Case Digest (G.R. No. L-28453)
Facts:
Eusebio Toribio, et al. v. Gregorio D. Montejo, Judge of the Court of First Instance, Zamboanga City, and the spouses Justa Toribio and Rosendo Cabaya Cruz, G.R. No. L-28453, March 21, 1975, Supreme Court Second Division, Fernando, J., writing for the Court.Petitioners — siblings and heirs identified as Eusebio Toribio, Gregoria Toribio, Cirila Toribio, Agustina Toribio, Ruperta Toribio, Consorcia Toribio, Victoriano Toribio, Marciano Toribio, and Catalina Toribio — were appellants in Civil Case No. 627 of the Court of First Instance (CFI) of Zamboanga City. The trial court rendered a decision adverse to petitioners; they filed their Notice of Appeal, appeal bond, and Record on Appeal on the last day for perfection of the appeal.
On November 22, 1967, respondent Judge Gregorio D. Montejo issued an order refusing to approve the Record on Appeal and dismissing the appeal because the Record on Appeal was unsigned by petitioners or their counsel; the court further held that a separately filed Notice of Hearing could not cure the defect and declared the trial court decision final and executory. The private respondents in the action below were the spouses Justa Toribio and Rosendo Cabaya Cruz.
Petitioners filed an original action for mandamus in the Supreme Court seeking to compel the trial court (through its successor judge) to approve the Record on Appeal and to set aside the order dismissing the appeal. A preliminary injunction was issued by the Court below against enforcement of the November 22, 1967 order; that injunction was carried in...(Subscriber-Only)
Issues:
- Did the Court of First Instance err in dismissing the appeal and declaring the trial court decision final and executory because the Record on Appeal was unsigned?
- Is failure to serve copies, obtain signatures on the Record on Appeal, or secure court approval of the appeal bond a jurisdictional defect mandating dismissal, or is it a directory/curable technicality when no substantial right ...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)