G.R. No. 553 : August 9, 1902
THE UNITED STATES, complainant-appellee, vs. MARTIN PEREZ, defendant-appellant.

FACTS:
A judgment was rendered on November 20, 1901, convicting Martin Perez and sentencing him to six months of arresto mayor and a fine of 6,250 pesetas. The period to appeal from this judgment expired on December 5, 1901. The defendant filed a motion to reopen the case on November 21, 1901, which was denied on November 26, 1901, without prejudice to its renewal. The motion was renewed on December 2, 1901, and remained pending when the appeal period lapsed on December 5. The motion was finally denied on December 9, 1901, and it was on this same date that the defendant filed his appeal from the November 20 judgment.

ISSUE:
Whether the appeal from the judgment of conviction was filed on time.

RULING:
No, the appeal was not timely filed and must be dismissed. The Supreme Court ruled that the final judgment subject to appeal was the one rendered on November 20, 1901. The period to appeal therefrom expired on December 5, 1901. The filing of a motion to reopen the case under Article 42 of General Orders No. 58 does not extend or toll the period for appealing from the final judgment. Following the precedent in United States vs. Flemister, such a motion must be heard and decided before the appeal period expires. Since the appeal was filed only on December 9, 1901, it was filed four days beyond the reglementary period and was therefore out of time. The order of December 9 denying the motion to reopen was a separate order issued after the judgment had become final (firme) and could not validate the belated appeal. The appeal was dismissed with costs de oficio.