Dear PAO,
Good day! I just want to inquire regarding the civil case I filed before the Pasig Regional Trial Court. A few months ago, my private counsel was offered a government post and has since withdrawn from all her ongoing private cases, including mine. Two days ago, I received an order denying the motion for reconsideration (MR) we previously filed, and because I have yet to find a new lawyer, I just want to seek clarification from your good office regarding the appeal I intend to take. I read somewhere that the general period to file an ordinary appeal is 15 days from receipt of judgment or final order. If it had taken my previous counsel 10 days from receipt of the original RTC decision to file an MR, does that mean that I only have five days remaining to appeal the decision?
Mai
Dear Mai,
In our jurisdiction, the right to appeal has been characterized as neither a natural right nor a part of due process, but a statutory privilege that must be exercised in the manner and in accordance with the provisions of law. (Rosa H. Fenequito, et al. vs. Bernardo Vergara Jr., GR 172829, July 18, 2012, Ponente: Associate Justice Diosdado Peralta). It is “an essential part of our judicial system, [and] Courts should proceed with caution so as to deprive a party of the right to appeal.” (National Waterworks and Sewerage Authority and Authority vs. Municipality of Libmanan, GR L-27197, April 28, 1980, Ponente: Associate Justice Pacifico de Castro).
In civil cases, appeals are primarily governed by Rules 41 to 45 of the Revised Rules of Civil Procedure (a.m. 19-10-20-SC), which uniformly provide for a 15-day period from notice of the judgment or final order appealed from to file an ordinary appeal — for cases decided by the Regional Trial Court (RTC) in the exercise of its original jurisdiction and petition for review — for cases decided by the RTC in the exercise of its appellate jurisdiction. (Rules 41 and 42, Revised Rules of Civil Procedure).
In Domingo Neypes, et al. v. Court of Appeals, GR 141524, Sept. 14, 2005, the Supreme Court, through Chief Justice Renato Corona, standardized the appeal periods provided in the rules so as to afford litigants fair opportunity to appeal their cases. Under this, “the Court deem[ed] it practical to allow a fresh period of 15 days within which to file the notice of appeal in the Regional Trial Court, counted from receipt of the order dismissing a motion for a new trial or motion for reconsideration.” This means that a party litigant who files a timely motion for reconsideration or new trial is afforded a fresh period of 15 days from receipt of the order denying said motion within which to file an appeal — a fundamental departure from the old rule which merely allowed the party litigant to file an appeal within the remaining portion of the original 15-day appeal period prior to its interruption by the filing of either a motion for reconsideration or a motion for new trial.
In Judith Yu vs. Hon. Rosa Samson-Tatad, et al., (GR 170979, Feb. 9, 2011, Ponente: Associate Justice Arturo Brion), the Supreme Court held that “[t]he raison d’être for the ‘fresh period rule’ is to standardize the appeal period provided in the Rules and do away with the confusion as to when the 15-day appeal period should be counted. Thus, the 15-day period to appeal is no longer interrupted by the filing of a motion for new trial or motion for reconsideration; litigants today need not concern themselves with counting the balance of the 15-day period to appeal since the 15-day period is now counted from receipt of the order dismissing a motion for new trial or motion for reconsideration or any final order or resolution.”
Indeed, if we were to apply the old rule in your case, you only have the remaining five days of the 15-day period to file an appeal. However, following the Neypes Doctrine, our rules now allow you a fresh period of 15 days from receipt of the order denying your motion for reconsideration within which to file an appeal.
We hope that we were able to answer your queries. This advice is solely based on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your continued trust and support.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net.
