Category Archives: Appeal

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

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

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

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

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

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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

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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The COMELEC which has jurisdiction to take cognizance of an appeal from the decision of the RTC in election contests involving elective municipal officials has jurisdiction to issue a writ of certiorari in aid of its appellate jurisdiction

On July 12, 2010, petitioner filed an Omnibus Motion to: (1) Restore Protestee’s Standing in Court; (2) Motion for Reconsideration of the Order dated June 24, 2010; and (3) Suspend Proceedings Pending Resolution of Falsification Case Before the Law Department … Continue reading

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Whether the “fresh period rule” enunciated in Neypes applies to appeals in criminal cases?

The core issue boils down to whether the “fresh period rule” enunciated in Neypes applies to appeals in criminal cases. The Court’s Ruling We find merit in the petition. The right to appeal is not a constitutional, natural or inherent … Continue reading

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