G.R. NO. 167234 - TEODORO C. BORLONGAN, VS. RAFAEL B. BUENAVENTURA AND NORBERTO C. NAZARENO.DECISION - Supreme Court E-Library

Ruling

Accordingly, the Motion for Reconsideration of respondent Nazareno is hereby granted and the charge against him is dismissed. [8] Petitioner filed a petition for certiorari with the Court of Appeals which denied the petition on August 31, 2004. It held that the Ombudsman committed no grave abuse of discretion in its appreciation of the evidence against respondents. Petitioner moved for reconsideration but was denied on February 21, 2005. On March 16, 2005, petitioner filed a motion for extension of time to file petition for review on certiorari and paid the corresponding docket and other lawful fees. [9] On April 11, 2005, petitioner passed away. [10] His counsel subsequently filed the petition on April 18, 2005 with notice to the Court of his client's death. [11] The issue for resolution is whether petitioner's counsel was able to perfect an appeal. The right to appeal is neither a natural right nor a part of due process. It is merely a statutory privilege and may be exercised only in the manner and in accordance with the provisions of law. Thus, one who seeks to avail of the right to appeal must comply with the requirements of the Rules. Non-compliance therewith results in the loss of the right to appeal. [12] The perfection of an appeal in the manner and within the period set by law is not only mandatory, but jurisdictional as well. Failure to perfect an appeal renders the judgment appealed from final and executory. [13] In an appeal by way of petition for review, the appeal is deemed perfected as to the petitioner upon the timely filing of the petition and the payment of docket and other lawful fees. [14] Sections 1, 2 and 3, Rule 45 of the Rules of Court state: SECTION 1. Filing of petition with the Supreme Court . - A party desiring to appeal by certiorari from a judgment or final order or resolution of the Court of Appeals, the Sandiganbayan, the Regional Trial Court or other courts whenever authorized by law, may file with the Supreme Court a verified petition for review on certiorari. The petition shall raise only questions of law which must be distinctly set forth. SEC. 2. Time for filing; extension .The petition shall be filed within fifteen (15) days from notice of the judgment or final order or resolution appealed from, or of the denial of the petitioner's motion for new trial or reconsideration filed in due time after notice of the judgment. On motion duly filed and served, with full payment of the docket and other lawful fees and the deposit for costs before the expiration of the reglementary period, the Supreme Court may for justifiable reasons grant an extension of thirty (30) days only within which to file the petition. SEC. 3. Docket and other lawful fees; proof of service of petition . - Unless he has theretofore done so, the petitioner shall pay the corresponding docket and other lawful fees to the clerk of court of the Supreme Court and deposit the amount of P500.00 for costs at the time of the filing of the petition. Proof