Armigos V CA
Armigos V CA
Armigos V CA
While the trial courts are vested with the discretion to allow appeals filed out of time, this
discretion is not unconditional. There must be justifiable reason to warrant such action, since
the perfection of an appeal in the manner and within the period laid down by law is not only
mandatory but jurisdictional, and in the absence of any justifying circumstance, the court has
no jurisdiction to approve or admit an appeal filed out of time. In the instant case, the
petitioner failed to prove, or even claim, that his failure to appeal on time was due to fraud,
accident, mistake or excusable negligence.
Disposition
The petition is DENIED. With costs against the petitioner.