G.R. No. L-16905 November 29, 1965
ROSARIO OLIVEROS, JOSE DELFIN, CLARA OLIVEROS and AMPARO OLIVEROS, petitioners, vs. HON. JUDGE JOSE QUERUBIN, Presiding Judge of Branch II, COURT OF FIRST INSTANCE OF OCCIDENTAL NEGROS, respondents.

FACTS

Petitioners received a copy of the decision in Civil Case No. 3742 on March 16, 1957. They filed a motion for reconsideration on April 3, 1957, which was denied, with notice received on April 13, 1957. On April 15, 1957, they filed a motion to appeal as paupers with a request for a 15-day extension to file the record on appeal. On April 23, 1957, they filed another motion to attach certain exhibits to the record. Both motions were denied by orders dated April 27, 1957, except for the grant of the 15-day extension. Petitioners received notice of these orders on April 30, 1957. They filed a motion for reconsideration on May 8, 1957, which was denied, with notice received on May 20, 1957. On May 28, 1957, petitioners filed a petition for certiorari and mandamus (G.R. No. L-12466) with this Court, which, on October 20, 1959, set aside the April 27, 1957 orders and directed the respondent Judge to allow the petitioners to appeal as paupers and to attach the exhibits. On December 9, 1959, the respondent Judge issued an order implementing this Court’s decision. Petitioners received a copy of this order on December 14, 1959, and filed their record on appeal on January 7, 1960. The respondent Judge, upon motion of the defendant, dismissed the appeal as filed out of time. Petitioners’ motion for reconsideration was denied, prompting them to file the present petition for mandamus to compel the approval of their appeal.

ISSUE

Whether the petitioners perfected their appeal within the reglementary period.

RULING

No. The Supreme Court denied the petition for mandamus. The Court computed the period for perfecting an appeal from the date petitioners received notice of the decision. The total period consumed from March 16, 1957, to May 28, 1957 (when they filed G.R. No. L-12466) was 36 days. With the 15-day extension granted by the lower court, the total appeal period was 45 days, leaving 9 days remaining as of May 28, 1957. Assuming the period started to run again only on December 14, 1959 (when petitioners received the implementing order), the last day to perfect the appeal was December 23, 1959. The filing of the record on appeal on January 7, 1960, was beyond this period. The Court held that its previous decision in G.R. No. L-12466, which allowed the petitioners to appeal as paupers and to attach exhibits, did not wipe out the time that had already elapsed for perfecting the appeal; it merely affirmed their right to appeal under those conditions, provided the appeal was perfected within the proper period.