This case has been cited 3 times or more.
|
2012-04-18 |
PEREZ, J. |
||||
| It cannot, therefore, be gainsaid that the outcome of the first phase of expropriation proceedings be it an order of expropriation or an order of dismissal finally disposes of the case and is, for said reason, final. The same is true of the second phase that ends with an order determining the amount of just compensation[34] which, while essential for the transfer of ownership in favor of the plaintiff, is but the last stage of the expropriation proceedings and the outcome of the initial finding by the court that the plaintiff has a lawful right to take the property sought to be expropriated, for the public use or purpose described in the complaint.[35] In the same manner that the order of expropriation may be appealed by any party by filing a record on appeal, a second and separate appeal may likewise be taken from the order fixing the just compensation. Indeed, jurisprudence recognizes the existence of multiple appeals in a complaint for expropriation because of said two stages in every action for expropriation.[36] | |||||
|
2010-03-26 |
DEL CASTILLO, J. |
||||
| Multiple appeals are allowed in special proceedings, in actions for partition of property with accounting, in the special civil actions of eminent domain and foreclosure of mortgage.[9] The rationale behind allowing more than one appeal in the same case is to enable the rest of the case to proceed in the event that a separate and distinct issue is resolved by the court and held to be final.[10] In such a case, the filing of a record on appeal becomes indispensable since only a particular incident of the case is brought to the appellate court for resolution with the rest of the proceedings remaining within the jurisdiction of the trial court.[11] | |||||
|
2009-07-23 |
PERALTA, J. |
||||
| Petitioner's argument is self-defeating, considering that it did not file any record on appeal within the reglementary period provided by the Rules after its receipt of the trial court's order. Further, the filing of a record on appeal is no longer necessary, as the RTC has fully resolved all the issues in the present case. In the recent case of Marinduque Mining and Industrial Corporation and Industrial Enterprises, Inc. v. Court of Appeals and National Power Corporation,[48] the Court held that no record on appeal shall be required, except in special proceedings and other cases of multiple or separate appeals where the law or the rules so require. The reason for multiple appeals in the same case is to enable the rest of the case to proceed in the event that a separate and distinct issue is resolved by the trial court and held to be final. In such case, the filing of a record on appeal becomes indispensable only when a particular incident of the case is brought to the appellate court for resolution with the rest of the proceedings remaining within the jurisdiction of the trial court. Hence, if the trial court has already fully and finally resolved all conceivable issues in the complaint for expropriation, then there is no reason why the original records of the case must remain with the trial court. Therefore, there was no need to file a record on appeal because the original records would already be sent to the appellate court. | |||||