GR L 9439; (May, 1957) (Digest)
G.R. No. L-9439; May 17, 1957
CANDIDO BUENA, petitioner, vs. HON JUDGE JOSE T. SURTIDA, ET AL., respondents.
FACTS
On December 8, 1953, petitioner Candido Buena received a copy of the adverse decision in Civil Case No. 1767. On January 5, 1954, within the 30-day reglementary period, he filed a notice of appeal and a motion to extend the period for filing his appeal bond and record on appeal. The motion was heard on January 9, 1954, and on January 11, 1954, the trial court granted a 15-day extension. Petitioner filed the appeal bond and record on appeal within this extended period. However, on January 23, 1954, the trial court, upon defendants’ objection, disapproved the record on appeal, ruling that the period for perfecting the appeal expired on January 7, 1954, and thus it had lost jurisdiction; consequently, the January 11 extension order was null and void. Petitioner’s motions for reconsideration were denied, prompting this mandamus petition to compel approval of the record on appeal.
ISSUE
Whether the trial court retained jurisdiction to grant an extension of time to file the appeal bond and record on appeal after the expiration of the 30-day reglementary period, where the motion for extension was filed within that period.
RULING
Yes. The petition is granted. The trial court retained jurisdiction to act on the motion for extension filed within the reglementary period. Under Section 3, Rule 41, the trial court has sound discretion to extend the period for perfecting an appeal. Here, the motion for extension was filed on January 5, 1954, before the expiration of the 30-day period. Although the order granting the extension was issued on January 11, 1954, after the original period expired on January 7, the court still had jurisdiction over the pending motion. Following the doctrine in Heirs of Arroyo Singbeco v. Arellano, once a motion for extension is favorably acted upon, the appeal may be perfected within the extended period. Since petitioner filed his appeal bond and record on appeal within the 15-day extension granted, he perfected his appeal on time. The Rules should be liberally construed. The respondent judge is ordered to approve and certify the record on appeal.