- Petitioner
- Epifanio L. Casolita, Sr.
- Respondent
- The Court of Appeals
- Citation
- G.R. No. 115703
- Court
- Supreme Court
- Division
- Third Division
- Ponente
- Francisco, J.
- Decided
- July 8, 1997
Summary
ATROP, INC. sued petitioners for recovery of possession of land in Intramuros, Manila, claiming ownership under TCT No. 68927. Petitioners claimed adverse possession since 1953. The Regional Trial Court ruled for ATROP, but petitioners' appeal was dismissed for failure to serve notice of appeal to adverse party. The Supreme Court upheld the dismissal, emphasizing that service of notice of appeal is a mandatory procedural requirement, not mere technicality, as it ensures the adverse party is informed that the favorable judgment is being challenged. The Court also held that clients are bound by their counsel's mistakes and that proper substitution of counsel under Rule 138 is required. The case reinforces the importance of strict compliance with procedural rules in appeals.