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Anunciacion Del Castillo vs. M. Del Castillo etal.

ANUNCIACION DEL CASTILLO, petitioner, vs. MIGUEL DEL CASTILLO and the HON. COURT OF APPEALS, respondents.

G.R. No. L-33186 | 1988-06-27

D E C I S I O N


NARVASA, J.:

The petitioner asks for the reversal of the decision of the Court of Appeals, 1 invoking the familiar rule "that whenever an appeal is taken in a civil case, an appellee who has not himself appealed cannot obtain from the appellate court any affirmative relief other than the ones granted in the decision of the court;" 2 that, in other words, the appellee cannot seek modification or reversal of the judgment or affirmative relief, unless he has also appealed therefrom. 3 Application of the rule is all that is needed to adjudicate the appeal at bar.

The case originated in the Court of First Instance of Cebu 4...