Tuesday, April 23, 2013

Right to appeal - sc.judiciary.gov.ph/jurisprudence/2013/april2013/181182.pdf

see  - sc.judiciary.gov.ph/jurisprudence/2013/april2013/181182.pdf


"x x x.


The Court denies the Petition.

Petitioner’s case is not unique, and there is no compelling reason to accord
it the privilege it now seeks.

“[T]he right to appeal is neither a natural right nor [is it a component] of
due process[. I]t is a mere statutory privilege, and may be exercised only in the manner and in accordance with the provisions of law.”32 This being so,
x x x an appealing party must strictly comply with the requisites laid down in the Rules of Court. Deviations from the Rules cannot be tolerated. The rationale for this strict attitude is not difficult to appreciate as the Rules are designed to facilitate the orderly disposition of appealed cases. In an age where courts are bedeviled by clogged dockets, the Rules need to be followed by appellants with greater fidelity. Their observance cannot be left to the whims and caprices of appellants. x x x 33

In this case, petitioner must comply with the following requirements laid
down in Rule 42 of the Rules of Court:

Section 1. How appeal taken; time for filing.

A party desiring to appeal from a decision of the Regional Trial Court
rendered in the exercise of its appellate jurisdiction may file a verified petition for review with the Court of Appeals, paying at the same time to the clerk of said court the corresponding docket and other lawful fees, x x x. The petition shall be filed and served within fifteen (15) days from notice of the decision sought to be reviewed or of the denial of petitioner’s motion for new trial or reconsideration x x x. Upon proper motion x x x, the Court of Appeals may grant an additional period of fifteen (15) days only within which to file the petition for review. No further extension shall be granted except for the most compelling reason and in no case to exceed fifteen (15) days.

Sec. 2. Form and contents.

The petition shall be x x x accompanied by x x x copies x x x of the
pleadings and other material portions of the record as would support the
allegations of the petition.


The petitioner shall also submit together with the petition a
certification under oath that he has not theretofore commenced any other
action involving the same issues in the Supreme Court, the Court of Appeals or different divisions thereof, or any other tribunal or agency; if there is such other action or proceeding, he must state the status of the same; and if he should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or different divisions thereof, or any other tribunal or agency, he undertakes to promptly inform the aforesaid courts and other tribunal or agency thereof within five (5) days therefrom.

In addition, the Rules also require that the Petition must be verified or
accompanied by an affidavit by which the affiant attests under oath that he “has read the pleading and that the allegations therein are true and correct of his personal knowledge or based on authentic records.”34

And finally, Section 3 of Rule 42 provides that non-compliance “with any of the foregoing requirements regarding the payment of the docket and other lawful fees, x x x and the contents of and the documents which should accompany the petition shall be sufficient ground for the dismissal thereof.”

 Records show that petitioner failed to comply with the foregoing rules.

x x x."