FERNANDEZ V. CA (REMEDIAL)

Rule 41. Section 3 - Period of ordinary appeal - The appeal shall be taken within 15 days from notice of the judgment or final order appealed from. where a record on appeal is required, the appellant shall file a notice of appeal and a record on appeal within 30 days from notice of the judgment or final order.

The period of appeal shall be interrupted by a timely motion for new trial or reconsideration. No motion for extension of time to file a motion for new trial or reconsideration shall be allowed.

Fernandez's motion for new trial was filed out of time. The 15-day period for filing a motion for new trial cannot be extended. As early as Habaluyas v. Japzon, cited in Naguiat v. IAC, and reiterated in Tung Chin Hui v. Rodriguez, motions for extension of time to file a motion for new trial or reconsideration may no longer be filed before all courts, lower than the Supreme Court. The rule in Habaluyas applies even if the motion is filed before the expiration of the period sought to be extended because the 15-day period for filing a motion for new trial or reconsideration with said court is non-extendible.

Thus, motions for extension of time to file a motion for new trial or reconsideration may be filed only in connection with cases pending before the Supreme Court, which may, in its sound discretion, either grant or deny the extension requested. No such motion may be filed before any lower courts.

In sum, considering that a motion for new trial must be filed during the period for filing an appeal and that such period cannot be extended, Fernandez, by filing his motion for new trial beyond the period to appeal, had unwittingly sealed his fate and stripped himself of any further relief.