G.R. No. L-1896, December 23, 1904
THE UNITED STATES, plaintiff-appellee, vs. PEDRO TRINCIO, defendant-appellant.

FACTS:
The defendant, Pedro Trincio, was convicted by the Court of First Instance of Manila on August 17, 1903. On August 19, 1903, he filed a motion for a new trial. The trial judge denied this motion on October 2, 1903, ruling that it did not comply with the requirements of Section 42 of General Orders No. 58. On October 5, 1903, Trincio filed his notice of appeal. The Solicitor-General moved to dismiss the appeal on the ground that it was not perfected within the 15-day period prescribed by Section 47 of General Orders No. 58, which requires an appeal to be taken within fifteen days from the rendition of the judgment or order appealed from.

ISSUE:
Whether the pendency of a motion for a new trial extends the 15-day period for perfecting an appeal in a criminal case.

RULING:
No. The Supreme Court granted the motion to dismiss the appeal. It held that under Section 47 of General Orders No. 58, an appeal in a criminal case must be taken within fifteen days from the rendition of the judgment. The Court, citing its prior decisions in United States vs. Flemister (1 Phil. Rep., 317) and United States vs. Perez (1 Phil. Rep., 322), reiterated the established rules: (1) appeals in criminal cases are not allowed after fifteen days from the judgment; (2) the pendency of a motion for a new trial does not extend the time to perfect an appeal; and (3) a motion for a new trial fails ipso facto if the judge does not decide it within the same fifteen-day period. Since the judgment was rendered on August 17, 1903, and the appeal was filed only on October 5, 1903well beyond the 15-day periodthe appeal was dismissed for being filed out of time.