GR L 29729; (January, 1969) (Digest)
G.R. No. L-29729; January 31, 1969
Demetrio Jaugan, petitioner, vs. The People of the Philippines, and The Hon. Court of Appeals, respondents.
FACTS
Petitioner Demetrio Jaugan was convicted of homicide by the Court of Appeals. He received notice of the decision on June 20, 1968. He was granted a 30-day extension to file a motion for reconsideration and/or new trial, making the deadline August 4, 1968. He filed such a motion on July 23, 1968. The Court of Appeals denied this motion on August 6, 1968, and notice was received by petitioner on August 22, 1968. On August 23, 1968, petitioner filed with the Court of Appeals a motion for leave to file a second motion for reconsideration and/or new trial, which was denied on September 3, 1968 (notice received September 10 or 11, 1968). Petitioner finally filed a petition for certiorari with the Supreme Court on October 29, 1968. The Supreme Court denied this petition on November 5, 1968, for being filed late. Petitioner filed a motion for reconsideration of that denial on November 21, 1968, which was denied on December 2, 1968. Petitioner then filed a motion for leave to file a second motion for reconsideration on December 17, 1968, which is the subject of this resolution.
ISSUE
Whether the petition for certiorari filed with the Supreme Court on October 29, 1968, was filed within the reglementary period.
RULING
No, the petition for certiorari was filed out of time. Under Section 1, Rule 45 of the Rules of Court, the period to appeal by certiorari from the Court of Appeals decision is fifteen days from notice of the denial of a timely motion for reconsideration. Petitioner received notice of the denial of his first motion for reconsideration on August 22, 1968. Thus, the fifteen-day period to file the petition for certiorari began on August 23, 1968, and expired on September 6, 1968. The subsequent motion for leave to file a second motion for reconsideration filed with the Court of Appeals on August 23, 1968, did not suspend the running of this fifteen-day period. Consequently, the petition for certiorari filed on October 29, 1968, was filed beyond the reglementary period. The motion for leave to file a second motion for reconsideration of the Supreme Court’s denial was also denied for being filed out of time under Section 1, Rule 52 of the Rules of Court.