G.R. No. 141524, September 14, 2005.
Main Topic – Rule 40.
FACTS
The petitioners filed a filed an action for annulment of judgment and titles of land before the RTC – O. Mindoro. The petitioners filed various motions including (a) dismissal of motion and (d) declaration of default of respondents. On February 12, 1998 the trial court upon motion for reconsideration by the respondents granted the dismissal of petitioners’ complaint on the ground that the action had already prescribed. Petitioners allegedly received a copy of the order of dismissal on March 3, 1998 and, on the 15th day thereafter or on March 18, 1998, filed a motion for reconsideration. On July 1, 1998, the trial court issued another order dismissing the motion for reconsideration which petitioners received on July 22, 1998. Five days later, on July 27, 1998, petitioners filed a notice of appeal and paid the appeal fees on August 3, 1998. On August 4, 1998, the court a quo denied the notice of appeal, holding that it was filed eight days late.