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    On Fresh Period Rule

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    Angelica
    - Petitioners filed a motion for reconsideration of the RTC's dismissal of their complaint, which was denied by the RTC on July 1, 1998. Petitioners received notice of the denial on July 22, 1998. - Petitioners then filed their notice of appeal on July 27, 1998. The RTC dismissed the appeal as untimely, but the SC ruled the appeal was timely, as petitioners had 15 days from receiving notice of the denial of their motion for reconsideration to file their notice of appeal. - The SC established a "fresh period" rule allowing litigants 15 days from receiving notice of an order dismissing a motion for reconsideration or new trial to file an appeal.

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    On Fresh Period Rule

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    Angelica
    19 views1 page
    - Petitioners filed a motion for reconsideration of the RTC's dismissal of their complaint, which was denied by the RTC on July 1, 1998. Petitioners received notice of the denial on July 22, 1998. - Petitioners then filed their notice of appeal on July 27, 1998. The RTC dismissed the appeal as untimely, but the SC ruled the appeal was timely, as petitioners had 15 days from receiving notice of the denial of their motion for reconsideration to file their notice of appeal. - The SC established a "fresh period" rule allowing litigants 15 days from receiving notice of an order dismissing a motion for reconsideration or new trial to file an appeal.

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    Criminal Procedure

    Original Title

    Neypes v. CA

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    - Petitioners filed a motion for reconsideration of the RTC's dismissal of their complaint, which was denied by the RTC on July 1, 1998. Petitioners received notice of the denial on July 22, 1998. - Petitioners then filed their notice of appeal on July 27, 1998. The RTC dismissed the appeal as untimely, but the SC ruled the appeal was timely, as petitioners had 15 days from receiving notice of the denial of their motion for reconsideration to file their notice of appeal. - The SC established a "fresh period" rule allowing litigants 15 days from receiving notice of an order dismissing a motion for reconsideration or new trial to file an appeal.

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    © All Rights Reserved
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    Download as docx, pdf, or txt
    19 views1 page

    On Fresh Period Rule

    Uploaded by

    Angelica
    - Petitioners filed a motion for reconsideration of the RTC's dismissal of their complaint, which was denied by the RTC on July 1, 1998. Petitioners received notice of the denial on July 22, 1998. - Petitioners then filed their notice of appeal on July 27, 1998. The RTC dismissed the appeal as untimely, but the SC ruled the appeal was timely, as petitioners had 15 days from receiving notice of the denial of their motion for reconsideration to file their notice of appeal. - The SC established a "fresh period" rule allowing litigants 15 days from receiving notice of an order dismissing a motion for reconsideration or new trial to file an appeal.

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    of 1

    Neypes v.

    CA - Petitioners seasonably filed their notice of appeal within the


    GR 141524 | Sept. 14, 2005 | Corona, J. fresh period of 15 days, counted from July 22, 1998

    DOCTRINE: SC may promulgate procedural rules in all courts. On Fresh Period Rule
    It has the sole prerogative to amend, repeal, or even establish - The SC may promulgate procedural rules in all courts. It has
    new rules for a more simplified and inexpensive process, and the sole prerogative to amend, repeal or even establish new
    the speedy disposition of cases. rules for a more simplified and inexpensive process, and the
    speedy disposition of cases
    Fresh Period Rule: To standardize the appeal periods provided - To standardize the appeal periods provided in the Rules and
    in the Rules and to afford litigants fair opportunity to appeal to afford litigants fair opportunity to appeal their cases, the
    their cases, the Court deems it practical to allow a fresh period Court deems it practical to allow a fresh period of 15 days
    of 15 days within which to file the notice of appeal in the RTC, within which to file the notice of appeal in the RTC, counted
    counted from receipt of the order dismissing a motion for a from receipt of the order dismissing a motion for a new trial or
    new trial or motion for reconsideration. motion for reconsideration
    - A party litigant may either file his notice of appeal within 15
    FACTS days from receipt of the RTC decision or file it within 15 days
    - Petitioners filed an action against private respondents. from receipt of the final order denying his motion for
    RTC dismissed such complaint on Feb. 12, 1998, and reconsideration/for new trial. The same may only be availed of
    petitioners received copy of such decision on March 3, if either motion is filed. Otherwise, the decision becomes final
    1998 and executory after the lapse of the original appeal period
    - Petitioners then filed a Motion for Reconsideration on provided in Rule 41, Sec. 3.
    March 18, 1998, which was dismissed by RTC on July 1,
    1998. Petitioners received copy of order on July 22, 1998. RULING: Petition is GRANTED, and CA REVERSED AND SET
    - Petitioners then filed a notice of appeal on July 27, 1998, ASIDE. Records of case remanded to CA for further
    but such was dismissed by RTC for being filed out of time proceedings.
    - CA affirmed RTC, ruling that the 15-day period to appeal
    begins from the receipt of the order of dismissal or on
    March 3, 1998, and such order was the final order
    - SC ruled otherwise and held that the a fresh period of 15
    days within which to file the notice of appeal in the RTC,
    counted from the receipt of the order of dismissal of a
    motion for reconsideration or a new trial

    ISSUES
    WON CA is correct in saying that the 15-day period begins
    from the order of dismissal – NO
    - Based on Sec. 39, BP 129 and Rule 41, Sec. 3, 1997 Rules of
    Civil Procedure, an appeal should be taken within 15 days from
    the notice of judgment or final order appealed from. A final
    judgment or order is one that finally disposes of a case,
    leaving nothing more for the court to do with respect to it. It
    is an adjudication on the merits which, considering the
    evidence presented at the trial, declares categorically what the
    rights and obligations of the parties are; or it may be an order
    or judgment that dismisses an action.
    - In Quelnan v. VHF, SC ruled that denial of motion for
    reconsideration of an order of dismissal constituted the final
    order
    - As such, the order dated July 1, 1998, denying their motion
    for reconsideration was the final order contemplated in the
    rules

    WON notice of appeal was filed on time - YES

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