Fresh Period Rule Flashcards
(1 cards)
What is the fresh period rule (Neypes ruling)?
The essence of the “fresh period rule” is the liberal grant of a fresh period of 15 days within which the aggrieved party in the case may file a notice of appeal in the RTC, counted from receipt of the order dismissing a motion for new trial or reconsideration.
To standardize the different appeal periods in the Rules, this rule was made applicable to:
(1) Rule 40 (Appeals from Municipal Trial Courts to the Regional Trial Courts);
(2) Rule 42 (Petition for Review from the Regional Trial Courts to the Court of Appeals);
(3) Rule 43 (Appeals from Quasi-Judicial Agencies (now, except the Court of Tax Appeals) to the Court of Appeals); and
(4) Rule 45 (Appeal by Certiorari to the Supreme Court).
This new rule thereby makes the appeal period uniform by being invariably counted from receipt in the Neypes case of the order denying the motion for new trial, motion for reconsideration, or any final order or resolution.
The Court recapitulated, in the foregoing situations, that a party litigant may either file his notice of appeal within 15 days from receipt of the RTC’s decision, or within 15 days from receipt of the order denying his motion for new trial or motion for reconsideration, which thereby assumes the role of the “final order”.
