This case has been cited 1 times or more.
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2009-09-30 |
BERSAMIN, J. |
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| Consequently, the CA's dismissal of the Dadizons' appeal was proper. Sec. 2, Rule 50 of the Rules of Court[14] pronounces that "an appeal by notice of appeal instead of by petition for review from the appellate judgment of a Regional Trial Court shall be dismissed." The dismissal was also unavoidable notwithstanding that the procedural rules might be liberally construed,[15] because the provisions of law and the rules concerning the manner and period of appeal were mandatory and jurisdictional requirements essential to enable the appellate court to take cognizance of the appeal.[16] According to Dee Hwa Liong Electronics Corporation v. Papiona,[17] the liberal construction of the rules - authorized by Sec. 6, Rule 1, Rules of Court, in order to promote their objective of securing a just, speedy and inexpensive disposition of every action and proceeding - cannot be made the vehicle by which to ignore the Rules of Court at will and at random to the prejudice of the orderly presentation and assessment of the issues and their just resolution. | |||||