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NEYPES RULE; FRESH PERIOD RULE

If a motion for reconsideration or new trial is denied, the movant shall a fresh period of 15 days
from receipt or notice of the order denying or dismissing the motion for reconsideration within
which to file a notice of appeal.

If there is no MR or NT is filed, the 15-period for appeal shall run from notice of judgment.

This fresh period rule shall also apply to:


Rule 40, 41, 42, 43 and 45.

It must also be noted that Neypes rule applies only to judicial proceedings. BP 129 does not make
a distinction between period to appeal in a civil case and in a criminal case. As such, it includes
criminal proceedings.

ORDER OF DENIAL OF MR OR NT IS NOT APPEALABLE


The fresh period rule does not refer to the period within which to appeal from the order denying
the motion for reconsideration, but to the period within which to appeal from judgment itself
because an order denying a MR or NT is not appealable.

The correct remedy from an order denying MR or NT is to appeal the judgment or final order.

(An Admin. Matter 07-7-12-SC deleted the “an order denying a MR or NT” from which Rule 65
may be availed)

EFFECT OF GRANTING A MOTION FOR RECONSIDERATION


If the court grants the motion for reconsideration, it may AMEND the judgment or final order
appealed from.

It shall be considered a NEW judgment which supersedes the original judgment.

PARTIAL RECONSIDERATION
If the grounds for a motion under this Rule appear to the court to affect the issues as to only a
part, or less than an of the matter in controversy, or only one, or less than all, of the parties to it,
the court may order a new trial or grant reconsideration as to such issues if severable without
interfering with the judgment or final order upon the rest.

The court may either enter a judgment or final order as to the rest, or stay the enforcement of
such judgment or final order until after the new trial.

2ND MOTION RULE


General Rule: No party shall be allowed a second motion for reconsideration of a judgment or
final order.
Exception: The Supreme Court has held that a second motion for reconsideration can only be
allowed on extraordinarily persuasive reasons and only after an express leave shall have first
been obtained.

MOTION FOR RECONSIDERATION IN APPEALED CASES


A party may file a motion for reconsideration of a judgment or final resolution within fifteen (15)
days from notice thereof, with proof of service on the adverse party.

In the Court of Appeals, a motion for reconsideration shall be resolved within ninety (90) days
from the date when the court declares it submitted for resolution.

The pendency of a motion for reconsideration filed on time and by the proper party shall stay the
execution of the judgment or final resolution sought to be reconsidered unless the court, for
good reasons, shall otherwise direct.

 Motion for new trial


A motion for reconsideration is prohibited in:
- Summary procedure
- Small claims cases

However, it is allowed in environmental cases.

WHEN TO FILE
A motion for new trial is filed within the period for taking appeal No motion for extension of time
to file a motion for new trial shall be allowed depending on whether the appeal is by notice of
appeal (15 days from notice of judgment or final order appealed from) or record on appeal (30
days from notice of judgment or final order appealed from).

EFFECT: filing of a timely motion interrupts the period to appeal.

GROUNDS FOR A MOTION FOR NEW TRIAL


The motion must be in writing, a written notice of which must be served on the adverse party
and may be anchored on any of the following grounds: (FAME, NDE)
 Fraud, accident, mistake or excusable negligence which ordinary prudence could not have
guarded against and by reason of which such aggrieved party has probably been impaired
in his rights; or

 Newly discovered evidence, which he could not, with reasonable diligence, have
discovered and produced at the trial, and which if presented would probably alter the
result.

AFFIDAVIT OF MERIT
An affidavit merit is required in a MNT found upon FAME. The facts constituting movant’s good
and substantial defense must be shown in the affidavit of merits.
REQUISITES FOR A MNT ON THE GROUND OF NDE
- Evidence is discovered after trial
- Such evidence could not be discovered and produced at the trial even with the exercise
of reasonable
- That the evidence is material
- The it is of such weight that would probably change the judgment, if admitted

PRO FORMA MOTION


A pro forma motion is one which does satisfy the requirements of the rules and will be treated
as a motion intended to delay the proceedings.

FAME
 Fraud as a ground of MNT is extrinsic fraud where it prevents a party from having a trial
or from presenting his entire case to the court. (prevailing party prevented a party from
having his day in court). It is committed outside trial.
The motion for reconsideration referred to under Rule 37 is one that is directed against a
judgment or final order. It is not a motion for reconsideration of an interlocutory order which
normally precedes a petition for certiorari under Rule 65.

A motion for reconsideration is prohibited in:


o Summary procedure
o Small claims cases
o Writ of amparo
o Habeas data (the one which is prohibited is one directed against an interlocutory order
or interim relief order.)

However, it is allowed in environmental cases.

WHEN TO FILE
A motion for reconsideration of a judgment or final order is filed within the period for taking an
appeal depending on whether the appeal is by notice of appeal (15 days from notice of judgment
or final order appealed from) or record on appeal (30 days from notice of judgment or final order
appealed from).

Such periods begin upon receipt of notice by the counsel of records, which is considered official
notice to the parties and receipt of the judgment.

EFFECT OF FILING A MR
The timely filing of a MR interrupts the period of appeal.

GROUNDS FOR MR
The MR must be in writing, a written notice of which must be served on the adverse party and
may be anchored on any of the following grounds: (LIE)
 Damages awarded are excessive
 Evidence is insufficient to justify the decision or final order
 That the decision or final order is contrary to law.

It is necessary for MR to specifically point out the findings or conclusions of judgment or final
order which are not supported by the evidence or which are contrary to law, making express
reference to the testimonial or documentary evidence or provisions of law alleged to be contrary
to such findings or conclusions.

Non-compliance with this requirement would reduce the motion to a mere pro forma motion. As
such, a pro forma motion shall not interrupt the reglementary period.

PRO FORMA MOTION


A pro forma motion is one which does satisfy the requirements of the rules and will be treated
as a motion intended to delay the proceedings such as:
- Second motion for reconsideration (2ND MOTION RULE)
- It did not comply with the rule that the motion must specify the findings and conclusions
alleged to be contrary to law or not supported by the evidence
- Failed to substantiate the alleged errors
- It merely alleged that the decision in question was contrary to law
- Adverse party was not given notice thereof

However, where the circumstances of a case do not show an intent on the part of the pleader to
merely delay the proceedings and his motion reveals bona fide effort to preset additional
matters, the court should be slow to declare the same outright as pro forma.

RESOLUTION OF MOTION
The motion shall be resolved within 30 days from the time it is submitted for resolution.