June 2012 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[G.R. No. 201412 : June 13, 2012]
HENRY DEMANDACO v. FRAILENE A. DEMANDACO AND MELBA D. LEGASA
G.R. No. 201412 (Henry Demandaco v. Frailene A. Demandaco and Melba D. Legasa)
RESOLUTION
After a review of the records, the Court resolves to DENY the instant petition for failure to show that the Court of Appeals committed any reversible error in dismissing petitioner's appeal for having been filed out of time. Clearly, the assailed October 13, 2008 Regional Trial Court (RTC) Order was received by petitioner's counsel of record, Atty. T. Abuda Oneza, on October 22, 2008. The Notice of Appeal therefore filed on December 23, 2008 by another counsel of petitioner, Atty. Gerard M. Linsangan, was beyond the 15-day reglementary period to perfect an appeal. Settled is the rule that the right to appeal is not a natural right or a part of due process; it is merely a statutory privilege and may be exercised only in the manner and in accordance with the provisions of law and failure to perfect an appeal within the prescribed period is not a mere technicality but jurisdictional that renders the judgment final and executory.
Moreover, the present petition suffers from procedural defects in that petitioner failed to attach material portions of the record that would support the petition as required under Section 4(d), Rule 45 of the Rules of Court. Furthermore, the jurat of the verification of the petition and certification against forum shopping lacks affiant's current identification document issued by an official agency bearing the photograph and signature of the individual in violation of Sections 2, 6 and-12, Rule II of the 2004 Rules on Notarial Practice, as amended by A.M. No. 02-8-13-SC (En Banc Resolution dated February 19, 2008). (Peralta, J., Acting Chairperson, per Special Order No. 1228 dated June 6, 2012; Villarama, Jr., J., Acting Member, in lieu of Justice Presbitero J. Velasco, Jr., per Special Order No. 1229 dated June 6, 2012.) cralaw
SO ORDERED.
Very truly yours,
(Sgd.) LUCITA ABJELINA-SORIANO
Division Clerk of Court