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[G.R. No. 147228.November 18, 2002]
R. TRANSPORT CORP. vs. SPS. PAYTON
THIRD DIVISION
Gentlemen:
Quoted hereunder, for your information, is a resolution of this Court dated 18 NOV 2002.
G.R. No. 147228(R. Transport Corporation, petitioner, vs. Spouses Raymond and Felisa Payton, respondents.)
This is a petition for review on certiorari [1] cralaw assailing the Decision dated August 31, 2000 of the Court of Appeals and its Resolution dated February 13, 2001 in CA-G.R. SP No. 39936.
On December 28, 1991, a vehicular accident occurred involving petitioner R. Transport Corporation and one of its drivers, Manuel Ortiz, resulting in the death of Renato Payton, son of respondent spouses Raymond and Felisa Payton. Thus, on March 9, 1992, respondents filed with the Regional Trial Court, Branch 74, Malabon, Metro Manila, a complaint for damages, docketed as Civil Case No. 1746-MN.
����������� On January 30, 1995, the trial court rendered a decision in favor of respondents.
On June 26, 1995, the trial court issued an order modifying its decision, setting aside that portion finding the driver liable. The trial court found that it did not acquire jurisdiction over him. Petitioner received a copy of this order on July 6, 1995.
On July 27, 1995, petitioner filed with the trial court a notice of appeal but it was denied for being late.
Forthwith, petitioners filed with the Court of Appeals a petition for certiorari. [2] cralaw On August 31, 2000, the Appellate Court dismissed the petition on the ground that the notice of appeal was not seasonably filed with the trial court. Petitioner filed a motion for reconsideration but the same was denied in a Resolution dated February 13, 2001.
Hence, this recourse.
Petitioner contends that it filed with the trial court its notice of appeal on time. Surprisingly, it pleads for the relaxation of the statutory requirements on perfecting an appeal.
The petition is devoid of merit.
Section 3, Rule 41 of the 1997 Rules of Civil Procedure, as amended, provides:
"SEC. 3. Period of ordinary appeal. - The appeal shall be taken within fifteen (15) days from notice of the judgment or final order appealed from. x x x"
Petitioner failed to present any evidence to prove its contention. Records show that it received a copy of the trial court's order modifying its decision on July 6, 1995. [3] cralaw Thus, the fifteen (15) day reglementary period within which to file a notice of appeal expired on July 21, 1995. Clearly, petitioner's notice of appeal filed only on July 27, 1995 was filed out of time.
WHEREFORE, the instant petition for review on certiorari is DENIED.
SO ORDERED.
Very truly yours,
(Sgd.) JULIETA Y. CARREON
Clerk of Court
Endnotes:
[1] cralaw Pursuant to Rule 45 of the 1997 Rules of Civil Procedure, as amended.
[2] cralaw Pursuant to Rule 65, id.
[3] cralaw Petition, p. 3 paragraph 4.
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