Facts:

• Daisy Gustilo filed an action for ejectment against Juan and Isabel Cabungcal in the Municipal Court of Bacolod City.
• The municipal court ruled in favor of Gustilo.
• The Cabungcals appealed the case to the Court of First Instance of Negros Occidental.
• After a trial de novo, the court also ruled against the Cabungcals.
• The Cabungcals filed a motion for reconsideration, which was denied.
• They filed a notice of appeal on questions of law and submitted the required appeal bond and record on appeal.
• Gustilo filed a motion to dismiss the appeal, claiming that the decision had already become executory.
• The court denied the motion and approved the appeal bond and record on appeal.
• Before the record on appeal was transmitted to the appellate court, Gustilo filed an urgent motion for reconsideration, alleging errors in the record.

Issue:

• (Unlock)

Ruling:

• The trial court retains jurisdiction to set aside its order approving the record on appeal and investigate the accuracy of the record, even after the appeal has been perfected.
• The order setting aside the previous order approving the record on appeal does not vacate the judgment of the lower court or affect the issues involved in the appeal.
• The court based its ruling on Sections 13 and 14 of Rule 41 of the Rules of Court, which allow the trial court to dismiss the appeal before the transmittal of the record on appeal...(Unlock)

Ratio:

• The court's decision is based on the provisions of Sections 13 and 14 of Rule 41 of the Rules of Court.
• These provisions allow the trial court to dismiss the appeal before the tran...continue reading