Marcelo Vital v. Pastor Magtoto, et al.

Republic of the Philippines
SUPREME COURT
Manila

EN BANC

G.R. No. L-12948           December 23, 1959

MARCELO VITAL,petitioner,
vs.
PASTOR MAGTOTO, ET AL.,respondents.

Fausto D. Laquion for petitioner.
Artemio C. Macalino for respondent P. Magtoto.
Nora G. Nostratis and Josefa S. Sioson for respondent Judge.

BENGZON,J.:

This is a petition forcertiorarito review and reverse the decision of respondent Court of Agrarian Relations of August 20, 1957, requiring Martial Vital to reinstate Pastor Magtoto as tenant of a certain piece of land owned by the former Mexico, Pampanga.

We find such petition to be out of the time, because: (a) petitioner received copy of the August 26, 1957; (b) he moved for reconsideration on September 9, 1957, which motion was denied on September 20, 1957; (c) he receive notice of denial on October 1, 1957; but he filed this petition only on October 7, 1957; i.e. five days late. The law requires this petitions to be filed within fifteen (15) days from the notice of the decision.¹Supposing the motion reconsideration suspended the period, this is the computation: From August 26 to October 7, forty-two days elapse; and from September 9 to October 1, twenty-two days. Deducting the latter period (22) time when the motion for reconsideration was pending) from the total number of days (42), the result is twenty days.²Therefore, this petition for review was presented twenty days after August 26. Very late; and this Court has no jurisdiction to revise the proceeding.lawphi1.net

Petition, C.J., Padilla, Montemayor, Bautista Angelo, Labrador, Concepcion, Endencia, Barrera and Gutierrez David, JJ., concur.

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