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G.R. No.

73146-53 August 26, 1986


ROSARIO LACSAMANA, FLORENCIO BA!IS!A, "IRICO #ACLIBAR, E$AR$O
OCAM#O, %LIO BARI&O, #E$RO #ANGILINAN, E! AL., petitioners,
vs.
!'E 'ONORABLE SECON$ S#ECIAL CASES $I(ISION OF !'E IN!ERME$IA!E
A##ELLA!E COR!, ANIGIA I. CR&, E! AL., respondents.

FERIA, J.:
The Court rules, for the guidance of Bench and Bar, that a motion for extension of time to
file a petition for review under Section 22 of The Judiciary Reorganiation !ct "Batas
#am$ansa Blg. %2&' and Section 22"$' of the (nterim Rules, may properly $e filed with and
granted $y the (ntermediate !ppellate Court "now renamed Court of !ppeals'.
(n the case at $ar, a decision was rendered against petitioners $y the Regional Trial Court of
)a*ati )etro )anila, in an appeal from the decision of the )etropolitan Trial Court of )a*ati
)etro )anila. Copy of said decision was received $y counsel for petitioners on Septem$er
+,, %&-.. /n /cto$er %%, %&-., counsel for petitioners filed a motion with respondent Court
for %. days extension or up to /cto$er +,, %&-. to file a petition for review on the ground
that he needed additional time to finalie the pleading "#etition for Review' in view of his
other written pleadings and trial commitments. Together with the filing of the motion for
extension petitioners paid the necessary doc*et fees.
0owever, on /cto$er %1, %&-., a decision was promulgated $y the Second Special Cases
2ivision of respondent Court which is 3uoted in full as follows4
!s the Supreme Court in the recent case of Habaluyas Enterprises, Inc. vs.
Judge Maximo Japzon,5.R. 6o. 7,-&., !ugust ., %&-., ruled that 8the period
for appealing or for filing a motion for reconsideration cannot $e extended,8
petitioners8 motion for extension of fifteen "%.' days within which to file a
petition for review of the decision of the Regional Trial Court of )a*ati Branch
%9+, in Civil Cases 6os. .%1, to .%17, the title of which they failed to mention
in their motion, is denied.
:0;R;</R;, this case is declared terminated The 2ivision Cler* of Court is
ordered to furnish the respondents with a copy of this decision.
!s herein$elow noted, the original decision of this Court a$ove cited did not involve the
period for appealing, it involved the period for filing a motion for reconsideration and this
decision was reversed $y the court en banc on )ay +,, %&-1.
/n /cto$er +,, %&-., petitioner flied a motion for reconsideration and attached thereto for
admission the petition for review. /n 2ecem$er 9, %&-., a division of five )em$ers of
respondent Court promulgated a resolution denying the motion for reconsideration. /ne
Justice dissented and voted to grant petitioners8 motion for reconsideration, while another
=ustice concurred in denying the motion $ut held that the doctrine laid down inHabaluyas vs.
Hon. Japzon did not constitute a hard and fast rule and that such motions for extension of
time must $e addressed to the sound discretion of the court.
#etitioners then filed the present petition for certiorari to set aside and declare null and void
the a$ovestated decision and resolution of respondent Court. #rivate respondents have
filed a )anifestation and )otion for ;arly Resolution of this case.
:e rule in favor of petitioners.
The issue in the case of Habaluyas Enterprises, Inc. vs. Japzon was whether the fifteen>day
period within which a party may file a motion for reconsideration of a final order or ruling of
the Regional Trial Court may $e extended. The Second 2ivision of this Court originally held
that this could not $e done and set aside the order of respondent Judge granting private
respondents8 motion for new trial. The 3uestion of the granting of a motion for extension of
time to file a petition for review was not involved in said case. /n )ay +,, %&-1, acting on a
motion for reconsideration, t$his Court en banc reversed the original decision and, for the
guidance of Bench and Bar, restated and clarified the rules on this point as follows4
%.' Beginning one month after the promulgation of this Resolution, the rule
shall $e strictly enforced that no motion for extension of time to file a motion
for new trial or reconsideration may $e filed with the )etropolitan or )unicipal
Trial Courts, the Regional Trial Courts, and the (ntermediate !ppellate
Court. uch a motion may be filed only in cases pending with the upreme
!ourt as the court of last resort, which may in its sound discretion either grant
or deny of the extension re3uested.
2.' (n appeals in special proceedings under Rule %,& of the Rules of Court
and in other cases wherein multiple appeals are allowed, a motion for
extension of time to file the record on appeal may $e filed within the
reglementary period of thirty "+,' days. ")oya vs. Barton, 71 #hil. -+%, 0eirs
of 6antes vs. Court of !ppeals, July 2., %&-+, %2+ SCR! 7.+.' (f the court
denies the motion for extension, the appeal must $e ta*en within the original
period "Bello vs. <ernando, January +,, %&12, 9 SCR! %+.', inasmuch as
such a motion does not suspend the period for appeal "Reyes vs. Sta. )aria,
6ovem$er 2,, %&72, 9- SCR! %'. The trial court may grant said motion after
the expiration of the period for appeal provided it was filed within the original
period. "?alero vs. Court of !ppeals, June 2-, %&7+, .% SCR! 917@
Ber*en*otter vs. Court of !ppeals, Septem$er 2-, %&7+, .+ SCR! 22-'.
!ll appeals heretofore timely ta*en, after extensions of time were granted for
the filing of a motion for new trial or reconsideration, shall $e allowed and
determined on the merits.
The Court further restates and clarifies the modes and periods of appeal as follows4
%' /R2(6!RA !##;!BS BA );R; 6/T(C; /< !##;!B.
(n an ordinary appeal from the final =udgment or order of a metropolitan or municipal trial
court to the regional trial court, and from the regional trial court to the Court of !ppeals in
actions or proceedings originally filed in the regional trial court, the fifteen>day period for
appeal provided $y Section +& of B# 6o. %2& and Section %&"a' of the (nterim Rules is
interrupted or suspended $y a motion for new trial or reconsideration, unless such motion
fails to satisfy the re3uirements of Rule +7 "Section + of Rule 9%'. (f the motion for new trial
or reconsideration is denied, the moving party has only the remaining period from notice of
denial within which to file a notice of appeal, which is the only re3uirement for ta*ing an
appeal under the present rules. /$viously, no extension of time to file such a notice of
appeal is needed much less allowed.
2' !##;!BS (6 S#;C(!B #R/C;;2(65S !62 /T0;R C!S;S :0;R;(6 )CBT(#B;
!##;!BS !R; !BB/:;2.
(n an appeal in a special proceeding under Rule %,& 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 re"uired "Section %&D$E of the (nterim Rules'. (f a motion for new trial or
reconsideration is filed and denied, the remaining period within which to file a record on
appeal may $e too short and, hence, a motion for extension of time to file the record on
appeal may be granted, su$=ect to the re3uirements summaried in the Resolution of )ay
+,, %&-1. !s the Court stated in the case of Ro3ue vs. 5unigundo, Fthe thirty>day period
may $e extended $ecause, where the record is voluminous or the appellant has other
pressing matters to attend to, it may not $e practica$le to su$mit the record on appeal within
the reglementary period.F "-& SCR! %7-, %-+'
+' !##;!BS BA #;T(T(/6 </R R;?(;: T/ T0; C/CRT /< !##;!BS.
The final =udgment or order of a regional trial court in an appeal from the final =udgment or
order of a metropolitan trial court, municipal trial court and municipal circuit trial court, may
$e appealed to the Court of !ppeals through a petition for review in accordance with
Section 22 of B# 6o. %2& and Section 22"$' of the (nterim Rules, or to this Court through a
petition for review on certiorari in accordance with Rule 9. of the Rules of Court and Section
2. of the (nterim Rules. The reason for extending the period for the filing of a record on
appeal is also applica$le to the filing of a petition for review with the Court of !ppeals. #he
period for filing a petition for review is fifteen days. (f a motion for reconsideration is filed
with and denied $y a regional trial court, the movant has only remaining period within which
to file a petition for review. 0ence, it may be necessary to file a motion with the Court of
!ppeals for extension of time to file such petition for review.
9' !##;!BS <R/) GC!S(>JC2(C(!B B/2(;S T/ T0; C/CRT /< !##;!BS.
(n an appeal from 3uasi>=udicial $odies to the Court of !ppeals under Repu$lic !ct 6o. .9+9
and Section 22"c' of the (nterim Rules, the appeal shall $e ta*en $y filing a notice of
appeal with the Court of !ppeals and with the 3uasi>=udicial $ody within fifteen days from
notice of the ruling, award, order, decision or =udgment@ 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 + of R! 6o. .9+9'. $o extension of
time to file such a notice of appeal is needed, much less allowed.
.' !##;!BS BA certiorari T/ T0; SC#R;); C/CRT.
(n an appeal $y certiorari to this Court under Rule 9. of the Rules of Court, Section 2. of
the (nterim Rules and Section 7 of #2 6o. %1,1, a party may file a petition for review on
certiorari of the =udgment of a regional trial court, the (ntermediate !ppellate Court, or the
Sandigan$ayan within fifteen days from notice of =udgment or of the denial of his, motion for
reconsideration filed in due time, and paying at the same time the corresponding doc*et fee
"Section % of Rule 9.'. (n 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.
;steno, &7 SCR! +.%@ Turingan vs. Cacdac, %22 SCR! 1+9.'
! motion for extension of time to file a petition for review on certiorari may $e filed with the
Supreme Court within the reglementary period paying at the same time the corresponding
doc*et fee.
Copies of the motion for extension of time and of the su$se3uent petition for review on
certiorari must $e served on certiorari must $e served on the lower court and on the
adversed party.
1' #;R(/2 /< ;HT;6S(/6 /< T(); T/ <(B; #;T(T(/6 #;T(T(/6 </R R;?(;:.
%eginning one month after the promulgation of this 2ecision an extension of only
fifteen days for filing a petition for review may $e granted $y the Court of !ppeals, save in
exceptionally meritorious cases.
The motion for extension of time must $e filed and the corresponding doc*et fee paid within
the reglementary period of appeal.
Copies of the motion for extension of time and of the su$se3uent petition for review must $e
served on the regional trial court and on the adverse party.
:0;R;</R;, the decision of respondent Court promulgated on /cto$er %1, %&-. and its
resolution promulgated on 2ecem$er 9, %&-. are here$y set aside and said Court is
directed to admit the petition for review filed $y petitioners for proper determination. This
decision is immediately executory.
S/ /R2;R;2.
#eehan&ee, !.J., 'ap, (ernan, $arvasa, Melencio)Herrera, *lampay, +utierrez, Jr., !ruz
and ,aras, JJ., concur.
(eliciano, J., is on leave.