This case has been cited 3 times or more.
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2009-11-24 |
DEL CASTILLO, J. |
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| Petitioners correctly argue that the Credit Cooperative has no locus standi on appeal, since it failed to file a notice of appeal to the RTC's September 14, 1999 Decision granting the motion for summary judgment. It was only the Union which appealed the case through a notice of appeal filed by its counsel, Atty. Luciano R. Caraang (Atty. Caraang). There is also no showing that Atty. Caraang represented both the Union and the Credit Cooperative in filing such notice of appeal. In fact, the Credit Cooperative did not deny its failure to file an appeal; however, it argued that it filed with the Court of Appeals an appellant's brief in compliance with the appellate court's directive to submit one. Suffice it to state that the Court of Appeals' directive for the Credit Cooperative to file its brief did not clothe the Credit Cooperative with locus standi on appeal. The purpose of the filing of the brief is merely to present, in coherent and concise form, the points and questions in controversy, and by fair argument on the facts and law of the case, to assist the court in arriving at a just and proper conclusion.[54] The Court of Appeals may have ordered the Credit Cooperative to submit its brief to enable it to properly dispose of the case on appeal. However, in the Credit Cooperative's brief, not only did it ask for the reversal of the Summary Judgment but also prayed for the return of its garnished funds. This cannot be allowed. It would be grave error to grant the relief prayed for without violating the well-settled rule that a party who does not appeal from the decision may not obtain any affirmative relief from the appellate court other than what he has obtained from the lower court, if any, whose decision is brought up on appeal.[55] The rule is clear that no modification of judgment could be granted to a party who did not appeal.[56] | |||||
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2008-10-17 |
REYES, R.T., J. |
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| The importance of an appellant's brief cannot be gainsaid. Its purpose is two-fold: (1) to present to the court in coherent and concise form the point and questions in controversy; and (2) to assist the court in arriving at a just and proper conclusion.[52] It is considered a vehicle of counsel to convey to the court the essential facts of a client's case, a statement of the questions of law involved, the law to be applied, and the application one desires of it by the court.[53] | |||||
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2001-10-17 |
QUISUMBING, J. |
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| On the matter of the certification against forum-shopping, petitioners aver that they attached one in the copy intended for this Court. This is substantial compliance. A deviation from a rigid enforcement of the rules may be allowed to attain their prime objective for, after all, the dispensation of justice is the core reason for the court's existence.[11] | |||||