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Neypes Vs CA Digest

Petitioners filed a complaint that was dismissed by the trial court. Petitioners filed a motion for reconsideration that was denied. Petitioners then filed a notice of appeal. The Court of Appeals found the notice of appeal was untimely as it should have been filed within 15 days of receiving the initial dismissal, not the denial of reconsideration. However, the Supreme Court ruled the notice of appeal was timely. It found the rules allow 15 days to file an appeal from either the judgment or the order denying reconsideration. As petitioners filed within 15 days of receiving the denial of reconsideration, their notice of appeal was timely.

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496 views1 page

Neypes Vs CA Digest

Petitioners filed a complaint that was dismissed by the trial court. Petitioners filed a motion for reconsideration that was denied. Petitioners then filed a notice of appeal. The Court of Appeals found the notice of appeal was untimely as it should have been filed within 15 days of receiving the initial dismissal, not the denial of reconsideration. However, the Supreme Court ruled the notice of appeal was timely. It found the rules allow 15 days to file an appeal from either the judgment or the order denying reconsideration. As petitioners filed within 15 days of receiving the denial of reconsideration, their notice of appeal was timely.

Uploaded by

Christine Gel Madrilejo
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Santiago, Sandra Sabrina Y.

September 14, 2013


CASE DIGEST Legal Writing
Domingo Neypes vs Court of Appeals (Saturdays 6-8pm)
(Sept. 14, 2005, G.R. no 141524)

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
against private respondents. On February 12, 1998, the trial court dismissed petitioners’
complaint on the ground that the action had already prescribed.
Petitioners allegedly received a copy of the order of dismissal on March 3, 1998 and, on
th
the 15 day thereafter or on March 18, 1998, filed a motion for reconsideration. The trial court
issued another order dismissing the motion for reconsideration which petitioners received on
July 22, 1998. Five days later, on July 27, 1998, petitioners filed a notice of appeal. The court a
quo denied the notice of appeal, holding that it was filed eight days late.
Petitioners assailed the dismissal of the notice of appeal before the Court of Appeals
where it was dismissed. The appellate court ruled that the 15-day period to appeal should have
been reckoned from March 3, 1998 or the day they received the February 12, 1998 order
dismissing their complaint.

ISSUE:
Whether or not petitioners filed their notice of appeal on time

RULING:
YES. Petitioners seasonably filed their notice of appeal within the fresh period of 15
days, counted from July 22, 1998 or the date of receipt of notice denying their motion for
reconsideration.
This pronouncement is not inconsistent with Rule 41, Section 3 of the Rules which states
that the appeal shall be taken within 15 days from notice of judgment or final order appealed
from. The use of the disjunctive word “or” signifies disassociation and independence of one
thing from another. It should, as a rule, be construed in the sense in which it ordinarily implies.
Hence, the use of “or” in the above provision supposes that the notice of appeal may be filed
within 15 days from the notice of judgment or within 15 days from notice of the “final order,”
which we already determined to refer to the July 1, 1998 order denying the motion for a new
trial or reconsideration.
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.

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