Case Summary (G.R. No. L-4441)
Relevant Dates
The initial judgment was delivered on September 3, 1949, and the petitioners were notified of this judgment on September 13, 1949. A motion for a new trial based on newly discovered evidence was filed on September 19, 1949, which was denied on October 7, 1949. The notice of appeal was subsequently filed on October 31, 1949, with the record on appeal submitted on November 7, 1949.
Procedural History
The procedural background reveals that the petitioners intended to appeal the dismissal of their case but filed their record on appeal beyond the statutory timeframe, specifically seven days after the 30-day period when excluding the time during which the motion for a new trial was pending. The respondents opposed the approval of this appeal on these grounds, leading Judge Eduaido Enriquez to dismiss the petitioners' appeal in an order dated November 26, 1949.
Motion for Relief and Subsequent Rulings
On December 7, 1949, the petitioners filed an ex parte motion for relief, asserting that their failure to present key evidence during the original trial was due to "honest mistake and excusable negligence" of their counsel. This claim was based on the assertion that the original Deed of Sale, crucial to their case, was lodged with the Register of Deeds at the time of the trial. However, Judge Jose Teodoro, Sr. denied this motion as well as an amended record on appeal submitted by the petitioners on February 12, 1950.
Certiorari Petition to the Court of Appeals
Following the unfavorable rulings, the petitioners sought certiorari from the Court of Appeals against Judge Teodoro and Justiniani, arguing that the trial court had committed grave abuse of discretion in dismissing their appeal and the amended record. The Court of Appeals, however, ruled against the petitioners, affirming Judge Teodoro's order and citing the lack of a timely notice of appeal and appeal bond in the additional documents submitted by the petitioners.
Legal Analysis and Court of Appeals Findings
The Court of Appeals upheld that the petitioners failed to properly perfect their appeal, especially in light of their procedural missteps in the submission of documentation and the subsequent motions filed. Citing previous jurisprudence, the court iterated th
...continue readingCase Syllabus (G.R. No. L-4441)
Case Overview
- Jurisdiction: Supreme Court of the Philippines
- Date of Decision: October 29, 1952
- Case Reference: 92 Phil. 186, G.R. No. L-4441
- Parties Involved:
- Petitioners: Rosa Bracamonte and Eusebio Calderon
- Respondents: Court of Appeals, Jose J. Justiniani, Eduardo Enriquez, and Jose Teodoro, Sr.
- Nature of the Case: Petition for Certiorari
Background of the Case
- In civil case No. 488, the Court of First Instance of Negros Occidental dismissed the action on September 3, 1949.
- Petitioners received notice of dismissal on September 13, 1949.
- A motion for a new trial was filed on September 19, 1949, based on newly discovered evidence but was denied on October 7, 1949.
- Petitioners filed a notice of appeal and an appeal bond on October 31, 1949, but the record on appeal was submitted after the deadline on November 7, 1949.
Delay in Filing and Grounds for Dismissal
- The respondent contested the approval of the record on appeal, asserting it was late.
- Petitioners argued the delay was due to their attorney's relocation to Cebu City to avoid political persecution, compounded by a typhoon.
- Judge E