Practice question
A party seeks an initial Rule 43 extension but neither makes the required timely motion nor pays the required fee within the reglementary period. It claims the additional fifteen days arise automatically. Which is correct?
- The stated conditions and a grant cannot simply be assumed from the party’s wish.
- Every litigant automatically owns an unlimited extension.
- The extension is self-executing without any request.
- A late private promise automatically binds the CA.
- The adverse party’s silence supplies every missing requirement.
Legal references
- Rules of Court, Rule 43 Sections 3-6, 10 and 12: https://lawphil.net/courts/rules/rc_1-71_civil.html
- Guagua National Colleges v. Court of Appeals, G.R. No. 188492, August 28, 2018, main decision: https://lawphil.net/judjuris/juri2018/aug2018/gr_188492_2018.html
- DOLE Department Order 255-2025, Rules VI and VIII, reproduced issued text: https://www.scribd.com/document/1056241538/DO-255-25-Revised-Procedural-Guidelines-in-the-Conduct-of-Voluntary-Arbitration-Proceedings
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