Mun. Govt of Coron vs.

Carino
GR no. L-65894 (Sept 24, 1987)
Facts:

Then Pres Marcos directed the mayor of Coron to clear a certain space the
government then needed. The clearing of that space would require the demolishment of
respondents structures. The case was brought to court. After a series of postponements, a
date for the final hearing was set, during which respondents and their counsel failed to
appear. Upon petitioners motion that respondents failure to appear be construed as a
waiver of their right to cross-examine petitioners witnesses and to present evidence, the
case was submitted for decision.
Respondents appealed but failed to submit the required printed copies of their record
on appeal. Respondents also failed to act on the appellate courts directive to show cause
why their appeal should not be dismissed.
The resolution dismissing respondents appeal became final and executory on
September 27, 1982, and a writ of execution issued on February 1, 1983.
BP 129 (Sec. 39): No record on appeal shall be required to take an appeal...
Interim of Rules of Court promulgated on Jan 11, 1983 (Secs. 18): ...the filing of a
record on appeal shall be dispensed with...
(Sec. 19b): ...In appeals in special proceedings in accordance with Rule 109 of the
Rules of Court and other cases wherein multiple appeals are allowed, the period of appeal
shall be 30 days, a record of appeal being required.
In a supplemental motion dated April 12, 1983, respondents maintained that since,
under the present law, printed records on appeal are no longer required, the rule on
technicalities should be relaxed and their right to appeal upheld.
On July 29, 1983, the appellate court issued a resolution seeking to revive the case.
Held:

The right to appeal is merely a statutory privilege that may be exercised only in the
manner provided for by law.
Quoting Alday vs. Camilon, Statues regulating the procedure of the court will be
construed as applicable to actions pending and undetermined at the time of their passage.
Procedural rules are retrospective in that sense and to that extent.