Title
Sevilleno vs. Carilo
Case
G.R. No. 146454
Decision Date
Sep 14, 2007
Petitioners filed a damages case dismissed by RTC for lack of jurisdiction. CA dismissed appeal as wrong mode; SC affirmed, stating appeal should have been directly to SC under Rule 45.

Case Summary (G.R. No. L-34952)

Factual Background

On October 28, 1998, the Sevilleno sisters filed a complaint for damages in the RTC against the Carilo spouses, seeking P5,000.00 as actual damages, P400,000.00 for moral damages, P10,000.00 for exemplary damages, and P50,000.00 for attorney's fees. The Carilos countered by filing an answer to dismiss the complaint based on a lack of cause of action.

RTC's Dismissal

On March 23, 1999, the RTC, acting motu proprio, dismissed the case, claiming a lack of jurisdiction over the subject matter. The Sevillenos sought reconsideration, which was denied by the RTC in an Order dated May 18, 1999.

Appeal to the Court of Appeals

Following the RTC's denial of the motion for reconsideration, the Sevillenos filed an appeal to the Court of Appeals (CA). However, this appeal was dismissed because it was deemed to be the incorrect mode of appeal, as the issue concerned the jurisdiction of the RTC—a purely legal question.

Applicable Rules on Appeal

Under Section 2, Rule 41 of the 1997 Rules of Civil Procedure, appeals from the RTC to the CA must follow specific modes. The rules distinguish between appeals based on questions of fact, mixed questions, and pure questions of law. Since the matter at hand was strictly about jurisdiction, it fell under the provision that requires such appeals to be directed to the Supreme Court via a petition for review on certiorari under Rule 45.

Misapplication of Appeal Procedure

The Court of Appeals explained that because the fundamental issue was the RTC's jurisdiction—an issue related exclusively to law—the Sevillenos were required to file their appeal with the Supreme Court. By attempting to pursue an ordinary appeal to the CA, they utilized the wrong procedural route.

Rationale for Dismissal

Overall, the appellate court's rationale hinged on the established principle that qu

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