Practice question
After proper reconsideration is denied, the fresh period begins. On dayFive the party files an unauthorized second reconsideration motion, then waits beyond the fresh period and claims the second denial restarted it. No recognized exception applies. Which is correct?
- Every denial restarts indefinitely
- The unauthorized second motion does not supply the claimed new fresh period
- An unauthorized filing automatically extends every appeal
- The party may decide the original judgment never becomes final
- Only the second motion’s title 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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