G.R. No.

L-38006 May 16, 1978

De las Alas vs. CA

Facts: CFI rendered a decision in a civil case. Copy of the decision was received by petitioners'
counsel on September 9, 1972. On September 28, petitioners' counsel filed an urgent motion for

extension of 15 days from October 9, the last day for filing a motion for reconsideration and/or
perfecting the appeal. The motion was granted and they filed their motion for reconsideration

on October 7. On November 9, CFI denied the motion for reconsideration and a copy of the
order of denial was furnished to petitioners' counsel on November 16. On November 20

petitioners sent by registered mail their notice of appeal and appeal bond, serving a copy
thereof upon respondents' counsel also by registered mail that on the same day and also filed a

motion for extension of 20 days within which to file their record on appeal, which motion for
extension was granted. Under this extension the record on appeal was due for filing on

December 25. Petitioners filed their record on appeal. Respondents filed a motion to dismiss the
appeal and to disapprove the record on appeal on the ground that the notice of appeal were

filed out of time. CFI granted the motion to dismiss. Respondents filed a motion for the
execution of the decision. Petitioners filed their motion for reconsideration which was denied.

Petitioners filed a petition for certiorari and mandamus with preliminary injunction before CA.
Petitioners stressed that they had until October 9 within which to perfect their appeal; that this

period was suspended on October 7 when they filed a motion for reconsideration; that they had
still three more days within which to perfect their appeal and the remaining three days started

to run anew on November 17 and expired on November 19; that since November 19, was a
Sunday, petitioners had until November 20, 1972 within which to perfect their appeal. and that,

having filed their notice of appeal, appeal bond and motion for extension of time to file record
on appeal on November 20, 1972, their appeal was timely. CA denied the petition on grounds

that the extension of time for the filing of the motion for reconsideration of the decision of
August 7, 1972 does not carry with it the extension for the filing of the notice of appeal bond

and record on appeal. So, on November 16, when they received a copy of the order of
November 9, 1972 denying the motion for reconsideration, they had only two days within which

to perfect their appeal.

Issue: whether or not the appeal interposed by petitioners from the decision of the CFI dated
August 7, 1972, was perfected on time.

Ruling: Yes. 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. Court of Appeals followed the doctrine laid down
in Federal Films which included the date the movant was notified of the order of denial. In the

case of Lloren, it was ruled: The Idea that prevailed is that since petitioner filed his motion for
reconsideration on the 15th day of the period within which he may perfect his appeal that day

should be excluded so that when he received copy of the order denying his motion for
reconsideration he had still 1 day within which to perfect his appeal. This period of one day

should be computed again in accordance with the rule by excluding the day of receipt and
including the next day. WE agree with petitioners. They had up to October 9, within which to

perfect their appeal. Their motion for reconsideration was filed on October 7, and, if this date of
filing must be added to the remainder of the period of appeal, petitioners clearly had three (3)

more days left of their period of appeal October 7, 8 and 9. Therefore, if petitioners received the
order denying their motion for reconsideration on November 16, , which day should also be

excluded from the period of appeal in him in accordance with the Lloren doctrine, their period
of appeal extended up to November 19. But November 19, 1972, is a Sunday. Hence, petitioners'

period to perfect their appeal was extended ipso jure to the first working day immediately
following thereafter, November 20,. Having filed their notice of appeal and appeal bond on

November 20, , and their record on appeal within the period extended by respondent lower
court judge, it follows that petitioners perfected their appeal within the legal period.