Practice question
Before the Rule 45 period expires, the petitioner files and serves the proper extension motion and fully pays the required fees and cost deposit. The petitioner offers justifiable reasons but claims an automatic unlimited extension. Which is correct?
- Rule 42’s initial fifteen days and automatic further fifteen always control Rule 45
- Private notice to the opponent grants unlimited time
- No extension is ever permitted
- The Court must grant any requested period
- The Supreme Court may grant a thirty-day extension for justifiable reasons under the specified conditions; the rule does not create the claimed unlimited entitlement
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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