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Ramon Oro vs Judge Gerardo Diaz, et al

RAMON ORO, petitioner, vs. JUDGE GERARDO D. DIAZ, Presiding Judge, Regional Trial Court, Branch 68, Dumangas, Iloilo; and DONATO MANEJERO, respondents.

G.R. No. 140974 | 2001-07-11

D E C I S I O N

PANGANIBAN, J.:

The power of the trial court to disallow or disapprove a notice of appeal that has been filed out of time is expressly recognized by the Rules of Court. The approval of the notice becomes a ministerial duty of the court only when the appeal is filed on time. Otherwise, the court has the discretion to refuse or disallow it in accordance with the Rules.

The Case

Before us is a Petition[1] for Certiorari under Rule 65 of the Rules of Court. The Petition challenges the Order[2] dated September 15, 1999, issued in Civil Case No. 99-070 by the Regional Trial Court (RTC), Branch 68, Dumangas, Iloilo. The RTC...