REYNALDO SAN PEDRO [DECEASED] VS. SPOUSES ANGELITO TRINIDAD
- G.R. Number: G.R. No. 272300
- Promulgated: 2025-04-07
- Ponente: GAERLAN, J.
Doctrine
## Facts of the Case Spouses Angelito and Consuelo Trinidad filed a forcible entry case against Reynaldo San Pedro before the Municipal Trial Court (MTC). The spouses alleged ownership of a property based on a Deed of Absolute Sale with Waiver of Rights (DOAS) signed by Reynaldo and claimed Reynaldo entered the property through force, strategy, and stealth. Reynaldo countered that he had been in continuous possession and that the spouses were never dispossessed. The MTC dismissed the forcible entry case, finding that the spouses failed to prove prior physical possession. On appeal, the Regional Trial Court (RTC) treated the case as an accion publiciana, finding it had jurisdiction based on the property's assessed value. The RTC noted that Reynaldo had transferred his rights as a lessee of the land and sold the building thereon to the spouses Trinidad via the DOAS, which it upheld as valid despite Reynaldo's claim of it being a loan. The RTC ordered Reynaldo to vacate the property. Reynaldo filed a Notice of Appeal with the Court of Appeals (CA). The CA dismissed the appeal for being an improper mode of review, stating that appeals from RTC decisions rendered in its appellate jurisdiction should be by petition for review under Rule 42, not by ordinary appeal under Rule 41. Reynaldo filed a Petition for Review on Certiorari before the Supreme Court, arguing that the RTC decision was rendered in its original jurisdiction. ## Issues 1. Did the CA err in ruling that the appropriate mode of appeal from the RTC decision was a petition for review under **Rule 42** instead of an ordinary appeal under **Rule 41**? ## Decision / Rationale **Issue 1:** The Court ruled that the CA did not err in dismissing Reynaldo's appeal. The Court held that the RTC's decision was rendered in the exercise of its **appellate jurisdiction**, even though it tried the case on the merits "as if the case was originally filed with it" under **Rule 40, Section 8** of the **Rules of Court**. Citing **De Vera v. Spouses Santiago**, the Court reiterated that the phrase "as if the same was originally filed before it" does not convert the RTC's jurisdiction from appellate to original. The case originated in the MTC and reached the RTC via appeal, making the RTC's jurisdiction appellate. If the RTC has original jurisdiction over the subject matter, it proceeds to try the case to promote convenience and judicial economy, rather than dismissing it and forcing refiling. Since the RTC exercised appellate jurisdiction, the proper mode of appeal to the CA is a **petition for review** under **Rule 42, Section 2(b)** of the **Rules of Court**, not a notice of appeal. Under **Rule 50, Section 2**, an appeal by notice of appeal instead of a petition for review from an RTC's appellate judgment shall be dismissed. Therefore, the CA correctly dismissed Reynaldo's notice of appeal for being an improper mode. The Court then affirmed the RTC's decision ordering Reynaldo to vacate the property, noting the validity of the notarized DOAS. ## Doctrines - **Rule 40, Section 8 (Rules of Court)**: When an MTC tries a case on the merits without jurisdiction, and the RTC on appeal has original jurisdiction, the RTC shall not dismiss the case but instead try it on the merits as if originally filed with it. This does not change the RTC's jurisdiction from appellate to original. - **Appellate Jurisdiction of RTC under Rule 40, Section 8**: A decision rendered by an RTC pursuant to **Rule 40, Section 8** is considered to be in the exercise of its appellate jurisdiction. - **Proper Mode of Appeal from RTC (Appellate Jurisdiction) to CA**: Appeals from decisions of the RTC rendered in its appellate jurisdiction to the CA must be by **petition for review** under **Rule 42**, not by ordinary appeal under **Rule 41**. - **Dismissal of Improper Appeal**: An appeal filed through an improper mode (e.g., notice of appeal instead of petition for review from an RTC's appellate judgment) shall be dismissed.…
Keywords
Rule 40 Section 8 Rules of Court, Rule 41 Section 2(b) Rules of Court, Rule 50 Section 2 Rules of Court, Article 1495 Civil Code, Principle of Judicial Economy, Forcible Entry, Accion Publiciana, Mode of Appeal, Jurisdiction over Subject Matter, Petition for Review on Certiorari, Notice of Appeal, Appellate Jurisdiction, Original Jurisdiction, Physical Possession, Deed of Absolute Sale, Presumption of Regularity, Prima Facie Evidence, Certiorari, Petition denied, Resolutions affirmed