Title
Manila Publishing Co. vs. Bernabe
Case
G.R. No. 31067
Decision Date
Sep 14, 1929
Plaintiff appealed judgment 17 days after entry; Court dismissed appeal, ruling 15-day period starts at judgment entry, not notification. Attorneys criticized for negligence.
Font Size:

Case Digest (G.R. No. 31067)

Facts:

  1. Parties Involved:

    • Plaintiff and Appellant: Manila Publishing Company
    • Defendants and Appellees: Honorable Jose Bernabe (Judge of the Municipal Court of Manila), Yap Sulan, and Jose Casimiro (Sheriff of the City of Manila).
  2. Case Background:

    • The case of Yap Sulan vs. Manila Publishing Company was tried before Judge Jose Bernabe on December 5, 1927.
    • At the conclusion of the trial, the judge reserved his decision without specifying a date for its rendition.
    • The decision was rendered and dated December 12, 1927, and the plaintiff received notice and a copy of the decision on December 20, 1927.
  3. Appeal Timeline:

    • On December 29, 1927, within nine days after receiving notice of the judgment and seventeen days after its rendition, the plaintiff gave notice of its intention to appeal to the Court of First Instance.
    • The plaintiff paid the docketing fee and made a deposit to cover the costs.
  4. Legal Provisions in Question:

    • Section 66, Code of Civil Procedure: Requires the justice to render judgment within one week after the trial.
    • Section 76, Code of Civil Procedure: States that an appeal in civil causes must be perfected within fifteen days after the entry of the judgment.
  5. Key Issue:

    • Whether the fifteen-day period for appeal should be counted from the date of the notification of the judgment or from the date of its entry.

Issue:

  • (Unlock)

Ruling:

  • (Unlock)

Ratio:

  1. Statutory Interpretation:

    • The language of Section 76 of the Code of Civil Procedure is clear and unambiguous. It explicitly states that the fifteen-day period for appeal begins from the date of the entry of the judgment, not from the date of notification.
  2. Precedent:

    • The Court relied on its earlier decision in Agcaoili vs. Rivera (G.R. No. 26768), which held that the fifteen-day period for appeal must be counted from the date of the entry of the judgment.
  3. Attorney Responsibility:

    • Attorneys are obligated to diligently monitor the progress of their cases and not rely solely on court clerks for notifications. Failure to do so may result in the dismissal of appeals due to untimeliness.
  4. Public Policy:

    • The Court emphasized the importance of adhering to procedural rules to ensure the orderly administration of justice and to prevent delays in the judicial process.


Jur is an AI-powered legal research platform in the Philippines for case digests, summaries, and jurisprudence. AI-generated content may contain inaccuracies; please verify independently.