Appeal from MTC to RTC, How made

Sps. Morales vs. CA (GR 126196)

In an ejectment case, when a Municipal Trial Court receives evidence on the merits, but thereafter renders a decision erroneously dismissing the action on the ground of lack of jurisdiction, a Regional Trial Court on appeal may review the entire case on the merits and render judgment thereon as the proven facts and the law may warrant. This is in accord with the general principle that the Rules of Court must be construed to attain just, speedy and inexpensive disposition of an action or proceeding.

Sps. Badillo vs. Hon. Tayag (GR 143976)

In the present cases, the posting of a supersedeas bond is not necessary to stay the execution of the MTC Order. When a case involves provable rents or damages incurred by a government-owned or controlled corporation, the real party in interest is the Republic of the Philippines. When the State litigates, it is not required to put up a bond for damages or even an appeal bond — either directly or indirectly through its authorized officers — because it is presumed to be always solvent.

Thus, it would be unnecessary to ask the NHA to file a bond because to do so would be to indirectly require the government to submit the bond. And the State is not required to file a bond for the obvious reason that it is capable of paying its obligation. In any event, the NHA has already paid the appellate docket fees and filed the supersedeas bond as ordered by the RTC, albeit late.

Candido vs. Camacho (GR 136751)

In the case at bar, the remedy of the respondents is to file an appeal within the reglementary period after the issuance of the MTC decision. However, insofar as assailing the MTCs order of execution, we hold that the respondents appeal thereof would be too slow and inadequate to prevent the injurious effect of respondents imminent dispossession of the property. Thus, respondents filing of a petition for certiorari to assail the MTCs order for immediate execution of its decision is proper. However, we note that respondents petition for certiorari was not limited for said purpose as they likewise assailed the main decision of the MTC in the same petition. This is improper as appeal is still their appropriate remedy under the former Rules of Court (Section 1, Rule 40 — Appeal from Inferior Courts to Courts of First Instance). What compounded the matter is that the respondents had already a pending notice of appeal with the MTC to assail its decision in the forcible entry case. Clearly, by also assailing the decision of the MTC in the forcible entry case in their subsequent petition for certiorari, respondents are guilty of forum-shopping which carries the sanction of dismissal of both the petition for certiorari and the appeal filed by the respondents with the RTC.

Macadangdang vs. Gaviola (GR 156809)

The general rule is that a client is bound by the acts, even mistakes, of his counsel in the realm of procedural technique. There are exceptions to this rule, such as when the reckless or gross negligence of counsel deprives the client of due process of law, or when the application of the general rule results in the outright deprivation of one’s property through a technicality.

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We find no reason to exempt respondents from the general rule. The cause of the delay in the filing of the appeal memorandum, as explained by respondents counsel, was not due to gross negligence. It could have been prevented by respondents counsel if he only acted with ordinary diligence and prudence in handling the case. For a claim of gross negligence of counsel to prosper, nothing short of clear abandonment of the clients cause must be shown. In one case, the Court ruled that failure to file appellants brief can qualify as simple negligence but it does not amount to gross neglience to justify the annulment of the proceedings below.

Sarmiento vs. Zaratan (GR 167471)

There are, indeed, reasons which would warrant the suspension of the Rules: (a) the existence of special or compelling circumstances, b) the merits of the case, (c) a cause not entirely attributable to the fault or negligence of the party favored by the suspension of rules, (d) a lack of any showing that the review sought is merely frivolous and dilatory, and (e) the other party will not be unjustly prejudiced thereby. Elements or circumstances (c), (d) and (e) exist in the present case.

 

The suspension of the Rules is warranted in this case. The motion in question does not affect the substantive rights of petitioner as it merely seeks to extend the period to file Memorandum. The required extension was due to respondents counsels illness, lack of staff to do the work due to storm and flood, compounded by the grounding of the computers. There is no claim likewise that said motion was interposed to delay the appeal. As it appears, respondent sought extension prior to the expiration of the time to do so and the memorandum was subsequently filed within the requested extended period.Under the circumstances, substantial justice requires that we go into the merits of the case to resolve the issue of who is entitled to the possession of the land in question.

 

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Author: Born2drinkStuff

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