Philippine Bar review · Question

Practice question: Fresh Period Rule

Multiple Choice Hard

Practice question

A losing party files an out-of-time motion after the original judgment has already become final, then claims that any denial necessarily starts a fresh ordinary appeal period. No recognized saving ground exists. Which is best?
  1. Every late motion revives a final judgment
  2. The denial automatically erases finality
  3. The party can select a new notice date at will
  4. A nonqualifying late motion does not automatically revive appeal through Neypes
  5. All final judgments are advisory only

Legal references

  • Neypes, G.R.141524; Rule37 Sections1–2: https://lawphil.net/judjuris/juri2005/sep2005/gr_141524_2005.html

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