G.R. No. 169519 July 17, 2009
Accused Balaba, Assistant Municipal Treasurer of Guindulman, Bohol, was charged and convicted with Malversation of Public Funds by the RTC on it’s decision dated December 9, 2002. On January 14, 2003 filed his Notice of Appeal before the CA which was dismissed on its December 14, 2004 decision on the ground that it had no jurisdiction to act on the appeal because
SB has exclusive appellate jurisdiction over the case. Hence this appeal on the ground that CA erred in dismissing his appeal instead of certifying the case to the proper court.
WON CA erred in dismissing his appeal instead of certifying the case to the proper court?
No. An error in designating the appellate court is not fatal to the appeal. However, the correction in designating the proper appellate court should be made within the 15-day period to appeal. Once made within the said period, the designation of the correct appellate court may be allowed even if the records of the case are forwarded to the Court of Appeals. An appeal erroneously taken to the Court of Appeals shall not be transferred to the appropriate court but shall be dismissed outright. In this case, Balaba sought the correction of the error in filing the appeal only after the expiration of the period to appeal.