Defendant X received an adverse Decision of the RTC in an ordinary civil case on 02 January 2003. He filed a Notice of Appeal on 10 January 2003. On the other hand, plaintiff A received the same Decision on 06 January 2003 and, on 19 January 2003, filed a Motion for Reconsideration of the Decision. On 13 January 2003, defendant X filed a Motion withdrawing his notice of appeal in order to file a Motion for New Trial which he attached. On 20 January 2003, the court denied A’s Motion for Reconsideration and X’s Motion to Withdraw Notice of Appeal. Plaintiff A received the Order denying his Motion for Reconsideration on 03 February 2003 and filed his Notice of Appeal on 05 February 2003. The court denied due course to A’s Notice of Appeal on the ground that he period to appeal had already lapsed. 6% (a) Is the court’s denial of X’s Motion to Withdraw Notice of Appeal proper? (b) Is the court’s denial of due course to A’s appeal correct?
a. NO, the court's denial of X's Motion to Withdraw Notice of Appeal was not proper. Only 10 days has passed from the receipt of the RTC decision to the filing of Motion to Withdraw Notice of Appeal in order to file a Motion for New Trial which X attached. The timeline is well within the 15 day appeal period as prescribed in Rule 40 of the Rules of Court.
ReplyDeleteb. NO, the court's denial of A's appeal was not correct. A had a fresh period of 15 days within which to file the Notice of Appeal, counting from the receipt of order denying A's Motion for Reconsideration last Feb 3. A's filing of Notice of Appeal after two days was clearly within the fresh period of 15 days. (Neypes vs CA)
a. NO, the court's denial of X's Motion to Withdraw Notice of Appeal was not proper. Only 10 days has passed from the receipt of the RTC decision to the filing of Motion to Withdraw Notice of Appeal in order to file a Motion for New Trial which X attached. The timeline is well within the 15 day appeal period as prescribed in Rule 40 of the Rules of Court.
ReplyDeleteb. NO, the court's denial of A's appeal was not correct. Juresprudence provides a fresh period of 15 days within which to file the Notice of Appeal in the RTC. (Neypes vs. CA). In this case, between A's receipt of order denying A's Motion for Reconsideration last Feb 3. and A's filing of Notice of Appeal on Feb 5, two days was clearly within the fresh period of 15 days of appeal.
a. NO, the court's denial of X's Motion to Withdraw Notice of Appeal was not proper. Only 10 days has passed from the receipt of the RTC decision to the filing of Motion to Withdraw Notice of Appeal in order to file a Motion for New Trial which X attached. The timeline is well within the 15 day appeal period as prescribed in Rule 40 of the Rules of Court.
ReplyDeleteb. NO, the court's denial of A's appeal was not correct. Juresprudence provides a fresh period of 15 days within which to file the Notice of Appeal in the RTC. (Neypes vs. CA). In this case, between A's receipt of order denying A's Motion for Reconsideration last Feb 3. and A's filing of Notice of Appeal on Feb 5, two days was clearly within the fresh period of 15 days of appeal. The ground for denial of A's appeal was incorrect, as the appeal period has not lapsed.
a. The court's denial of X's Motion to Withdraw Notice of Appeal was improper. X filed the motion within 10 days of receiving the RTC decision, well within the 15-day appeal period prescribed by Rule 40 of the Rules of Court.
ReplyDeleteb. The court's denial of A's appeal was incorrect. Jurisprudence allows for a fresh 15-day period to file a Notice of Appeal in the RTC (Neypes vs. CA). Between A's receipt of the denial on Feb 3 and A's filing on Feb 5, two days fell within this fresh appeal period. Thus, the denial of A's appeal was unfounded, as the appeal period had not expired.