This case has been cited 43 times or more.
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2006-06-30 |
AZCUNA, J. |
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| At the outset, it must be emphasized that the right to appeal is neither a natural right nor a part of due process. It is merely a statutory privilege and may be exercised only in the manner and in accordance with the provisions of law. Thus, one who seeks to avail of the right to appeal must comply with the requirements of the Rules. Failure to do so often leads to the loss of the right to appeal.[13] | |||||
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2006-06-27 |
AUSTRIA-MARTINEZ, J. |
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| Fortunately, however, for petitioners, the Court recently modified the rule on the counting of the 15-day period within which to appeal. In the precedent-setting case of Neypes v. Court of Appeals,[17] the Court categorically set a fresh period of 15 days from a denial of a motion for reconsideration within which to appeal, thus: The Supreme Court may promulgate procedural rules in all courts. It has the sole prerogative to amend, repeal or even establish new rules for a more simplified and inexpensive process, and the speedy disposition of cases. In the rules governing appeals to it and to the Court of Appeals, particularly Rules 42, 43 and 45, the Court allows extensions of time, based on justifiable and compelling reasons, for parties to file their appeals. These extensions may consist of 15 days or more. | |||||
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2006-02-27 |
YNARES-SANTIAGO, J. |
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| The right to appeal is neither a natural right nor a part of due process. It is merely a statutory privilege and may be exercised only in the manner and in accordance with the provisions of law. Thus, one who seeks to avail of the right to appeal must comply with the requirements of the Rules. Non-compliance therewith results in the loss of the right to appeal.[12] The perfection of an appeal in the manner and within the period set by law is not only mandatory, but jurisdictional as well. Failure to perfect an appeal renders the judgment appealed from final and executory.[13] | |||||