Category Archives: Appeal

The determination of issues during the pre-trial conference bars the consideration of other questions, whether during trial or on appeal

Posted on March 8, 2012 by Erineus

Petitioner claims that respondent’s non-presentation of the insurance contract or policy between the respondent and the consignee is fatal to its cause of action. We do not agree. First of all, this was never raised as an issue before the … Continue reading →

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An appeal shall not stop a decision of the Ombudsman from being executory

Posted on March 6, 2012 by Erineus

be brought by the Republic of the Philippines or by the person claiming to be entitled to such office.[12]  In this case, it was Del Castillo who filed the action, claiming that he was entitled as a matter of right … Continue reading →

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Instances where a writ of execution may be appealed

Posted on February 22, 2012 by Erineus

Unjustified delay in the enforcement of a judgment sets at naught the role of courts in disposing justiciable controversies with finality.[17] Once a judgment becomes final and executory, all the issues between the parties are deemed resolved and laid to … Continue reading →

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The courts’ discretionary power in dismissing an appeal for failure to comply with the Rules should be used in the exercise of sound judgment in accordance with the tenets of justice and fair play

Posted on February 19, 2012 by Erineus

The right to appeal is neither a natural right nor a part of due process. It is merely a statutory privilege and may be exercised only in the manner and in accordance with the provisions of law. Thus, one who … Continue reading →

Posted in Appeal, Fair Play, Rules of Procedures, Substantial Justice | Tagged | Leave a comment

With the exception of Section 1(b), the grounds for the dismissal of an appeal are directory and not mandatory, and it is not the ministerial duty of the court to dismiss the appeal

Posted on February 18, 2012 by Erineus

Anent the third error raised by petitioners, the same is again without merit. Petitioners argue that the PDIC’s record of appeal is defective for failure to state (1) when the notice of appeal was filed; (2) when the appellate court … Continue reading →

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