This case has been cited 4 times or more.
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2011-09-07 |
BERSAMIN, J. |
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| The right to appeal is a mere statutory privilege, and should be exercised only in the manner prescribed by law.[36] The statutory nature of the right to appeal requires the one who avails himself of it to strictly comply with the statutes or rules that are considered indispensable interdictions against needless delays and for an orderly discharge of judicial business. In the absence of highly exceptional circumstances warranting their relaxation, like when the loftier demands of substantial justice and equity require the relaxation,[37] or when there are other special and meritorious circumstances and issues,[38] such statutes or rules should remain inviolable.[39] | |||||
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2008-11-03 |
QUISUMBING, J. |
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| An ejectment suit is an action in personam wherein judgment is binding only upon parties properly impleaded and given an opportunity to be heard.[21] Petitioners were not made party-defendants by the Nisperoses. Hence, they can be bound by said judgment in the ejectment suit, even if they were not impleaded as defendants, only if they are shown to be (a) trespassers, squatters or agents of the defendant fraudulently occupying the property to frustrate the judgment; (b) guests or other occupants of the premises with the permission of the defendant; (c) transferees pendente lite; (d) sub-lessees; (e) co-lessees; or (f) members of the family, relatives and other privies of the defendant.[22] In such cases, court hearing is a must to determine the character of such possession. If the execution court finds that they are mere successors-in-interest, guests, or agents of the defendant, the order of execution shall be enforced against them.[23] | |||||
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2004-11-25 |
YNARES-SATIAGO, J. |
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| The right to appeal is a purely statutory right. Not being a natural right or a part of due process, the right to appeal may be exercised only in the manner and in accordance with the rules provided therefor. Failure to bring an appeal within the period prescribed by the rules renders the judgment appealed from final and executory.[23] However, it is always within the power of this Court to suspend its own rules, or to except a particular case from its operations, whenever the purposes of justice require it.[24] | |||||
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2004-11-11 |
PANGANIBAN, J. |
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| In a number of cases, the Supreme Court has in fact relaxed the period for perfecting an appeal, especially on grounds of substantial justice,[15] or when there are other special and meritorious circumstances and issues.[16] Verily, this Court has the power to relax or suspend the rules or to exempt a case from their rigid operation when warranted by compelling reasons and the requirements of justice.[17] | |||||