Practice question
In a covered RTC criminal appeal, an accused timely files a proper motion for new trial on day fourteen. Ten days after receiving its denial, he files the prescribed notice of appeal. The prosecution says only one day remained. Apply Yu.
- Only one day remains under all circumstances
- The motion automatically grants acquittal
- A criminal appeal is never available
- The fresh fifteen-day period defeats the asserted one-day limit
- The denial grants thirty years
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
Answer this question in flashcards to review your response and continue practicing.