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REGALARIO
GR NO. 101451 MARCH 23,1993
Facts:
(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)