BANK OF AMERICA, NT & SA, vs. HON. NICOLAS A. GEROCHI, JR., Judge of the Regional Trial Court of Makati, Branch CXXXIX, ROY VILLASOR and AURORA M. VILLASOR.
- G.R. Number: G.R. No. 73210
- Promulgated: 1994-02-10
- Ponente: Vitug, J.
Doctrine
Provisions of the Rules of Court should be liberally construed to secure just, speedy, inexpensive determinations, but prescribed reglementary periods must be strictly observed to prevent needless delay.
Timeliness of an appeal is a jurisdictional requirement; absent truly extraordinary circumstances comparable to established precedents, courts will not relax reglementary periods.
Facts
The trial court rendered judgment for plaintiffs Roy and Aurora Villasor, awarding P28,000 actual damages, P1,000,000 moral damages, P200,000 attorney’s fees, interest and costs; defendant's counterclaim was dismissed. (judgment and dismissal repeated in modified order).
Petitioner (Bank of America) filed a petition for review (appeal) which respondents opposed as filed out of time.
The Court reiterated the general rule that Rules of Court provisions should be liberally construed to secure just, speedy, inexpensive determinations, but reglementary periods must be strictly observed.
The Court noted exceptional instances where delay was excused (e.g., Ramos v. Bagasao, G.R. No. L-51552, 28 February 1980; a prior ruling) but found the present case did not present similar extraordinary circumstances.
Issues
Whether the petition for review (appeal) was timely filed and thus the Court has jurisdiction to entertain it.
Ruling
The Court held the appeal was filed out of time and that the exceptional circumstances relied upon did not obtain here; timeliness of appeal is jurisdictional and cannot be relaxed. Accordingly, the petition for review is DENIED.
The Court affirmed the trial disposition in favor of the Villasors as previously ordered (award amounts and dismissal of counterclaim).
Keywords
G.R. No. 73210, Rules of Court, liberal construction, reglementary periods, perfection of appeals, appeal by certiorari, Civil Case No. 44821, joint dollar checking account, dishonored checks, insufficient funds, actual damages, moral damages, attorney's fees, legal interest, preponderant evidence, Counterclaim, Motion to Amend Decision, California law Section 44, check, amount