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GR No. 195547

2015-12-02

PERALTA, J.

Finally, it bears to point out that the premise that underlies all appeals is that they are merely rights which arise from statute; therefore, they must be exercised in the manner prescribed by law.[25] It is to this end that rules governing pleadings and practice before appellate courts were imposed.[26] These rules were designed to assist the appellate court in the accomplishment of its tasks, and overall, to enhance the orderly administration of justice.[27] Failing in this respect, the instant petition should be denied.

GR No. 193494

2014-03-07

LUI ENTERPRISES v. ZUELLIG PHARMA CORPORATION

LEONEN, J.

Except for cases provided in the Constitution,[70] appeal is a "purely statutory right."[71] The right to appeal "must be exercised in the manner prescribed by law"[72] and requires strict compliance with the Rules of Court on appeals.[73] Otherwise, the appeal shall be dismissed, and its dismissal shall not be a deprivation of due process of law.

GR No. 193494

2014-03-07

LUI ENTERPRISES v. ZUELLIG PHARMA CORPORATION

LEONEN, J.

Rules on appeal "are designed for the proper and prompt disposition of cases before the Court of Appeals."[84] With respect to the appellant's brief, its required contents are designed "to minimize the [Court of Appeals'] labor in [examining] the record upon which the appeal is heard and determined."[85]

GR No. 178288

2012-08-15

SPS. CHARLIE FORTALEZA AND OFELIA FORTALEZA v. SPS. RAUL LAPITAN AND RONA LAPITAN

DEL CASTILLO, J.

True, under the 2002 Internal Rules of the Court of Appeals (IRCA), appealed civil cases undergo two-raffle system. First, a preliminary raffle is held to determine the Justice to whom the case will be assigned for completion of records. After completion, a second raffle is conducted to determine the Justice to whom the case will be assigned for study and report. "Each stage is distinct [and] it may happen that the Justice to whom the case was initially raffled for completion may not be the same Justice who will write the decision thereon."[30] Thus: Section 2. Raffle of Cases.

GR No. 182341

2010-04-23

TRINIDAD GO v. VICENTE VELEZ CHAVES

DEL CASTILLO, J.

The purpose of a subject index in an appellant's/appellee's brief obviates the court to thumb through a possibly lengthy brief page after page to locate whatever else needs to be found and considered, such as arguments and citations.[33] In the case at bar, notably, the appeal brief submitted to the CA consists only of 17 pages which the appellate court may easily peruse to apprise it of what the case is all about and of the relief sought. Thus, the belated submission of the subject index may be considered excusable. Our discussion in Philippine Coconut Authority v. Corona International, Inc.[34] is apropos: x x x the purpose of the brief is to present the court in coherent and concise form the point and questions in controversy, and by fair argument on the facts and law of the case, to assist the court in arriving at a just and proper conclusion. A haphazard and pellmell presentation will not do for the brief should be so prepared as to minimize the labor of the court in examination of the record upon which the appeal is heard and determined. It is certainly, 'the vehicle of counsel to convey to the court the essential facts of his client's case, a statement of the questions of law involved, the law he should have applied, and the application he desires of it by the court'. There should be an honest compliance with the requirements regarding contents of appellant's brief, and among which is that it should contain "a subject index of the matter in the brief with a digest of the argument and page references."

GR No. 159792

2009-12-23

BARANGAY SANGALANG v. BARANGAY MAGUIHAN

PERALTA, J.

Thus, notwithstanding petitioner's wrong mode of appeal, the CA should not have so easily dismissed the petition, considering that the parties involved are local government units and that what is involved is the determination of their respective territorial jurisdictions. In the same vein, the CA's strict reliance on the requirements under Section 13 of Rule 44 of the 1997 Rules of Procedure relating to subject index and page references in an appellant's brief is, to stress, putting a premium on technicalities. While the purpose of Section 13, Rule 44, is to present to the appellate court in the most helpful light, the factual and legal antecedents of a case on appeal,[28] said rule should not be strictly applied considering that petitioner's brief before the CA contained only 9 pages, the records of the case consisted only of a few documents and pleadings, and there was no testimonial evidence.

GR No. 175162

2008-10-29

ATTY. ERNESTO A. TABUJARA III v. PEOPLE

CHICO-NAZARIO, J.

It is only when the decision of the RTC was rendered in the exercise of appellate jurisdiction would a petition for review under Rule 42 be proper[18]

GR No. 165622

2008-10-17

MERCURY DRUG CORPORATION v. RAUL DE LEON

REYES, R.T., J.

It is true that in De Liano v. Court of Appeals,[61] this Court held that a statement of facts unaccompanied by a page reference to the record may be presumed to be without support in the record and may be stricken or disregarded altogether. However, the instant case is not on all fours with De Liano.

GR No. 151963

2004-09-09

AIR PHILIPPINES CORPORATION v. INTERNATIONAL BUSINESS AVIATION SERVICES PHILS.

PANGANIBAN, J.

Second, the negligence of petitioner and that of its counsel are concurrent.[32] As an artificial being whose juridical personality is created by fiction of law,[33] petitioner "can only exercise its powers and transact its business through the instrumentalities of its board of directors, and through its officers and agents, when authorized by resolution or its by-laws."[34] Atty. Manalo is an employee, not an outsider hired by petitioner on a retainer basis. In fact, he is the officer-in-charge of its Legal Department.

GR No. 146608

2003-10-23

SPS. CONSTANTE FIRME AND AZUCENA E. FIRME v. BUKAL ENTERPRISES

CARPIO, J.

Under these provisions, the power to purchase real property is vested in the board of directors or trustees. While a corporation may appoint agents to negotiate for the purchase of real property needed by the corporation, the final say will have to be with the board, whose approval will finalize the transaction.[50] A corporation can only exercise its powers and transact its business through its board of directors and through its officers and agents when authorized by a board resolution or its by-laws.[51] As held in AF Realty & Development, Inc. v. Dieselman Freight Services, Co.:[52]

	GR No. 195547 2015-12-02	MA. CORAZON M. OLA v. PEOPLE PERALTA, J.
Finally, it bears to point out that the premise that underlies all appeals is that they are merely rights which arise from statute; therefore, they must be exercised in the manner prescribed by law.[25] It is to this end that rules governing pleadings and practice before appellate courts were imposed.[26] These rules were designed to assist the appellate court in the accomplishment of its tasks, and overall, to enhance the orderly administration of justice.[27] Failing in this respect, the instant petition should be denied.
	GR No. 193494 2014-03-07	LUI ENTERPRISES v. ZUELLIG PHARMA CORPORATION LEONEN, J.
Except for cases provided in the Constitution,[70] appeal is a "purely statutory right."[71] The right to appeal "must be exercised in the manner prescribed by law"[72] and requires strict compliance with the Rules of Court on appeals.[73] Otherwise, the appeal shall be dismissed, and its dismissal shall not be a deprivation of due process of law.
	GR No. 193494 2014-03-07	LUI ENTERPRISES v. ZUELLIG PHARMA CORPORATION LEONEN, J.
Rules on appeal "are designed for the proper and prompt disposition of cases before the Court of Appeals."[84] With respect to the appellant's brief, its required contents are designed "to minimize the [Court of Appeals'] labor in [examining] the record upon which the appeal is heard and determined."[85]
	GR No. 178288 2012-08-15	SPS. CHARLIE FORTALEZA AND OFELIA FORTALEZA v. SPS. RAUL LAPITAN AND RONA LAPITAN DEL CASTILLO, J.
True, under the 2002 Internal Rules of the Court of Appeals (IRCA), appealed civil cases undergo two-raffle system. First, a preliminary raffle is held to determine the Justice to whom the case will be assigned for completion of records. After completion, a second raffle is conducted to determine the Justice to whom the case will be assigned for study and report. "Each stage is distinct [and] it may happen that the Justice to whom the case was initially raffled for completion may not be the same Justice who will write the decision thereon."[30] Thus: Section 2. Raffle of Cases.
	GR No. 182341 2010-04-23	TRINIDAD GO v. VICENTE VELEZ CHAVES DEL CASTILLO, J.
The purpose of a subject index in an appellant's/appellee's brief obviates the court to thumb through a possibly lengthy brief page after page to locate whatever else needs to be found and considered, such as arguments and citations.[33] In the case at bar, notably, the appeal brief submitted to the CA consists only of 17 pages which the appellate court may easily peruse to apprise it of what the case is all about and of the relief sought. Thus, the belated submission of the subject index may be considered excusable. Our discussion in Philippine Coconut Authority v. Corona International, Inc.[34] is apropos: x x x the purpose of the brief is to present the court in coherent and concise form the point and questions in controversy, and by fair argument on the facts and law of the case, to assist the court in arriving at a just and proper conclusion. A haphazard and pellmell presentation will not do for the brief should be so prepared as to minimize the labor of the court in examination of the record upon which the appeal is heard and determined. It is certainly, 'the vehicle of counsel to convey to the court the essential facts of his client's case, a statement of the questions of law involved, the law he should have applied, and the application he desires of it by the court'. There should be an honest compliance with the requirements regarding contents of appellant's brief, and among which is that it should contain "a subject index of the matter in the brief with a digest of the argument and page references."
	GR No. 159792 2009-12-23	BARANGAY SANGALANG v. BARANGAY MAGUIHAN PERALTA, J.
Thus, notwithstanding petitioner's wrong mode of appeal, the CA should not have so easily dismissed the petition, considering that the parties involved are local government units and that what is involved is the determination of their respective territorial jurisdictions. In the same vein, the CA's strict reliance on the requirements under Section 13 of Rule 44 of the 1997 Rules of Procedure relating to subject index and page references in an appellant's brief is, to stress, putting a premium on technicalities. While the purpose of Section 13, Rule 44, is to present to the appellate court in the most helpful light, the factual and legal antecedents of a case on appeal,[28] said rule should not be strictly applied considering that petitioner's brief before the CA contained only 9 pages, the records of the case consisted only of a few documents and pleadings, and there was no testimonial evidence.
	GR No. 175162 2008-10-29	ATTY. ERNESTO A. TABUJARA III v. PEOPLE CHICO-NAZARIO, J.
It is only when the decision of the RTC was rendered in the exercise of appellate jurisdiction would a petition for review under Rule 42 be proper[18]
	GR No. 165622 2008-10-17	MERCURY DRUG CORPORATION v. RAUL DE LEON REYES, R.T., J.
It is true that in De Liano v. Court of Appeals,[61] this Court held that a statement of facts unaccompanied by a page reference to the record may be presumed to be without support in the record and may be stricken or disregarded altogether. However, the instant case is not on all fours with De Liano.
	GR No. 151963 2004-09-09	AIR PHILIPPINES CORPORATION v. INTERNATIONAL BUSINESS AVIATION SERVICES PHILS. PANGANIBAN, J.
Second, the negligence of petitioner and that of its counsel are concurrent.[32] As an artificial being whose juridical personality is created by fiction of law,[33] petitioner "can only exercise its powers and transact its business through the instrumentalities of its board of directors, and through its officers and agents, when authorized by resolution or its by-laws."[34] Atty. Manalo is an employee, not an outsider hired by petitioner on a retainer basis. In fact, he is the officer-in-charge of its Legal Department.
	GR No. 146608 2003-10-23	SPS. CONSTANTE FIRME AND AZUCENA E. FIRME v. BUKAL ENTERPRISES CARPIO, J.
Under these provisions, the power to purchase real property is vested in the board of directors or trustees. While a corporation may appoint agents to negotiate for the purchase of real property needed by the corporation, the final say will have to be with the board, whose approval will finalize the transaction.[50] A corporation can only exercise its powers and transact its business through its board of directors and through its officers and agents when authorized by a board resolution or its by-laws.[51] As held in AF Realty & Development, Inc. v. Dieselman Freight Services, Co.:[52]

FRANCISCO A.G. DE LIANO v. CA