Practice question
A proper timely reconsideration motion is denied. Counsel receives operative notice later than the signing date of the order. In the covered fresh-period setting, the opponent starts the clock solely from signing. Which is correct?
- The clock began before the motion was filed
- The signing date always supersedes notice
- The plaintiff chooses either date after expiration
- Only oral rumor starts the period
- Use operative receipt of denial notice rather than the earlier signing date
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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