Practice question
An accused invokes Yu after allowing the original criminal appeal period to expire and only then filing a reconsideration motion. No exception applies. Does the fresh-period doctrine automatically revive the lost appeal?
- No; it presupposes a timely proper postjudgment motion
- Yes, any motion revives any judgment
- Yes, even after decades
- Yes, because no criminal judgment becomes final
- The accused may select a new original deadline
Legal references
- Yu v. Samson-Tatad, G.R. No. 170979, February 9, 2011, main decision: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/34851
- Revised Rules of the Court of Tax Appeals, A.M. No. 05-11-07-CTA, Rules 8, 9, 15 and 16: https://lawphil.net/courts/supreme/am/am_05_11_07_cta_2005.html
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