Practice question
In an appealable ordinary RTC appellate case, a party files a proper first reconsideration motion within the original period. After receiving denial, the party files and serves a compliant Rule 42 petition on the twelfth day, paying the required fees. The opponent counts only the unused fragment of the original period. Which is correct?
- Only the original unused fragment can ever remain
- A timely reconsideration motion permanently eliminates any appeal
- The proper timely motion supplies the fresh fifteen-day period from notice of denial, so the stated twelfth-day filing is within it
- Every reconsideration motion, even prohibited or late, has the same effect
- Only the clerk’s preference determines timeliness
Legal references
- https://lawphil.net/courts/rules/rc_1-71_civil.html — Rule 42 sections 1–3, 6 and 8, ordinary RTC appellate decisions, petition requirements, extension, perfection and stay; special statutory finality or appeal routes remain controlling.
- https://lawphil.net/judjuris/juri2005/sep2005/gr_141524_2005.html — Neypes v. Court of Appeals, G.R. No. 141524, September 14, 2005, fresh fifteen-day appeal period after a proper timely motion and application to Rule 42.
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