G.R. No. 156809 - Estate of Macadangdang vs. Gaviola

Antecedent Facts
On January 18, 2000, Atty. Oswaldo Macadangdang, as court-appointed administrator of the Estate of Felomina G. Macadangdang, filed an unlawful detainer action with damages against respondents occupying portions of four parcels of land covered by TCT Nos. T-6084 to T-6087 in Davao City.
On June 27, 2000, the MTCC, Branch 4, Davao City, rendered judgment ordering:

Defendants and those claiming under them to vacate and remove their structures at their expense;
Monthly rental of ₱500.00 per defendant from decision date until vacation;
Attorney’s fees of ₱5,000.00 each; and
Costs of suit.

Procedural History
Respondents appealed to the RTC but failed to file an appeal memorandum. On September 14, 2000, the RTC dismissed the appeal for that failure and, on petition of the administrator, remanded for execution. The MTCC issued a writ of execution on October 16, 2000, and the RTC denied respondents’ motion for reconsideration on October 30, 2000, for lack of jurisdiction.
Respondents elevated the case to the Court of Appeals. On July 26, 2002, the CA set aside the RTC’s dismissal and remanded the case, holding that (a) dismissal on technical grounds is frowned upon, (b) failure to file a memorandum is abandonment, not jurisdictional, and (c) exceptions to counsel-negligence rules apply in cases of gross mistake. The CA denied reconsideration on December 10, 2002.
Petitioner filed a petition for review with the Supreme Court, assailing the CA Decision and Resolution.

Whether the Court of Appeals erred in reversing the RTC’s dismissal of respondents’ appeal for failure to file an appeal memorandum under Section 7(b), Rule 40 of the 1997 Rules of Civil Procedure.