G.R. No. L-1460; January 30, 1948
ALLISON J. GIBBS, FINLEY J. GIBBS and ESTATE OF A. D. GIBBS, plaintiffs, vs. THE COURT OF FIRST INSTANCE OF MANILA (Branch V), BUENAVENTURA OCAMPO, EULOGIO RODRIGUEZ, SR., and LUZON SURETY CO., defendants.

FACTS

Plaintiffs filed an action for declaratory relief concerning a mortgage debt and the validity of a mortgage release executed during the Japanese occupation. The trial court rendered judgment in favor of the plaintiffs. Defendants’ counsel, due to a heavy workload and administrative oversight, failed to file a petition for new trial (a motion to set aside the judgment) within the 30-day reglementary period. The motion for extension was filed on the last day, but the petition itself was filed one day late. The trial court denied the petition but later allowed the record on appeal, effectively treating the delay as excusable. Plaintiffs then filed this original action to annul the order allowing the appeal, arguing the judgment had become final.

ISSUE

Whether the trial court acted without or in excess of jurisdiction or with grave abuse of discretion in allowing the record on appeal despite the late filing of the petition for new trial.

RULING

The Supreme Court denied the petition. The trial court did not act without jurisdiction, exceed its jurisdiction, nor abuse its discretion. The delay in filing the petition for new trial was due to excusable neglect attributable to the defendants’ counsel’s heavy workload and the circumstances described. The trial court, in allowing the record on appeal, implicitly relieved the defendants from the effects of this excusable neglect. Consequently, the filing of the appeal on the same day notice of the denial of the petition was received was timely.

AI Generated by Armztrong.