G.R. No. L-25084 and L-25270 February 28, 1966
ELENITA V. UNSON, petitioner, vs. COURT OF APPEALS and PEOPLE OF THE PHILIPPINES, respondents.

FACTS

Petitioner Elenita V. Unson was convicted of estafa by the Court of Appeals. She sought to appeal the decision to the Supreme Court via certiorari. On October 11, 1965, her counsel paid the docket fees and requested a 30-day extension to file the petition for review. The Supreme Court, in a resolution dated October 15, 1965, granted a conditional 15-day extension from the expiration of the reglementary period, provided it could be shown that the motion for extension and payment were made on time, with a warning that no further extension would be given. Subsequently, the Court was informed by the Clerk of Court of the Court of Appeals that Unson received the CA decision on June 3, 1965, and the resolution denying her motion for reconsideration on September 24, 1965. Finding the condition unfulfilled, the Supreme Court issued a resolution on November 15, 1965, noting that the payment and motion for extension were filed out of time and notifying the Court of Appeals it could proceed with execution. Meanwhile, the petition for certiorari had been filed on November 4, 1965, and was docketed as G.R. No. L-25270. Unson filed a motion to suspend the November 15 resolution, requesting time to secure a correct certification from the Court of Appeals regarding the dates of receipt of orders. The Supreme Court granted her time. She subsequently submitted a resolution from the Court of Appeals dated January 31, 1966, which stated that the 15-day period to perfect the appeal should be counted from October 6, 1964 (when she received the order denying leave to file a second motion for reconsideration), not from September 24, 1964, and amended its previous certification accordingly.

ISSUE

Whether the petition for certiorari was filed within the reglementary period, thereby warranting the Supreme Court to give it due course.

RULING

Yes. The Supreme Court found the reasons in the Court of Appeals’ January 31, 1966 resolution acceptable and reasonable. It held that until Unson received the order denying leave to file a second motion for reconsideration on October 6, 1964, she could not be expected to file the petition for certiorari, as doing so would automatically withdraw her pending petition in the Court of Appeals. Consequently, the 15-day period to appeal commenced on October 6, 1964, expiring on October 20, 1964. Since Unson sought an extension from the Supreme Court on October 11, 1964, and filed her petition within the granted extension, the filing was timely. Furthermore, the petition appeared prima facie meritorious. Therefore, the Court resolved to: (a) reconsider, recall, and set aside its November 15, 1965 resolution; (b) give due course to the petition for certiorari in G.R. No. L-25270; and (c) consolidate G.R. Nos. L-25270 and L-25084 as a single case.