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.
Decisions / Signed Resolutions September 8, 1953 JUGO, J.:
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.
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.