DE ROY vs.

COURT OF APPEALS
G.R. No. 80718, 29 January 1988
Nature: Special civil action for certiorari
Ponente: Cortes
Facts:
The firewall of a burnedout building owned by petitioners Feliza
De Roy et al. collapsed and destroyed the tailoring shop occupied by
the family of private respondents Luis Bernal et al., resulting in injuries
to private respondents and the death of Marissa Bernal, a daughter.
Private respondents had been warned by petitioners to vacate their
shop in view of its proximity to the weakened wall but the former failed
to do so.
Private respondents filed a case before the RTC, First Judicial
Region, Branch XXXVIII. The RTC ruled in favor of respondents, finding
petitioners guilty of gross negligence. The petitioners appealed to the
CA, which affirmed the ruling of the RTC. Petitioners then filed their a
motion for extension of time to file a motion for reconsideration on
September 9, 1987, which was the last day of the 15 day period to
filed an appeal but was denied by the CA on September 30, 1987.
They filed their motion for reconsideration on September 24 but was
denied in a resolution dated October 27, 1987. In denying the motion,
the CA correctly applied the rule in the case of Habaluyas Enterprises v
Japzon where it was stated that the fifteenday period for appealing or
for filing a motion for reconsideration cannot be extended. Petitioners
contend that the rule enunciated in the Habaluyas case should not be
made to apply to the case at bar owing to the nonpublication of the
Habaluyas decision in the Official Gazette at of the time the subject
decision of the Court of Appeals was promulgated.
Issue:
Whether or not the rule in the Habaluyas case should be applied.
Held:
Yes.
Ratio:
The non-publication of the Habaluyas case in the Official Gazette
is not required for it to take effect. The Supreme Court ruled that It is
the bounden duty of counsel as lawyer in active law practice to keep
abreast of decisions of the Supreme Court particularly where issues
have been clarified, consistently reiterated, and published in the
advance reports of Supreme Court decisions (G.R.s) and in such
publications as the Supreme Court Reports Annotated (SCRA) and law
journals.

Disposition:
Denied.