G.R. No. L-7383 May 27, 1955
XERXES G. GARCIA, plaintiff-appellant, vs. DAMIANA SANTICO, defendant-appellee.

FACTS

The plaintiff-appellant, Xerxes G. Garcia, filed a civil action for damages for defamation against the defendant-appellee, Damiana Santico. The Court of First Instance of Pampanga dismissed the action. The plaintiff received a copy of the judgment of dismissal on September 9, 1953. On October 2, 1953 (23 days after notice), he filed a motion for reconsideration, which the court denied on October 14, 1953. A copy of this order of denial was sent to the plaintiff by registered mail (No. 5128) on October 15, 1953. The plaintiff filed his notice of appeal on November 18, 1953, and the record on appeal on November 20, 1953. The defendant moved to dismiss the appeal in both the trial court and the Supreme Court, arguing it was not perfected within the 30-day period prescribed by the Rules of Court. The plaintiff did not deny the factual basis of the motion.

ISSUE

Whether or not the plaintiff-appellant perfected his appeal within the 30-day period prescribed by the Rules of Court.

RULING

No. The Supreme Court dismissed the appeal. The 30-day period to appeal under Section 3, Rule 41 of the Rules of Court is counted from notice of the judgment. The time during which a motion for reconsideration is pending is deducted from this period. Here, the plaintiff received notice of the judgment on September 9, 1953. He filed his motion for reconsideration 23 days later, on October 2. The period from October 2 to October 14 (the date the motion was denied) is excluded. Notice of the order of denial was sent by registered mail on October 15, 1953, and became effective on October 20, 1953. From October 20 to November 20 (the date the record on appeal was filed), 31 days elapsed. Adding the 23 days that lapsed before the motion for reconsideration was filed, a total of 54 days passed, which is beyond the 30-day period. Therefore, the appeal was not perfected on time.