NEYPES V CA

CASE: NEYPES vs CA
FACTS
- Petitioners filed an action for annulment of judgment and titles of land and/or reconveyance
and/or reversion with preliminary injunction before the RTC against the private respondents
(Del Mundo).
- Later, in an order, the trial court dismissed petitioners’ complaint on the ground that the action
had already prescribed. Petitioners allegedly received a copy of the order of dismissal on
March 3, 1998 and, on the 15th day thereafter or on March 18, 1998, filed a motion for
reconsideration.
- On July 1, 1998, the trial court issued another order dismissing the motion for reconsideration
which petitioners received on July 22, 1998. Five days later, on July 27, 1998, petitioners filed
a notice of appeal and paid the appeal fees on August 3, 1998.
- On August 4, 1998, the court a quo denied the notice of appeal, holding that it was filed eight
days late. This was received by petitioners on July 31, 1998. Petitioners filed a motion for
reconsideration but this too was denied in an order dated September 3, 1998.
- Via a petition for certiorari and mandamus under Rule 65, petitioners assailed the dismissal of
the notice of appeal before the CA.
- In the appellate court, petitioners claimed that they had seasonably filed their notice of appeal.
They argued that the 15-day reglementary period to appeal started to run only on July 22,
1998 since this was the day they received the final order of the trial court denying their motion
for reconsideration.
- When they filed their notice of appeal on July 27, 1998, only five days had elapsed and they
were well within the reglementary period for appeal. On September 16, 1999, the CA
dismissed the petition. It ruled that the 15-day period to appeal should have been reckoned
from March 3, 1998 or the day they received the February 12, 1998 order dismissing their
complaint. According to the appellate court, the order was the “final order” appealable under
the Rules.
ISSUES
- Whether the appeal of the petitioner was filed on tie
RULING
YES.
Under Rule 41, Section 3, petitioners had 15 days from notice of judgment or final order to appeal the
decision of the trial court. On the 15th day of the original appeal period (March 18, 1998), petitioners
did not file a notice of appeal but instead opted to file a motion for reconsideration. According to the
trial court, the MR only interrupted the running of the 15-day appeal period. It ruled that petitioners,
having filed their MR on the last day of the 15-day reglementary period to appeal, had only one (1) day
left to file the notice of appeal upon receipt of the notice of denial of their MR. Petitioners, however,
argue that they were entitled under the Rules to a fresh period of 15 days from receipt of the "final
order" or the order dismissing their motion for reconsideration.
To standardize the appeal periods provided in the Rules, and to afford 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
new trial or motion for reconsideration. Henceforth, this "fresh period rule" shall also apply to Rule 40
governing appeals from the Municipal Trial Courts to the Regional Trial Courts; Rule 42 on petitions
for review from the Regional Trial Courts to the Court of Appeals; Rule 43 on appeals from quasi-
judicial agencies to the Court of Appeals and Rule 45 governing appeals by certiorari to the Supreme
Court. The new rule aims to regiment or make the appeal period uniform, to be counted from receipt
of the order denying the motion for new trial, motion for reconsideration (whether full or partial) or any
final order or resolution.
Hence, according to the Supreme Court, petitioners seasonably filed their notice of appeal
within the fresh period of 15 days, counted from July 22, 1998 (date of the receipt of notice
denying their motion for reconsideration). In this case, the new period of 15 days eradicates
the confusion as to when the 15-day appeal period should be counted - from receipt of notice
of judgment (March 3, 1998) or from receipt of notice of "final order" appealed from (July 22,
1998). Petitioners here filed their notice of appeal on July 27, 1998 or five days from receipt of
the order denying their motion for reconsideration on July 22, 1998. Hence, the notice of appeal
was well within the fresh appeal period of 15 days, as already discussed.

NEYPES V CA

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CASE: NEYPES vs CA

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