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Balaba's Appeal Dismissal Ruling

The Supreme Court upheld the Court of Appeals' decision to dismiss an appeal rather than certify the case to the proper court. An error in designating the appellate court is not fatal as long as the proper court is designated within the 15-day period to appeal. However, if the correction is made after the appeal period, as was the case here, the appeal must be dismissed outright according to the rules. The appellant sought to correct the error in filing the appeal only after the expiration of the period to appeal, so the Court of Appeals properly dismissed the case for lack of jurisdiction.

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182 views1 page

Balaba's Appeal Dismissal Ruling

The Supreme Court upheld the Court of Appeals' decision to dismiss an appeal rather than certify the case to the proper court. An error in designating the appellate court is not fatal as long as the proper court is designated within the 15-day period to appeal. However, if the correction is made after the appeal period, as was the case here, the appeal must be dismissed outright according to the rules. The appellant sought to correct the error in filing the appeal only after the expiration of the period to appeal, so the Court of Appeals properly dismissed the case for lack of jurisdiction.

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MAC
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Balaba vs.

People
G.R. No. 169519 July 17, 2009

Issue: Whether or not the Court of Appeals erred in dismissing the appeal instead of certifying the case
to the proper court [Sandiganbayan].

Held: No.

An error in designating the appellate court is not fatal to the appeal. However, the correction in designating
the proper appellate court should be made within the 15-day period to appeal. Once made within the said
period, the designation of the correct appellate court may be allowed even if the records of the case are
forwarded to the Court of Appeals. Otherwise, the second paragraph of Section 2, Rule 50 of the Rules of
court would apply. The second paragraph of Section 2, Rule 50 of the Rules of Court reads:

"An appeal erroneously taken to the Court of Appeals shall not be transferred to the appropriate
court but shall be dismissed outright."

In this case, Balaba sought the correction of the error in filing the appeal only after the expiration of the
period to appeal. The trial court promulgated its Decision on 9 December 2002. Balaba filed his notice of
appeal on 14 January 2003. The Court of Appeals issued the Decision declaring its lack of jurisdiction on
15 December 2004. Balaba tried to correct the error only on 27 January 2005, clearly beyond the 15-day
period to appeal from the decision of the trial court. Therefore, the Court of Appeals did not commit any
error when it dismissed Balaba’s appeal because of lack of jurisdiction.

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