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ANDRES T. MELENCION v. SANDIGANBAYAN

This case has been cited 4 times or more.

2011-08-31
PERALTA, J.
It must be emphasized, however, that the designation of the wrong court does not necessarily affect the validity of the notice of appeal. However, the designation of the proper court should be made within the 15-day period to appeal. Once made within the said period, the designation of the correct appellate court may be allowed even if the records of the case are forwarded to the Court of Appeals. Otherwise, Section 2, Rule 50 of the Rules of Court would apply,[18] the relevant portion of which states: Sec. 2. Dismissal of improper appeal to the Court of Appeals. - x x x
2011-02-23
MENDOZA, J.
This was strictly applied by the Court in the cases of Melencion v. Sandiganbayan[20] and Estarija v. People,[21] where it ruled that the CA committed no grave abuse of discretion in dismissing the petitions erroneously filed before it.
2009-07-17
CARPIO, J.
In Melencion v. Sandiganbayan,[15] we ruled: An error in designating the appellate court is not fatal to the appeal. However, the correction in designating the proper appellate court should be made within the 15-day period to appeal. Once made within the said period, the designation of the correct appellate court may be allowed even if the records of the case are forwarded to the Court of Appeals. Otherwise, the second paragraph of Section 2, Rule 50 of the Rules of court would apply. The second paragraph of Section 2, Rule 50 of the Rules of Court reads: