Armigos v CA Digest

Facts:

1.  The private respondent, Cristito Mata, filed a complaint against the herein petitioner with the Municipal Court of Digos Davao del Sur, for the collection of damages and attorney's fees. After trial, judgment was rendered in favor of the private respondent.

2.   A copy of the decision was received by the petitioner on 8 June 1977, and the following day, 9 June 1977, he filed a notice of appeal with the said municipal court, and on 24 June 1977, he completed the other requirements for the perfection of an appeal, including the filing of an appeal bond and the payment of the appellate court docket fee. However, when the case was elevated to the CFI for the consideration of the appeal, the presiding judge thereof ruled that the appeal was filed beyond the reglementary period; consequently, he dismissed the appeal.

3.   Petitioner’s contention: that from 8 June 1977, when he received a copy of the decision of the municipal court, to 24 June 1977, when he perfected his appeal, only fifteen (15) days had elapsed so that the decision of the Court of First Instance of Davao del Sur, dismissing his appeal for having been filed beyond the reglementary period, is erroneous and contrary to law. The petitioner contended that the computation of the period to appeal should commence on the hour he received copy of the decision, so that the first of the 15-day period comprising 24 hours is from 4:00 o'clock p.m. of 9 June 1977 to 4:00 o'clock p.m. of 10 June 1977 and the last day, from 4:00 o'clock p.m. of 23 June 1977 to 4:00 o'clock p.m. of 24 June 1977.

Issue: Whether or not petitioner's contention is correct

NO.

1.   The Court considered the day as synonymous with the date. Consequently, the 5th day shall be the 15 days after the appeal regardless of the time when it was submitted.

2.   The rule stated in Article 13 of the Civil Code to the effect that "In computing a period, the first day shall be excluded, and the last day included" is similar, but not identical to Section 4 of the Code of Civil Procedure which provided that "Unless otherwise specially provided, the time within which an act is required by law to be done shall be computed by excluding the first day and including the last; and if the last be Sunday or a legal holiday it shall be excluded", as well as the old Rule 28 of the Rules of Court which stated that prescribed or allowed by the Rules of Court, by order of a court, or by any other applicable statute, the day of the act, event or default after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included, unless it is a Sunday or a legal holiday, in which event the time shall run until the end of the next day which is neither a Sunday or a legal holiday."

3.   Human memory is frail - Human memory on dates or days is frail and unless the day is an extraordinary one for a person, there is no reasonable certainty of its correctness. What more for the exact hour when a pleading, order or decision is received by a party? The period laid down by the law is not only mandatory but jurisdictional.