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Rule 41, Sec2 Marc 27, 2007, Ebesa et al filed MD

contending that the RTC denied NTCs motion to

NTC v Heirs of Ebesa (feb 24, 2016) accept its belated tenderof appeal docket fees
and its motion for reconsideration.
Facts: NTC contended that its belated
payment does not preclude the CA from taking
Early in 2005, NTC filed a case to
cognizance of the appeal and it also claimed
expropriate a lot (for easement right of way)
that the notice of appeal was valid and that the
situated in Quiot, Pardo, Cebu City. It is
record on appeal is not required. NTC argues
declared under the co-ownership of the heirs of
that it is erroneous for the CA to require the
Teodulo Ebesa but is occupied by the Velosos,
filing of a record on appeal. It asserts that
who allegedly purchased the property.
Sec1, Rule 50 confers only a discretionary
On Apr 22, 2005, NTC filed an urgent
power, not a duty, upon the CA to dismiss the
motion for the issuance of a writ of possession
appeal based on the failure to file a record on
alleging that it has deposited w/ the LBP the
appeal as can be deduced from the use of the
amount of 11,300 representing the assessed
word may.
value of the property, and that it has served
notice to take possession to interested parties.
ISSUE: WON the appeal should be dismissed for
July 15, 2005, RTC of Cebu, branch 21,
failure to file record on appeal. YES
issued an order of expropriation, subject to the
payment of just compensation.
Held: There are 3 requirements in order to
July 20, 2005, NTC informed the RTC
perfect an appeal:
that it already complied with the requirement
1. Filing of a notice on appeal
for the payment of just compensation.
2. Payment of docket and other legal fees
Thereafter, on july 21, 2005, RTC issued a writ
3. In some cases, the filing of a record on
of possession.
After the submission of the
All of which must be done w/in the
commissioners report, RTC held on January 9,
period allowed for filing an appeal and failure
2006, that NTC needs to pay Veloso the
to observe any of these reqts is fatal to ones
amount of 35, 179, 984.88 for the 1,479 sqm
lot. The court directed NTC to either
In the case at bar, NTC is required to
immediately pay Veloso the amount of just
pay the docket fees and NTC should have been
compensation fixed plus interest and retain
diligent enough to inquire whether the appeal
possession OR immediately return to Veloso
had been properly filed considering that as a
the possession of the land subject of this case
GOCC, NTC maintains a pool of learned
and await finality of this judgment before
paying the just compensation.
Apart from the failure to pay the docket
January 24, 2006, NTC filed a MR.
fees, the NTC likewise failed to file a record on
denied. NTC appealed with the CA.
appeal. Apparently, the NTC is of the
July 31, 2006, CA directed the NTC to
impression that the record on appeal is only
submit official receipt or proof of payment of
necessary when what is being appealed is the
the appeal fees within 10 days from notice.
first phase of the action, that is, the order of
Aug 18, 2006, NTC filed a
condemnation or expropriation, but not when
manifestation, alleging that it cannot comply
the appeal concerns the second phase of
with the order of the CA as it did not pay
expropriation or the judgment on the payment
appeal docket fees. Contended that the COK
of just compensation.37
refused to accept payment as it is being
exempted from doing so.
In Municipality of Bihan v. Judge Garcia,38 the
Sep 14, 2006, Ebesa et al filed a
Court elucidated, thus:
motion to Dismiss arguing that the RTCs
decision dated January 9, 2006 has become
There are two (2) stages in every action of
final and executory since the payment of
expropriation. The first is concerned with the
docket fees is mandatory and non-payment
determination of the authority of the plaintiff to
thereof will not toll the running of the appeal
exercise the power of eminent domain and the
period. Moreover, they also pointed out the
propriety of its exercise in the context of the
failure of NTC to file the record on appeal
facts involved in the suit. It ends with an order,
which is required under Sec 2, Rule 41 ROC.
if not of dismissal of the action, "of
Sep 27, 2006, NTC filed another
condemnation declaring that the plaintiff has a
manifestation informing the CA that it already
lawful right to take the property sought to be
filed on Sep 18 a manifestation with ex-parter
condemned, for the public use or purpose
motion with the RTC to settle the payment of
described in the complaint, upon the payment
appeal fees.
of just compensation to be determined as of justice, may permit amendments to the answer
the date of the filing of the complaint." x x x. to be made not later than ten (10) days from
the filing thereof. However, at the trial of
The second phase of the eminent domain the issue of just compensation, whether or
action is concerned with the determination by not a defendant has previously appeared or
the Court of "the just compensation for the answered, he may present evidence as to the
property sought to be taken." This is done by amount of the compensation to he paid for his
the Court with the assistance of not more than properly, and he may share in the distribution
three (3) commissioners, x x x.39 (Citations of the award, x x x.
In other words, once the compensation for
NTC asseverates that the rationale for requiring Enriquez' property is placed in issue at the
the record on appeal in cases where several trial, she could, following the third paragraph of
judgments are rendered is to enable the the immediately-quoted Section 3 of Rule 67,
appellate court to decide the appeal without participate therein and if she is not in
the original record which should remain with conformity with the trial courts determination
the court a quo pending disposal of the case of the compensation, she can appeal
with respect to the other defendants or issues. therefrom.
This usually happens in expropriation cases,
when an order of expropriation or Multiple or separate appeals being existent in
condemnation is appealed, while the issue of the present expropriation case, NPC should
just compensation is still being resolved with have filed a record on appeal within 30 days
the trial court.40 It is the contention of the NTC from receipt of the trial court's decision. The
that considering that the first phase of the trial court's dismissal of its appeal, which was
action had already been concluded and no affirmed by the appellate court, was thus in
appeal was taken, the record on appeal is no order.42 (Emphasis, underscoring and italics in
longer necessary. There is no longer any issue the original)
on the order of expropriation, the appeal
having been made on the just compensation The same ratiocination holds with respect to
only. the instant case. While Veloso's co-defendants,
the Heirs of Ebesa, did not file any objection to
The issue replicates that which had been the order of condemnation, they may at any
resolved by the Court in National Power time question the award of just compensation
Corporation v. Judge Paderanga41 In the said that may be awarded by the trial court. While
case, the trial court upheld the propriety of the there was an allegation that the property had
order of condemnation of the property and already been sold by the Heirs of Ebesa to
proceeded to deliberate on the just Veloso, the extent of the said unregistered sale
compensation due the defendants, was not specified hence it is not unlikely that
notwithstanding the failure of one of the the former have remaining interest over the
defendants to file answer. The petitioner, subject property. No proof was likewise
however, appealed the amount of the just presented that the property or portion thereof
compensation awarded by the trial court but was already transferred under Veloso's sole
dispensed with the filing of a record on appeal. ownership. As it is, the Heirs of Ebesa are still
For this reason, the trial court dismissed the the declared owners of the property in the title,
petitioner's appeal, holding that the latter did hence, the probability that they will file a
not perfect its appeal due to its failure to file separate appeal is not remote. It is for this
the record on appeal. The CA affirmed the reason that the record on appeal is being
dismissal and this was upheld by this Court. required under the Rules of Court and the
The Court ruled: NTC's insistence that it is unnecessary and
dispensable lacked factual and legal basis.
That the defendant Enriquez did not file an
answer to the complaint did not foreclose the Finally, the pronouncement of the Court in
possibility of an appeal arising therefrom. For Gonzales, et al. v. Pe43 finds relevance in the
Section 3 of Rule 67 provides: instant case, thus:
Sec. 3. Defenses and objections, x x x. While every litigant must be given the amplest
opportunity for the proper and just
xxxx determination of his cause, free from the
constraints of technicalities, the failure to
A defendant waives all defenses and objections perfect an appeal within the reglementary
not so alleged but the court, in the interest of period is not a mere technicality. It raises
jurisdictional problem, as it deprives the
appellate court of its jurisdiction over the WHEREFORE, in view of the foregoing
appeal. After a decision is declared final and disquisition, the Resolution dated January 14,
executory, vested rights are acquired by the 2009 of the Court of Appeals in CA-G.R. CEB CV
winning party. Just as a losing party has the No. 01380 is AFFIRMED.
right to appeal within the prescribed period,
the winning party has the correlative right to SO ORDERED.
enjoy the finality of the decision on the case.44
(Citation omitted)