S.A 2020/21 B.E REMEDIAL LAW | Question #02

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SUGGESTED ANSWERS TO THE 2020/21 BAR EXAMINATIONS IN REMEDIAL LAW 



Code: S.A 2020/21 B.E REMEDIAL LAW | Question #02 




The last day of a losing party to file a notice of appeal from the Regional Trial Court to the Court of Appeals fell on June 12, a legal holiday. The day after, or June 13, the counsel for the losing party moved that the period within which to file a notice of appeal be extended for 10 days, citing the counsel’s “humongous” case loads, among others.

On June 23 that same year, without the motion for extension being acted upon, the counsel for the losing party filed a notice of appeal.

Should this appeal be dismissed? Explain briefly. 


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Yes, the appeal should be dismissed because the period to file a notice of appeal is not extendable.

Also, when counsel for the losing party filed a motion to extend the period to file notice of appeal on June 13, the period had already expired so there was nothing more to extend. Thus, when he filed the notice of appeal on June 23, it was definitely filed out of time.

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