This case has been cited 4 times or more.
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2014-08-18 |
BERSAMIN, J. |
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| The memoranda on appeal the parties respectively filed in the RTC were the fourth kind of omitted documents. In respect of the petitioner, his memorandum, which was due to be filed within 15 days from the filing of his notice of appeal as required by Section 7, Rule 40 of the Rules of Court,[22] would have specified and supported the errors he imputed to the MTC. Such filing in the RTC could not be dispensed with, for the RTC would consider only the errors specifically assigned and argued in his memorandum, except errors affecting jurisdiction over the subject matter as well as plain and clerical errors.[23] If the memorandum was not filed, the appeal could be dismissed. [24] Unless his memorandum was part of his petition for review, therefore, the CA would likely find his appeal frivolous, or even consider it dismissible pursuant to Section 3, Rule 42, supra. On their part, the respondents were required to file their own memorandum on appeal within a similar period of 15 days from receipt of the petitioner's memorandum of appeal. For the petitioner to omit the respondents' memorandum from his petition for review was inherently unfair because they had therein submitted matters precisely to sustain the judgment of the MTC in their favor. Indeed, the memoranda on appeal of the parties were relevant in the proper consideration and resolution of the merits of the appeal of the petitioner. | |||||
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2009-06-22 |
CORONA, J. |
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| As the correctness of the CA's ruling regarding (1) the lack of agreement on the deposit and rentals; (2) respondents' breach of the terms of the verbal agreement and (3) the lack of valid rescission by petitioner was never put in issue, this decision will be confined only to the issues raised by petitioner, that is, the award of reimbursement and the deletion of the award of damages. It need not be stressed that an appellate court will not review errors that are not assigned before it, save in certain exceptional circumstances and those affecting jurisdiction over the subject matter as well as plain and clerical errors, none of which is present in this case.[16] | |||||
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2009-06-19 |
QUISUMBING, J. |
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| The rule is clear. It is obligatory on the part of petitioner to file his memorandum on appeal within fifteen days from receipt of the notice to file the same; otherwise, his appeal will be dismissed. In Enriquez v. Court of Appeals,[20] we ruled:x x x The use of the word "shall" in a statute or rule expresses what is mandatory and compulsory. Further, the Rule imposes upon an appellant the "duty" to submit his memorandum. A duty is a "legal or moral obligation, mandatory act, responsibility, charge, requirement, trust, chore, function, commission, debt, liability, assignment, role, pledge, dictate, office, (and) engagement." Thus, under the express mandate of 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 said duty will compel the RTC to dismiss his appeal. | |||||
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2004-11-25 |
YNARES-SATIAGO, J. |
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| The right to appeal is a purely statutory right. Not being a natural right or a part of due process, the right to appeal may be exercised only in the manner and in accordance with the rules provided therefor. Failure to bring an appeal within the period prescribed by the rules renders the judgment appealed from final and executory.[23] However, it is always within the power of this Court to suspend its own rules, or to except a particular case from its operations, whenever the purposes of justice require it.[24] | |||||