14 Armigos vs. Court of Appeals
14 Armigos vs. Court of Appeals
Court of Appeals
merit in the petition. The rule stated in Article 13 of the Civil Code
to the effect that „In computing a period, the first day shall be
excluded, and the last day included‰ is similar, but not identical to
Section 4 of the Code of Civil Procedure which provided that
„Unless otherwise specially provided, the time within which an act
*
is required by law to be done shall be computed by excluding the
G.R. No. 50654. November 6, 1989. first day and including the last; and if the last be Sunday or a legal
holiday it shall be excluded‰, as well as the old Rule 28 of the Rules
RUDY GLEO ARMIGOS, petitioner, vs. COURT OF of Court which stated that „In computing any period of time
APPEALS, CRISTITO MATA, and JUDGE L. D. CARPIO, prescribed or allowed by the Rules of Court, by order of a court, or
in his capacity as Judge of the Court of First Instance of by any other applicable statute, the day of the act, event or default
Davao del Sur, Branch V, respondents. after which the designated period of time begins to run is not to be
included. The last day of the period so computed is to be included,
unless it is a Sunday or a legal holiday, in which event the time
Appeals; Perfection of appeal within the period laid down by
shall run until the end of the next day which is neither a Sunday or
law, mandatory and jurisdictional; In the absence of any justifying
a legal holiday.‰ In applying this rule, the Court considered the day
reason, the court has no jurisdiction to approve or admit an appeal
as synonymous with the date and we find no cogent reason to adopt
filed out of time.·While it is true that rules of procedure are to be
a different view.
interpreted liberally so that the real matter in dispute may be
submitted to the judgment of the court, and that the trial court is PETITION for certiorari to review the decision of the Court
vested with discretion to allow or admit an appeal filed out of time, of Appeals. Paras, J.
this discretion is not unconditional. There must be justifiable
reason to warrant such action, since the perfection of an appeal in The facts are stated in the opinion of the Court.
the manner and within the period laid down by law is not only David W. Natividad for petitioner. Calamba,
mandatory but jurisdictional, and in the absence of any justifying Garcia, Geralde & Calamba Law Offices for respondents.
circumstance, the court has no jurisdiction to approve or admit an
appeal filed out of time. In the instant case, the petitioner failed to PADILLA, J.:
prove, or even claim, that his failure to appeal on time was due to **
fraud, accident, mistake or excusable negligence. Review on certiorari of the decision of the Court of
Appeals, which dismissed the petition filed and docketed
Same; Same; Computation of a period; First day excluded, last therein as CA-G.R. No. SP-07192-R, entitled: „Rudy Gleo
day included Rule under Art. 13 of the Civil Code; Case at bar.·We Armigos, petitioner, versus Judge L.D. Carpio, respondent,‰
find no and the resolution denying the motion for reconsideration
of said decision.
________________ The undisputed facts are as follows:
The private respondent, Cristito Mata, filed a complaint
* SECOND DIVISION. against the herein petitioner with the Municipal Court of
Digos, Davao del Sur, docketed as Civil Case No. 971, for
the collection of damages and attorneyÊs fees. After trial,
2 judgment was rendered in favor of the private respondent
and against the herein
________________
2 SUPREME COURT REPORTS ANNOTATED
** Penned by Justice Edgardo L. Paras, with Justices Ramon G. 1950.
Gaviola Jr., and B.S. de la Fuente, concurring. The petitioner filed a motion for reconsideration of the
appellate courtÊs decision, but his motion was denied in a
3
resolution promulgated on 7 December 1978.
________________
3
admit an appeal filed out of time. In the instant case, the
petitioner failed to prove, or even claim, that his failure to
appeal on time was due to fraud, accident, mistake or
excusable negligence.
WHEREFORE, the petition is DENIED. With costs
against the petitioner.
SO ORDERED.
Petition denied.
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