FACTS:

Petitioner Rafael Amatorio was charged with the crime of murder and was found guilty beyond reasonable doubt of the crime of Homicide only. He was sentenced to imprisonment for a period of Ten (10) years as minimum, to Seventeen (17) years and Four (4) months as maximum, and ordered to pay various amounts for funeral and burial expenses, wrongful death, moral damages, and the cost of the suit. Petitioner appealed the decision to the Court of Appeals and was represented by Atty. Joelito Barrera throughout the trial. However, while the case was pending before the Court of Appeals, Atty. Barrera passed away. A decision was subsequently rendered by the Court of Appeals affirming the decision of the Regional Trial Court. Petitioner claims that he was not informed of the decision and only learned about Atty. Barrera's death later on. Petitioner, now represented by new counsel, filed a motion for a 30-day extension to file a motion for reconsideration. The Court of Appeals denied the motion, stating that no motion for extension is allowed and that the decision is already final and executory. Petitioner filed a petition before the Supreme Court, initially claiming that it was a Petition for Certiorari but later asserting that it was actually a petition under Rule 45. The Supreme Court clarifies that the proper remedy for petitioner is an appeal under Rule 45 and proceeds to resolve the main issue raised by petitioner.

ISSUES:

1. Whether the Court of Appeals acted with grave abuse of discretion when it denied the motion for extension of time to file a motion for reconsideration.

2. Whether the Court of Appeals acted with grave abuse of discretion in finding that the decision it promulgated on April 18, 2001, is final and executory despite the death of counsel.

RULING:

1. The Court treats the petition as one filed under Rule 45 of the Rules of Court. On the first issue, the Court ruled that the proper remedy for the petitioner is an appeal under Rule 45. The alleged error of the Court of Appeals in denying the motion for extension of time to file a motion for reconsideration can be corrected through appeal. On the second issue, the Court ruled that the decision of the Court of Appeals became final and executory upon the receipt of the decision by the Barrera Law Office. The death of counsel does not extinguish the attorney-client relationship.

PRINCIPLES:

• The proper remedy for an aggrieved party is an appeal under Rule 45 of the Rules of Court. (Rule 45 of the Rules of Court)

• The decision of the Court of Appeals becomes final and executory upon its receipt by the party or counsel affected. (Rules of Court)

• The death of counsel does not extinguish the attorney-client relationship. (Not stated in the case, but implied)