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PEOPLE vs.

REGALARIO
GR NO. 101451 MARCH 23,1993

Facts:

Regalario and 6 others were found guilty of murder of a Menardo Garcia.


(CrimPro relevant) Judgment of conviction was promulgated on Jan 17 and a
copy of which was received by the appellants counsel the next day, Jan 18.
Appellants filed MR on Jan 31 but the court denied on Feb 22. On March 14,
appellants filed notice of appeal but the trial court denied for having been
filed out of time.

(Syllabus topic relevant)Neither the State nor private prosecutor moved for
the dismissal of the appeal neither made by the appellants nor objected to
the order of the trial court to forward the records to the SC for appellate
review.

Issue:

On the matter of filing within the reglementary period: Whether the lower
court erred in denying notice of appeal on the ground of being filed out of
time Appellants claim: computation of 15 days within which to file notice of
appeal should have been counted from Feb 23 (day after the MR was denied)
and not from Jan 31 (day the verdict pre-MR was given) In short, the
appellants claim that the 15 day reglementary period should have restarted
on the day of the denial of the MR On the matter concerning the syllabus
topic, Estoppel by laches to bar attacks on jurisdiction (Counsel for the state
questions authority of the Supreme Court to review the case) Ruling of the
lower court: (Issue on procedure is being questioned for the first time in the
Supreme Court)

Ruling of the Supreme Court:

(TRIAL COURT DENIAL OF NOTICE OF APPEAL AFFIRMED): The notice of


appeal was filed beyond the reglementary period set by law y Section 6 of
Rule 122 states that: appeal must be taken 15 days from promulgation or
notice of judgment or order appealed from. This period for perfecting an
appeal shall be interrupted from the time a motion for new trial or
reconsideration is filed until notice of order overruling the motion shall have
been served upon the accused or his attorney...´ y The rule states period shall
only be interrupted´ thus appellants only had 1 day with which to file notice
of appeal with the trial court. Estoppel by laches to bar attacks of jurisdiction
of the court had already attached. Neither the public or private prosecutor
moved for the dismissal of the appeal or objected to the order of the trial
court to forward records to the Supreme Court for appellate review. It was
only after appellants had already filed their briefs with the SC that counsels
for the state raised the issue of belated appeal and lack of appellate
jurisdiction of the SC in the case. Adherence of jurisdiction

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