This case has been cited 2 times or more.
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2011-06-08 |
VELASCO JR., J. |
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| Even assuming that the omitted documents were material to the appeal, the appellate court, instead of dismissing outright the petition, could have just required petitioners to submit the necessary documents. In Spouses Espejo v. Ito,[35] the Court held that "under Section 3 (d), Rule 3 of the Revised Internal Rules of the Court of Appeals,[36] the Court of Appeals is with authority to require the parties to submit additional documents as may be necessary to promote the interests of substantial justice." | |||||
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2010-08-03 |
BRION, J. |
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| Appeal is not a natural right but a mere statutory privilege, thus, appeal must be made strictly in accordance with the provision set by law.[25] Rule 43 of the Rules of Court provides that appeals from the judgment of the VA shall be taken to the CA, by filing a petition for review within fifteen (15) days from the receipt of the notice of judgment.[26] Furthermore, upon the filing of the petition, the petitioner shall pay to the CA clerk of court the docketing and other lawful fees;[27] non-compliance with the procedural requirements shall be a sufficient ground for the petition's dismissal.[28] Thus, payment in full of docket fees within the prescribed period is not only mandatory, but also jurisdictional.[29] It is an essential requirement, without which, the decision appealed from would become final and executory as if no appeal has been filed.[30] | |||||