Case Digest (G.R. No. L-4948)
Facts:
El Juez De Primera Instancia De Baguio, Luis L. Lardizabal Y Sinforoso Fangonil Como Abogados, Y En Representacion De Varios Opositores, Rosemarie De Remorin Y Otros, Recurrentes, Contra Jose Valles, Recurido, G.R. No. L-4948, April 29, 1953, the Supreme Court En Banc, Pablo, J., writing for the Court.
In Special Proceeding No. 128 of the Court of First Instance of Baguio, titled "In re testate estate of the deceased R. Joseph Vda. de Ramon Valles," the trial judge denied probate (legalization) of the decedent's will by an order dated March 27, 1950; counsel for Jose Valles was notified on March 30. On April 14 Valles moved for reconsideration and for a new hearing; that motion was denied on August 25, and counsel was notified on August 31.
Before the 30-day reglementary period for perfecting an appeal had expired, counsel for Valles asked the probate court for an additional 20 days to file the record on appeal; that request was granted by order dated September 7. On September 29, within the 20-day extension but outside the original 30-day period, Valles filed his notice of appeal, appeal bond and record on appeal. The opponents to probate objected, and on November 28 the trial judge disapproved the record on appeal and dismissed (oversewed) the appeal on the ground that the appeal had not been perfected within the 30-day period.
Valles petitioned the Court of Appeals for a writ of mandamus directing the probate judge to approve the appeal bond and the record on appeal. On May 29, 1951 the Court of Appeals granted relief, revoked the trial judge's order, and commanded the judge to approve the bond and the record and give them course. The probate judge, the two attorneys named, and the opponents appealed the Cou...(Subscriber-Only)
Issues:
- Does a trial court's grant of a 20-day extension to file the record on appeal also extend the prescribed 30-day period for filing the appeal bond and notice of appeal?
- If the appeal bond is not filed within the reglementary 30 days, does the decision become final and the trial court lose jurisdiction so that subsequent approval of the bond and certifi...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)