USTIANO FLORES v. HON. MOISES F.

DALISAY
G.R. No. L-45347. July 13, 1978
Facts:
Petitioner filed with the lower court a notice of appeal seven days after the
promulgation of the decision convicting him of attempted rape. The fiscal
moved to dismiss the appeal on the grounds that it was taken out of time
and that petitioner had already started service of his sentence. Respondent
Judge granted the motion and dismissed the appeal. Hence, the petition for
mandamus.
Issue:
Whether or not the fiscal filed a motion to dismiss the appeal on the
grounds that it was taken out of time, because one week had already
elapsed from the promulgation of the judgment, and that the accused had
already started the service of his sentence.
Held:
The Supreme Court ruled that, being a detention prisoner without
means to post bail, petitioners return to jail soon after the promulgation of
the judgment did not mean that he started the service of sentence.
Consequently, petitioners appeal was seasonably taken despite his failure to
file immediately any notice of appeal because under the Rules of Court he
had fifteen days from the promulgation of the judgment within which to
appeal. WHEREFORE, the trial court is directed to give due course
immediately to the petitioners appeal. In the interest of justice, the Court of
Appeals should give priority to the disposition of his appeal since the
adjudication of this mandamus petition was already delayed. No costs.