Remedial Law, Legal and Judicial Ethics, with Practical Exercises › Civil Procedure › Post-judgment Remedies › New Trial or Reconsideration (Rule 37)

b. Fresh Period Rule

2. Motion for reconsideration (RULE 37)

a. Remedy when motion for new trial or reconsideration is denied b. Fresh period rule

When Appeal is to be Taken

APPEAL OF A JUDGMENT	APPEAL OF AN ORDER
Must be perfected within 15 days from promulgation of the final judgment	Must be perfected within 15 days from notice of the final order

Note: A party shall have a fresh period of 15 days to file a notice of appeal to the RTC from receipt of the order denying a motion for new trial or motion for reconsideration. (Neypes vs. CA, G.R. No. 141524, 2005)

This applies in criminal cases under Rule 122, Sec. 6 (Yu vs. Tatad, G.R. No. 170979, 2011)

Application Of The Neypes Rule In Criminal 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. (Yu v. Hon. Tatad, G.R. No. 170979, 2011)

Updated: The fresh period rule applies across specified appellate modes and includes denial of a partial motion for reconsideration (Jocson v. San Miguel, G.R. No. 206941, 9 March 2016).

DENIAL OF THE MOTION; EFFECT

MOTION FOR NEW TRIAL	MOTION FOR RECONSIDERATION
If denied, not appealable; will have to wait for the judgment and appeal therefrom. Remedy is to appeal from the judgment or final order. (Rule 37, Sec. 9)If the motion is denied, the movant has a “fresh period” of 15 days from receipt or notice of the order denying or dismissing the motion for new trial from which to file a notice of appeal.	If denied, not appealable; remedy is to appeal from the judgment or final order. (Rule 37, Sec. 9)This means that if the motion is denied, the movant has a “fresh period” of 15 days from receipt or notice of the order denying or dismissing the motion for reconsideration from which to file a notice of appeal. (Neypes v. Court of Appeals, G.R. No. 141524, 2005).

Remedy when motion is denied, fresh 15-day period

A party shall have a FRESH PERIOD of 15 days to file a notice of appeal to the RTC from receipt of the order denying a motion for new trial or motion for reconsideration.

This rule shall apply to Rules 40, 41, 42, 43 and 45 (Neypes vs. CA, G.R. No. 141524, 2005) and in criminal cases under Section 6 of Rule 122 of the Revised Rules of Criminal Procedure. (Yu vs. Tatad, G.R. No. 170979, 2011)

NOTE: The period is 30 days if record on appeal is required.

The fresh period does NOT refer to the period within which to appeal from the order denying the motion for reconsideration BUT to the period within which to appeal from the judgment itself because an order denying a motion for reconsideration is not appealable.

Remedy when motion is denied, fresh 15-day period

A party shall have a FRESH PERIOD of 15 days to file a notice of appeal to the RTC from receipt of the order denying a motion for new trial or motion for reconsideration.

This rule shall apply to Rules 40, 41, 42, 43 and 45 (Neypes vs. CA, G.R. No. 141524, 2005) and in criminal cases under Section 6 of Rule 122 of the Revised Rules of Criminal Procedure. (Yu vs. Tatad, G.R. No. 170979, 2011)

Note: The period is 30 days if record on appeal is required.

Recall:

Rule 40 – Appeals from MTC to RTC
Rule 41 – Appeals from RTC to CA from decisions rendered by the RTC in the exercise of its original jurisdiction
Rule 42 – Petitions or review from RTC to CA from decisions of the RTC in the exercise of its appellate jurisdiction
Rule 43 – Appeals from Quasi-Judicial Agencies to CA
Rule 45 – Appeals by certiorari to SC

Authorities

Neypes v. Court of Appeals, G.R. No. 141524, 14 September 2005
Rule 122, Sec. 6
Rule 40
Rule 41
Rule 42
Rule 43
Rule 45
Rules of Civil Procedure, Sec. 40
Rules of Court (Rule 37), Sec. 9
Rules of Court, Rule 122, Sec. 6
Yu v. Samson-Tatad, G.R. No. 170979, 9 February 2011