FIRST DIVISION
[G.R. No. 218280. August 10, 2015.]
LEONORA CODOY AND NARCISO ROJO, petitioners, vs. ARSENIO PANULDE, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedAugust 10, 2015 which reads as follows:
"G.R. No. 218280 (Leonora Codoy and Narciso Rojo v. Arsenio Panulde). — The petitioners' motion for an extension of thirty (30) days within which to file a petition for review on certiorari is GRANTED, counted from the expiration of the reglementary period.
After a judicious review of the records, the Court resolves to DENY the instant petition and AFFIRM the September 29, 2014 Decision 1 and March 24, 2015 Resolution 2 of the Court of Appeals (CA) in CA-G.R. SP No. 08236 for failure of petitioners Leonora Codoy and Narciso Rojo to show that the CA erred in ordering the Regional Trial Court of Toledo City, Cebu, Branch 29 (RTC) to give due course to respondent Arsenio Panulde's (respondent) Notice of Appeal.
As correctly ruled by the CA, since respondent's motion for new trial before the RTC was not pro-forma as it was substantially complete as to its form and substance, it had the effect of tolling the reglementary period to appeal. 3 As such, respondent was given a "fresh period" of 15 days from receipt of the Order denying his motion within which to file a notice of appeal assailing the RTC's Decision 4 dated February 18, 2013 on the merits of the instant case 5 — which respondent had complied with.
SO ORDERED."
Very truly yours,
(SGD.) EDGAR O. ARICHETADivision Clerk of Court
Footnotes
1. Rollo, pp. 38-57. Penned by Associate Justice Ma. Luisa C. Quijano-Padilla with Associate Justices Ramon Paul L. Hernando and Marie Christine Azcarraga-Jacob concurring.
2. Id. at 60-62. Penned by Associate Justice Ma. Luisa C. Quijano-Padilla with Associate Justices Jhosep Y. Lopez and Marie Christine Azcarraga-Jacob concurring.
3. See Spouses Alagar v. Philippine National Bank, 661 Phil. 194, 205-206 (2011).
4. Rollo, pp. 66-71. Penned by Presiding Judge Ruben F. Altubar.
5. See Rodriguez v. People, G.R. No. 192799, October 24, 2012, 684 SCRA 580, 582-583, citing Neypes v. CA, 506 Phil. 613, 626-627 (2005).