Philippine Bar review · Question

Practice question: Appeal by Certiorari to SC (Rule 45)

Multiple Choice Medium

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?
  1. Only the unused fragment can ever remain
  2. Every motion restarts time even if late or prohibited
  3. The proper timely motion supports the fresh fifteen-day period from notice of denial under the rule and Neypes
  4. Reconsideration permanently eliminates review
  5. 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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