People of the Philippines Vs Teodoro Tamani, 55 SCRA 153, G.R. No.

22160, January 21, 1974

Facts:
After the appellant had filed his brief, the Solicitor General filed a motion to dismiss the appeal
on the ground that the notice of appeal was forty-seven days late. The lower court's decision
convicting defendant Tamani was promulgated on February 14, 1963. He filed his notice of
appeal only on September 10, 1963 or forty eight days from July 24th.

Issue:
Whether or not the 15-day period within which to appeal a judgment of conviction in a criminal
action is counted from the date of promulgation of judgment.

Ruling:
Yes. Section 22, Rule 122 of the Rules of Court provides that “an appeal must be taken within
fifteen (15) days from promulgation or notice of judgment or order appealed from.” The court
held that the 15-day period should be counted from the promulgation and not from receipt of
copy of judgment. The word "promulgation" in Section 6 should be construed as referring to
"judgment" under Section 6 of Rule 120, while the word "notice" should be construed as
referring to "order". That construction is sanctioned by the rule of reddendo singula singulis.
Therefore, when the order denying appellant's motion for reconsideration was served by
registered mail on July 13th on appellant's counsel, he had only one (1) day within which to file
his notice of appeal and not eleven days. Appellant Tamani's notice of appeal, filed on
September 10, 1963, was fifty-eight days late.