THE PEOPLE OF THE PHILIPPINES, PLAINTIFF AND APPELLEE, VS. OLIMPIO CABRERA, EVARISTO LEONCION (ALIAS EVAEISTO CANIETE), AND MANUELA, TUBAN, DEFENDANTS AND APPELLANTS.

On March 28, 1935, the justice of the peace
court of Dauin, Oriental Negros, found the defendants and appellants
herein guilty of swindling under article 318 of the Revised Penal Code
and sentenced each one of them to suffer one month and one day
imprisonment, to pay a fine of thirty-two pesos, and in case of
insolvency to undergo subsidiary imprisonment which shall not exceed
ten days, and to pay the costs proportionately. On the same day, the
accused verbally announced their intention to appeal to the Court of
First Instance of the province, and then and there filed an appeal bond
which was approved by the justice of the peace. The record of the case
was elevated to the Court of First Instance of the province on March
30, 1935. On May 17, 1935, the provincial fiscal filed a motion in that
court asking that the record of the case be returned to the justice of
the peace court of Dauin for execution on the ground that no written
notice of appeal was filed and perfected within the statutory period of
fifteen days as prescribed in section 43, as amended, of the Code of
Criminal Procedure. The Court of First Instance granted the motion and,
on December 17, 1935, directed the execution of the judgment of
conviction. The defendants, upon being notified of this order on
December 23, 1935, moved for reconsideration, which motion was
overruled on January 23, 1936. On February 11, 1936, they filed an
exception and notice of appeal from said order.

The instant case, upon the facts stated, is controlled by Ricana and Glory vs. Provincial Warden of Tayabas (54 Phil., 821), in which it was held, citing the case of United States vs.
Tenorio (37 Phil., 7), that the word “filing”, as used in the law,
means, “a written notice of intention of taking an appeal.” The filing
and approval of the appeal bond by the justice of the peace is not a
sufficient notice of appeal under section 43, as amended, of the Code
of Criminal Procedure (Elegado vs. Tavora, 59 Phil, 140).

However, this court, on March 24 of this year, pursuant to its
power conferred by section 13 of Article VIII of the Constitution to
promulgate rules concerning pleading, practice, and procedure, has
amended section 43 of the Code of Criminal Procedure by providing that
“the convicted party may appeal from any final judgment of a justice of
the peace in a criminal cause to the Court of First Instance by notifying such justice thereof, verbally or in writing, within fifteen days after the entry of judgment,”
and as this amendment should be extended to the defendants and
appellants in this case, the order of December 17, 1935 of the lower
court is hereby revoked and the record of this case remanded thereto
with instruction that said court take cognizance of the appeal
interposed by the said defendants and appellants from the decision of
the justice of the peace court of Dauin, Oriental Negros, and otherwise
proceed in accordance with law. So ordered.

Avancena, C. J., Villa-Real, Abad Santos, Imperial, Diaz, and Concepcion, JJ., concur.