Saturday, November 15, 2008 No relief for failure to appeal By Dominador A. Almirante Labor case digest
THE Court of Appeals (CA) found that respondent Valentina Garcia did indeed abandon her job, a just cause to dismiss her.
It found, however, that the dismissal was ineffectual since it did not comply with the due process requirement.
Respondent did not appeal from the CA decision regarding the legality of her dismissal but filed a motion for partial reconsideration. Can respondent be allowed to seek affirmative relief from the Supreme Court?
Ruling: No.
The Court agrees with petitioner that respondent can no longer seek a review of the CA’s ruling on the validity of her termination from employment on the ground of abandonment of work. Records do not show that respondent appealed from the CA decision. For failure to appeal the decision of the CA to this Court, respondent cannot obtain any affirmative relief other than that granted in the decision of the CA. That decision of the CA on the validity of her termination has become final as against her and can no longer be reviewed, much less reversed, by this Court.
It is well settled that a party who has not appealed from a decision cannot seek any relief other than what is provided in the judgment appealed from.
An appellee who has himself not appealed may not obtain from the appellate court any affirmative relief other than the ones granted in the decision of the court below. The appellee can only advance any argument that he may deem necessary to defeat the appellant’s claim or to uphold the decision that is being disputed, and he can assign errors in his brief if such is required to strengthen the views expressed by the court a quo.
These assigned errors in turn may be considered by the appellate court solely to maintain the appealed decision on other grounds, but not for the purpose of reversing or modifying the judgment in the appellee’s favor and giving him other reliefs.
(Coca-cola Bottlers Philippines Inc. versus Valentina Garcia, G.R. No. 159625, Jan. 31, 2008).
