[ G.R. No. L-5135, September 08, 1953 ]
MACHINERY AND ENGINEERING SUPPLIES, INC., PETITIONER, VS. THE HON. JUAN R. LIWAG, JUDGE OF THE COURT OF THE FIRST INSTANCE OF LEGASPI CITY, RESPONDENT.
R E S O L U T I O N
JUGO, J.:
It appearing that the Court of First Instance of Albay issued an order on August 9, 1951, dismissing the case entitled Machinery & Engineering Supplies, Incorporated vs. The Municipal Judge Alfredo S. Rebueno, No. 584 if said court, copy of which
order was received by the plaintiff (herein petitioner) on August 14, 1951; that on August 16, 1951, the petitioner filed a motion for reconsideration of said order which was denied by the Court of First Instance of Albay on August 25, 1951, copy of which resolution of denial
was received by the petitioner on September 3, 1951; and that the order of dismissal being of a final and not interlocutory character, the petitioner should have appealed within the period of thirty days from receipt of notice but has not done so, even assuming that the
petitioner's motion for reconsideration suspended the period of appeal.
The petition for certiorari is hereby dismissed without costs. So ordered.
Paras, C. J., Pablo, Bengzon, Padilla, Tuason, Montemayor, Reyes, Bautista Angelo and Labrador, JJ., concur.