Professional Documents
Culture Documents
The SC will no longer remand the petition in case of improper appeal, SC will just dismiss the case.
And the dismissal is fatal. Wrong mode of appeal would mean that the decision becomes final and
executory.
Withdrawal of an Appeal
- as a matter of right- anytime before the filing of the appellee’s brief. But once the appellee’s brief
has been filed, then it becomes by way of motion
If it is a wrong remedy, it is not for the RTC to say it. It’s for the appellate court to say it. So kunware
ang desisyon ng RTC, adverse, nag-file ngayon si defendant ng notice of appeal and the defendant says
that the decision of RTC is being appealed to the CA on pure questions of law.
Q: Can the RTC dismiss it?
A: If you follow the case of Philippine Bank vs CA, the answer is no. Because there are only 2 instances
where the RTC can dismiss the appeal outright:
(1) failure to file the NOA within the reglementary period
(2) failure to pay the docket fees