Professional Documents
Culture Documents
SOCORRO
V. VDA. DE MANGUBAT, et al.
G.R. No: G.R. NO. 149508 Date: October 10, 2007
Ponente: AUSTRIA-MARTINEZ, J.
Facts:
Petitioners denied liability claiming that the persons who allegedly executed
the Deed of Assignment are neither the owners nor possessors; hence, the
deed is null and void.
RTC 1st Order (July 19, 2000): denied the Motion for Reconsideration.
August 3, 2000 - petitioners received a copy of the 1st Order.
Petitioner’s contentions:
(1) RTC in its Orders gravely abused its discretion in denying both of its
Motion for Reconsideration and Notice of Appeal despite the fact that
they had meritorious grounds and were timely filed within the
reglementary period.
(2) CA gravely abused its discretion when it affirmed the RTC Orders.
Issues:
2) Applying the fresh period rule, whether or not the Notice of Appeal of
the petitioners was filed within the reglementary period for perfecting
an appeal. YES.
Held: