WHEREFORE, the Court, under the auspices of equity and justice tempered with humanitarian reasons, hereby declare each of the offeror-claimants after complying with their respective obligation with the estate, should there be any, to be the owner where their respective houses stand, and therefore, DIRECTS and ENJOINS for the following matters to be undertaken:
For the Administrator of the L.J. Hodges Estate:
1) To assist both offeror-claimants in effecting a Relocation Survey Plan and cause the equal partition of the subject lot herein between the said offeror-claimant;
2) To execute the corresponding deed of sale over the aforecited subject lot in favor of the herein offeror-claimants --- Erlinda Lebin and Vilma S. Mirasol purposely to expedite the issuance of respective title; and ---
3) To exact payment from either or both offeror-claimants should there be any deficiency, and/or to refund payment should there be any excess payment from either or both offeror-claimants.
SO ORDERED.13
- Whether or not the RTC erred in dismissing the petitioners' appeal for their failure to timely file a record on appeal; and
- Whether or not the RTC committed reversible error in adjudging that Lot 18 be sold to both the petitioners and Mirasol in equal portions.
Section 39. Appeals. - The period for appeal from final orders, resolutions, awards, judgments, or decisions of any court in all cases shall be fifteen (15) days counted from the notice of the final order, resolution, award, judgment, or decision appealed from: Provided however, That in habeas corpus cases, the period for appeal shall be forty-eight (48) hours from the notice of the judgment appealed from.
No record on appeal shall be required to take an appeal. In lieu thereof, the entire record shall be transmitted with all the pages prominently numbered consecutively, together with an index of the contents thereof.
This section shall not apply in appeals in special proceedings and in other cases wherein multiple appeals are allowed under applicable provisions of the Rules of Court. (emphasis supplied)
At present then, except in criminal cases where the penalty imposed is life imprisonment or reclusion perpetua, there is no way by which judgments of regional trial courts may be appealed to the Supreme Court except by petition for review on certiorari in accordance with Rule 45 of the Rules of Court, in relation to Section 17 of the Judiciary Act of 1948 as amended. The proposition is clearly stated in the Interim Rules: "Appeals to the Supreme Court shall be taken by petition for certiorari which shall be governed by Rule 45 of the Rules of Court.
On the other hand, it is not possible to take an appeal by certiorari to the Court of Appeals. Appeals to that Court from the Regional Trial Courts are perfected in two (2) ways, both of which are entirely distinct from an appeal by certiorari to the Supreme Court. They are:a) by ordinary appeal, or appeal by writ of error - where judgment was rendered in a civil or criminal action by the RTC in the exercise of original jurisdiction; and
b) by petition for review - where judgment was rendered by the RTC in the exercise of appellate jurisdiction.
The petition for review must be filed with the Court of Appeals within 15 days from notice of the judgment, and as already stated, shall point out the error of fact or law that will warrant a reversal or modification of the decision or judgment sought to be reviewed. An ordinary appeal is taken by merely filing a notice of appeal within 15 days from notice of the judgment, except in special proceedings or cases where multiple appeals are allowed in which event the period of appeal is 30 days and a record on appeal is necessary.
There is therefore no longer any common method of appeal in civil cases to the Supreme Court and the Court of Appeals. The present procedures for appealing to either court - and, it may be added, the process of ventilation of the appeal - are distinct from each other. To repeat, appeals to this court cannot now be made by petition for review or by notice of appeals (and, in certain instances, by record on appeal), but only by petition for review on certiorari under Rule 45. As was stressed by this Court as early as 1980, in Buenbrazo v. Marave, 101 SCRA 848, all "the members of the bench and bar" are charged with knowledge, not only that "since the enactment of Republic Act No. 8031 in 1969," the review of the decision of the Court of First Instance in a case exclusively cognizable by the inferior court xxx cannot be made in an ordinary appeal or by record on appeal," but also that appeal by record on appeal to the Supreme Court under Rule 42 of the Rules of Court was abolished by Republic Act No. 5440 which, as already stated, took effect on September 9, 1968. Similarly, in Santos, Jr., v. C.A., 152 SCRA 378, this Court declared that "Republic Act No. 5440 had long superseded Rule 41 and Section 1, Rule 122 of the Rules of Court on direct appeals from the court of first instance to the Supreme Court in civil and criminal cases, x x and that "direct appeals to this Court from the trial court on questions of law had to be through the filing of a petition for review on certiorari, wherein this Court could either give due course to the proposed appeal or deny it outright to prevent the clogging of its docket with unmeritorious and dilatory appeals."
In fine, if an appeal is essayed to either court by the wrong procedure, the only course of action open is to dismiss the appeal. In other words, if an appeal is attempted from a judgment of a Regional Trial Court by notice of appeal, that appeal can and should never go to this Court, regardless of any statement in the notice that the court of choice is the Supreme Court; and more than once has this Court admonished a Trial Judge and/or his Clerk of Court, as well as the attorney taking the appeal, for causing the records to be sent up to this Court in such a case. Again, if an appeal by notice of appeal is taken from the Regional Trial Court to the Court of Appeals and in the latter Court, the appellant raises naught but issues of law, the appeal should be dismissed for lack of jurisdiction. And finally, it may be stressed once more, it is only through petitions for review on certiorari that the appellate jurisdiction of the Supreme Court may properly be invoked.
There is no longer any justification for allowing transfers of erroneous appeals from one court to the other, much less for tolerating continued ignorance of the law on appeals. It thus behooves every attorney seeking review and reversal of a judgment or order promulgated against his client, to determine clearly the errors he believes may be ascribed to the judgment or order, whether of fact or of law; then to ascertain which court properly has appellate jurisdiction; and finally, to observe scrupulously the requisites for appeal prescribed by law, with keen awareness that any error or imprecision in compliance therewith may well be fatal to his client's cause.25 (emphasis supplied)
Section 2. Modes of appeal.--
(a) Ordinary appeal.-- The appeal to the Court of Appeals in cases decided by the Regional Trial Court in the exercise of its original jurisdiction shall be taken by filing a notice of appeal with the court which rendered the judgment or final order appealed from and serving a copy thereof upon the adverse party. No record on appeal shall be required except in special proceedings and other cases of multiple or separate appeals where the law or these Rules so require. In such cases, the record on appeal shall be filed and served in like manner.
(b) Petition for review.-- The appeal to the Court of Appeals in cases decided by the Regional Trial Court in the exercise of its appellate jurisdiction shall be by petition for review in accordance with Rule 42.
(c) Appeal by certiorari.-- In all cases where only questions of law are raised or involved, the appeal shall be to the Supreme Court by petition for review on certiorari in accordance with Rule 45. (n) (emphasis supplied)
Section 1. Orders or judgments from which appeals may be taken. - An interested person may appeal in special proceedings from an order or judgment rendered by a Court of First Instance or a Juvenile and Domestic Relations Court, where such order or judgment:
(a) Allows or disallows a will;
(b) Determines who are the lawful heirs of a deceased person, or the distributive share of the estate to which such person is entitled;
(c) Allows or disallows, in whole or in part, any claim against the estate of a deceased person, or any claim presented on behalf of the estate in offset to a claim against it;
(d) Settles the account of an executor, administrator, trustee or guardian;
(e) Constitutes, in proceedings relating to the settlement of the estate of a deceased person, or the administration of a trustee or guardian, a final determination in the lower court of the rights of the party appealing, except that no appeal shall be allowed from the appointment of a special administrator; and
(f) Is the final order or judgment rendered in the case, and affects the substantial rights of the person appealing, unless it be an order granting or denying a motion for a new trial or for reconsideration.
Section 3. Period of ordinary appeal. -- The appeal shall be taken within fifteen (15) days from notice of the judgment or final order appealed from. Where a record on appeal is required, the appellant shall file a notice of appeal and a record on appeal within thirty (30) days from notice of the judgment or final order.
The period of appeal shall be interrupted by a timely motion for new trial or reconsideration. No motion for extension of time to file a motion for new trial or reconsideration shall be allowed. (n) (emphasis supplied)
Section 6. Record on appeal; form and contents thereof. - The full names of all the parties to the proceedings shall be stated in the caption of the record on appeal and it shall include the judgment or final order from which the appeal is taken and, in chronological order, copies of only such pleadings, petitions, motions and all interlocutory orders as are related to the appealed judgment or final order for the proper understanding of the issue involved, together with such data as will show that the appeal was perfected on time. If an issue of fact is to be raised on appeal, the record on appeal shall include by reference all the evidence, testimonial and documentary, taken upon the issue involved. The reference shall specify the documentary evidence by the exhibit numbers or letters by which it was identified when admitted or offered at the hearing, and the testimonial evidence by the names of the corresponding witnesses. If the whole testimonial and documentary evidence in the case is to be included, a statement to that effect will be sufficient without mentioning the names of the witnesses or the numbers or letters of exhibits. Every record on appeal exceeding twenty (20) pages must contain a subject index. (6a)
Section 4. When court may authorize sale of estate as beneficial to interested persons; Disposal of proceeds. - When it appears that the sale of the whole or a part of the real or personal estate will be beneficial to the heirs, devisees, legatees, and other interested persons, the court may, upon application of the executor or administrator and on written notice to the heirs, devisees and legatees who are interested in the estate to be sold, authorize the executor or administrator to sell the whole or a part of said estate, although not necessary to pay debts, legacies, or expenses of administration; but such authority shall not be granted if inconsistent with the provisions of a will. In case of such sale, the proceeds shall be assigned to the persons entitled to the estate in the proper proportions. [emphasis supplied]
Endnotes:
1 Rollo, pp. 12-13.
2 Id., p. 17.
3 Id., pp. 26-27.
4 Id., pp. 28-29.
5 Id., pp. 39.
6 Id., pp. 30-31.
7 Id., p. 31.
8 Id., pp. 32-33
9 Id., p. 32.
10 Id., p. 36.
11 Id., pp. 32-35.
12 Id., pp. 37-38.
13 Id., pp. 12-13.
14 Id., pp. 14-16.
15 Id., p. 17.
16 Id., p. 18.
17 Id., p. 20.
18 Id., p. 19.
19 Id., pp. 20-22.
20 Id., pp. 24-25.
21 Id., pp. 26-27.
22 Id., pp. 28-29.
23 Entitled An Act Reorganizing the Judiciary, Appropriating Funds Therefor, and for other Purposes.
24 Undk. No. 9748, February 27, 1990; 183 SCRA xi, which became the basis for the guidelines set forth in Circular No. 2-90 issued by the Supreme Court on March 9, 1990.
25 Id., pp. xv-xviii.
26 According to Section 1, first paragraph, Rule 41, Rules of Court: "An appeal may be taken from a judgment or final order that completely disposes of the case, or of a particular matter therein when declared by these Rules to be appealable."
27 Section 3. Period of Ordinary Appeal. -- The appeal shall be taken within fifteen (15) days from notice of the judgment or final order appealed from. Where a record on appeal is required, the appellant shall file a notice of appeal and a record on appeal within thirty (30) days from the notice of the judgment or final order.
28 Section 2(a) and Section 3, Rule 41, Rules of Court.
29 Section 4, Rule 41, Rules of Court.
30 Section 13, Rule 41, and Section 1(a), Rule 50, Rules of Court.
31 Section 1(a) and (c), Rule 50, Rules of Court.
32 Section 13. Dismissal of appeal. - Prior to the transmittal of the original record or the record on appeal to the appellate court, the trial court may, motu proprio or on motion, dismiss the appeal for having been taken out of time or for non-payment of the docket and other lawful fees within the reglementary period.
33 Id., p. 8.
34 Id.
35 Bersamin, Appeal and Review in the Philippines, Central Professional Books, Inc., 2nd Edition, p. 136; citing 3 Am Jur 215.
36 Borlongan v. Buenaventura, G.R. No. 167234, September 27, 2006, 483 SCRA 405, 411-412; Philippine Commercial International Bank v. Court of Appeals, G.R. No. 106956, January 27, 1994, 229 SCRA 560.
37 Remulla v. Manlongat, G.R. No. 148189, November 11, 2004, 442 SCRA 226, 233; Yutingco v. Court of Appeals, G.R. No. 137264, August 1, 2002, 386 SCRA 85, 91; Tan Tiac Chiong v. Cosico, A.M. No. CA-02-33, July 21, 2002, 385 SCRA 509, 515; Olacao v. NLRC, G.R. No. 81390, August 29, 1989, 177 SCRA 38, 49.
38 Equitable PCI Bank v. Ku, G.R. No. 142950, March 26, 2001, 355 SCRA 309, 316; De Guzman v. Sandiganbayan, G.R. No. 103276, April 11, 1996, 256 SCRA 171, 177; Orata v.Intermediate Appellate Court, G.R. No. 73471, May 8, 1990, 185 SCRA 148, 152.
39 Almeda v. Court of Appeals, G.R. No. 121013, July 16, 1998 292 SCRA 587, 593-595.
40 Ko v. Philippine National Bank, G. R. Nos. 169131-132, January 20, 2006, 479 SCRA 298; Air France Philippines v. Leachon, G.R. No. 134113, October 12, 2005, 472 SCRA 439; Remulla v. Manlongat, G.R. No. 148189, November 11, 2004, 442 SCRA 226, 233; Philippine Commercial International Bank v. Court of Appeals, G.R. No. 127275, June 20, 2003, 404 SCRA 442, 448; Yao v. Court of Appeals, G.R. No. 132426, October 24, 2000, 344 SCRA 202; Dayrit v. Philippine Bank of Communications, G.R. No. 140316, August 1, 2002, 386 SCRA 117, 125; Bishop of Tuguegarao v. Director of Lands, 34 Phil 623 (1916); Estate of Cordoba and Zarate v. Alabado, 34 Phil. 920 (1916); Bermudez v. Director of Lands, 36 Phil. 774 (1917).
41 Id., p. 36.
42 Acebedo v Abesamis, G.R. No. 102380, January 18, 1993, 217 SCRA 186, 193.
43 Dillena v. Court of Appeals, G.R. No. L-77660, July 28, 1988, 163 SCRA 630, 637.