National Waterworks and Sewerage Authority v. Municipality of Libmanan
REITERATIONFacts
The Antecedents: The Municipality of Libmanan (private respondent) filed a complaint against the National Waterworks and Sewerage Authority (petitioner) for the recovery of the Libmanan Waterworks System, which petitioner took possession of pursuant to R.A. No. 1383. Procedural History: Petitioner failed to file an answer within the reglementary period, leading to its declaration of default by the Court of First Instance (CFI) of Camarines Sur. The CFI rendered judgment ordering petitioner to return the waterworks or pay P300,000. Petitioner's motion to set aside the default order and reconsider the judgment was denied. Petitioner filed a notice of appeal, appeal bond, and record on appeal. The CFI, upon objection, required an amended record on appeal, incorporating the motion to declare defendant in default. Petitioner requested a copy of this motion, which was denied. The CFI granted the motion for execution pending appeal and later dismissed petitioner's appeal for failure to perfect it within the reglementary period. Petitioner's motion for reconsideration of the dismissal was denied, and its amended record on appeal was disapproved. The Petition: Petitioner filed a petition for certiorari and mandamus with preliminary injunction, seeking to enjoin the execution of the CFI's decision and to direct the CFI to approve the original record on appeal.
Issue(s)
Whether the original record on appeal was filed on time, thereby perfecting the appeal in a timely manner. Whether the trial court abused its discretion in dismissing the appeal due to the late filing of the amended record on appeal, considering the circumstances and the interests of justice and fair play.
Ruling
The Court set aside the order of the respondent court dated December 21, 1966, and directed the said court to approve the original and amended records on appeal.
Ratio Decidendi
On the timeliness of the appeal: The Court held that the appeal was perfected on time because the original record on appeal was filed within the reglementary period. Petitioner's motion for reconsideration interrupted the appeal period, and the record on appeal was filed within the remaining period after the motion's denial. The timely filing of the original record on appeal is crucial, and amendments relate back to the original filing date if the original was timely. On the discretion of the trial court: The Court found that the dismissal of the appeal was not in accordance with justice and fair play. Petitioner took reasonable steps to comply with the court's order. The Court considered the difficulties and expenses for counsel, the holiday season, and work pressure as factors contributing to the delay in filing the amended record on appeal. Courts should be cautious in depriving a party of the right to appeal.
Main Doctrine
The timely filing of an original record on appeal, even if subsequently amended out of time, is sufficient to perfect the appeal, provided the amendments relate back to the original filing. The admission of an amended record on appeal filed late rests on the sound discretion of the trial court, to be exercised in accordance with justice and fair play.