This case has been cited 2 times or more.
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2008-07-14 |
QUISUMBING, J. |
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| Failure to perfect an appeal renders the decision final and executory.[15] The right to appeal is a statutory right and one who seeks to avail of the right must comply with the statute or the rules. The rules, particularly 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 and for the orderly discharge of judicial business.[16] It is only in highly meritorious cases that this Court will opt not to strictly apply the rules and thus prevent a grave injustice from being done.[17] The exception does not obtain here. Thus, we are in agreement that the decision of the Labor Arbiter already became final and executory because petitioner failed to file the appeal within 10 calendar days from receipt of the decision. | |||||
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2005-04-11 |
CALLEJO, SR., J. |
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| It is axiomatic that an appeal is only a statutory privilege and it may only be exercised in the manner provided by law.[25] The timely perfection of an appeal is a mandatory requirement, which cannot be trifled with as a "mere technicality" to suit the interest of a party.[26] However, in some instances, the Court has allowed a liberal application of the rules of procedure. After all, they are mere tools designed to expedite the decision or resolution of cases and other matters pending in court - a strict and rigid application of technicalities that tend to frustrate rather than promote substantial justice must be avoided.[27] | |||||