46 SUPREME COURT REPORTS ANNOTATED

Habaluyas Enterprises, Inc. vs. Japzon

No. L-70895. August 5, 1985.*

HABALUYAS ENTERPRISES, INC. and PEDRO J.

HABALUYAS, petitioners, vs. JUDGE MAXIMO M. JAPZON,
Manila Regional Trial Court, Branch 36; SHUGO NODA & CO.,
LTD. and SHUYA NODA, respondents.

Remedial Law; Civil Procedure; Pleadings; Appeals; Fifteen-day

period for appeal or for filing a motion for reconsideration from a final

_________________

* SECOND DIVISION.

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VOL. 138, AUGUST 5, 1985 47

Habaluyas Enterprises, Inc. vs. Japzon

order or ruling of the Regional Trial Court cannot be extended.—We hold

that the trial court erred in granting the motion for new trial. The fifteen-day
period for appealing or for filing a motion for reconsideration cannot be
extended. Even under the existing Rules of Court the thirty-day period
cannot be extended (Roque vs. Gunigun-do, Adm. Case No. 1664, March
30, 1978, 89 SCRA 178, 182; Gibbs vs. Court of First Instance of Manila,
80 Phil. 160, 164).
Same; Same; Same; Same; Same; B.P. Blg. 129, enactment of, designed
to avoid the procedural delays under the Rules which were originally
intended to assist the parties in obtaining a just, speedy and inexpensive
administration of justice.—The Judiciary Revamp Law, Batas Pambansa
Blg. 129, is designed to avoid the procedural delays which plagued the
administration of justice under the Rules of Court which were originally
intended to assist the parties in obtaining a just, speedy and inexpensive
administration of justice. That is why (with some exceptions) the record on
appeal was dispensed with and the thirty-day period was reduced to fifteen
days.

PETITION to review the order of the Regional Trial Court of

Manila, Br. 36. Japzon, J.

The facts are stated in the opinion of the Court.

AQUINO, J.:

The issue in this case is whether 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.
In Civil Case No. 82-3305 of the Manila Regional Trial Court,
Shugo Noda & Co., Ltd., et al. vs. Habaluyas Enterprises, Inc., et al.,
the plaintiffs received on October 1, 1984 a copy of the order of
September 3, 1984, denying their motion for execution of a
judgment based on a compromise.
On October 16, the fifteenth day, the plaintiffs filed a motion for
an extension of twenty days within which to submit their motion for
reconsideration (p. 41, Rollo).
On October 23, the plaintiffs filed their motion for new trial and
their “notice of appeal (conditional)” (pp. 42 and 44, Rollo).
Petitioners or defendants Habaluyas Enterprises, Inc. and

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48 SUPREME COURT REPORTS ANNOTATED

Habaluyas Enterprises, Inc. vs. Japzon

Pedro J. Habaluyas opposed the motion for extension of the time for
filing a motion for reconsideration and they moved to dismiss the
conditional appeal.
Judge Maximo M. Japzon in his order of April 29, 1985 granted
the motion for new trial. That order is assailed in the instant petition.
We hold that the trial court erred in granting the motion for new
trial. The fifteen-day period for appealing or for filing a motion for
reconsideration cannot be extended. Even under the existing Rules
of Court the thirty-day period cannot be extended (Roque vs.
Gunigundo, Adm. Case No. 1664, March 30, 1978, 89 SCRA 178,
182; Gibbs vs. Court of First Instance of Manila, 80 Phil. 160, 164).
The Judiciary Revamp Law, Batas Pambansa Blg. 129, is
designed to avoid the procedural delays which plagued the
administration of justice under the Rules of Court which were
originally intended to assist the parties in obtaining a just, speedy
and inexpensive administration of justice. That is why (with some
exceptions) the record on appeal was dispensed with and the thirty-
day period was reduced to fifteen days.
 WHEREFORE, the petition is granted. The questioned order is
reversed and set aside. No costs.
SO ORDERED.

          Concepcion, Jr., Escolin, Cuevas and Alampay,** JJ.,

concur.
     Abad Santos, J., did not take part.

Petition granted. Order reversed and set aside.

——o0o——

________________

** He was designated to sit in the Second Division.

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