GR 198753; (March, 2015) (Digest)
G.R. No. 198753, March 25, 2015
JOSE “PEPE” SANICO, Petitioner, vs. PEOPLE OF THE PHILIPPINES AND JENNIFER SON-TENIO, Respondents.
FACTS
Petitioner Jose “Pepe” Sanico was convicted by the Municipal Circuit Trial Court (MCTC) of Catmon-Carmen-Sogod, Cebu for theft of minerals (Criminal Case No. 3434-CR) and acquitted of trespassing. He filed a notice of appeal to the Regional Trial Court (RTC). The RTC ordered him to file a memorandum on appeal. Due to his wife’s illness and eventual death, and his counsel’s medical condition, Sanico failed to file the memorandum. Consequently, the RTC dismissed his appeal for such failure. Sanico’s motion for reconsideration was denied for lack of verification and affidavit of merit. He then filed a petition for review in the Court of Appeals (CA), which was dismissed due to numerous procedural defects, including non-payment of docket fees and defective verification. His motion for reconsideration was denied. Meanwhile, the RTC issued an entry of judgment and a writ of execution, leading to execution sales of Sanico’s properties. Sanico filed the present petition for review on certiorari.
ISSUE
Whether the Regional Trial Court (RTC) correctly dismissed Sanico’s appeal for his failure to file a memorandum on appeal.
RULING
No. The RTC committed a prejudicial error in dismissing the appeal. The dismissal was based on Section 7, Rule 40 of the Rules of Court, which governs appeals in civil cases and makes the filing of an appellant’s memorandum mandatory. However, appeals in criminal cases are specifically governed by Rule 122 of the Rules of Court. Under Section 8 of Rule 122, the filing of a memorandum in an appeal to the RTC is optional, not mandatory. The RTC is commanded to decide the appeal based on the records of the trial court and any memoranda the parties may file. Therefore, the RTC’s dismissal of the criminal appeal for non-filing of a memorandum was a misapplication of the rules and a denial of Sanico’s statutory right to appeal, which is an essential component of due process. The Supreme Court granted the petition, reversed the CA resolutions, annulled the RTC orders dismissing the appeal and issuing the entry of judgment, nullified all acts taken under the entry of judgment, and remanded the records to the RTC for further proceedings.