G.R. No. L-1301; July 9, 1948
FRANCISCO P. PEREZ, petitioner, vs. BONIFACIO YSIP, Judge of First Instance of Bulacan, SEVERINA BUENAVENTURA, JULIA BERNARDINO, BELEN BERNARDINO, and VICTORIA BERNARDINO, respondents.

FACTS

On September 21, 1944, the Court of First Instance of Bulacan rendered a judgment by default against petitioner Francisco P. Perez in a civil case involving ownership and possession of land. Petitioner filed a motion for reconsideration on October 3, 1944, but no action was taken due to the war. After liberation, the record was reconstituted, and the motion was denied on March 20, 1946. Petitioner filed a second motion for reconsideration on April 3, 1946, which was denied on June 3, 1946. Petitioner claimed he only learned of this denial on August 12, 1946. He filed his record on appeal and appeal bond on August 16, 1946. The lower court dismissed the appeal as filed out of time, prompting this petition for certiorari.

ISSUE

Whether the lower court acted with grave abuse of discretion in dismissing petitioner’s appeal for being filed out of time.

RULING

Yes. The Supreme Court granted the petition. The appeal was perfected on time. The presumption of receipt of the June 3, 1946 order by ordinary mail was rebutted by the positive fact that petitioner received notice only on August 12, 1946. The filing of the record on appeal and bond on August 16 was within the 30-day reglementary period from actual notice. Furthermore, substantial justice warrants allowing the appeal. The decision was rendered during the Japanese occupation, which may render it void under the ruling in Co Kim Cham vs. Valdez Tan Keh. Petitioner was also denied due process as the hearing venue was changed without notice, resulting in a judgment by default. The lower court was ordered to give due course to the appeal.

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