Ma. Linda T. Almendras Vs. Court of Appeals, et al.


1.    On January 29, 1988, LINDA brought an action in the Regional Trial Court of Cebu, Branch 16 for the establishment of a right of way (CEB-6607) through private respondents' land.

On January 29, 1993, the Court of Appeals reversed the ruling of the trial court. It appeared that a copy of the decision of the appellate court was served on petitioner's counsel on February 10, 1993

When was the last day of filing a motion for reconsideration?

February 26, 1993

The motion for reconsideration must be filed within the 15-day period prescribed by the Rules for filing such motion or appealing the decision of the Court of Appeals to the Supreme Court.

Since the copy of decision was served on February 10, 1993, LINDA had until February 25 to file a motion for reconsideration. However, February 25, 1993 had been declared a special holiday in commemoration of the EDSA people power revolution. Hence, petitioner, in accordance with the Administrative Code of 1987, had until the next day, February 26, 1993, to file her motion, which she did. Her motion was thus timely filed.

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