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MANUEL D. MEDIDA v. CA AND SPS. ANDRES DOLINO AND PASCUALA DOLINO

This case has been cited 2 times or more.

2013-09-09
PERLAS-BERNABE, J.
Jurisprudence dictates that the appellee's role in the appeal process is confined only to the task of refuting the assigned errors interposed by the appellant. Since the appellee is not the party who instituted the appeal and accordingly has not complied with the procedure prescribed therefor,he merely assumes a defensive stance and his interest solely relegated to the affirmance of the judgment appealed from. Keeping in mind that the right to appeal is essentially statutory in character, it is highly erroneous for the appellee to either assign any error or seek any affirmative relief or modification of the lower court's judgment without interposing its own appeal.As held in the case of Medida v. CA:[34]