4/16/2021 E-Library - Information At Your Fingertips: Printer Friendly corpus cases forty-eight hours from notice of the Decision appealed from? (as petitioner contends); or is it 15 days similar to other cases, from notice of the Decision? (as contended by the respondents); (2) Was the appeal taken by the respondents from the Order of the Regional Trial Court of Manila, Branch 26, denying respondents' Motion for Reconsideration, proper? (as postulated by the respondents) or improper and not allowable being violative of Sec. 1 (a), Rule 41, of the 1997 Rules of Civil Procedure? (as comprehended by the petitioner) A. SECONDARY ISSUES: (1) Should the Court of Appeals give weight to findings of fact arrived at by the Regional Trial Court of Manila, Branch 26, based on the evidence presented or adduced during the trial of the case, in keeping with established precedents? (2) May the Honorable Court of Appeals consider extraneous facts brought out by the respondents in their memorandum but are not supported by the evidence presented, identified and admitted by the trial court during the hearing of the case? (3) Did the Court of Appeals acquire jurisdiction over the case when the appeal was filed out of time and the Order appealed from is not appealable?" In the main, this Court will resolve the propriety of issuing a writ of habeas corpus. As a preliminary matter, the Court will also consider the propriety of the appeal before the CA. The Court's Ruling The Petition is not meritorious. Preliminary Matter: Propriety of the Appeal Petitioner contends that the appeal from the trial court to the CA was improper for two reasons: (1) it was filed beyond the reglementary 48-hour period provided under the pre-1997 Rules of Court; and (2) it assailed not a judgment but a resolution denying a motion for reconsideration, contrary to Section 1[11] of Rule 41.[12] This Court already rejected the same arguments in its earlier Decision in GR No. 137571,[13] which debunked petitioner's challenge to the propriety of the appeal. Pertinent portions of that Decision are reproduced below: "Clearly then, the reglementary period for filing an appeal in a habeas corpus case is now similar to that in ordinary civil actions and is governed by https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/51129 3/10