Case Digest (CIF. No. 7527)
Facts:
Jose L. Moya v. John Barton, CIF-No. 7527, July 18, 1946, the Supreme Court En Banc, Feria, J., writing for the Court. Plaintiff-appellant Jose L. Moya obtained judgment in Civil Case No. 7527 of the Court of First Instance of Rizal against defendant John Barton, who was notified of the judgment on February 14, 1946.On March 14, 1946 (28 days after notice), Barton filed a motion for a new trial which the trial court denied; the order denying the motion was served on him on April 1, 1946. On April 2, 1946, Barton filed a notice of appeal and an appeal bond and simultaneously moved the trial court for a five-day extension to file the record on appeal, explaining it was impossible to have it typewritten and filed within the remaining time (the last day being April 3). The trial court granted the motion on the same day it was presented, and Barton filed his record within the extension; the appeal was then pending before the Supreme Court.
Before this Court, plaintiff-appellee Moya moved to dismiss the appeal on two grounds: (1) the lower court lacked power to extend the statutory period for filing the record on appeal; and (2) Barton’s motion for extension was granted without notifying Moya ...(Pro-only)
Issues:
- Did the trial court have the power to extend the period for filing the record on appeal where the motion for extension was filed before the expiration of the statutory period?
- Did the trial court err in granting the extension ex parte without serving the appellee or setting th...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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