Monday, September 10, 2018

Appeal; the parties who had not appealed in due time could not legally ask for the modification of the judgment or obtain affirmative relief from the appellate court.

In GREGORIO DE LEON, doing business as G.D.L. MARKETING, Petitioner, vs. HERCULES AGRO INDUSTRIAL CORPORATION and/or JESUS CHUAAND RUMI RUNGIS MILK, Respondents, G.R. No. 183239, June 2, 2014, the issue for resolution was “whether the CA erred when it ordered petitioner's appellant's brief filed with it be stricken off the records.” In that case, the Court held that the right to appeal was a statutory right and the one who sought to avail that right must comply with the statute or rules. The requirements for perfecting an appeal within the reglementary period specified in the law must be strictly followed as they are considered indispensable interdictions against needless delays. The CA correctly ordered in De Leon, supra, that petitioner's appellant's brief be stricken off the records because the parties who had not appealed in due time could not legally ask for the modification of the judgment or obtain affirmative relief from the appellate court.