DOMINGO NEYPES, et. al. v.

THE COURT OF APPEALS

G.R. No. 141524, 14 September 2005, EN BANC (Corona, J.)
Petition for Review

EMERGENCY RECIT

Petitioners’ complaint was dismissed by the trial court. Thus, the petitioners filed a notice of appeal but
the court a quo denied the notice of appeal saying that it was filed late. The lower court argued that the MR
only interrupted the running of the 15-day appeal period. It ruled that petitioners, having filed their MR on the
last day of the 15-day reglementary period to appeal, had only one (1) day left to file the notice of appeal upon
receipt of the notice of denial of their MR.

The Supreme Court ruled that a party litigant may either file his notice of appeal within 15 days from
receipt of the Regional Trial Courts decision or file it within 15 days from receipt of the order (the final order)
denying his motion for new trial or motion for reconsideration.

FACTS

Petitioners Neypes et. al. 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 against the Bureau
of Forest Development Bureau of Lands, Land Bank of the Philippines and the heirs of Bernardo del Mundo.

In the course of the proceedings, both the petitioner and respondents filed several motions with the trial
court. Petitioners filed a motion to declare respondents’ in default, and the latter filed a motion to dismiss.

The trial court dismissed petitioners’ complaint (and also the motion for reconsideration) on the ground
that the action had already prescribed. Thus, five days later, petitioners filed a notice of appeal and paid the
appeal fees. However, the court a quo denied the notice of appeal, holding that it was filed eight days late.
Petitioners’ motion for reconsideration was also denied.

Via a petition for certiorari and mandamus under Rule 65 of the 1997 Rules of Civil Procedure,
petitioners assailed the dismissal of the notice of appeal before the Court of Appeals.

In the appellate court, petitioners claimed 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. When they filed their
notice of appeal on July 27, 1998, only five days had elapsed and they were well within the reglementary
period for appeal.

However, the CA dismissed the petition. It ruled that the 15-day period to appeal should have been
reckoned the day they received the order dismissing their complaint which is February 12,1998.

ISSUE

1. What therefore should be deemed as the final order, receipt of which triggers the start of the 15-day
reglementary period to appeal the February 12, 1998 order dismissing the complaint or the July 1, 1998
order dismissing the MR?
2. Whether or not the petitioners filed their notice of appeal in time

RULING

1. The Supreme Court ruled that it was the denial of the motion for reconsideration of an order of dismissal of
a complaint which constituted the final order as it was what ended the issues raised there (Quelan v. VHF
Philippines, Inc.; Apuyan v. Haldeman et. al.)
Based on the aforementioned cases, we sustain petitioners view that the order dated July 1, 1998 denying
their motion for reconsideration was the final order contemplated in the Rules.

2. YES. (take note of Section 39 of BP 1291)

Under Rule 41, Section 3, petitioners had 15 days from notice of judgment or final order to appeal the
decision of the trial court. On the 15th day of the original appeal period (March 18, 1998), petitioners did not file
a notice of appeal but instead opted to file a motion for reconsideration. According to the trial court, the MR
only interrupted the running of the 15-day appeal period. It ruled that petitioners, having filed their MR on the
last day of the 15-day reglementary period to appeal, had only one (1) day left to file the notice of appeal upon
receipt of the notice of denial of their MR. Petitioners, however, argue that they were entitled under the Rules
to a fresh period of 15 days from receipt of the final order or the order dismissing their motion for
reconsideration.

To standardize the appeal periods provided in the Rules and to afford litigants fair opportunity to appeal
their cases, the Court deems it practical to allow a fresh period of 15 days within which to file the notice of
appeal in the Regional Trial Court, counted from receipt of the order dismissing a motion for a new trial or
motion for reconsideration.

Henceforth, this fresh period rule shall also apply to Rule 40 governing appeals from the Municipal Trial
Courts to the Regional Trial Courts; Rule 42 on petitions for review from the Regional Trial Courts to the Court
of Appeals; Rule 43 on appeals from quasi-judicial agencies to the Court of Appeals and Rule 45 governing
appeals by certiorari to the Supreme Court. The new rule aims to regiment or make the appeal period uniform,
to be counted from receipt of the order denying the motion for new trial, motion for reconsideration (whether full
or partial) or any final order or resolution.

We thus hold that 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).

To recapitulate, a party litigant may either file his notice of appeal within 15 days from receipt of the
Regional Trial Courts decision or file it within 15 days from receipt of the order (the final order) denying his
motion for new trial or motion for reconsideration. Obviously, the new 15-day period may be availed of only if
either motion is filed; otherwise, the decision becomes final and executory after the lapse of the original appeal
period provided in Rule 41, Section 3.

Petitioners here filed their notice of appeal on July 27, 1998 or five days from receipt of the order
denying their motion for reconsideration on July 22, 1998. Hence, the notice of appeal was well within the fresh
appeal period of 15 days, as already discussed.

1
Section 39. Appeals. – The period for appeal from final orders, resolutions, awards, judgments, or decisions of any court in all cases
shall be fifteen (15) days counted from the notice of the final order, resolution, award, judgment, or decision appealed from:
Provided however, That in habeas corpus cases, the period for appeal shall be forty-eight (48) hours from the notice of the judgment
appealed from.