GR L 24934; (September, 1968) (Digest)
G.R. No. L-24934 September 28, 1968
J. M. TUASON & CO., INC., plaintiff-appellee, vs. RAYMUNDO FAMILARA, defendant, CORNELIO S. RUPERTO, respondent-appellant.
FACTS
Respondent-appellant Cornelio S. Ruperto, counsel for defendant Raymundo Familara, was found guilty of contempt of court by Judge Hermogenes Caluag in an order dated October 16, 1964, for “hurling false and malicious charges” against the court, and was fined P500.00. Ruperto received a copy of this order on October 26, 1964. He filed a motion for reconsideration on November 12, 1964, which was denied by the lower court on December 7, 1964. Ruperto then filed a notice of appeal on December 15, 1964. The lower court, in an order dated January 27, 1965, denied the appeal for having been filed outside the reglementary period. A subsequent motion for reconsideration of this denial was filed on March 22, 1965, and denied by Judge Placido C. Ramos on the ground that the October 16, 1964 order had become final. From this denial, Ruperto filed another notice of appeal on April 28, 1965. The plaintiff-appellee filed a motion to dismiss the appeal.
ISSUE
Whether or not the appeal from the contempt order was filed within the reglementary period.
RULING
No. The appeal was not filed within the reglementary period and is therefore dismissed. Under Section 10 of Rule 71, an appeal from a contempt order of a Court of First Instance may be taken as in criminal cases. Pursuant to Section 6 of Rule 122, an appeal in a criminal case must be taken within fifteen (15) days from notice of the judgment or order. The period is interrupted only from the time a motion for new trial is filed until notice of the order overruling it is served. Ruperto received notice of the contempt order on October 26, 1964, making the last day to appeal November 10, 1964. His motion for reconsideration was filed on November 12, 1964, which was beyond the 15-day period and therefore did not interrupt the running of the period. Consequently, the order finding him guilty of contempt became final and could no longer be appealed.