HABALUYAS ENTERPRISES, INC. VS JUDGE MAXIMO M.

JAPSON, SHUGO NODA & CO., LTD., AND SHUYA NODA,

G.R. No. 70895 August 5, 1985
AQUINO, J.

FACTS:

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 the fifteen-day period within which a party may file a
motion for reconsideration of a final order or ruling of the Regional Trial
Court may be extended

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.
 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.

DISPOSITION:

WHEREFORE, the petition is granted. The questioned order is

reversed and set aside. No costs.
SO ORDERED.