"x x x.
What is the proper remedy to elevate a judgment made by the RTC in the exercise of its original jurisdiction?
“In the case at bar, records reveal that Yalong filed a petition for certiorari with the RTC and that the latter court rendered a Resolution dated April 2, 2008 dismissing the same. It is fundamental that a petition for certiorari is an original action and, as such, it cannot be gainsaid that the RTC took cognizance of and resolved the aforesaid petition in the exercise of its original jurisdiction. Hence, based on the above-cited rule, Yalong should have filed a notice of appeal with the RTC instead of a petition for review with the CA. As a consequence of Yalong’s failure to file a notice of appeal with the RTC within the proper reglementary period, the RTC Decision had attained finality which thereby bars Yalong from further contesting the same.
In this relation, it must be pointed out that Yalong’s contention that a petition for review may be treated as a notice of appeal since the contents of the former already include the required contents of the latter cannot be given credence since these modes of appeal clearly remain distinct procedures which cannot, absent any compelling reason therefor, be loosely interchanged with one another. For one, a notice of appeal is filed with the regional trial court that rendered the assailed decision, judgment or final order, while a petition for review is filed with the CA.
Also, a notice of appeal is required when the RTC issues a decision, judgment or final order in the exercise of its original jurisdiction, while a petition for review is required when such issuance was in the exercise of its appellate jurisdiction. Thus, owing to these differences, Yalong’s filing of the subject petition for review cannot be simply accorded the same effect as the filing of a notice of appeal.
Verily, jurisprudence dictates that the perfection of an appeal within the period and in the manner prescribed by law is jurisdictional and non-compliance with such requirements is considered fatal and has the effect of rendering the judgment final and executory. To be sure, the rules on appeal must be strictly followed as they are considered indispensable to forestall or avoid unreasonable delays in the administration of justice, to ensure an orderly discharge of judicial business, and to put an end to controversies. Though as a general rule, rules of procedures are liberally construed, the provisions with respect to the rules on the manner and periods for perfecting appeals are strictly applied and are only relaxed in very exceptional circumstances on equitable considerations, which are not present in the instant case. As it stands, the subject petition for review was the wrong remedy and perforce was properly dismissed by the CA.
x x x."
