Practice question
A party lets an ordinary civil appeal period expire, then files an out-of-time reconsideration motion and demands a fresh fifteen days when that motion is denied. No exceptional relaxation applies. Which is correct?
- Neypes does not revive an expired appeal period through an untimely motion; the applicable motion must be timely and proper.
- Every late motion automatically revives a final judgment.
- Any paper called reconsideration restarts every period.
- The defendant's consent is the only timeliness rule.
- A denial always creates a new right to appeal every final judgment indefinitely.
Legal references
- https://sc.judiciary.gov.ph/wp-content/uploads/2022/08/2019-rules-of-civil-procedure.pdf — Supreme Court official current2019 Rules40–41 text.
- https://lawphil.net/courts/rules/rc_1-71_civil.html — Rules40–45,51§8,64§3 (read with 2019 amendments).
- https://lawphil.net/judjuris/juri2005/sep2005/gr_141524_2005.html — Neypes v CA, GR141524, September14 2005, en banc main decision.
- https://lawphil.net/judjuris/juri2015/jan2015/gr_213525_2015.html — Fortune Life v COA, GR213525, January27 2015, en banc main resolution.
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