National Power Corporation v. Laohoo, et.al.

GR No. 151973 July 23, 2009

Facts:
The NAPOCOR decided to acquire an easement of right-of-way over respondents properties
located at Barangay San Andres and Poblacion, Municipality of Catbalogan, Samar for its proposed 350
KV Leyte-Luzon HVDC Power TL Project. Thus, on October 2, 1996, petitioner filed two complaints
before the RTC against Spouses Laohoo (Civil Case No. 6890), and Spouses Miel (Civil Case 6891). Both
actions sought to acquire an easement of right-of-way over portions of respondents properties
consisting of 3,258 square meters of the properties of Spouses Laohoo, and 4,738 square meters for the
properties of Spouses Miel.
On November 13, 1996, the RTC issued two orders directing the Sheriff of the RTC to place
petitioner in possession of the premises upon deposit with the PNB of the amount of Php 6 million, as
provisional value fixed by the trial court in Civil Case No. 6890, and an amount of Php 8 million as
provisional value fixed by the trial court in Civil Case No. 6891. However, petitioner prayed, as it filed an
Urgent Joint Motion to Reduce Amount of Report, that the provisional deposit fixed in both cases be
reduced to a reasonable amount, as to be determined by the trial court. Thus, the provisional amounts
were reduced to Php 2.5 million and Php 3 million, respectively. With this, petitioner deposited the
aforementioned amounts with the PNB Catbalogan, Samar Branch. Thus, on February 28, 1997, the RTC
issued an order allowing the petitioner to enter the subject properties.
On September 15, 1997, the trial court issued two orders requiring the petitioner to pay the
amount fixed just compensation at Php 2, 000 per square meter. The said decision was received by
petitioner on September 25, 1997. On October 2, 1997, petitioner filed their Motion for
Reconsideration in both cases which were denied in an order dated October 14, 1997. Petitioner filed
Notices of Appeal which were dismissed by the trial court in an order dated December 10, 1997 for
being filed out of time.
On March 13, 1998, the trial court issued two orders directing petitioner to deposit with the
PNB fixed as just compensation. However, petitioner still filed a Motion for Reconsideration of the
Orders dated December 10, 1997 and March 13, 1998, praying that its notices of appeal be admitted.
The said Motion was denied.
On August 27, 1998, the trial court issued two separate orders reiterating its previous orders for
petitioner to deposit with the PNB the amounts adjudged as just compensation on or before September
16, 1998. However, during the hearing on September 29, 1998, the trial court was informed by the
manager of the said PNB branch that petitioner had not yet deposited the prescribed amounts with the
bank. Thus, on October 1, 1998, the RTC directed the issuance of the Writs of Execution for the
Enforcement of the Courts Judgment dated September 15, 1997, on the premise that the judgment of
the RTC had become final and executory. On October 2, 1998, the RTC issued the Writs of Execution for
Civil Case Nos. 6890 and 6891, and also issued Notices of Garnishment on the petitioners accounts with
the Land Bank of the Philippines.
On October 27, 1998, petitioner filed a petition for certiorari, prohibition and preliminary
injunction with prayer for a temporary restraining order with the CA. This was dismissed on the ground
of late filing. Thus, petitioner instituted a petition for certiorari under Rule 65.
Ruling:
Petition was dismissed.
1. On the dismissal of the petition by the CA on the ground of late filing
The failure of the petitioner to perfect an appeal within the period fixed by law renders final the
decision sought to be appealed. As a result, no court could exercise appellate jurisdiction to review the
decision. It is settled that a decision that has acquired finality becomes immutable and unalterable and
may no longer be modified in any respect, even if the modification is meant to correct erroneous
conclusions of fact or law and whether it will be made by the court that rendered it or by the highest
court of the land. Otherwise, there will be no end to litigation and this will set to naught the main role
of courts of justice to assist in the enforcement of the rule of law and the maintenance of peace and
order by settling justiciable controversies with finality.
As in the case at bar, the trial courts Order dated September 15, 1997 was a final order fixing
the just compensation for the expropriated lots of the respondents and, thus, completely disposed of
the controversy between the party litigants. Petitioner should have timely appealed the assailed RTC
Order under Section 1, Rule 41 of the Rules of Court. In this case, petitioner received on September 25,
1997 a copy of the Order of the trial Court dated September 15, 1997 fixing the amount of just
compensation on the respondents properties. On October 2, 1997, or on the 7
th
day from receipt of the
Order dated September 15, 1997, petitioner filed a motion for reconsideration. The RTC denied the
motion in an Order dated October 14, 1997, which was received by petitioners counsel on October 15,
1997. Therefore, petitioner had the remaining period of eight days, or until October 23, 1997, within
which to appeal. Thus, the filing of the Notice of Appeal on October 30, 1997 was already late.
Since the appeal was not filed within the reglementary period of 15 days as provided by the
Rules, the appeal is dismissible for having been filed out of time. The approval of a notice of appeal
becomes the ministerial duty of the lower court, provided the appeal is filed on time. If the notice of
appeal is, however, filed beyond the reglementary period, the trial court may exercise its power to
refuse or disallow the same in accordance with Section 13 of Rule 41 of the Rules of Court.
In addition to the non-perfection of the appeal on time, records show that the notice of appeal
failed to indicate the date when the petitioner received the Order denying its motion for
reconsideration. The rules require that the notice of appeal shall state the material dates showing the
timeliness of the appeal. The indication of date is important in order for the trial court to determine the
timeliness of the petitioners appeal.
2. On the applicability of the fresh period rule in the present case
The Neypes rule, which allowed a fresh period of fifteen days within which to file a notice of
appeal in the RTC, counted from receipt of the order dismissing a motion for a new trial or motion for
reconsideration, was held inapplicable to the present case although procedural laws may be given
retroactive effect to actions pending and undetermined at the time of their passage. However, there
being no vested rights in the rules of procedure, said retroactive application of procedural rules does not
extend to actions that have already become final and executory, like the Order of the trial court in the
instant case.
3. On the issue of whether the period to file an appeal is to be counted from the receipt by the
Office of the Solicitor General of the order or decision and not from the receipt by the NAPOCOR
lawyers
It may be logically inferred in this case that NAPOCOR lawyers, who had been designated or
deputized as special attorneys of the OSG, had the authority to represent the petitioner and file the
notice of appeal. It is not only lawful, but also in accordance with the normal and standard practice that
notices be sent to said special Attorney to avoid delays and complications. Precisely, the OSG has no
time and manpower to handle all the cases of diverse government entities such that deputization is
authorized by law to cope with such contingencies. Since NAPOCOR lawyers had the authority to
represent petitioner, the notice of appeal filed by these special attorneys was binding upon it, and so
was their omission to file the same on time.
4. On the payment of CAs docket and other lawful fees on time as a ground for dismissal of case
It is a rule that within the period for taking an appeal, the appellant shall pay the full amount of
the appellate courts docket and other lawful fees. In the absence of such payment, the trial court may,
motu proprio or on motion, dismiss the appeal for non-payment of the docket fees and other lawful fees
within the reglementary period. Since petitioner failed to pay the docket fees and other lawful fees
within the reglementary period, as reflected by official receipts that the payment was made only after
five months from the filing of the notice of appeal, it is apparent that the dismissal of the appeal by the
trial court was in order.
The payment of docket fees within the prescribed period is mandatory for the perfection of the
appeal. Without such payment, the appellate court does not acquire jurisdiction over the subject
matter of the action, and the decision sought to be appealed from becomes final and executory.
Likewise, petitioners argument is self-defeating, considering that it did not file any record on appeal
within the reglementary period provided by the Rules after its receipt of the trial courts order. Further,
the filing of a record on appeal is no longer necessary, as the RTC has fully resolved all the issues in the
present case when the writ of garnishment was duly satisfied. The PNB had already delivered the
money under garnishment by issuing certified checks in the amount specified by the court.
5. On the counsels act being binding on the client
The general rule is that a client is bound by the acts, even mistakes, of his counsel in the realm
of procedural technique. The exception to this rule is when the negligence of counsel is so gross,
reckless and inexcusable that the client is deprived of his day in court. The failure of a partys counsel to
notify him on time of the adverse judgment to enable him to appeal therefrom is negligence, which is
not excusable. Notice sent to counsel of record is binding upon the client, and the neglect or failure of
counsel to inform him of an adverse judgment resulting in the loss of his right to appeal is not a ground
for setting aside a judgment valid and regular on its face. Thus, service of a copy of the decision or
orders of the court on Atty. Cinco, one of the three lawyers representing the petitioner, is deemed
service upon the petitioner. The failure of Atty. Cinco to file the necessary notice of appeal on time
binds the petitioner.
6. On the propriety of the petitioners choice of the remedy of certiorari under Rule 65
The Court has emphasized, in its long line of decisions, that a special civil action for certiorari
under Rule 65 lies only when there is no appeal, nor plain, speedy and adequate remedy in the ordinary
course of law. That action is not a substitute for a lost appeal in general; it is not allowed when a party
to a case fails to appeal a judgment to the proper forum. Where an appeal is available, certiorari will
not prosper, even if the ground therefor is grave abuse of discretion.
In the present case, this remedy was remedy was resorted to by the petitioner due to the fact
that its notice of appeal was dismissed by the RTC for having been filed out of time. Petitioner went to
the CA alleging grave abuse of discretion on the part of the trial court in dismissing its notice of appeal.
However, no grave abuse of discretion can be attributed to the trial court in dismissing the appeal, as
the same was filed beyond the period provided by the rules.