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FIRST
DIVISION
THE UNITED
STATES,
Plaintiff-Appellee,
G.
R.
No. 1896
December
23, 1904
-versus-
PEDRO TRINCIO,
Defendant-Appellant.
D E C I S I
O N
JOHNSON, J:
This case came
before the
Court on a motion by the Solicitor-General to dismiss the appeal for
the
reason that it had not been perfected within the time prescribed by
Section
47 of General Orders No. 58.
Section
47 of General
Orders No. 58, provides: "An appeal must be taken within fifteen
days
from the rendition of the judgment or order appealed from."
The
judgment appealed
from was rendered by the Court of First Instance of the City of Manila
on the 17th day of August 1903.
On the
19th day of
August 1903, the defendant and appellant presented a Motion for a New
Trial.
On the
2nd day of
October
1903, the judge who rendered the sentence in said cause denied the
Motion
for a New Trial, for the reason that the motion had not complied with
the
requirements of Section 42 of General Orders No. 58.
On the
5th day of
October
1903, the defendant and appellant filed with the said Court of First
Instance
his notice of appeal. The judgment was rendered on the 17th day of
August,
1903. The appeal was taken on the 5th day of October, 1903. More than
fifteen
days had elapsed from the rendition of the judgment appealed from and
the
time the appeal was taken.
This
Court has decided
in two different cases [United States vs. Flemister, 1 Phil. Rep., 317;
United States vs. Perez, 1 Phil. Rep., 322] that the pendency of a
motion
for a new trial does not extend the time for taking an appeal beyond
the
fifteen days after the judgment provided for in the above-quoted
Section
47.
By the
said Decisions
in the causes of the United States vs. Flemister and the United States
vs. Perez, the following rules are established:
(1) That appeals in
criminal cases will not be allowed after the lapse of fifteen days from
the rendition of the judgment or order appealed from.
(2) That
the pendency
of a motion for a new trial does not extend the time to perfect an
appeal.
(3) That
the motion
for a new trial fails, ipso facto, if the judge neglects or fails to
decide
the same within the said fifteen days.
The
motion to dismiss
said appeal is hereby granted.
Arellano, C.J.,
Torres, Mapa and Carson, JJ., concur.
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