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SALVADOR K. MOLL v. MAMERTO M. BUBAN

This case has been cited 2 times or more.

2011-08-31
PERALTA, J.
This is a petition for review on certiorari seeking to reverse and set aside the Resolution[1] dated September 6, 2006 and Resolution dated October 17, 2006[2] of the Court of Appeals (CA) in CA-G.R. CR No. 29694.
2006-06-30
YNARES-SANTIAGO, J.
Before going into the merits of the case, we must first resolve the procedural issue of whether the Sandiganbayan correctly dismissed the appeal.  The Sandiganbayan anchored its dismissal on this Court's pronouncement in Moll v. Buban[14] 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, the relevant portion of which states:Sec. 2.  Dismissal of improper appeal to the Court of Appeals.