Remedial Law

Habaluyas Enterprises, Inc. vs Judge Maximo Japzon

image_printPrint this!

G.R. No. 70895 Р138 SCRA 46 РRemedial Law РCivil Procedure РNo Extension To File Motion For Reconsideration 

Shugo Noda and Co, Ltd. filed a civil case against Habaluyas Enterprises before the sala of Judge Maximo Japzon. The trial court eventually ruled adversely against Shugo Noda and a copy of said decision was received by Shugo Noda on October 1, 1984. On October 16, 1984, the last day for filing a motion for reconsideration, Shugo Noda filed a motion for extension to file MFR. Judge Japzon granted said motion.

ISSUE: Whether or not Judge Japzon is correct in granting the motion for extension.

HELD: No. The fifteen-day period for appealing or for filing a motion for reconsideration cannot be extended. This is to avoid procedural delays. This is an aim of Batas Pambansa Blg. 129 – to assist the parties in obtaining a just, speedy and inexpensive administration of justice. This is also why the original 30 day period to file a motion for reconsideration was reduced to 15 days.

NOTE: Supreme Court clarified that the rule shall be strictly enforced that no motion for extension of time to file a motion for reconsideration may be filed with the Metropolitan or Municipal Trial Courts, the Regional Trial Courts, and the Intermediate Appellate Court. Such a motion may be filed only in cases pending with the Supreme Court as the court of last resort, which may in its sound discretion either grant or deny the extension requested.

Read full text here.

image_printPrint this!

Leave a Reply