CIRCULAR
NO. 10[1986]
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 FILING OF MOTIONS FOR
EXTENSION
OF TIME TO FILE MOTION FOR NEW TRIAL OR RECONSIDERATION AND THE MODES
AND
PERIODS OF APPEAL.
Motions for
Extension of Time to File Motion for New Trial or Reconsideration.
In G.R. No.
70895,
entitled "Habaluyas Enterprises, Inc. and Pedro Habaluyas vs. Judge
Maximo M. Japzon, Regional Trial Court, Branch 36, Manila; Shugo Noda
&
Co., Ltd., Shuya Noda", promulgated on May 30, 1986, the Supreme
Court
En Banc resolved, to wit:chanroblesvirtuallawlibrary
"x
x x Hence, for the guidance of Bench and Bar, the Court restates
and clarifies the rules on this point, as follows:chanroblesvirtuallawlibrary
"[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 in 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. (See Rolloque vs. CA, 193
SCRA
47; Caltex [Phils.] Inc. vs. IAC, 215 SCRA 580).
"[2] In
appeals in
special proceedings under Rule 109 of the Rules of Court and in other
cases
wherein multiple appeals are allowed, a motion for extension of time to
file a record on appeal may be filed within the 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
denies
the motion for extension, the appeal must be taken within the original
period (Bello vs. Fernando, January 30, 1962, 4 SCRA 135);
inasmuch
as such a motion does not suspend the period for appeal (Reyes vs.
Sta.
Maria, November 20, 1972, 48 SCRA 1). 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 SRCA 467; 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 Appeal.
In G. R. No. 73146-53,
entitled "Rosario Lacsamana, Florencio Bautista, Quirino Paclibar,
Eduardo
Ocampo, Julio Barizo, Pedro Pangilinan, et al. vs. The Honorable Second
Special Cases Division of the Intermediate Appellate Court, Anicia I.
Cruz,
et al.", promulgated on August 26, 1986, the Supreme Court En
Banc
resolved further to restate and clarify the modes and periods of appeal
as follows:chanroblesvirtuallawlibrary
"[1] Ordinary
appeal by mere notice of appeal.
"In an
ordinary
appeal from the final judgment or order of a Metropolitan or Municipal
Trial Court to 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 B. P. No. 129 and Section 19(a) of the Interim Rules is
interrupted
or suspended by a motion for new trial or reconsideration, unless such
motion fails to satisfy the requirements of Rule 37 (Section 3 of Rule
41). If the motion 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 is needed, much less allowed." (See Liboro
vs.
CA, 218 SCRA 193).
"[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 a new trial or reconsideration is filed and denied, the
remaining period within which to file a record on appeal may be 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 B. P. No. 129 and
Section 22(b) of the Interim Rules, or to this Court through a petition
for review of certiorari in accordance with Rule 25 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
the 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." (Liboro vs. CA,
218
SCRA 193).
"[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
filing
a notice of appeal with the Court of Appeals and with the
quasi-judicial
body within fifteen days from notice of the ruling, award, order,
decision
or judgment; or in 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 the Republic Act No.
5434).
No extension of time to file such a notice of appeal is needed, much
less
allowed." [N.B. This is superseded/repealed by
Circular No.
1-91 dated February 27, 1991].
"[5] Appeals
by certiorary to the Supreme Court.
"[6] Period
of
extension of time to file petition for review.
"Beginning
one month
after the promulgation of this Decision, the extension of only fifteen
days for filing a petition for review may be granted by the Court of
Appeals,
save in exceptionally meritorious cases.
Please be guided accordingly.
August 28, 1986.
[Sgd.]
CLAUDIO
TEEHANKEE Chief
Justice
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