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ABE INDUSTRIES, INC. vs.

CA TOPIC: RULE 37

JUNE 8, 1998
PETITION FOR REVIEW ON CERTIORARI?? (Decision didn’t say)
PETITIONERS: Abe Industries, Inc. Teofilo See, Tirso Ampen Se King Fu, Antonio See, Susan
Sy, Sy Chin Koing, Aureliano See and Claudio See
RESPONDENTS: CA, RTC Cebu Judge Ramon AM. Torres, Erlinda Leonardo as
Administratrix, et al.

PETITIONER COURT RESPONDENTS


RTC CEBU COMPLAINT FOR
DECIDED IN R’S FAVOR RECOVERY OF
PROPERTY
IMPT: R received the copy of the decision on Nov. 4, 1985; while Ps received theirs on Nov. 7
NOTICE OF APPEAL RTC CEBU
(Nov. 14, 1985) ORDERED ELEVATION OF
CASE RECORDS TO CA

OPPOSITION RTC CEBU MOTION FOR PARTIAL


-appeal has been perfected so GRANTED R’S MOTION EXECUTION OF THE
RTC lost jurisdiction over the DECISION PENDING
case APPEAL
CA
AFFIRMED RTC’S ORDER
GRANTING PARTIAL
EXECUTION
-Rule 23 of the Interim Rules and
Guidelines relative to
implementation of BP 129: appeal
was not deemed perfected until last
day of 15day reglementary period
to appeal (Nov 22, 1985). Since Ps
received copy of RTC decision on
Nov.7, when R filed her motion for
partial exec pending appeal on
Nov. 9, RTC still had jurisdiction
PETITION FOR REVIEW?
- WON RTC judge still had
jurisdiction to issue special
SC
order granting motion for
DENIED
partial execution after he had
already given due course to an
appeal and ordered elevation
of records to CA

RATIO:
1. Clarification on the meaning of Sec. 23 of the Rules and Guidelines  if one party
already perfected his appeal, the clause “upon the expiration of the last day to appeal by
any party” no longer applies to him, but only to the other party whose period to appeal
has not yet expired

BAUTISTA │ ESTERON │ HIPOLITO │ MANANTAN | RAMIREZ │ PIOQUINTO │ SALES | YAMO 3-EVE


ABE INDUSTRIES, INC. vs. CA TOPIC: RULE 37

2. Since Ps already perfected their appeal on Nov. 15, 1985 the last day to appeal (Nov. 22
1985) had become immaterial. However, the other party received the decision on Nov. 4,
hence that party still had until Nov. 19, 1985 to appeal. Her motion for execution
pending appeal which was filed on Nov. 19, 1985 was therefore filed on time.

BAUTISTA │ ESTERON │ HIPOLITO │ MANANTAN | RAMIREZ │ PIOQUINTO │ SALES | YAMO 3-EVE