Neypes v.

CA - Petitioners seasonably filed their notice of appeal within the

GR 141524 | Sept. 14, 2005 | Corona, J. fresh period of 15 days, counted from July 22, 1998

DOCTRINE: SC may promulgate procedural rules in all courts.
It has the sole prerogative to amend, repeal, or even establish
new rules for a more simplified and inexpensive process, and
the speedy disposition of cases.
Fresh Period Rule: To standardize the appeal periods provided
in the Rules and to afford litigants fair opportunity to appeal
their cases, the Court deems it practical to allow a fresh period
of 15 days within which to file the notice of appeal in the RTC,
counted from receipt of the order dismissing a motion for a
new trial or motion for reconsideration.
FACTS
- Petitioners filed an action against private respondents.
RTC dismissed such complaint on Feb. 12, 1998, and
petitioners received copy of such decision on March 3,
1998
- Petitioners then filed a Motion for Reconsideration on
March 18, 1998, which was dismissed by RTC on July 1,
1998. Petitioners received copy of order on July 22, 1998.
- Petitioners then filed a notice of appeal on July 27, 1998,
but such was dismissed by RTC for being filed out of time
- CA affirmed RTC, ruling that the 15-day period to appeal
begins from the receipt of the order of dismissal or on
March 3, 1998, and such order was the final order
- SC ruled otherwise and held that the a fresh period of 15
days within which to file the notice of appeal in the RTC,
counted from the receipt of the order of dismissal of a
motion for reconsideration or a new trial
On Fresh Period Rule
- The SC may promulgate procedural rules in all courts. It has
the sole prerogative to amend, repeal or even establish new
rules for a more simplified and inexpensive process, and the
speedy disposition of cases
- To standardize the appeal periods provided in the Rules and
to afford litigants fair opportunity to appeal their cases, the
Court deems it practical to allow a fresh period of 15 days
within which to file the notice of appeal in the RTC, counted
from receipt of the order dismissing a motion for a new trial or
motion for reconsideration
- A party litigant may either file his notice of appeal within 15
days from receipt of the RTC decision or file it within 15 days
from receipt of the final order denying his motion for
reconsideration/for new trial. The same may only be availed of
if either motion is filed. Otherwise, the decision becomes final
and executory after the lapse of the original appeal period
provided in Rule 41, Sec. 3.
RULING: Petition is GRANTED, and CA REVERSED AND SET
ASIDE. Records of case remanded to CA for further
proceedings.

ISSUES
WON CA is correct in saying that the 15-day period begins
from the order of dismissal – NO
- Based on Sec. 39, BP 129 and Rule 41, Sec. 3, 1997 Rules of
Civil Procedure, an appeal should be taken within 15 days from
the notice of judgment or final order appealed from. A final
judgment or order is one that finally disposes of a case,
leaving nothing more for the court to do with respect to it. It
is an adjudication on the merits which, considering the
evidence presented at the trial, declares categorically what the
rights and obligations of the parties are; or it may be an order
or judgment that dismisses an action.
- In Quelnan v. VHF, SC ruled that denial of motion for
reconsideration of an order of dismissal constituted the final
order
- As such, the order dated July 1, 1998, denying their motion
for reconsideration was the final order contemplated in the
rules

WON notice of appeal was filed on time - YES