GR No. 141524
September 14, 2005
Facts
Petitioners filed an action for annulment of judgment and titles of land and/or reconveyance and/or reversion with preliminary injunction before the Regional Trial Court. The Trial Court ordered the dismissal of the petitioner’s complaint which was received by the petitioner on March 3. On the 15th day or on March 18, petitioner filed a Motion for Reconsideration which was denied. Petitioner received the denial of the motion for reconsideration on July 22. Five days thereafter, petitioner filed a notice of appeal and paid the appeal fees.
Petitioner’s appeal was dismissed. The Court of Appeals argued that it was filed late and that the reglementary period to appeal commenced from March 3 or on the day that the petitioner received the order dismissing the complaint. Hence, this petition.
Petitioner argued that they had seasonably filed their notice of appeal. They argued that the 15-day reglementary period to appeal started to run only on July 22, 1998 since this was the day they received the final order of the trial court denying their motion for reconsideration.
Issue
When should the reglementary period to appeal should be counted – from the receipt of the Order dismissing the complaint or from the receipt of the Order dismissing the motion for reconsideration?
Held
The reglementary period to appeal should be reckoned from the receipt of the Order denying the motion for reconsideration.
Section 3, Rule 41 of the Rules of Civil Procedure provided that “appeal shall be taken within fifteen (15) days from the notice of the judgment or final order appealed from.” Final order is the denial of the motion for reconsideration of an order of dismissal of a complaint as it was what ended the issues raised there.
The argument of the trial court that the filing of a Motion for Reconsideration only tolled the running of the prescriptive period such that the petitioner has only one day left to file their notice of appeal should not stand. Instead, the Supreme Court provided that the petitioner is entitled to a fresh period of 15 days from receipt of the “final order” or the order dismissing their motion for reconsideration. Hence, the Supreme Court in this case promulgate what is called as the fresh period rule.
The rationale for this is that the Supreme Court may promulgate procedural rules in all courts. It has the sole prerogative to amend, repeal or even establish new rules for a more simplified and inexpensive process, and the speedy disposition of cases. In the rules governing appeals to it and to the Court of Appeals, particularly Rules 42, 27 43 28 and 45, 29 the Court allows extensions of time, based on justifiable and compelling reasons, for parties to file their appeals. These extensions may consist of 15 days or more.
Therefore, petitioners seasonably filed their notice of appeal within the fresh period of 15 days, counted from July 22, 1998 (the date of receipt of notice denying their motion for reconsideration).