G.R. No. 44476. December 9, 1935.

MARCELINA CASAS VIUDA DE RIOSA, petitioner, vs. JUAN G. LESACA, Judge of First Instance of Albay, and ROSENDO RALLA, respondents.

FACTS

Petitioner Marcelina Casas Vda. de Riosa was a defendant declared in default in Civil Case No. 4681. The trial court rendered judgment and later modified it upon plaintiff’s motion. Petitioner filed a motion to set aside the judgment and reopen the case under section 113 of the Code of Civil Procedure (Act No. 190), which was denied. She then filed a notice of appeal and a bill of exceptions. The respondent judge refused to approve and certify the bill of exceptions, contending the appeal was filed out of time. Petitioner filed this petition for mandamus under section 499 to compel the judge to approve and certify the bill of exceptions.

ISSUE

Whether the petitioner’s appeal from the order denying her motion to reopen under section 113 was filed on time.

RULING

Yes. The Supreme Court granted the petition for mandamus. An order denying a motion to reopen under section 113 is a final and appealable order. The Court held that the period for perfecting an appeal in such cases is thirty (30) days from notice of the order, aligning it with the period for filing a motion for new trial under section 145 as amended by Act No. 2347. This establishes a uniform period for judgments to become final, eliminating the uncertainty of the old “term system.” Since petitioner’s notice of appeal was filed within eight days of notice of the denial order, it was timely. The respondent judge is ordered to approve and certify the bill of exceptions. Costs against respondent Ralla.

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