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Roman Santos, Jr. Vs. Court of Appeals

ROMAN SANTOS, JR. and HERMINIA SANTOS, petitioners, vs. THE HON. COURT OF APPEALS and FRANCISCO S. NIGOS, respondents.

G.R. No. L-56614 | 1987-07-28

D E C I S I O N


TEEHANKEE, J.:

The Court sets aside respondent appellate court's ** decision, since it acted beyond its jurisdiction in entertaining respondent's special civil action to give due course to an appeal from a judgment that had long become final and executory. Respondent's failure to timely seek a review of the trial court's judgment through a petition for certiorari under R.A. No. 5440 as the correct mode of appeal, (and not by the discarded notice and record on appeal) notwithstanding the trial court' s express directive to do so, rendered the judgment final and executory with the lapse of the 30-day statutory period for...