Professional Documents
Culture Documents
SECOND DIVISION
PADILLA, J.:
This is a petition for review on certiorari under Rule 45 of the Rules of
Court of the decision * of the respondent appellate court in CA-G.R.
SP No. 17905 dated 22 August 1989, which set aside the order dated
18 May 1989 of the Regional Trial Court of Makati (Branch 58) in Civil
Case No. 15027.
The antecedent facts are not in dispute. As determined by the
respondent appellate court:
It appears that on September 30, 1986 Jose Ma. Abello, purporting to
be president of petitioner PAIC, filed a complaint for replevin and
damages against the defendant private respondents Ricardo P. Lirio
and John Doe. Petitioner alleged that it is a domestic corporation and
that it was the registered owner of a car more particularly described
as follows:
MAKE : MITSUBISHI GALANT SALOONTYPE : 4-DOOR SEDAN
MOTOR NO. : BS-6450SERIAL NO. : A163 NJL-692MODEL NO. :
1983PLATE NO. : L-PEK-828
forward the case and elevate its records to the appellate court for
consideration and resolution of the said perfected appeal.
The controversy thus hinges on the basis of the trial court's authority
to issue the questioned order of 18 May 1989.
Rule 41 of the Rules of Court, specifically, Section 9 thereof,
provides:
When appeal deemed perfected; effect thereof. If the notice of
appeal, the appeal bond, and the record on appeal have been filed in
due time, the appeal is deemed perfected upon the approval of the
record on appeal and of the appeal bond other than a cash bond, and
thereafter the trial court loses its jurisdiction over the case, . . . .
Under the present procedure for appeal from the regional trial court to
the Court of Appeals, in cases originally filed in the former, as spelled
out in the Interim Rules and Guidelines promulgated by this Court on
11 January 1983, the filing of a record on appeal, except in cases
with multiple appeals, is dispensed with. Likewise, there is no longer
any requirement for the filing of an appeal bond. The appeal is taken
by filing a notice of appeal with the regional trial court that rendered
the judgment appealed from; and the appeal is perfected upon the
expiration of the last day to appeal by any party (pars. 20 and 23;
Interim Rules, etc.).
Upon perfection of the appeal, jurisdiction transfers to the appellate
court and the lower court, in this case, the trial court, cannot proceed
in any manner so as to affect the jurisdiction acquired by the
appellate court, or to defeat the right of the appellant to prosecute his
appeal. However, the perfection of an appeal to the appellate court
does not altogether operate to deprive the trial court of the authority
to act with reference to matters not relating to the subject matter of, or
affecting the appeal.
Thus, the afore-cited Rule goes on to state that:
. . . except to issue orders for the protection and preservation of the
rights of the parties which do not involve any matter litigated by the
appeal, to approve compromises offered by the parties prior to the
transmittal of the record on appeal to the appellate court, and to
Footnotes