This case has been cited 3 times or more.
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2007-11-23 |
NACHURA, J. |
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| On the procedural issue raised by the petitioner, we find no reversible error in the grant by the CA of the second motion for extension of time to file the respondent's petition. The grant or denial of a motion for extension of time is addressed to the sound discretion of the court.[18] The CA obviously considered the difficulty in securing a certified true copy of the assailed decision because of the distance between the office of respondent's counsel and the trial court as a compelling reason for the request. In the absence of any showing that the CA granted the motion for extension capriciously, such exercise of discretion will not be disturbed by this Court. | |||||
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2007-04-03 |
CARPIO MORALES, J. |
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| Motions for extension are not granted as a matter of right but in the sound discretion of the court, and lawyers should never presume that their motions for extension or postponement would be granted or that they would be granted the length of time they pray for.[22] | |||||
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2005-12-13 |
CHICO-NAZARIO, J. |
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| SEC. 4. Period of appeal. - The appeal shall be taken within fifteen (15) days from notice of the award, judgment, final order or resolution, or from the date of its last publication, if publication is required by law for its effectivity, or of the denial of petitioner's motion for new trial or reconsideration duly filed in accordance with the governing law of the court or agency a quo . . . Upon proper motion and the payment of the full amount of the docket fee before the expiration of the reglementary period, the Court of Appeals may grant an additional period of fifteen (15) days only within which to file the petition for review. A plain reading of the above provision shows that the Court of Appeals, upon filing by the petitioner of a motion for extension and the payment of the appellate docket and other lawful fees within the reglementary period, may grant an additional period of fifteen (15) days within which to file the petition for review. The rule is that motions for extension are not granted as a matter of right but in the sound discretion of the court taking into account the facts attendant to the case.[7] | |||||