GR 37171; (July, 1932) (Digest)
G.R. No. 37171 ; July 18, 1932
EMILIO YANGO, petitioner, vs. BUENAVENTURA OCAMPO, Judge of First Instance of Nueva Ecija, respondent.
FACTS
Petitioner Emilio Yango was convicted of estafa and notified of the judgment on February 12, 1932. On February 26, 1932, he deposited in the Manila post office a registered mail containing his notice of appeal addressed to the clerk of the Court of First Instance of Nueva Ecija. The postmaster of Cabanatuan, Nueva Ecija, deposited the registered mail into the court’s rented post-office box (No. 63) on the morning of February 27, 1932, within the 15-day appeal period. The clerk of court, however, only collected the mail from the box on March 1, 1932. The respondent judge refused to accept the notice of appeal as timely filed.
ISSUE
Whether the deposit of a notice of appeal via registered mail into the post-office box rented by the court within the appeal period constitutes a valid filing with the clerk of court under Section 45 of General Order No. 58.
RULING
Yes. The Supreme Court granted the petition for mandamus. The word “filing” in Section 45 of General Order No. 58 does not require personal delivery. Sending the notice by registered mail is a permissible means. By renting a post-office box for official correspondence, the court effectively extended its office to the post office. The clerk of court, having control and the key to the box, is considered to have received the notice upon its deposit into the box. Therefore, the deposit of the registered notice into the court’s post-office box within the appeal period amounted to a valid filing with the clerk of court, constituting substantial compliance with the law. The respondent judge has a ministerial duty to accept the notice and give due course to the appeal.
AI Generated by Armztrong.