[ CIRCULAR NO. 10, August 28, 1996 ]

[ CIRCULAR NO. 10, August 28, 1996 ]

[ CIRCULAR NO. 10, August 28, 1996 ]

TO :

ALL JUSTICES OF THE COURT OF APPEALS, JUDGES OF THE REGIONAL TRIAL COURTS, METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS IN CITIES, MUNICIPAL TRIAL COURTS, MUNICIPAL CIRCUIT TRIAL COURTS, SHARI' A DISTRICT COURTS AND SHARI' A CIRCUIT COURTS

SUBJECT: Restatement and Clarification of the Rules on Filling of Motions for Execution of Time to File Motion for New Trial of Reconsideration and the Modes and Periods of Appeal

MOTIONS FOR EXTENSION OF TIME OF THE FILE MOTION FOR NEW TRIAL OR RECONSIDERATION

In G.R. No. 70895, entitled "Habaluyas Enterprises, Inc. and Pedro Habaluyas vs. Judge Maximo N. Japzon, Regional Trial Court, Branch 36, Manila; Shogu Noda & Co., Ltd., and Shuya Noda", promulagated on May 30, 1986, the Supreme Court En Banc Resolved, to wit:

"x x x Hence, for the guidance of Bench and Barm the Court restates and clarifies the rules on this point, as follows:

1.) Beginning one month after the promulgation of this Resolution, the rule shall be strictly enforced that no motion for extension of time to file a motion for new trial or reconsideration may be filed with the Metropolitan or Municipal Trial Courts, the Regional Trial Courts, and the Intermediate Appellate Court. Such a motion may be filed only cases pending with the Supreme Court as the court of last resort, which may in its sound discretion either grant or deny the extension requested.

"2.) In appeals in special proceedings under Rule 109 of the Rules of Court and in other cases where multiple appeals are allowed, motion for extension of time to file a record on appeal may be filed within the reglementary period of thirty (30) days. (Moya vs. Barton, 76 Phil. 831; Heirs of Nantes vs. Court of Appeals, July 25, 1983, 123 SCRA 753.) If the court denied the motion for extension, the appeal must be taken within the original period (Eello vs. Fernando, January 30, 1962, k SCRA 135); inasmuch as such a motion does not suspend the period.for appeal (Reyes vs. Sta. Maria, November 20, 1972, 48 SCRA l). The trial court may grant said motion after the expiration of the period for appeal provided it was filed within the original period. (Valero vs. Court of Appeals, June 28, 1973, 51 : SCRA 1+67; Berkenkotter vs. Court of Appeals, September 28, 1973, 53 SCRA 228).

"All appeals heretofore timely taken, after extensions of time were granted for the filing of a motion for new trial or reconsideration, shall be allowed and determined on the merits.

"x x x"

MODES AND PERIODS OF APPEALS

In G.R. No. 73146-53, entitled "Hosario Lacsamana, Florencio Bautista, Quirico P.a-cliuar, Eduardo- Ocampo, Julio Barizp, Pedro Parigilinan , et al. vs.' The Honorable Second ' Special Cases.Division of the Intermediate Appellate Court, Anicia I. Cruz, et al." , promulgated on August 26, 1986, die Supreme Court En Bane Resolved further to restate and clarify the modes and periods of appeal as follows:

"1) ORDINARY APPEALS EY MERE NOTICE OF APPEAL.

"In an ordinary appeal .from the final judgment or order of a metropolitan or municipal trial court to the-the regional trial court, and from the regional trial court to .the Court of Appeals in actions or proceedings originally filed in the regional trial Court, the fifteen-day period for appeal provided by Section 39 of EP No. 129 and Section 19(a) of Iho Interim Rules is interrupted or suspended by a motion for new trial or reconsideration, unless such motion for new trial or reconsidetration, unless such motion fails to satisfy the requirements of .HiiM.c- 37 (Section 3 of Rule 41). If the Motion for new trinl or reconsideration is denied, the moving party has only requirement of Rule 37 (Section 3 of Rule 41). If the montion for new trial or reconsideration is denied, the moving party has only the remaining period from notice of denial within which to file a notice of appeal, which is the only requirement for taking an appeal under the present rules. Obviously, no extension of time to file such a notice of appeal intended, much less allowed.

"2) APPEALS IN SPECIAL PROCEEDINGS AND OTHER CASES WHEREIN MULTIPLE APPEALS ARE ALLOWED.

"In an appeal in a special proceeding under Rule 109 of the Rules of Court and in other cases wherein multiple appeals are allowed, the period of appeal is thirty days, a record on appeal being required ,. (Section 19[b] of the Interim Rules). If a motion for new trial or reconsideration is filed and denied, the remaining period within which to file a record on appeal maybe .too short and, hence, a motion for extension of time to file the record on appeal may be granted , subject to the requirements summarized in the Resolution of May 30, 1986. As the Court stated in the case of Roque vs. Gunigundo, the thirty-day period may be extended because, where the record is voluminous or the appellant has other pressing matters to attend to, it may not be practicable to submit the record on appeal within the reglementary period." (89 SCRA 178, 183)

"3) APPEALS BY PETITION FOR REVIEW TO THE COURT OF APPEALS.

. "The final judgment or order, of a regional . trial court in an appeal.from the final judgment or order of a metropolitan trial court, municipal trial court and municipal circuit trial court, may be appealed to the Court of Appeals through a petition for review in accordance with Section 22 of BP No. 129 and Section 22(b) of the Interim Rules, or to this Court through a petition for review on certiorari in occo'rdancc with Rule k$ of the Rules of Court and Section 25 of the Interim Rules. The reason for extending the period for the filing of a record on appeal is also applicable to the filing of a petition for review with the Court of Appeals. The period for filing a petition for review is fifteen days . If a motion for reconsideration is filed with and denied by a regional trial court, the movant has only remaining period within which to file a petition for review. Hence, it may be necessary to file a motion with the Court of Appeals for extension of time to file such petition for review .

"4. APPEALS FROM QUASI-JUDICIAL BODIES TO THE COURT OF APPEALS.

"In an appeal from quasi-judicial bodies to the Court of Appeals under Republic Act No. 5434 and Section 22(c) of the Interim Rules, the appeal shall be taken by filling a notice of appeal with the Court of Appeals and with the quasi-judicial body within fifteen days from notice of the rulling , award, order, decision or judgment; or in the case a motion for reconsideration is filed within said period, then within ten days from notice of the resolution denying the motion for reconsideration (Sections 2 and 3 of RA No. 5434). No extension of time to file such a notice of appeal is needed, much less allowed .

"5. APPEALS BY CERTIORARI TO THE SUPREME COURT.

"In an appeal by certiorari to this Court under Rule 45 of the Rules of Court, Section 25 of the Interim Rules and Section 7 of PD. No. 1606, a party may file a petition for review on cetiorari of the judgment of a regional trial court, the Court of Appeals, or the Sandiganbayan witin fifteen days from notice of judgment of the denial of his motion for reconsideration filed in due time, and paying at the same time the corresponding docket fee (Section 1 of Rule 45). In other words, in the event a motion for reconsideration is filed and denied, the period of fifteen days begins to run again from notice of denial . (See Codilla vs. Estanzo, 97 SCRA 351; Turingan vs. Cacdac, 122 SCRA 634)

" A motion for extension of time to file a petition for review on certiorari may be filed with the Supreme Court within the reglementary period, paying at the same time the corresponding docket fee .

"Copies of the motion for extension of time and of the subsequent petition for review on certiorari must be served on the lowe court and on the adverse party.

"6. PERIOD OF EXTENSION OF TIME TO FILE PETITION FOR REVIEW.

"The motion for extension of time must be filed and the corresponding docket fee paid within the reglementary period of appeal.

"Copies of the motion for extension of time and of the subsequent petition for review must be served on the regional trial court and on the adverse party."

"x x x.""

Beginning one month after the promulgation of this Decision, the extension of only fifteen days for filling a petition for review may be granted by the Court of Appeals, save in exceptionally meritorious cases.

Please be guided accordingly.

August 28, 1996.

(SGD.) CLAUDIO TEEHANKEE

Chief Justice

Office of Judge Maeren Office of Atty. Juanito C. Ranjo Office of the Clerk of Court