The Supreme Court ruled that failing to file an appeal within the extended deadlines set by procedural rules leads to the dismissal of the case, regardless of the reasons for the delay. This means that if you miss the extended deadline to file your appeal, the decision of the lower court or agency becomes final, and you lose your right to have your case reviewed. The Court emphasized that strict compliance with procedural rules is essential to maintaining an orderly and efficient legal system.

Levi’s Trademark Tab: Can a Garment Detail Be Exclusively Protected?

Levi Strauss & Co. (Levi’s) sought to register its TAB DEVICE trademark with the Intellectual Property Office (IPO) to protect the small tab on its garments. The IPO rejected the application, arguing the tab wasn’t distinctive enough to serve as a trademark and that tabs are commonly used in the garment industry. Levi’s appealed, but the Court of Appeals (CA) dismissed the appeal due to a late filing. This case hinges on whether the delays in filing the appeal were excusable and whether the CA erred in strictly applying procedural rules.

The core issue before the Supreme Court was whether the CA gravely erred in dismissing Levi’s CA petition for review because it was filed beyond the extended reglementary period. Rule 43 of the Rules of Court governs appeals from quasi-judicial agencies like the IPO to the CA. Section 4 states that appeals must be filed within fifteen (15) days from notice of the judgment or order. It also provides for extensions, noting that the CA may grant an additional 15 days, but further extensions can only be given for “the most compelling reason” and cannot exceed 15 days.

The Court emphasized that extensions are not a matter of right but are granted at the court’s discretion. Lawyers should not assume their motions for extension will be granted. In this case, the CA found that Levi’s failed to present a compelling reason for the second motion for extension. Levi’s argued that delays in securing authentication of the Special Power of Attorney (SPA) due to the closure of the Philippine Consulate during Holy Week and Araw ng Kagitingan justified the extension. However, the Court disagreed, pointing out that Levi’s own late decision to proceed with the appeal caused the delay.

Levi’s argued that it decided to proceed with the CA petition only after the initial 15-day period, leading to delays in SPA execution and authentication. The Supreme Court did not accept this as a valid excuse. Because Levi’s only decided to file the CA Petition for Review after the initial 15-day period expired, the delay in securing and authenticating the SPA was its own fault. The Supreme Court found that the delay was not a compelling reason to grant a second extension.

The Court also addressed Levi’s argument that the CA’s delay in acting on the motions for extension should excuse their late filing. Citing Go v. BPI Finance Corporation, the Court stated that a party cannot assume favorable action on a motion if the court has not acted on it. “In fact, faced with the failure to act, the conclusion is that no favorable action had taken place and the motion had been denied.” Therefore, Levi’s could not assume that its second motion for extension would be granted simply because the CA did not act promptly.

The Supreme Court reiterated that the right to appeal is statutory, not a natural or constitutional right. As such, parties intending to appeal must strictly comply with the procedures and rules governing appeals. Failure to perfect an appeal within the prescribed manner and period renders the judgment final and executory. While the Court acknowledged that it has relaxed procedural rules in certain instances to serve substantial justice, it found that the present case did not warrant such relaxation.

The Court stressed the importance of adhering to procedural rules, quoting Cosmo Entertainment Management, Inc. v. La Ville Commercial Corporation: “While petitioner pleads that a liberal, not literal, interpretation of the rules should be our policy guidance, nevertheless procedural rules are not to be disdained as mere technicalities. They may not be ignored to suit the convenience of a party. Adjective law ensures the effective enforcement of substantive rights through the orderly and speedy administration of justice.”

FAQs

What was the key issue in this case?	The key issue was whether the Court of Appeals erred in dismissing Levi’s appeal due to the late filing of their petition for review. This centered on whether the reasons for the delay constituted a “compelling reason” for granting a second extension.
What is the reglementary period for filing an appeal under Rule 43 of the Rules of Court?	The appeal must be taken within fifteen (15) days from notice of the judgment, final order, or resolution. The Court of Appeals may grant an additional period of fifteen (15) days, and a further extension may be granted only for the most compelling reason, not exceeding fifteen (15) days.
Why did the Court of Appeals dismiss Levi’s petition?	The Court of Appeals dismissed the petition because Levi’s failed to provide a compelling reason for the second motion for extension. They found that the delay in securing the SPA was due to Levi’s own late decision to proceed with the appeal.
What was Levi’s argument for the delay in filing the petition?	Levi’s argued that the delay was due to the closure of the Philippine Consulate Office during Holy Week and Araw ng Kagitingan, which prevented them from authenticating the Special Power of Attorney (SPA) in time. They also cited pressure from other professional work.
Did the Supreme Court agree with Levi’s argument?	No, the Supreme Court did not agree. It held that Levi’s own late decision to proceed with the appeal was the primary cause of the delay, and the closure of the consulate was not a sufficient excuse.
What is the significance of the Go v. BPI Finance Corporation case in this ruling?	The Supreme Court cited Go v. BPI Finance Corporation to emphasize that a party cannot assume that a motion for extension will be granted if the court has not acted on it. Levi’s could not assume its second motion was granted simply because the CA had not ruled on it.
What is the general rule regarding second motions for extension?	The general rule is that a second motion for extension is not granted, except when the CA finds a compelling reason to grant the extension. Such reasons must be extraordinary and beyond the party’s control.
What is the key takeaway from this case regarding appeals?	The key takeaway is the importance of strict compliance with procedural rules, particularly the deadlines for filing appeals. Parties must act diligently and ensure timely compliance to avoid losing their right to appeal.

This case underscores the critical importance of adhering to procedural rules and timelines in legal proceedings. Failing to comply with these rules, even with seemingly valid reasons, can result in the loss of the right to appeal and the finality of unfavorable decisions.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: LEVI STRAUSS & CO. VS. ATTY. RICARDO R. BLANCAFLOR, G.R. No. 206779, April 20, 2016