NEYPES vs CA (The infamous Fresh Period Rule)

FACTS:
Neypes filed an action for annulment of judgment and titles of land,
reconveyance and reversion with preliminary injunction against the Bureau of
Lands, et. al.
o RTC dismissed petitioners complain. Prescription daw.
o On the 15th day after receiving the order of dismissal, Neypes filed an MR.
o Petitioner received the denial of their MR on July 22.
5 days after receiving the denial of MR, July 27, Neypes filed a notice of appeal.
o It was denied because apparently it was filed 8 days late.
o An MR was again denied.
Neypes filed a petition for certiorari and mandamus under Rule 65 with the CA.
Assailing the dismissal of the notice of appeal.
o CA DISMISSED.
o CA reasoned that the 15-day period to appeal should be reckoned from
March 3, the day they received the order of dismissal.
RTC received the notice of appeal on July 31. It was 8 days late
counted from July 23, which was the last day to file the notice of
appeal kasi daw 1 day left nalang ang meron sila. Kasi nga on the
15th day sila nag file ng MR sa UNANG DISMISSAL dahil sa
Prescription.
ISSUE: Whether the period to file a notice of appeal should be reckoned from the first
order of dismissal?
RULING: NO!
To standardize the appeal period, the Supreme Court deems it practical to allow a fresh
period of 15 days within which to file the notice of appeal in the RTC, counted from the
receipt of the order dismissing a MNT or MR. This Fresh Period Rule apply to Rule 40,
42, 43 and 45, counted from receipt of the order denying the MNT, MR (full or partial) or
any final order of resolution. Neypes seasonably filed their notice of appeal within the
fresh period of 15 days, counted from July 22, 1998.
The fresh period of 15 days becomes significant only when a party opts to file a MNT or
MR.
To recapulate, a party litigant may either file his notice of appeal within 15 days from
receipt of the RTC decision or file it within 15 days from receipt of the final order denying
his MNT or MR. The 15-day period may be availed of only if either motion is filed;
otherwise, the decision becomes final and executor after the lapse of the original period
provided in Rule 41.