Facts:

• The case involves petitioners Thelma Tanalega and Fernando Roman against Judge Tito V. Tizon and private respondents Antonio and Nellie C. Delgado.
• A civil suit was filed by the private respondents concerning Lot No. 592 of the Mariveles Cadastre.
• On July 16, 1968, the Court of First Instance (CFI) ruled in favor of the private respondents, declaring the reopening of Cadastral Case No. 19 null and void.
• The CFI set aside a previous decision from May 2, 1967, and revoked the petitioners' Original Certificate of Title No. 135.
• The court recognized the private respondents as the lawful owners of the lot and validated the petitioners' Original Certificate of Title No. 212.
• The petitioners received the decision on July 23, 1968, and filed a motion to set it aside on August 10, 1968, which was denied on November 11, 1968.
• They filed a notice of appeal, an appeal bond, and a motion for a 15-day extension to file their record on appeal, which was granted on November 26, 1968.
• The petitioners submitted their record on appeal on December 5, 1968.
• On January 27, 1969, the judge denied the approval of the record, claiming the appeal was not perfected on time, prompting the petitioners to challenge this order in the Supreme Court.

Issue:

• (Unlock)

Ruling:

• The Supreme Court ruled that the denial of the approval of the record on appeal was unjustified, as the record did not indicate that the appeal was not perfected on time.
• The Court found that the respondent judge abused his discretion by refusing to permit th...(Unlock)

Ratio:

• The Supreme Court emphasized that the purpose of a record on appeal is to present necessary facts for the appellate court's review of lower court rulings.
• The Court noted that the trial court can take judicial notice of its own records to verify the timeliness of the appeal.
• The Court criticized the respondent judge for not utilizing this power and for disregarding his prior order granting the extension to file the re...continue reading