Fresh Na Fresh Ang Period Neypes v. CA
Fresh Na Fresh Ang Period Neypes v. CA
Facts:
Issues:
1. Will the July 1, 1998 be deemed as the "final order," and thus receipt of which triggers
the start of the 15-day reglementary period to appeal?
Ruling:
Yes. We reversed the trial court and declared that it was the denial of the motion for
reconsideration of an order of dismissal of a complaint which constituted the final order as it was
what ended the issues raised there.
Yes. The notice of appeal was well within the fresh appeal period of 15 days. Petitioners filed
their notice of appeal on July 27, 1998 or five days from receipt of the order denying their motion
for reconsideration on July 22, 1998. A party litigant may either file his notice of appeal within 15
days from receipt of the Regional Trial Court's 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 only if either motion is filed. The 15-day fresh
period does not run counter to BP 129 which shortened the appeal period from 30 days to 15
days to hasten the disposition of cases.
The "fresh period rule" shall also apply toRule 40 governing appeals from the Municipal
Trial Courts to the Regional Trial Courts; Rule 42 on petitions for review from the Regional Trial
Courts to the Court of Appeals; Rule 43 on appeals from quasi-judicial agencies 31 to the Court
of Appeals and Rule 45 governing appeals by certiorari to the Supreme Court. 3