Practice question
An accused timely files a proper reconsideration motion concerning an appealable RTC criminal judgment. The opponent argues fresh-period treatment is categorically unavailable because liberty, rather than property, is involved. Which is correct?
- Liberty excludes appeal
- Only civil litigants receive any fresh period
- The opponent’s consent controls
- Every motion guarantees reversal
- Yu rejects that categorical distinction and applies the fresh-period rule to criminal appeals
Legal references
- Yu v. Samson-Tatad, G.R. No. 170979, February 9, 2011, main decision: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/34851
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