5/28/2020
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It may not be amiss to add that this Court notes the propensity of petitioner and her
counsel to disregard the Rules and directives of the Court. In a Resolution[15] issued
by this Court on March 14, 2011, petitioner's counsel was admonished for his failure to
file petitioner's Reply to Comment which was required in an earlier Resolution issued by
this Court.
Moreover, it is a settled rule that the right to appeal is neither a natural right nor a part
of due process; it is merely a statutory privilege, and may be exercised only in the
manner and in accordance with the provision of law.[16] An appeal being a purely
statutory right, an appealing party must strictly comply with the requisites laid down in
the Rules of Court. Deviations from the Rules cannot be tolerated.[17] The rationale for
this strict attitude is not difficult to appreciate as the Rules are designed to facilitate the
orderly disposition of appealed cases.[18] In an age where courts are bedevilled by
clogged dockets, the Rules need to be followed by appellants with greater fidelity.[19]
Their observance cannot be left to the whims and caprices of appellants. In the instant
case, petitioner remained obstinate in her non-observance of the said Rules. Such
obstinacy is incongruous with her late plea for liberality in construing the Rules. On the
above basis alone, the Court finds that the instant petition is dismissible.
In any case, even if the Court bends its Rules to allow the present petition, as it
appears that petitioner assails not only the denial by the CA of her motion to admit her
belated Motion for Reconsideration but likewise seeks the reversal of her conviction for
illegal recruitment and estafa, the Court still finds no cogent reason to depart from the
assailed ruling of the CA. Indeed, after a careful and thorough review of the evidence
on record, the Court finds that the lower courts did not commit any error in convicting
petitioner of the crimes of illegal recruitment and estafa.
At this point, it bears reiterating that in a petition for review on certiorari under Rule 45
of the Rules of Court, the factual findings of the RTC, especially when affirmed by the
CA, are generally held binding and conclusive on the Court.[20] We emphasize that
while jurisprudence has provided exceptions[21] to this rule, the petitioner carries the
burden of proving that one or more exceptional circumstances are present in the case.
[22] The petitioner must additionally show that the cited exceptional circumstances will
have a bearing on the results of the case.[23] In the instant case, the Court finds that
none of the exceptions are present . Thus, there is no cogent reason to depart from the
findings of both the RTC and the CA that petitioner is guilty beyond reasonable doubt of
the crimes charged.
The crime of illegal recruitment is defined under Section 6 of RA 8042, otherwise known
as the Migrant Workers and Overseas Filipinos Act of 1995, which provides as follows:
Sec. 6. DEFINITIONS. - For purposes of this Act, illegal recruitment shall
mean any act of canvassing, enlisting, contracting, transporting, utilizing,
hiring, procuring workers and includes referring, contact services, promising
or advertising for employment abroad, whether for profit or not, when
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