FACTS:
On June 13, 1906, Rufino Viloria, acting as justice of the peace, rendered a judgment in favor of Tomas Fortuna and against Balbino Escobar for P207.40 and costs. Escobar received notice of this judgment on June 16, 1906. On the morning of June 22, 1906, Escobar filed a notice of his intention to appeal with the justice of the peace, which was allowed. On the same day, after the appeal was allowed, Fortuna requested an execution of the judgment, but the justice of the peace denied it due to the allowed appeal.

Fortuna then filed a petition in the Court of First Instance (CFI) on July 3, 1906, asking the court to order the justice of the peace to issue an execution, arguing that Escobar’s appeal was null and void as it was granted beyond the statutory period for appeals. The CFI agreed with Fortuna, deciding that the justice of the peace improperly allowed the appeal, dismissed it, and ordered the cause returned to the justice of the peace with direction that an execution be issued upon the original judgment. Escobar excepted to this order and appealed to the Supreme Court.

Section 76 of Act No. 190 provides a five-day period after judgment rendition for perfecting an appeal by filing a written statement and giving a bond. Section 4 of the same Act dictates that time is computed by excluding the first day and including the last, unless the last day is a Sunday or holiday.

ISSUE:
Whether the Court of First Instance erred in dismissing Balbino Escobar’s appeal and ordering the execution of the original judgment, on the ground that the appeal was filed beyond the statutory five-day period allowed by law.

RULING:
The Supreme Court affirmed the judgment of the Court of First Instance. Applying Section 4 of Act No. 190 to the case, the five-day period for appeal, counted from June 16, 1906 (when Escobar received notice of judgment), expired on June 21, 1906. Escobar, however, filed his notice of appeal on June 22, 1906, which was after the statutory period had elapsed.

Therefore, the Court ruled that Escobar had lost his right to appeal, and the allowance of the appeal by the justice of the peace after the time fixed by law was void. The Court of First Instance committed no error in dismissing the appeal and ordering the record returned to the justice of the peace, with directions that the original judgment be executed.