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appellate court. Heirs of Francisco Bihay vs. Heirs of Nicasio the judgment or final order to become final as to preclude the
Bathan, 723 SCRA 499, G.R. No. 181949 April 23, 2014 appellate court from acquiring the jurisdiction to review the
10. The Court finds it necessary to emphasize the well-entrenched judgment or final order. Lebin vs. Mirasol, 657 SCRA 35, G.R. No.
doctrine that an appeal is not a matter of right, but is a mere 164255 September 7, 2011
statutory privilege. It may be availed of only in the manner 15. The filing of a second motion for reconsideration is prohibited
provided by law and the rules. Thus, a party who seeks to exercise under Rule 52, Section 2 of the 1997 Rules of Civil Procedure, as
the right to appeal must comply with the requirements of the amended and the prevailing 1999 Internal Rules of the Procedure
rules; otherwise, the privilege is lost. Lepanto Consolidated of the CA (IRCA). Being a prohibited pleading, a second motion for
Mining Corporation vs. Icao, 714 SCRA 1, G.R. No. 196047 January reconsideration does not have any legal effect and does not toll
15, 2014 the running of the period to appeal. Heirs of Gamaliel Albano vs.
11. When the law does not clearly provide a rule or norm for the Ravanes, 797 SCRA 472, G.R. No. 183645 July 20, 2016
tribunal to follow in deciding a question submitted, but leaves to 16. A supervening event refers to facts which transpire after
the tribunal the discretion to determine the case in one way or judgment has become final and executory or to new
another, the judge must decide the question in conformity with circumstances which developed after the judgment has acquired
justice, reason and equity, in view of the circumstances of the finality, including matters which the parties were not aware of
case Lepanto Consolidated Mining Corporation vs. Icao, 714 SCRA prior to or during the trial as they were not yet in existence at that
1, G.R. No. 196047 January 15, 2014 time Heirs of Gamaliel Albano vs. Ravanes, 797 SCRA 472, G.R. No.
12. The party who intends to appeal must always comply with the 183645 July 20, 2016
procedures and rules governing appeals, or else the right of 17. Except in criminal cases in which the penalty imposed is reclusion
appeal may be lost or squandered Lebin vs. Mirasol, 657 SCRA 35, perpetua or death, an appeal is not a matter of right but of sound
G.R. No. 164255 September 7, 2011 judicial discretion. It may be availed of only in the manner
13. An appeal by notice of appeal is a mode that envisions the provided by law and the rules. Muñoz vs. People, 548 SCRA 473,
elevation of the original records to the appellate court as to G.R. No. 162772 March 14, 2008
thereby obstruct the trial court in its further proceedings 18. The timeliness of a petition depends not only on its seasonable
regarding the other parts of the case. In contrast, the record on filing but also on the prompt service of copy thereof on the
appeal enables the trial court to continue with the rest of the case adverse party and the Regional Trial Cour Muñoz vs. People, 548
because the original records remain with the trial court even as it SCRA 473, G.R. No. 162772 March 14, 2008
affords to the appellate court the full opportunity to review and 19. ; A motion for extension of time to file a petition for review with
decide the appealed matter. Lebin vs. Mirasol, 657 SCRA 35, G.R. the Court of Appeals is allowed and should be grante Magsaysay
No. 164255 September 7, 2011 Lines, Inc. vs. Court of Appeals, 260 SCRA 513, G.R. No. 111184
14. The perfection of an appeal within the period laid down by law is August 12, 1996
mandatory and jurisdictional, because the failure to perfect the 20. The prohibition against granting an extension of time applies only
appeal within the time prescribed by the Rules of Court causes in a case where ordinary appeal is perfected by a mere notice of
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appeal but it is different in a petition for review where the
pleading is required to be verified, as a petition for review, unlike
an ordinary appeal, requires careful preparation and operose
research in order to put up a persuasive and formidable position.
Magsaysay Lines, Inc. vs. Court of Appeals, 260 SCRA 513, G.R. No.
111184 August 12, 1996
21. Relief from judgment under Rule 38 is a legal remedy whereby a
party seeks to set aside a judgment rendered against him by a
court whenever he was unjustly deprived of a hearing or was
prevented from taking an appeal, in either case, because of fraud,
accident, mistake or excusable negligence. Quelnan vs. VHF
Philippines, 470 SCRA 73, G.R. No. 138500 September 16, 2005
22. A petition for relief from judgment must be filed within: (a) 60
days from knowledge of judgment, order or other proceedings to
be set aside; and (b) six (6) months from entry of such judgment,
order or other proceeding; Petition for relief is actually the “last
chance” given by law to litigants to question a final judgment or
orde Quelnan vs. VHF Philippines, 470 SCRA 73, G.R. No. 138500
September 16, 2005
23. The Court has invariably held that the doctrine of finality of
judgments is grounded on fundamental considerations of public
policy and sound practice—once a judgment becomes final and
executory, the prevailing party should not be denied the fruits of
his victory by some subterfuge devised by the losing party
Quelnan vs. VHF Philippines, 470 SCRA 73, G.R. No. 138500
September 16, 2005
24.