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Philippine Nails And Wires Corporation vs Malayan Insurance Company, Inc.

PHILIPPINE NAILS AND WIRES CORPORATION, petitioner, vs. MALAYAN INSURANCE COMPANY, INC., respondent.

G.R. No. 143933 | 2003-02-14

D E C I S I O N

PANGANIBAN, J.:

A trial court has no authority to pass upon the issue of whether an appeal is dilatory or frivolous. For it to do so would constitute a review of its own judgment and a mockery of the appellate process. Only the court reviewing the appeal may rule on that question. On the other hand, procedural lapses, to which no timely objections have been raised, may be deemed waived.

The Case

Before us is a Petition for Review on Certiorari under Rule 45 of the Rules of Court, challenging the March 31, 2000 Decision and the June 29, 2000 Resolution the Court of Appeals (CA)[1] in CA-GR SP No. 33387. The assailed...