Supreme Court decision · Remedial Law

Machinery and Engineering Supplies, Inc. v. Liwag

G.R. No. L-5135 · Promulgated September 8, 1953 · Ponente: Jugo

In brief

This case is about the dismissal of a certiorari petition due to the petitioner's failure to file a timely appeal from a final dismissal order.

Motion for Reconsideration, Dismissal, Appeal Period, Final Order, Court of First Instance

Related cases

G.R. No. L-4083 Lang v. Acting Provincial Sheriff of Surigao (Previous decision in Remedial Law)
G. R. No. L-5269 Capistrano v. Cariño (Next decision in Remedial Law)

Full text

[ G.R. No. L-5135, September 08, 1953 ]

MACHINERY AND ENGINEERING SUPPLIES, INC., PETITIONER, VS. THE HON. JUAN R. LIWAG, JUDGE OF THE COURT OF THE FIRST INSTANCE OF LEGASPI CITY, RESPONDENT.

R E S O L U T I O N

JUGO, J.:

It appearing that the Court of First Instance of Albay issued an order on August 9, 1951, dismissing the case entitled Machinery & Engineering Supplies, Incorporated vs. The Municipal Judge Alfredo S. Rebueno, No. 584 if said court, copy of which order was received by the plaintiff (herein petitioner) on August 14, 1951; that on August 16, 1951, the petitioner filed a motion for reconsideration of said order which was denied by the Court of First Instance of Albay on August 25, 1951, copy of which resolution of denial was received by the petitioner on September 3, 1951; and that the order of dismissal being of a final and not interlocutory character, the petitioner should have appealed within the period of thirty days from receipt of notice but has not done so, even assuming that the petitioner's motion for reconsideration suspended the period of appeal.

The petition for certiorari is hereby dismissed without costs. So ordered.

Paras, C. J., Pablo, Bengzon, Padilla, Tuason, Montemayor, Reyes, Bautista Angelo and Labrador, JJ., concur.