Practice question
Does a fresh appeal period itself cure use of the wrong appellate mode?
- No
- Yes, timely filing cures every mode defect
- Only a filing receipt determines jurisdiction
- Every notice becomes a Rule45 petition
- A fresh period abolishes all appellate rules
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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