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[G.R. No. 150268.March 5, 2003]

DRAGON vs. MOLERA & MOLERA CONSTRUCTION INC.

THIRD DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated MAR 5 2003.

G.R. No. 150268 (Renato P. Dragon, petitioner, vs. Pedro P. Molera and Molera Construction Incorporated, respondents.)

In this petition for review on certiorari, petitioner Renato P. Dragon assails the Court of Appeals (a) Decision dated July 9, 2001 in CA G.R. SP No. 53929 holding that petitioner's notice of appeal filed with the trial court was late and (b) Resolution dated October 21, 2001 denying his motion for reconsideration.

Records show that on July 14, 1981, petitioner filed with the Regional Trial Court, Branch 64, Makati City a complaint for specific performance against respondents Pedro P. Molera and Molera Construction, Inc., docketed as Civil Case No. 3752.

After petitioner had rested his case, respondents filed a Demurrer to Evidence Cum Motion for Summary Judgment. On February 12, 1999, the trial court issued an order granting the demurrer and dismissing the complaint. Petitioner received a copy of the order of dismissal on February 19, 1999. On March 8, 1999, he filed a motion for reconsideration. In an order dated April 12, 1999, the trial court denied the motion for lack of merit.He received a copy Of the said order on April 16, 1999, a Friday. Since according to him, April 17, 1999 is a Saturday and April 18 is a Sunday, he had until April 19 (Monday) within which to file the notice of appeal. Surprisingly, he filed his notice of appeal only on April 21 (Wednesday), or two (2) days late.

On April 27, 1999, upon respondents' motion, the trial court denied due course to the notice of appeal.

Petitioner then filed with the Court of Appeals a petition for certiorari and mandamus.

In its Decision [1] cralaw dated July 9, 2001, the Court of Appeals dismissed the petition, holding that petitioner's notice of appeal was not seasonably filed with the lower court. Petitioner filed a motion for reconsideration but was denied on October 21, 2001.

Hence this petition.

Petitioner admits that his notice of appeal was filed two (2) days late. He explains that his counsel inadvertently placed the lower court's order dated April 12, 1999 in the folder of another case and it was found only on April 21, 1999. He contends that this case falls within the exceptional circumstances which justify the relaxation of the Rules of Court on the period for filing a notice of appeal.

Records clearly show that petitioner's counsel received a copy of the trial court's order dated April 12, 1999 on April 16, 1999. But he filed a notice of appeal only on April 21, 1999 or two (2) days late. As such, the order of the trial court ipso facto became final.

Well settled is the rule that the perfection of appeal within the statutory or reglementary period is not only mandatory but also jurisdictional and failure to do so renders the questioned decision final and executory and deprives the Appellate Court of the legal authority to alter the final judgment, much less to entertain the appeal.3 Obviously, the negligence of petitioner's counsel here in placing the trial court's order dated April 12, 1999 in a wrong folder does not justify the relaxation of the Rules.

WHEREFORE, the petition is DISMISSED. The assailed Decision of the Court of Appeals is AFFIRMED.

SO ORDERED.

Very truly yours,

(Sgd.) JULIETA Y. CARREON
Clerk of Court



Endnotes:

[1] cralaw Penned by Justice Hilarion L. Aquino and concurred in by Justices Maria Alicia Austria-Martinez and Jose L. Sabio, Jr.; Rollo at 87-92.

3 Sublay vs. National Labor Relations Commission, 3 24 SCRA 1 88, 1 93 (2000); Republic vs. Court of Appeals, 313 SCRA 376, 382 (1999).


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