GR L 8990; (February, 1957) (Digest)
G.R. No. L-8990 February 28, 1957
Martina Samudio and Emilliano Samudio, plaintiffs-appellees, vs. The Municipality of Gainza, Camarines Sur, defendant-appellant.
FACTS
On August 26, 1952, plaintiffs-appellees Martina and Emilliano Samudio filed an action against defendant-appellant Municipality of Gainza for recovery and declaration of ownership over a portion of land. The defendant, through the Provincial Fiscal, was granted an extension to file its answer until September 28, 1952. The defendant filed its answer on September 27, 1952, one day after the expiration of the extended period. On that same day, the plaintiffs filed a petition for default. On September 30, 1952, the lower court declared the defendant in default. On October 30, 1952, the trial court rendered a decision declaring the plaintiffs as the lawful owners of the land. On October 17, 1952, the Provincial Fiscal learned of the decision and filed a motion for reconsideration of the order of default and to set aside the decision, citing excusable neglect due to official business and asserting a valid defense (prior victory in an ejectment case and a donation of the land to the municipality). This motion was denied on November 11, 1952, with notice to the defendant on November 13, 1952. On November 25, 1952, the defendant filed a motion for new trial on similar grounds, which was denied on January 12, 1953. On January 15, 1953, the defendant filed a notice of appeal. The plaintiffs objected, arguing the appeal was filed out of time. The trial court disapproved the notice of appeal, appeal bond, and record on appeal, finding they were filed 63 days after notice of the denial of the first motion for reconsideration, thus beyond the reglementary period. The defendant appealed, and the case was certified to the Supreme Court by the Court of Appeals as involving only questions of law.
ISSUE
Whether the defendant’s appeal from the order of default and the subsequent judgment was perfected within the reglementary period.
RULING
No. The Supreme Court affirmed the orders of the lower court. The Court held that the order of default and the decision had become final and executory, rendering the appeal unappealable. The defendant’s motion for reconsideration of the order of default and the decision was denied on November 11, 1952, with notice on November 13, 1952. The period to appeal from that order of denial began on November 13, 1952, and should have been perfected within 30 days, or by December 13, 1952. The defendant’s subsequent motion for new trial filed on November 25, 1952, was a mere repetition of the grounds in the first motion for reconsideration and thus constituted a pro forma motion, which did not suspend the period to appeal. Consequently, the notice of appeal, appeal bond, and record on appeal filed on January 15 and 16, 1953, were filed out of time. The appeal was therefore dismissed.