1 (f) of Rule 52, but because section 5 of Rule 53 provides that no error which does not affect the jurisdiction over the subject matter will be considered unless stated in the assignment of errors. We have time and again enforced said reglementary provisions, and there is nothing in the present case to warrant its exclusion from the established practice.

Wherefore, the appeal is dismissed with costs against the appellants. So ordered.

Bengzon, Montemayor, Bautista Angelo, Labrador, Concepcion, Barrera and Gutierrez David, JJ.,concur.