Remedial Law, Legal and Judicial Ethics, with Practical Exercises › Civil Procedure › Post-judgment Remedies › Appeal and Review

b. Periods for Filing

Motion for reconsideration

An aggrieved party is not precluded from filing a motion for reconsideration within fifteen (15) days from receipt of the assailed resolution of the prosecutor. If the motion is denied, the aggrieved party may appeal within fifteen (15) days from denial of the motion for reconsideration. (Sec. 3, DOJ Department Circular No. 70)

Period to File

Within sixty (60) days after the petitioner learns of the judgment, final order or other proceeding to be set aside, and not more than 6 months after such judgment or final order was entered.

Note: Claim against the bond or real estate or both may be availed of only within two (2) years after the settlement and distribution of the estate. Such bond or property will be charged with this responsibility within 2 years regardless of transfers of property.

Time for filing; exceptions; extension

General Rule: The petition shall be filed within 15 days from the notice of the judgment appealed from, or of the denial of the petitioner’s motion for new trial or reconsideration filed in due time after notice of the judgment.

ANSWER TO COMPLAINT

The defendant shall file his answer to the complaint within thirty (30) calendar days after service of summons, unless a different period is fixed by the court.

Authorities

  • DOJ Department Circular No. 70, Sec. 3