Turingan v. Cacdac
REITERATIONFacts
1. The Antecedents: The underlying dispute involves a case decided by the Regional Trial Court of Cagayan, presided over by Judge Bonifacio Cacdac. The Regional Trial Court's decision reversed a prior ruling by the municipal circuit court of Solana-Enrile, Cagayan. The specific nature of the original dispute or crime is not detailed in the provided text. 2. Procedural History: The petitioner, Pedro Turingan, received the Regional Trial Court's decision on April 21, 1983. He claims to have filed a notice of appeal on May 17, 1983. Subsequently, on May 18, 1983, he filed a motion seeking a ten-day extension to file a petition for certiorari with the Supreme Court, believing he had until May 21, 1983, to do so. 3. The Petition: The petitioner sought to file a petition for certiorari with the Supreme Court, potentially under Rule 45 of the Rules of Court, as indicated by the reference to the Interim Rules and Guidelines. He requested an extension of time to file this petition. However, the Supreme Court found that his motion for extension was filed out of time, as the fifteen-day period to file the petition or seek an extension expired on May 6, 1983, fifteen days after his receipt of the decision on April 21, 1983.
Issue(s)
Whether the motion for extension of time to file a petition for certiorari was filed within the reglementary period.
Ruling
The motion for extension of time to file a petition for certiorari was filed out of time and is therefore denied.
Ratio Decidendi
On Whether the motion for extension of time to file a petition for certiorari was filed within the reglementary period: The Supreme Court held that the motion for extension was filed out of time. Under Section 1 of Rule 45 of the Rules of Court, a party has only fifteen (15) days from the date of receipt of the judgment, order, or resolution to file a petition for certiorari or to ask for an extension of time within which to file it. In this case, the petitioner received the decision on April 21, 1983. Therefore, the fifteen-day period to file the petition or seek an extension expired on May 6, 1983. The motion for extension was filed on May 18, 1983, which is beyond the prescribed period. The Court also noted that while the decision of the Regional Trial Court might be reviewable by the Intermediate Appellate Court or by certiorari to the Supreme Court pursuant to certain interim rules, the procedural timeliness of the filing was the sole issue before it. Consequently, the motion for extension was denied for being filed beyond the reglementary period.
Main Doctrine
The Supreme Court reiterated that a petition for certiorari under Rule 45 of the Rules of Court must be filed within fifteen (15) days from notice of the judgment, order, or resolution being assailed. Any motion for an extension of time to file such a petition must likewise be filed within the original fifteen-day period. Failure to comply with this strict timeline renders the motion for extension, and consequently the petition itself, out of time and subject to denial.