GR L 23617; (August, 1967) (Digest)
G.R. No. L-23617, August 26, 1967.
Angelo King, plaintiff-appellee, vs. Pablo Joe and Henry C. Corro, defendants-appellants.
FACTS
On March 5, 1964, the City Court of Manila rendered a judgment against defendants Pablo Joe and Henry C. Corro, ordering them to pay plaintiff Angelo King a sum of money with interest, attorney’s fees, and costs. Defendants were notified of this judgment on March 16, 1964. On March 30, 1964 (14 days after notice), defendants filed a motion for extension of time to file a motion for reconsideration of the decision. The City Court denied this motion on April 6, 1964, deeming it “purely for delay.” Defendants received the denial order on April 20, 1964. The following day, April 21, 1964, defendants filed their notice of appeal, appeal bond, and paid the appellate docket fee. Plaintiff moved to dismiss the appeal in the Court of First Instance of Manila, arguing it was filed 21 days beyond the 15-day reglementary period. On June 18, 1964, the Court of First Instance granted the motion and dismissed the appeal for being perfected out of time. Defendants appealed this dismissal order to the Supreme Court.
ISSUE
Whether the defendants’ appeal from the City Court to the Court of First Instance was perfected on time.
RULING
No. The Supreme Court affirmed the order dismissing the appeal, ruling it was perfected out of time. The reglementary period to appeal was 15 days from notice of judgment, which expired on March 31, 1964. The appeal was only taken on April 21, 1964. The filing of a motion for extension of time to file a motion for reconsideration does not toll or interrupt the running of the period for perfecting an appeal. Such a motion, especially one filed at the eleventh hour (one day before the period’s expiry) and correctly found by the trial court to be purely dilatory, does not suspend the reglementary period. Defendants assumed the risk that their motion might be denied and failed to check its outcome promptly. Public policy demands that judgments become final at a definite date fixed by law.