Practice question
Counsel has two matters: an ordinary notice-only civil appeal after denial of a timely proper reconsideration motion, and a Rule64 challenge after denial of a timely allowed Commission reconsideration motion. Counsel proposes a fresh fifteen-day period in both merely because each involves reconsideration. Which is correct?
- Every reconsideration denial has an identical period.
- The covered ordinary appeal receives Neypes treatment; Rule64 instead uses its remaining period, with at least five days.
- Both automatically receive sixty days.
- Neither can ever be reviewed.
- The party may choose whichever timetable is longer.
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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