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AIR FRANCE PHILIPPINES v. JUDGE EMILIO L. LEACHON

This case has been cited 5 times or more.

	GR No. 172458 2011-12-14	PHILIPPINE NATIONAL BANK v. CIR LEONARDO-DE CASTRO, J.
This Court agrees with the CTA En Banc that PNB has not demonstrated any cogent reason for this Court to take an exception and excuse PNB's blatant disregard of the basic procedural rules in a petition for review. Furthermore, the timely perfection of an appeal is a mandatory requirement. One cannot escape the rigid observance of this rule by claiming oversight, or in this case, lack of foresight. Neither can it be trifled with as a "mere technicality" to suit the interest of a party. Verily, the periods for filing petitions for review and for certiorari are to be observed religiously. "Just as [the] losing party has the privilege to file an appeal within the prescribed period, so does the winner have the x x x right to enjoy the finality of the decision."[43] In Air France Philippines v. Leachon,[44] we held: Procedural rules setting the period for perfecting an appeal or filing an appellate petition are generally inviolable. It is doctrinally entrenched that appeal is not a constitutional right but a mere statutory privilege. Hence, parties who seek to avail of the privilege must comply with the statutes or rules allowing it. The requirements for perfecting an appeal within the reglementary period specified in the law must, as a rule, be strictly followed. Such requirements are considered indispensable interdictions against needless delays, and are necessary for the orderly discharge of the judicial business. For sure, the perfection of an appeal in the manner and within the period set by law is not only mandatory, but jurisdictional as well. Failure to perfect an appeal renders the judgment appealed from final and executory.[45]
	GR Nos. 178034 & 178117; GR Nos. 186984-85 2009-09-18	ANDREW JAMES MCBURNIE YNARES-SANTIAGO, J.
Time and again, it has been held that the right to appeal is not a constitutional right, but a mere statutory privilege. Hence, parties who seek to avail themselves of it must comply with the statutes or rules allowing it.[41] To reiterate, perfection of an appeal in the manner and within the period permitted by law is mandatory and jurisdictional. The requirements for perfecting an appeal must, as a rule, be strictly followed. Such requirements are considered indispensable interdictions against needless delays and are necessary for the orderly discharge of the judicial business. Failure to perfect the appeal renders the judgment of the court final and executory.[42] Just as a losing party has the privilege to file an appeal within the prescribed period, so does the winner also have the correlative right to enjoy the finality of the decision.[43] Thus, the propriety of the monetary awards of the Labor Arbiter is already binding upon this Court, much more with the Court of Appeals.
	GR No. 180755 2009-06-19	PEDIATRICA v. JOSELITO T. RAFAELES NACHURA, J.
Indeed, this Court had, on numerous occasions, veered away from the general rule and relaxed the application of technical rules when, in its assessment, the appeal on its face appeared absolutely meritorious. Truly, the Court had, in a number of instances, relaxed procedural rules in order to serve and achieve substantial justice.[20]
	GR NO. 173253 2006-10-30	DR. RENATO S. MUÑEZ v. PABLITO L. JOMO GARCIA, J.
The Court may deign to veer away from the general rule only if, in its assessment, the appeal on its face appears absolutely meritorious.[7] In the circumstances obtaining in this case, however, the occasion does not warrant the desired relaxation.
	GR NO. 167234 2006-02-27	TEODORO C. BORLONGAN v. RAFAEL B. BUENAVENTURA YNARES-SANTIAGO, J.
The right to appeal is neither a natural right nor a part of due process. It is merely a statutory privilege and may be exercised only in the manner and in accordance with the provisions of law. Thus, one who seeks to avail of the right to appeal must comply with the requirements of the Rules. Non-compliance therewith results in the loss of the right to appeal.[12] The perfection of an appeal in the manner and within the period set by law is not only mandatory, but jurisdictional as well. Failure to perfect an appeal renders the judgment appealed from final and executory.[13]