Case Digest (G.R. No. L-8883)
Facts:
In Alfredo M. Velayo, Etc. v. Shell Company of the Philippine Islands, Ltd., G.R. No. L-8883, July 14, 1959, the Supreme Court En Banc, Bautista Angelo, J., writing for the Court.On December 17, 1948, Alfredo M. Velayo, as assignee of the insolvent Commercial Airlines, Inc., filed Civil Case No. 6966 in the Court of First Instance of Manila against Shell Company of the Philippine Islands, Ltd. seeking injunction and damages. During trial intervening complaints were filed: on October 26, 1951 by Alfonso Z. Sycip, Paul Sycip and Yek Trading Corporation, and on November 14, 1951 by Mabasa & Company. At trial the principal plaintiff presented evidence but the intervenors did not present any evidence in support of their claims.
The trial court rendered judgment dismissing the complaint of the principal plaintiff as well as the interventions. On March 31, 1954 counsel for the plaintiff filed a notice of appeal, appeal bond, and the record on appeal in behalf of plaintiff only (though they also represented the intervenors); the court approved and forwarded the record and the evidence to the Supreme Court. The Deputy Clerk of the Supreme Court notified counsel on August 31, 1954 that the record and evidence had been received and that briefs were due; counsel filed a brief for appellants on November 2, 1954.
On November 6 or 7, 1954—about seven months after the judgment had become final as to the intervenors and four days after the filing of the appellants’ brief—the intervenors filed in the Supreme Court a petition to correct the record on appeal to insert their names as appellants, alleging typist error. Shell opposed. The Supreme Court denied the petition on November 12, 1954; a motion for reconsideration was likewise denied. The intervenors then filed in the trial court (November 19, 1954) a petition for relief under Rule 38, Rules of Court, which the trial court denied on November 27, 1954 as filed outside the reglementary period; reconsideration was denied. Subsequent motions to amend the record (filed December 20 and later) were denied (December 27, 1954), and a petition for relief from that order was denied on February 9, 1955 on the ground that the case was already before the Supreme Court. The intervenors then appealed the February 9, 1955 order to the Supreme Court—the appeal now before the Court.
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Issues:
- May the intervenors be added as appellants by correcting or amending the record on appeal after the judgment has become final against them and after the record was forwarded to the Supreme Court?
- Is relief under Rule 38 of the Rules of Court available to set aside an order entered on a motion filed by the intervenors when the petition for relief was filed outside the reglementary period and alleges mistake or negligence?
- Has the intervenors’ appeal become moot by reason of the Supreme Court’s subs...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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