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ESTATE OF FELOMINA G. MACADANGDANG v. LUCIA GAVIOLA

FACTS:

Atty. Oswaldo Macadangdang, acting as administrator of the Estate of Felomina G. Macadangdang, filed an action for Unlawful Detainer with Damages against respondents. The respondents were occupying portions of four parcels of land owned by Felomina G. Macadangdang. The Municipal Trial Court in Cities (MTCC) ruled in favor of the petitioner. Respondents appealed the decision, but the Regional Trial Court (RTC) dismissed the appeal for their failure to file an appeal memorandum. The MTCC then ordered the execution of judgment. Respondents filed a Motion for Reconsideration/New Trial, but the MTCC ordered the issuance of a writ of execution. The RTC denied respondents' motion for reconsideration, prompting respondents to file a petition for review before the Court of Appeals. The Court of Appeals set aside the RTC's dismissal and remanded the case to the RTC. The Court of Appeals held that dismissal of an appeal on technical grounds is not favored, and rules of procedure should not be applied rigidly. The Court of Appeals also distinguished failure to file a notice of appeal from failure to file an appeal memorandum. Finally, the Court of Appeals recognized exceptions to the rule that negligence of counsel binds the client. Petitioner's motion for reconsideration was denied by the Court of Appeals. The issue in this case is whether the Court of Appeals erred in reversing the RTC's dismissal of respondents' appeal for failure to file an appeal memorandum.

ISSUES:

  1. The sole issue in this case is whether the Court of Appeals erred in reversing the RTC's dismissal of respondents' appeal for failure to file an appeal memorandum.

RULING:

  1. The petition has merit. The Court of Appeals erred in reversing the RTC's dismissal of respondents' appeal for failure to file an appeal memorandum. The Court of Appeals ruled that as a matter of policy, the dismissal of an appeal on purely technical grounds is frowned upon. However, the Supreme Court held that rules of procedure should be followed and not disregarded. The failure to file an appeal memorandum within the period granted by the appellate court is a violation of the rules. Therefore, the dismissal of respondents' appeal by the RTC was correct.

PRINCIPLES:

  • The dismissal of an appeal on purely technical grounds is frowned upon, however, rules of procedure should be followed and not disregarded.

  • Failure to file an appeal memorandum within the period granted by the appellate court is a violation of the rules.