Tuesday, March 6, 2012

Right to appeal is merely a privilege

Failure to perfect an appeal within the reglementary period of 15 days from receipt of the adverse decision results in the loss of the right to appeal. Judgments or orders become final and executory by operation of law and not by judicial declaration. Thus, finality of judgment becomes an established fact upon the lapse of the reglementary period of appeal, if no appeal is perfected or motion for reconsideration or new trial is filed. This jurisprudential rule must be read together with the Uniform Rules on Administrative Cases in the Civil Service. Settled is the rule that the right to appeal is not a natural right or part of due process, but is merely a statutory privilege that may be exercised only in the manner prescribed by law. Failure to perfect an appeal within the prescribed period is not a mere technicality but jurisdictional, and failure to perfect an appeal renders the judgment final and executory. The right is unavoidably forfeited by the litigant who does not comply with the manner prescribed by the rules. Counsel's actions and mistakes on procedural matters bind the client.

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