De Liano v. Court of Appeals, G.R. No. 142316.
November 22, 2001; 370 SCRA 349 (2001)
Facts:
- This case stemmed from a civil case that was filed by Tango before the RTC of Quezon City for the cancellation of 2 Real
Estate Mortgages executed by Tango in favor of San Miguel Corporation.
- The RTC rendered its decision ordering San Miguel Corporation to release to Tango the REM contracts to cause the
cancellation of the annotation on Tango’s Certificate of title.
- SMC appealed the Trial Court’s Decision to the CA, CA, However dismissed the appeal due to procedural lapses where in
this case the appellant’s Brief did not contain a Subject Index nor a Table of Cases and Authorities, with page references.
Moreover, the Statement of the Case, Statement of Facts, and Arguments in the Brief has no page reference to the record
as required under Section 13 of Rule 44 of the Rules of Court and is a ground for dismissal under Section 1 (f), Rule 50.
- Motions were filed for reconsideration and to Admit Amended Defendants-Appellants' Brief.
- Both were denied.
- Hence the present petition.
Issue:
- Whether or not the amended Defendants-Appellants' Brief should be granted?
Ruling:
- The Supreme Court denied the petition emphasizing the importance of adhering to procedural requirements for appellants’
briefs. The Court explained that the right to appeal is statutory and must align strictly with established legal procedures,
which are intended to facilitate efficient and orderly case management in appellate courts.
- The Court cited Justice Malcolm’s explanation on the purpose of a “brief,” noting that it is to present issues and arguments
concisely and systematically to assist the court in its review. The rules are not arbitrary but are designed to help appellate
courts process appeals effectively, particularly given the potential volume of materials they must examine.
- In this case, The petitioner’s appeal was dismissed due to a failure to meet the formal requirements for an appellant’s brief
under Rule 44, Section 13. Specifically, the appellant’s initial brief omitted key elements such as a proper subject index, an
assignment of errors, a statement of the case, and page references to the record, as mandated by the rules. An amended
brief was later submitted but similarly failed to meet these requirements, as it had an assignment of errors but no
statement of issues. The "statement of facts" lacked page references to the record, and authorities were cited in an
improper manner, that is, the exact page of the report where the citation was lifted went unspecified.
Note:
The text outlines key components of the appeal process in appellate courts:
1. Subject Index: A concise reference guide that allows the reviewing court to quickly find the relevant parts of an appeal
brief, thus preventing the need to sift through voluminous documents.
2. Assignment of Errors: This is a list of specific errors alleged by the appellant in the trial court’s judgment, which must be
clearly articulated. A vague or general assignment of errors is unacceptable. The assignment must specify where the trial
court went wrong in law or fact, enabling the appellate court to focus on those points.
3. Statement of the Case: This provides a summary of the case, including the proceedings before the trial court, the issues
appealed, and the judgment. It offers the appellate court necessary context to understand the appeal.
4. Statement of Facts: This section presents the factual background of the case, which is crucial for the legal argument. The
facts must be accurate, supported by the record, and referenced with specific page numbers. Misstatements or
unsupported facts can lead to dismissal of the appeal.
5. Statement of Issues: This outlines the legal or factual questions the appellate court needs to resolve. It is distinct from
the assignment of errors, which lists alleged mistakes in the trial court’s decision.
6. Arguments: The appellant must provide arguments supporting the errors assigned, backed by legal authorities. Failure to
cite legal authorities for the arguments is considered inexcusable. The absence of citations may result in the court ignoring
those arguments unless they are self-evident.
7. Reliefs Prayed For: The appellant must clearly state the desired outcome of the appeal, so the court knows what remedy
is being requested.
Legal Basis:
Section 13, Rule 44 of the Revised Rules of Court governs the format to be followed by the appellant in drafting his brief, as
follows:
Contents of appellant's brief. — The appellant's brief shall contain, in the order herein indicated, the following:
(a) A subject index of the matter in the brief with a digest of the arguments and page references, and a table of cases alphabetically
arranged, textbooks and statutes cited with references to the pages where they are cited;
(b) An assignment of errors intended to be urged, which errors shall be separately, distinctly and concisely stated without repetition
and numbered consecutively;
(c) Under the heading "Statement of the Case," a clear and concise statement of the nature of the action, a summary of the
proceedings, the appealed rulings and orders of the court, the nature of the judgment and any other matters necessary to an
understanding of the nature of the controversy, with page references to the record;
(d) Under the heading "Statement of Facts," a clear and concise statement in a narrative form of the facts admitted by both parties
and of those in controversy, together with the substance of the proof resulting thereto in sufficient detail to make it clearly
intelligible, with page references to the record;
(e) A clear and concise statement of the issues of fact or law to be submitted to the court for its judgment;
(f) Under the heading "Argument," the appellant's arguments on each assignment of error with page references to the record. The
authorities relied upon shall be cited by the page of the report at which the case begins and the page of the report on which the
citation is found;
(g) Under the heading "Relief," a specification of the order or judgment which the appellant seeks; and
(h) In cases not brought up by record on appeal, the appellant's brief shall contain, as an appendix, a copy of the judgment or final
order appealed from.
