MASATO OUYE, PLAINTIFF AND APPELLEE, VS. AMERICAN PRESIDENT LINES, LTD., DEFENDANT AND APPELLANT.

MORAN, C.J.:

This is an action for damages. When the case was called for trial on July 16,
1940, plaintiff failed to appear, and upon defendant’s motion, the action was
dismissed by the Court of First Instance of Manila. Plaintiff was notified of
such order of dismissal on July 19, 1940. Such dismissal, under Rule 30, section
3, had the effect of an adjudication upon the merits, since the court failed to
provide otherwise. Plaintiff on July 24, 1940, filed a motion for
reconsideration which was denied on August 6, 1940. On August 31, 1940, another
motion for reconsideration was filed, asking that the dismissal be without
prejudice, and the motion was granted. Defendant appealed on the sole ground
that the second motion for reconsideration was filed out of time and, therefore,
the last order of the court was issued without jurisdiction.

The 30-day period within which the lower court may amend its order commenced
to run on July 19, 1940, when plaintiff was notified of the order of dismissal
dated July 16, 1940. Such 30-day period was interrupted on July 24, 1940, when
the first motion for reconsideration’ was filed and started to run again on
August 6, 1940, when plaintiff’s motion for reconsideration was denied, assuming
that he was notified of such denial on the same date. Thirteen days, therefore,
should be deducted in the computation of the 30-day period. The second motion
for reconsideration was filed on August 31, 1940. From July 19, 1040, to August
31, 1940, deducting thirteen days, there are exactly thirty days. The second
motion ior reconsideration was, therefore, timely filed, and the court had
jurisdiction to amend its order by providing that the dismissal be without
prejudice.

The order appealed from is hereby affirmed, with costs against appellant.

Paras, Feria, Pablo, Perfecto, Hilado, Bengzon, Briones, Padilla,
and Tuason, JJ., concur.