Republic of the Philippines

Supreme Court
Manila
THIRD DIVISION

RODRIGO SUMIRAN,
Petitioner,

G.R. No. 162518

- versus -

CARPIO MORALES, J.,*

SPOUSES GENEROSO DAMASO Promulgated:

DECISION

PERALTA, J.:

This resolves the Petition for Review on Certiorari under Rule 45 of the Rules of Court,
praying that the Decision[1] of the Court of Appeals (CA) in CA-G.R. SP No. 80267, dated
December 22, 2003, and the Resolution[2] dated February 20, 2004, denying petitioner's motion
for reconsideration, be reversed and set aside.
The antecedent facts are as follows.
Petitioner filed a complaint for sum of money and damages with prayer for preliminary
attachment (Civil Case No. 93-2588) against respondents before the Regional Trial Court (RTC)
of Antipolo City, Branch 73. Petitioner is also the private complainant in Criminal Case Nos.
92-8157 and 92-8158 for violation of Batas Pambansa Blg. 22 with respondent Generoso
Damaso as accused. Upon motion of respondents, said civil and criminal cases were
consolidated and jointly tried.

On February 21, 2003, the RTC promulgated its Decision[3] dated January 16, 2003, the
dispositive portion of which reads as follows:
WHEREFORE,
premises
considered,
accused GENEROSO
DAMASO is
hereby ACQUITTED in Criminal Case Nos. 92-8157 and 92-8158 on grounds of insufficiency of
evidence.
As for Civil Case No. 93-2588, in the interest justice and equity, judgment is hereby rendered
against the plaintiff Rodrigo Sumiran and in favor of the defendants Damaso. The plaintiff is
further ordered to pay to the defendants the following:
a. P50,000.00 as moral damages
b. P20,000.00 as exemplary damages, and
c. the cost of suit.
SO ORDERED.[4]

On March 6, 2003, petitioner filed a motion for reconsideration dated Match 4, 2003, stating
that he received a duplicate original copy of the decision on February 21, 2003.Respondents
opposed said motion. On May 9, 2003, the RTC issued an Order denying petitioners motion for
reconsideration. Thereafter, on May 29, 2003, petitioner filed a Notice of Appeal dated May 28,
2003, stating instead that he received a copy of the decision dated January 16, 2003 only
on March 8, 2003 and of the Order dated May 9, 2003denying his motion for reconsideration
on May 19, 2003.

On June 2, 2003, the RTC issued an Order denying due course to the notice of appeal for
having been filed out of time, emphasizing that the decision was promulgated on February 21,
2003 in the presence of both parties and their counsels. Considering counsel for petitioner to
have received a copy of the decision on said date of promulgation, the RTC ruled that since
petitioner had filed a motion for reconsideration on the 13 th day (March 6, 2003), he had
belatedly filed the notice of appeal when he filed it ten (10) days after allegedly receiving the
Order of May 9, 2003 on May 19, 2003. A motion for reconsideration was filed by petitioner
on June 20, 2003, but the same was denied by the RTC on October 1, 2003.
Petitioner then filed a petition for certiorari with the CA. However, the CA found the
petition unmeritorious and dismissed the same in its Decision dated December 22, 2003. Ruling
that petitioner was bound by his judicial admission that he received the Decision of the RTC
when it was promulgated on February 21, 2003, the CA held that petitioners period within
which to file an appeal had lapsed by the time the Notice of Appeal was filed on May 29, 2003.
Petitioners motion for reconsideration of the CA Decision was denied per Resolution
dated February 20, 2004.

Hence, this petition where it is alleged that the CA erred in ruling that petitioners period
to appeal had lapsed, as such ruling was premised on misapprehension of facts and contradicted
by evidence on record. The CA also allegedly failed to state in its decision and resolution the
particular evidence upon which the same was based; and there were supposedly some facts that,
if properly noticed and considered, would justify a different conclusion.
The petition deserves some consideration.
As early as 2005, the Court categorically declared in Neypes v. Court of Appeals[5] that by
virtue of the power of the Supreme Court to amend, repeal and create new procedural rules in
all courts, the Court is allowing a fresh period of 15 days within which to file a notice of appeal
in the RTC, counted from receipt of the order dismissing or denying a motion for new trial or
motion for reconsideration. This would standardize the appeal periods provided in the Rules and
do away with the confusion as to when the 15-day appeal period should be counted. Thus, the
Court stated:
To recapitulate, a party-litigant may either file his notice of appeal within 15 days from
receipt of the Regional Trial Courts decision or file it within 15 days from receipt of the
order (the final order) denying his motion for new trial or motion for
reconsideration. Obviously, the new 15-day period may be availed of only if either motion is
filed; otherwise, the decision becomes final and executory after the lapse of the original appeal
period provided in Rule 41, Section 3.[6]

The foregoing ruling of the Court was reiterated in Makati Insurance Co., Inc. v. Reyes,[7] to wit:
Propitious to petitioner is Neypes v. Court of Appeals, promulgated on 14 September
2005 while the present Petition was already pending before us. x x x
xxxx
With the advent of the "fresh period rule," parties who availed themselves of the remedy
of motion for reconsideration are now allowed to file a notice of appeal within fifteen days from
the denial of that motion.
The fresh period rule is not inconsistent with Rule 41, Section 3 of the Revised Rules of
Court which states that the appeal shall be taken within fifteen (15) days from notice of
judgmentor final order appealed from. The use of the disjunctive word or signifies disassociation
and independence of one thing from another. It should, as a rule, be construed in the sense which
it ordinarily implies. Hence, the use of or in the above provision supposes that the notice of appeal
may be filed within 15 days from the notice of judgment or within 15 days from notice of the final
order, x x x.
xxxx
The fresh period rule finally eradicates the confusion as to when the 15-day appeal period
should be counted from receipt of notice of judgment or from receipt of notice of final order
appealed from.

Taking our bearings from Neypes, in Sumaway v. Urban Bank, Inc., we set aside the denial
of a notice of appeal which was purportedly filed five days late. With the fresh period rule, the 15day period within which to file the notice of appeal was counted from notice of the denial of the
therein petitioners motion for reconsideration.
We followed suit in Elbia v. Ceniza, wherein we applied the principle granting a fresh
period of 15 days within which to file the notice of appeal, counted from receipt of the order
dismissing a motion for new trial or motion for reconsideration or any final order or resolution.
Thereafter, in First Aqua Sugar Traders, Inc. v. Bank of the Philippine Islands, we held
that a party-litigant may now file his notice of appeal either within fifteen days from receipt of the
original decision or within fifteen days from the receipt of the order denying the motion for
reconsideration.
In De los Santos v. Vda. de Mangubat, we applied the same principle of fresh period rule,
expostulating that procedural law refers to the adjective law which prescribes rules and forms of
procedure in order that courts may be able to administer justice. Procedural laws do not come
within the legal conception of a retroactive law, or the general rule against the retroactive
operation of statutes. The "fresh period rule" is irrefragably procedural, prescribing the
manner in which the appropriate period for appeal is to be computed or determined and,
therefore, can be made applicable to actions pending upon its effectivity, such as the present
case, without danger of violating anyone elses rights. (Emphasis supplied)

The retroactivity of the Neypes rule in cases where the period for appeal had lapsed prior to the
date of promulgation of Neypes on September 14, 2005, was clearly explained by the Court
in Fil-Estate Properties, Inc. v. Homena-Valencia,[8] stating thus:
The determinative issue is whether the fresh period rule announced in Neypes could
retroactively apply in cases where the period for appeal had lapsed prior to 14 September
2005 whenNeypes was promulgated. That question may be answered with the guidance of the
general rule that procedural laws may be given retroactive effect to actions pending and
undetermined at the time of their passage, there being no vested rights in the rules of
procedure. Amendments to procedural rules are procedural or remedial in character as
they do not create new or remove vested rights, but only operate in furtherance of the
remedy or confirmation of rights already existing.
Sps. De los Santos reaffirms these principles and categorically warrants that Neypes bears the
quested retroactive effect, to wit:
Procedural law refers to the adjective law which prescribes rules and forms of
procedure in order that courts may be able to administer justice. Procedural laws do not
come within the legal conception of a retroactive law, or the general rule against the
retroactive operation of statues they may be given retroactive effect on actions pending
and undetermined at the time of their passage and this will not violate any right of a person
who may feel that he is adversely affected, insomuch as there are no vested rights in rules
of procedure.
The fresh period rule is a procedural law as it prescribes a fresh period of 15
days within which an appeal may be made in the event that the motion for
reconsideration is denied by the lower court. Following the rule on retroactivity of
procedural laws, the fresh period rule should be applied to pending actions, such as
the present case.

Also, to deny herein petitioners the benefit of the fresh period rule will amount to
injustice, if not absurdity, since the subject notice of judgment and final order were issued
two years later or in the year 2000, as compared to the notice of judgment and final order
in Neypes which were issued in 1998. It will be incongruous and illogical that parties
receiving notices of judgment and final orders issued in the year 1998 will enjoy the
benefit of the fresh period rule while those later rulings of the lower courts such as in the
instant case, will not.[9]

Since this case was already pending in this Court at the time of promulgation of Neypes,
then, ineluctably, the Court must also apply the foregoing rulings to the present case. Petitioner
is entitled to a fresh period of 15 days counted from May 19, 2003, the date of petitioners
receipt of the Order denying his motion for reconsideration of the RTC Decision within which
to file his notice of appeal. Therefore, when he filed said notice on May 29, 2003, or only ten (10)
days after receipt of the Order denying his motion for reconsideration, his period to appeal had
not yet lapsed.
IN VIEW OF THE FOREGOING, the petition is GRANTED. The Decision of the Court of
Appeals in CA-G.R. SP No. 80267, dated December 22, 2003, and the Resolution dated
February 20, 2004, are hereby REVERSED and SET ASIDE. The Order of
the Regional Trial Court of Antipolo City, Branch 73, dated June 2, 2003 in Civil Case No. 932588, and its Order dated October 1, 2003, reiterating the June 2, 2003 Order, are hereby
declared NULL and VOID. The Regional Trial Court of Antipolo City,
Branch
73,
isDIRECTED to give due course to petitioners Notice of Appeal dated May 28, 2003. No costs.
SO ORDERED.

DIOSDADO M. PERALTA
Associate Justice

WE CONCUR:

CONCHITA CARPIO MORALES

MINITA V. CHICO-NAZARIO PRESBITERO J. VELASCO, JR.

ANTONIO EDUARDO B. NACHURA

ATTESTATION

I attest that the conclusions in the above Decision had been reached in consultation before the
case was assigned to the writer of the opinion of the Courts Division.

MINITA V. CHICO-NAZARIO
Associate Justice
Acting Chairperson, Third Division

CERTIFICATION

Pursuant to Section 13, Article VIII of the Constitution and the Division Acting Chairpersons
Attestation, I certify that the conclusions in the above Decision were reached in consultation
before the case was assigned to the writer of the opinion of the Courts Division.

REYNATO S. PUNO
Chief Justice

Designated as an additional member in lieu of Associate Justice Consuelo Ynares-Santiago, per Special Order No. 679 dated August
3, 2009.
**
Per Special Order No. 678 dated August 3, 2009.
[1]
Penned by Associate Justice Martin S. Villarama, Jr., with Associate Justices Mario L. Guaria III and Jose C. Reyes, Jr.,
concurring; rollo, pp. 70-74.
[2]
Id. at 83.
[3]
Rollo, pp. 21-28.
[4]
Id. at 28.
[5]
G.R. No. 141524, September 14, 2005, 469 SCRA 633.
[6]
Id. at 646. (Emphasis supplied.)
[7]
G.R. No. 167403, August 6, 2008.
[8]
G.R. No. 173942, June 25, 2008, 555 SCRA 345.
[9]
Id. at 349-350. (Emphasis supplied.)