This case has been cited 6 times or more.
|
2015-09-23 |
LEONEN, J. |
||||
| These provisions use "shall," indicating that these rules are mandatory and compulsory.[60] To perfect an appeal, it is the appellant's duty to submit a memorandum of appeal.[61] | |||||
|
2009-07-21 |
NACHURA, J. |
||||
| By express mandate of the said Rule, the appellant is duty-bound to submit his memorandum on appeal. Such submission is not a matter of discretion on his part. His failure to comply with this mandate or to perform this duty will compel the RTC to dismiss his appeal.[18] | |||||
|
2008-07-14 |
AUSTRIA-MARTINEZ, J. |
||||
| It is true that the Rules should be interpreted so as to give litigants ample opportunity to prove their respective claims and that a possible denial of substantial justice due to legal technicalities should be avoided. But it is equally true that an appeal being a purely statutory right, an appealing party must strictly comply with the requisites laid down in the Rules of Court. In other words, he who seeks to avail of the right to appeal must play by the rules. This the petitioner failed to do when she did not submit her memorandum of appeal in Civil Case No. 12044 as required by Rule 40, Section 7 of the 1997 Rules of Civil Procedure. That she lost her case is not the trial court's fault but her own.[15] The aforequoted ruling of the Court was reiterated in the more recent case of Gonzales v. Gonzales.[16] | |||||
|
2008-01-28 |
NACHURA, J. |
||||
| Second, well-settled is the principle that a decision that has acquired finality becomes immutable and unalterable, and may no longer be modified in any respect even if the modification is meant to correct erroneous conclusions of fact or law and whether it will be made by the court that rendered it or by the highest court of the land.[22] The reason for this is that litigation must end and terminate sometime and somewhere, and it is essential to an effective and efficient administration of justice that, once a judgment has become final, the winning party, through a mere subterfuge, be not deprived of the fruits of the verdict.[23] | |||||
|
2007-11-23 |
CHICO-NAZARIO, J. |
||||
| [T]he appellant's brief is mandatory for the assignment of errors is vital to the decision of the appeal on the merits. This is because on appeal only errors specifically assigned and properly argued in the brief or memorandum will be considered, except those affecting jurisdiction over the subject matter as well as plain and clerical errors. Otherwise stated, an appellate court has no power to resolve an unassigned error, which does not affect the court's jurisdiction over the subject matter, save for a plain or clerical error. Thus, in Casim v. Flordeliza,[18] this Court affirmed the dismissal of an appeal, even when the filing of an appellant's brief was merely attended by delay and fell short of some of the requirements of the Rules of Court. The Court, in Gonzales v. Gonzales,[19] reiterated that it is obligatory on the part of the appellant to submit or file a memorandum of appeal, and that failing such duty, the Rules of Court unmistakably command the dismissal of the appeal. | |||||
|
2006-08-22 |
AUSTRIA-MARTINEZ, J. |
||||
| An order of the RTC dismissing an appeal from a decision of the MeTC for failure of appellant to file a memorandum on appeal is one such final order.[42] It is appealable by petition for review under Rule 42.[43] | |||||