Practice question
A party files a proper reconsideration motion in due time from an otherwise reviewable judgment. After receiving denial, the party files a compliant Rule 45 petition within the fresh fifteen days. The opponent insists the petition was due only within the original unused fragment. Which is correct?
- Only the unused fragment can ever remain
- Every motion restarts time even if late or prohibited
- The proper timely motion supports the fresh fifteen-day period from notice of denial under the rule and Neypes
- Reconsideration permanently eliminates review
- The Court must reverse merely because the petition is timely
Legal references
- https://lawphil.net/courts/rules/rc_1-71_civil.html — Rule 45 sections 1–6, verified petition, legal questions, fifteen-day period, qualified thirty-day extension and discretionary review.
- https://lawphil.net/judjuris/juri2005/sep2005/gr_141524_2005.html — Neypes v. Court of Appeals, G.R. No. 141524, September 14, 2005, fresh-period principle applied to Rule 45.
- https://lawphil.net/judjuris/juri2025/jan2025/gr_252841_2025.html — Planters Development Bank v. Heirs of Nilo P. Delos Santos, G.R. No. 252841, January 15, 2025, main decision on the general legal-question rule and conflicting RTC and CA findings as an exception.
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