Case Digest (G.R. No. L-16970)
Facts:
Hon. Eloy B. Bello, Judge of the Court of First Instance of Pangasinan, and Eusebio E. Ferrer v. Valentin A. Fernando, G.R. No. L-16970, January 30, 1962, the Supreme Court En Banc, Reyes, J.B.L., J., writing for the Court.Petitioner Eusebio E. Ferrer sued respondent Valentin A. Fernando for damages in Civil Case No. 13798 before the Court of First Instance of Pangasinan. Upon motion of the plaintiff, the trial court rendered a summary judgment in favor of Ferrer. Fernando received notice of that judgment on April 28, 1959.
Twenty-four days later, on May 22, 1959, Fernando filed a motion for reconsideration. The trial court denied the motion by order dated June 17, 1959; a copy of that order was served upon Fernando only on June 24, 1959. On June 24, 1959 — within the statutory thirty-day period to perfect an appeal counting from notice of judgment less the time while a motion for reconsideration was pending — Fernando filed a notice of appeal and a motion asking the trial court for a 30-day extension to file his record on appeal and appeal bond, citing heavy work pressure from other cases.
The trial court acted on Fernando’s motion quickly and issued an order denying the extension (dated June 26, 1959). Fernando did not receive that order until July 1, 1959 — one day after his thirty-day appeal period had expired. Nonetheless, he filed his record on appeal and appeal bond on July 8, 1959. On July 25, 1959, the trial court disapproved the record on appeal and the appeal bond, holding that its decision had already become final and executory.
On September 23, 1959, Fernando filed a petition for certiorari with the Court of Appeals alleging grave abuse of discretion in the trial court’s denial of the extension and disallowance of his appeal. The Court of Appeals found merit in Fernando’s petition and, on February 29, 1960, nullified the tri...(Subscriber-Only)
Issues:
- Did the trial court commit grave abuse of discretion in denying respondent Fernando’s motion to extend the period for perfecting his appeal and in disapproving his record on appeal and appeal bond?
- Did the Court of Appeals err in granting certiorari and nullifying the trial court’s orders, thereby giving Ferna...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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