MUNICIPAL GOVERNMENT OF CORON, PALAWAN, duly represented by MAYOR RICARDO F.
LAWS / PROVISIONS CONCERNED
LIM, peitioner
Section 39, Batas Pambansa Bilang 129:
vs.
No record on appeal shall be required to take an appeal. In lieu thereof, the entire original
JOSE CARINO, VICTORIANO DACULLA, BEN GUMASING, LUCENA CRUZ, HILARIA YALON, record shall be transmitted with all the pages permanently numbered consecutively,
PEPITO YAMBAO, RIC GACUTAN, ANDRES DACULLA, FELICIMA URSAIS, PASTOR JOSOL, together with the index of contents thereof.
TEDDY ACTANG, CANDIDA MANALO, LETICIA RAMAL, ASSOCIATE JUSTICES PORFIRIO V.
SISON, ABDULWAHID A. BIDIN, MARCELINO R. VELOSO, AND DESIDERO P. JURADO,
respondents
Section 18 and 19(b) of the Interim Rules of Court
FACTS
Sec. 18. The filing of a record on appeal shall be dispensed with, except in the cases
The Municipality of Government of Coron filed a petition to demolish the illegal structure referred to in sub-paragraph (b) of paragraph (1) hereof.
built by the squatters. When the trial court scheduled a earing, the respondents failed to attend. The No appeal bond shall be required for an appeal.
petitioner moved that the respondents’ failure to appear in court be considered as waiver on their
part of their right to cross examination of the petitioner’s witnesses and their right to present Sec. 19 (b). In appeals in special proceedings in accordance with Rule 109 of the Rules of
evidence. The lower court granted petitioner’s motion. Court and other cases wherein multiple appeals are allowed, the period of
The respondents appealed the decision of the RTC before the Court of Appeals. The appeal shall be thirty (30) days, a record of appeal being required.
appellate court, implementing the rules in force (Section 39, Batas Pambansa Bilang 129), required
the respondents to submit their records on appeal within 15 days upon receipt of notice. The ARGUMENTS
respondents failed to accomplish the requirements, because of this, the Court of Appeals dismissed
the appeal. The acting clerk of court made the dismissal final and executory. PETITIONER:
The Court of First instance gave an order to move forward with the demolishment. Before
the Provincial Sheriff could proceed with the execution of order, the respondents filed a motion - the defendants’ houses were constructed more than 3 years before filing of instant action
before the appellate court to recall the records of the case on the ground that under the present law - defendants undertook to remove their structures when it will be needed by the government, the
(at this time, a new rule was enacted), printed records on appeal are no longer required. plaintiff for the docking of his boats, berthing of pumpboats, fishing boats, loading & unloading of
Petitioner opposed, pointing out that even though the present law says that filing of cargoes, and to ease congested traffic along it
records of appeal is dispensable and may be given retroactive effect, they only apply to pending - that then President Ferdinand E. Marcos had the mayor of Coron to demolish and remove all the
cases and do not extend to those cases which had already become final and executory. construction along the pier after giving the respondents one (1) month notice.
- Mayor of Coron is also authorized to remove defendants’ illegal construction under LOI 19 (par. 7)
ISSUE
RESPONDENTS:
Should Section 18 and 19(b) of the Interim Rules of Court have retroactive effect on this
case? - their structures, when made, were covered by building permits with the approval of the Bureau of
Public Highways
SUPREME COURT RULING - their area is located in a foreshore area
- it was agreed in a meeting attended by Governor Socrates of Coron, et al., that the demolition of
No, retroactive effect only applies to pending cases for the simple reason that the revival of the defendants’ houses will be suspended pending action of the Office of the President
final and executory cases would be unjust to those whose favor this cases has been decided (winner - Chairman of National Housing Authority had sent a letter of advice to the mayor to suspend
of the case). To allow its retroactive effect to just any case would put no end to appealed cases. demolition of the houses.
PETITION IS GRANTED.
