This case has been cited 3 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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2011-02-09 |
DEL CASTILLO, J. |
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| "[P]rocedural 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."[39] Neypes, which we rendered in September 2005, has been applied retroactively to a number of cases[40] wherein the original period to appeal had already lapsed subsequent to the denial of the motion for reconsideration. Aurora's situation is no exception, and thus she is entitled to benefit from the amendment of the procedural rules. | |||||
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2010-10-06 |
LEONARDO-DE CASTRO, J. |
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| Jurisprudence has settled the "fresh period rule," according to which, an ordinary appeal from the RTC to the Court of Appeals, under Section 3 of Rule 41 of the Rules of Court, shall be taken within fifteen (15) days either from receipt of the original judgment of the trial court or from receipt of the final order of the trial court dismissing or denying the motion for new trial or motion for reconsideration. In Sumiran v. Damaso,[17] we presented a survey of the cases applying the fresh period rule: 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. Thus, the Court stated: | |||||