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ROMEO CABELLAN v. CA

This case has been cited 2 times or more.

2007-02-21
YNARES-SANTIAGO, J.
The perfection of an appeal within the period and in the manner prescribed by law is jurisdictional and non-compliance with such legal requirements is fatal and has the effect of rendering the judgment final and executory.[11]  The limitation on the period of appeal is not without reason. They must be strictly followed as they are considered indispensable to forestall or avoid unreasonable delays in the administration of justice, to ensure an orderly discharge of judicial business, and to put an end to controversies.[12]  Though as a general rule, rules of procedures are liberally construed, the provisions with respect to the rules on the manner and periods for perfecting appeals are strictly applied and are only relaxed in very exceptional circumstances on equitable considerations,[13] which are not present in the instant case.
2001-12-07
QUISUMBING, J.
In Cabellan vs. Court of Appeals, the petition for certiorari was filed more than seven (7) months after the RTC affirmed the decision of the MTC ordering the ejectment of petitioner. This Court declared that the petition should be dismissed for having been filed after an unreasonable period of time. A period of seven (7) months is more than the period considered reasonable for filing such petition.[16]