Case Digest (A.M. No. 326-CJ)
Facts:
This case involves Simeona Cumplido as the petitioner and Presentacion Mendoza, among others, as the respondents. The events leading to the petition began in Civil Case No. 1959 in the Court of First Instance (CFI) of Bulacan, where Mendoza sought to quiet title against Cumplido and others regarding a disputed property. On March 13, 1962, the CFI rendered a judgment in favor of Cumplido, affirming her ownership of the entire property. Mendoza then filed a motion for reconsideration on April 10, 1962, claiming insufficient evidence supported Cumplido's ownership. The trial court granted Mendoza's motion, resulting in an amended decision issued on April 27, 1962, which awarded a half portion of the property to Mendoza and required Cumplido to vacate the premises. Cumplido received this order on April 28, 1962.
On May 23, 1962, Cumplido filed a notice of appeal and paid a cash appeal bond of PHP 60.00. Subsequently, she requested a fifteen-day extension for filing a recor
Case Digest (A.M. No. 326-CJ)
Facts:
- Background of the Case:
- The case involves a petition for Mandamus with Preliminary Injunction filed by Simeona Cumplido to compel the Presiding Judge of the Court of First Instance (CFI) of Bulacan to give due course to her appeal and to restrain the implementation of an order of execution dated September 3, 1982.
- The underlying case, Civil Case No. 1959, was a Quieting of Title action filed by Presentacion Mendoza against Simeona Cumplido, Dominador de Jesus, and Andres Mendoza.
- Judgment in the Lower Court:
- The CFI of Bulacan initially ruled in favor of Simeona Cumplido, declaring her as having a better right over the entire property in litigation.
- The court ordered Presentacion Mendoza and Andres Mendoza to vacate the premises within 80 days after the decision became final.
- Motion for New Trial/Reconsideration:
- On April 10, 1962, Presentacion Mendoza filed a motion for new trial and/or reconsideration, arguing that the evidence was insufficient to justify the decision.
- The lower court granted the motion and amended its decision, awarding one-half of the property to Presentacion Mendoza and the other half to Simeona Cumplido.
- Attempt to Perfect the Appeal:
- Simeona Cumplido received the amended decision on April 28, 1962.
- On May 23, 1962, she filed a Notice of Appeal and deposited a cash appeal bond of P60.00.
- On May 26, 1962, she filed a Motion for a 15-day Extension to file the Record on Appeal.
- Due to the absence of a presiding judge, the motion was not acted upon.
- On June 13, 1962, Cumplido filed the Record on Appeal, which was one day late based on the requested extension period.
- Opposition to the Record on Appeal:
- Presentacion Mendoza opposed the approval of the Record on Appeal, arguing that the appeal was not perfected on time because the cash appeal bond was not served on her and the Record on Appeal was filed late.
- The respondent judge denied the approval of the Record on Appeal and dismissed the appeal.
- Issuance of Writ of Execution:
- The trial court denied Cumplido’s motion for reconsideration and ordered the issuance of a writ of execution to enforce the judgment.
- Petition for Mandamus:
- Simeona Cumplido filed a petition for mandamus, claiming that the respondent judge unlawfully neglected his duty and gravely abused his discretion in denying the appeal.
Issues:
- Whether the appeal was perfected on time in accordance with the rules.
- Whether the failure to serve the cash appeal bond on the adverse party affects the perfection of the appeal.
- Whether the Record on Appeal was filed within the prescribed period.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)