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2015-06-17 |
PERLAS-BERNABE, J. |
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Finally, in view of respondent’s availment of a wrong mode of appeal via notice of appeal stating that it was elevating the case to the CA – instead of appealing by way of a petition for review to the CTA within thirty (30) days from receipt of a copy of the RTC’s August 3, 2012 Order, as required by Section 11 of RA 1125, as amended by Section 9 of RA 9282[43] – the Court is constrained to deem the RTC’s dismissal of respondent’s collection case against petitioner final and executory. It is settled that the perfection of an appeal in the manner and within the period set by law is not only mandatory, but jurisdictional as well, and that failure to perfect an appeal within the period fixed by law renders the judgment appealed from final and executory.[44] The Court’s pronouncement in Team Pacific Corporation v. Daza[45] is instructive on this matter, to wit:[46] |