Facts:

• The case Smith v. Kapunan (G.R. No. L-9307) was decided on February 9, 1956.
• Petitioners Helen Smith and Sven Smith were defendants in a civil case (No. 30232) in the Municipal Court of Manila.
• The court ordered them to pay plaintiff Teresa Peyer P216 for unpaid rentals and water charges.
• The Smiths appealed to the Court of First Instance of Manila (civil case No. 23688).
• They were notified on August 7, 1954, to file their answer to the appeal, which they submitted on August 17, 1954.
• They failed to serve a copy of their answer to the plaintiff.
• On February 24, 1955, Peyer filed a motion to dismiss the appeal due to this failure.
• On March 8, 1955, Judge Vicente Santiago dismissed the appeal for non-compliance with Section 7, Rule 40 of the Rules of Court.
• On May 17, 1955, Peyer filed a petition asserting the dismissal had become final and executory, requesting remand for execution.
• The Smiths opposed, claiming their appeal vacated the municipal court's judgment.
• On May 30, 1955, Judge Ruperto Kapunan, Jr. ordered the remand of records for execution.
• The Smiths then filed a petition for certiorari, alleging excess of jurisdiction and grave abuse of discretion.

Issue:

• (Unlock)

Ruling:

• The Supreme Court found the dismissal of the appeal erroneous but final and executory due to the petitioners' failure to seek relief.
• Judge Ruperto Kapunan, Jr. did not exceed his jurisdiction or abuse his discretion in remanding the case for execution.
• The petition ...(Unlock)

Ratio:

• The court acknowledged the dismissal was erroneous but noted the petitioners' inaction rendered it irrevocable.
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