This case has been cited 1 times or more.
|
2009-07-23 |
PERALTA, J. |
||||
| In National Power Corporation v. Vine Development Corporation,[56] it was held that under Section 2(a), Rule 41[57] of the Revised Rules of Court, which pertains to ordinary appeals, the notice of appeal is filed in the very same court that rendered the assailed decision. Since the notice was filed before the RTC, the NAPOCOR lawyers acted clearly within their authority. Indeed, their action ensured that the appeal was filed within the reglementary period. Regardless of which mode of appeal is used, the appeal itself is presumed beneficial to the government; hence, it should be allowed. After all, the OSG may withdraw it, if it believes that the appeal will not advance the government's cause. This case affirmed the authority of National Power Corporation's lawyers to file notices of appeal of adverse decisions rendered by the trial courts. | |||||