This case has been cited 2 times or more.
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2012-09-05 |
REYES, J. |
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| Thus, in similar cases decided by this Court after Neypes, the fresh period rule was applied, thereby allowing appellants who had filed with the trial court a motion for reconsideration the full fifteen (15)-day period from receipt of the resolution resolving the motion within which to file a notice of appeal. Among these cases is Sumiran v. Damaso,[21] wherein we reiterated our ruling in Makati Insurance Co., Inc. v. Reyes[22] and De Los Santos v. Vda. de Mangubat[23] to explain that the rule can be applied to actions pending upon its effectivity: As early as 2005, the Court categorically declared in Neypes v. Court of Appeals 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. x x x | |||||
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2009-08-19 |
PERALTA, J. |
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| 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 | |||||