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SPOUSES LAOHOO
G.R. No. 151973, July 23, 2009
FACTS:
RTC, in both civil cases, issued orders directing the petitioner to pay
the amount fixed as just compensation. Petitioner, through its counsel,
received the said Orders on September 25, 1997. On October 2, 1997,
petitioner filed by registered mail, a Motion for Reconsideration of the said
Orders which the RTC denied in an Order dated October 14, 1997.
Petitioner argued that it was only on October 23, 1997 that the Office
of the Regional Legal Counsel, NPC-Visayas Region in Cebu City, received
a copy of the Order of October 14, 1997 denying its motion for
reconsideration. By computing the remaining eight days reckoned from the
date of receipt on October 23, 1997 of the RTCs Order dated October 14,
1997, petitioner insisted that it had until October 31, 1997 within which to file
the notice of appeal and, thus, the filing thereof on October 30, 1997 was
well within the 15-day reglementary period for taking an appeal as provided
by the rules. RTC dismissed the petitioners appeal.
ISSUE:
1.No. The appeal was not filed within the reglementary period of 15 days as
provided by the Rules, the appeal is dismissible for having been filed out of
time. The approval of a notice of appeal becomes the ministerial duty of the
lower court, provided the appeal is filed on time. If the notice of appeal is,
however, filed beyond the reglementary period, the trial court may exercise
its power to refuse or disallow the same in accordance with Section 13 of
Rule 41 of the Rules. Let it not be overlooked that the timeliness of an appeal
is a jurisdictional caveat that not even this Court can trifle with. Consequently,
the trial court committed no error in dismissing the appeal.
2.Yes. The failure of the petitioner to perfect an appeal within the period fixed
by law renders final the decision sought to be appealed. As a result, no court
could exercise appellate jurisdiction to review the decision. It is settled that
a decision that has acquired finality becomes immutable and unalterable and
may no longer be modified in any respect, even if the modification is meant
to correct erroneous conclusions of fact or law and whether it will be made
by the court that rendered it or by the highest court of the land. Once a
judgment becomes final and executory, all the issues between the parties
are deemed resolved and laid to rest. All that remains is the execution of the
decision which is a matter of right. The prevailing party is entitled to a writ of
execution, the issuance of which is the trial court’s ministerial duty.