In Iluminada C. Bernardo v. Ana Marie B. Soriano, the Supreme Court clarified that a party’s right to appeal a court decision is not contingent on whether the opposing party files their own motion for reconsideration. The Court ruled that the Regional Trial Court (RTC) erred in denying due course to Bernardo’s notice of appeal, which was filed after her motion for reconsideration was denied, simply because Soriano also filed a motion for partial reconsideration. This decision underscores the principle that each party has an independent right to appeal within the prescribed period, and one party’s actions do not negate the other’s right to seek appellate review.

Custody Battle Crossroads: Can One Party’s Motion Delay Another’s Appeal?

The case arose from a custody dispute over a minor, Stephanie Verniese B. Soriano, between her grandmother, Iluminada C. Bernardo, and her surviving parent, Ana Marie B. Soriano. The RTC initially granted temporary custody to Bernardo but upheld Soriano’s parental rights. Both parties filed motions for reconsideration. Bernardo’s motion was denied, prompting her to file a notice of appeal. However, the RTC denied due course to her appeal, reasoning that Soriano’s pending motion for partial reconsideration prevented the decision from becoming final.

Bernardo then filed a Certiorari Petition, arguing that the RTC committed grave abuse of discretion. The Court of Appeals (CA) upheld the RTC’s decision, stating that the RTC’s decision was not yet an appealable judgment because Soriano’s Motion for Partial Reconsideration was pending. The Supreme Court disagreed with the lower courts’ reasoning regarding the denial of Bernardo’s appeal but ultimately denied Bernardo’s petition, finding that certiorari was not the appropriate remedy given the availability of an appeal.

The Supreme Court emphasized that under Section 1, Rule 41 of the Rules of Court, an appeal may be taken from a judgment or final order that completely disposes of the case. The RTC’s initial decision, having addressed the core issue of custody and determined the rights and liabilities of both parties, was indeed a judgment on the merits, not an interlocutory order. Therefore, Bernardo had the right to appeal within 15 days of receiving the denial of her motion for reconsideration. The Court, quoting Rule 41, Section 9 of the Rules of Court, reiterated that:

A party’s appeal by notice of appeal is deemed perfected as to him upon the filing of the notice of appeal in due time.

The heart of the matter lay in whether Soriano’s motion for partial reconsideration suspended Bernardo’s right to appeal. The Court clarified that it did not. The Supreme Court highlighted the distinct and independent nature of each party’s right to appeal, referencing existing jurisprudence:

Each party has a different period within which to appeal and that [s]ince each party has a different period within which to appeal, the timely filing of a motion for reconsideration by one party does not interrupt the other or another party’s period of appeal.

This principle ensures that a party who is ready to appeal is not held hostage by the procedural choices of the opposing party. The Supreme Court noted the error in denying due course to Bernardo’s Notice of Appeal. It emphasized that the approval of a notice of appeal becomes a ministerial duty of the lower court, provided the appeal is filed on time and satisfies the content requirements. The Supreme Court further clarified that allowing Bernardo’s appeal would not have stripped the RTC of its jurisdiction to resolve Soriano’s Motion for Partial Reconsideration.

However, the Court also pointed out that the extraordinary writ of certiorari is not intended to correct mere errors in proceedings or erroneous conclusions of law or fact. The Supreme Court reiterated the limited scope of certiorari, noting that it is only appropriate when there is a grave abuse of discretion amounting to lack or excess of jurisdiction. The Court emphasized the importance of distinguishing between errors of judgment, which are correctable by appeal, and grave abuse of discretion. The Court also cited Cathay Pacific Steel Corp. v. Court of Appeals:

Grave abuse of discretion implies such capricious and whimsical exercise of judgment as is equivalent to lack of jurisdiction or, in other words, where the power is exercised in an arbitrary manner by reason of passion, prejudice, or personal hostility, and it must be so patent or gross as to amount to an evasion of a positive duty or to a virtual refusal to perform the duty enjoined or to act at all in contemplation of law.

The Court emphasized that a writ of certiorari will not be issued where the remedy of appeal is available to the aggrieved party. The remedies of appeal and certiorari are mutually exclusive, not alternative or cumulative. Moreover, the RTC’s order did not completely preclude Bernardo from appealing the decision. She could have filed another notice of appeal after the RTC ruled on Soriano’s motion. Because Bernardo had the remedy of appeal available, the Certiorari Petition was not the correct course of action.

FAQs

What was the key issue in this case?	The key issue was whether the RTC erred in denying due course to Bernardo’s notice of appeal due to the pendency of Soriano’s motion for partial reconsideration. The Supreme Court clarified that one party’s motion does not negate the other party’s right to appeal within the prescribed period.
Did the Supreme Court find that the RTC made an error?	Yes, the Supreme Court found that the RTC erred in denying due course to Bernardo’s notice of appeal, as her right to appeal was not contingent on Soriano’s motion. However, the Court also determined that certiorari was not the appropriate remedy.
What is the difference between a final order and an interlocutory order?	A final order completely disposes of the case, leaving nothing more for the court to do. An interlocutory order, on the other hand, only resolves incidental matters and does not conclude the case.
What is grave abuse of discretion?	Grave abuse of discretion implies a capricious and whimsical exercise of judgment, equivalent to a lack of jurisdiction, where power is exercised arbitrarily due to passion, prejudice, or personal hostility. It must be so patent or gross as to amount to an evasion of a positive duty or a virtual refusal to act at all in contemplation of law.
When is a petition for certiorari appropriate?	A petition for certiorari is appropriate only when the aggrieved party has no plain, adequate, and speedy remedy in the ordinary course of law, such as an appeal. It is used to correct grave abuse of discretion amounting to lack or excess of jurisdiction.
What is the effect of filing a motion for reconsideration on the other party’s right to appeal?	The timely filing of a motion for reconsideration by one party does not interrupt the other party’s period to appeal. Each party has an independent right to appeal within their respective periods.
What should Bernardo have done differently?	After the RTC granted Soriano’s motion for partial reconsideration, Bernardo could have filed another notice of appeal, assailing the modified decision, instead of filing a petition for certiorari. The remedy of appeal was available to her.
What is the main takeaway from this ruling for litigants?	The primary takeaway is that parties should diligently observe their own deadlines for filing appeals, regardless of the opposing party’s procedural maneuvers. Your right to appeal is not suspended simply because the other side seeks reconsideration.

In conclusion, the Bernardo v. Soriano case serves as a reminder of the importance of understanding and adhering to the rules of procedure, particularly regarding appeals. While the RTC erred in denying due course to Bernardo’s appeal, the Supreme Court clarified that certiorari was not the correct remedy, underscoring the principle that each party has an independent right to appeal within the prescribed period.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: ILUMINADA C. BERNARDO v. ANA MARIE B. SORIANO, G.R. No. 200104, June 19, 2019