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ACTIVE REALTY v. BIENVENIDO FERNANDEZ

This case has been cited 6 times or more.

	GR No. 190823 2011-04-04	DOMINGO CARABEO v. VS.SPS. NORBERTO CARPIO MORALES, J.
In another vein, the death of a client immediately divests the counsel of authority.[14] Thus, in filing a Notice of Appeal, petitioner's counsel of record had no personality to act on behalf of the already deceased client who, it bears reiteration, had not been substituted as a party after his death. The trial court's decision had thereby become final and executory, no appeal having been perfected.
	GR No. 172077 2009-10-09	BICOL AGRO-INDUSTRIAL PRODUCERS COOPERATIVE v. EDMUNDO O. OBIAS PERALTA, J.
In Active Realty and Development Corporation v. Fernandez,[37] this Court discussed the difference between petitions filed under Rule 65 and Rule 45, viz:A petition for certiorari under Rule 65 is proper to correct errors of jurisdiction committed by the lower court, or grave abuse of discretion which is tantamount to lack of jurisdiction. This remedy can be availed of when "there is no appeal, or any plain, speedy, and adequate remedy in the ordinary course of law."
	GR No. 184915 2009-06-30	NILO T. PATES v. COMELEC BRION, J.
(3) Active Realty and Development Corporation v. Fernandez[4] which, following Neypes, applied the fresh period rule to ordinary appeals from the decisions of the Municipal Trial Court to the Regional Trial Court; and
	GR No. 156302 2009-04-07	HEIRS OF GEORGE Y. POE v. MALAYAN INSURANCE COMPANY CHICO-NAZARIO, J.
The fresh period of 15 days becomes significant when a party opts to file a motion for new trial or motion for reconsideration. In this manner, the trial court which rendered the assailed decision is given another opportunity to review the case and, in the process, minimize and/or rectify any error of judgment.[40] With the advent of the fresh period rule, parties who availed themselves of the remedy of motion for reconsideration are now allowed to file a notice of appeal within fifteen days from the denial of that motion.[41]
	GR No. 167403 2008-08-06	MAKATI INSURANCE CO. v. WILFREDO D. REYES CHICO-NAZARIO, J.
With the advent of the "fresh period rule," parties who availed themselves of the remedy of motion for reconsideration are now allowed to file a notice of appeal within fifteen days from the denial of that motion.[28]
	GR No. 173956 2008-08-06	FRISCO F. SAN JUAN v. SANDIGANBAYAN YNARES-SATIAGO, J.
While it is true that any motion that does not comply with the requirements of Rule 15 should not be accepted for filing and, if filed, is not entitled to judicial cognizance, however, this Court has likewise held that where a rigid application of the rule will result in a manifest failure or miscarriage of justice, technicalities may be disregarded in order to resolve the case.[16] Besides, in the exercise of its equity jurisdiction, the court may disregard procedural lapses, so that a case may be resolved on its merits based on the evidence presented by the parties.[17] Moreover, under the above-cited Rule, the Court is granted the authority to set the hearing on shorter notice upon showing of good cause.