G.R. No. L-8454 April 13, 1956
DOLORES LOPEZ VDA. DE JISON, HEIRS OF ALBINO JISON and HEIRS OF JOAQUINA ALBORO, petitioners, vs. THE HONORABLE COURT OF APPEALS, DOMINADOR LACSON and VISITACION LACSON, respondents.

FACTS

On October 17, 1952, the Court of First Instance of Negros Occidental rendered a decision adjudicating certain cadastral lots to respondents Dominador Lacson and Visitacion Lacson. Petitioners, as claimants, received notice of this decision on November 17, 1952. They filed a notice of appeal on December 8, 1952, and on December 12, 1952, filed a motion asking the court for permission to file a joint record on appeal. Due to the judge’s leave of absence, this motion was not acted upon until January 10, 1953, when Judge Lorenzo C. Garlitos issued an order authorizing petitioners “to file and submit for approval a joint record on appeal within the reglementary period as required by law.” Petitioners received a copy of this order on February 19, 1953, and filed the joint record on appeal and appeal bond on February 20, 1953. Respondents objected and moved to dismiss the appeal, claiming it was filed beyond the reglementary period. Judge Garlitos overruled this objection on April 23, 1953. However, after Judge Garlitos ceased to preside, his successor, Judge Francisco Arellano, reconsidered the order and dismissed the appeal. Petitioners then filed a petition for mandamus in the Court of Appeals to compel Judge Arellano to approve and certify the joint record on appeal. The Court of Appeals dismissed the petition, prompting this appeal.

ISSUE

Whether or not petitioners’ appeal from the decision of the Court of First Instance was perfected within the reglementary period.

RULING

The Supreme Court reversed the decision of the Court of Appeals and granted the writ of mandamus. The Court held that petitioners’ appeal was seasonably perfected. The motion for authority to file a joint record on appeal was filed on December 12, 1952, which was within the reglementary period (five days before its expiration on December 17, 1952). Petitioners could not have filed the joint record on appeal while their motion was pending. The order of January 10, 1953, issued by Judge Garlitos, indicated an intention either to suspend the running of the period during the pendency of the motion or to grant petitioners additional time from notice of the order equivalent to the unexpired portion of the reglementary period. Considering the circumstances—including the shuttling of records between Bacolod City and Escalante (102 kilometers apart), the voluminous records from reconstitution, and the liberal construction of the Rules of Court to afford litigants a reasonable opportunity to defend their rights—the filing of the joint record on appeal and appeal bond on February 20, 1953, immediately after receipt of the order on February 19, 1953, was timely. Costs were awarded against respondents Dominador Lacson and Visitacion Lacson.