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Philippine Bar review · Question

Practice question: Fresh Period Rule

Multiple Choice Hard Jurisprudence

Practice question

A party files within the full fresh period but uses notice of appeal for a disposition that requires a different review mode. It invokes Neypes as curing mode and all other appeal defects. Which is sound?
  1. Timeliness does not automatically validate the wrong remedy
  2. Neypes converts every paper into the right petition
  3. All procedural requirements disappear for15days
  4. A notice always is a Rule45 petition
  5. Only the paper’s color matters

Legal references

  • Neypes fresh-period rule and its limits discussed in Makati Insurance v. Reyes, GR167403, August6,2008: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/46364
  • Continuing Rules35 Section5;36 Sections2–6;37 Sections5,9;38 Sections4–7;41 Section2;22 Section1: https://lawphil.net/courts/rules/rc_1-71_civil.html

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