VINA vs.

CA

THIRD DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated FEB 17 2003.

G.R. No. 132936(Teodorico Vina, Jr. vs. Court of Appeals.)

Challenged in this petition for review on certiorari[1]cralaw are the Court of Appeals' (a) Resolution
dated November 24, 1997[2]cralaw in CA-G.R. CR No. 21003 denying petitioner Teodorico Vina, Jr.'s
motion for extension of time to file appellant's brief and dismissing his appeal; and (b) Resolution dated
February 10, 1998[3]cralaw denying his motion for reconsideration.

The records show that on April 24, 1997, petitioner was convicted by the Regional Trial Court, Branch 1,
Butuan City, in Criminal Case No. 6998 for violation of Section 16, Article III of Republic Act No. 6425, as
amended[4]cralaw and sentenced to imprisonment of six (6) months of arresto mayor, as minimum, to
four (4) years and two (2) months of prision correccional, as maximum.

Petitioner seasonably filed a notice of appeal from the judgment of conviction. The records of the case
were then forwarded to the Court of Appeals.

On September 5, 1997, petitioner, through his counsel Atty. Agustin C. Tarroza, received a notice from
the Court of Appeals requiring him to file the appellant's brief within 30 days from notice, or until
October 5, 1997.[5]cralaw

On October 20, 1997, petitioner filed a motion for extension of time to file the appellant's
brief.[6]cralawIn a Resolution dated November 24, 1997,[7]cralaw the Court of Appeals denied the
motion for having been filed fifteen (15) days late and dismissed the appeal.
On January 12, 1998, petitioner filed a motion for reconsideration[8]cralaw contending that his motion
for extension was timely filed since he has 45 days, not 30 days, from notice to file the appellant's brief.
The Court of Appeals, in its Resolution of February 10, 1998, denied the motion.

Hence, the instant petition.

Petitioner contends that his motion for extension of time to file appellant's brief was seasonably filed
within the 45-day reglementary period provided under Section 7, Rule 44 of the 1997 Rules of Civil
Procedure, as amended, quoted as follows:

"Sec. 7. Appellant's brief. - It shall be the duty of the appellant to file with the court, within forty-five
(45) days from receipt of the notice of the clerk that all the evidence, oral and documentary, are
attached to the record, seven (7) copies of his legibly typewritten, mimeographed or printed brief, with
proof of service of two (2) copies thereof upon the appellee.(10a, R46)"

The provision impliedly repealed the 30-day requirement under Section 3, Rule 124 of the Revised Rules
of Criminal Procedure reproduced hereunder:

"Sec. 3. When brief for appellant to be filed.-Within thirty (30) days from receipt by the appellant or his
counsel of the notice from the clerk of court of the Court of Appeals that the evidence, oral and
documentary, is already attached to the record, the appellant shall file seven (7) copies of his brief with
the clerk of court which shall be accompanied by proof of service of two (2) copies thereof upon the
appellee. (3a)"

According to petitioner, Section 3 just quoted (providing for a 30-day period) was impliedly repealed by
Section 7, Rule 44 of the 1997 Rules of Civil Procedure, as amended (providing for a 45-day period), in
light of the following provisions of the same Rules:

"Sec. 3. Cases governed. - These Rules shall govern the procedure to be observed in actions, civil or
criminal, and special proceedings.

'xxx
'(b) A criminal action is one by which the State prosecutes a person for an act or omission punishable by
law.'" (emphasis supplied)

The Solicitor General, in his comment,[9]cralaw asserted that the applicable rule in the case at bar is
Section 3 of Rule 124 of the Revised Rules of Criminal Procedure, which requires a 30-day period within
which to file an appellant's brief.

Petitioner's contention is untenable.

Section 7, Rule 44 of the 1997 Rules of Civil Procedure, as amended, did not impliedly repeal Section 3,
Rule 124 of the Revised Rules of Criminal Procedure. There is no such implied repeal here whatsoever
since these two rules deal with distinct subject matters. Section 7, Rule 44 provides for the period within
which an appellant's brief must be filed in civil cases, which is 45-days, while Section 3, Rule 124
provides when brief for the appellant should be filed in criminal cases, which is 30 days.

Petitioner, being a lawyer, should have readily understood that the 1997 Rules of Civil Procedure, as
amended, apply only to civil cases, not to criminal cases which are governed by the Revised Rules of
Criminal Procedure.

Moreover, petitioner submits that he honestly believes he followed the correct procedure.

Petitioner's avowal of "honest belief" is misplaced. He was fully aware that the Court of appeals directed
him to file the appellant's brief within 30 days from notice. But he did not comply. He even faulted the
Chief of the Judicial Records Division of the Court of Appeals for sending him a notice which was
"presumably an old form."[10]cralaw

WHEREFORE, the instant petition for review on certiorari is DENIED and the assailed Resolutions dated
November 24, 1997 and February 10, 1998 of the Court of Appeals in CA-G.R. CR No. 21003 are
AFFIRMED.

SO ORDERED.

Very truly yours,