Practice question
A convicted accused files a timely motion for reconsideration on the last day of the original appeal period. After receipt of denial, the accused files notice of appeal fourteen days later in an otherwise proper notice-of-appeal case. The court rejects it solely because no original balance remained. Under Rodriguez, is that reason correct?
- Yes; a last-day motion eliminates every opportunity to appeal
- No; the timely motion gives a fresh fifteen-day period from receipt of denial
- Yes; criminal cases are always excluded from the fresh-period rule
- Yes; reconsideration is never permitted in criminal cases
- No; the accused instead has unlimited time
Legal references
- https://lawphil.net/courts/rules/rc_110-127_crim.html — Rules 120 §§4–6, 121 §§1–6, 122 §§1–3,6,11, and 126 §§1,3–5; read appellate periods with Rodriguez and current appellate routes.
- https://lawphil.net/judjuris/juri2012/oct2012/gr_192799_2012.html — Rodriguez v. People, G.R. No. 192799, October 24, 2012, MAIN resolution (fresh fifteen-day criminal appeal period after timely reconsideration).
- https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/70443 — Philippine Investment Two (SPV-AMC), Inc. v. Sebastian, G.R. Nos. 238729-30, April 8, 2026, EN BANC MAIN decision (independent assessment on withdrawal and prior arrest probable-cause finding).
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