B2022 REPORTS ANNOTATED
Rodriguez v People Rodriguez v People
I. Recit-ready summary
RTC convicted petitioner of violating the Unfair Competition law. After
being found guilty of the criminal case, petitioner filed a motion for reconsideration
on the 15th day of the period to appeal. 14 days after receiving the RTC order
denying his motion for reconsideration, petitioner filed his notice of appeal. This
was thereafter denied for being filed out of time. Petitioner asserts that the “fresh
period rule” applies to him. Issue is: WON it is indeed applicable to his case.
SC held that the “fresh period rule” is applicable at the instant case because
it conforms with the doctrine in Tatad, which expanded the scope of the rule. The
“fresh period rule” is applicable to criminal cases.
II. Facts of the case
This is a petition for review on Certiorari where petitioner assails the decision
(March 2, 2010) and resolution (June 29, 2010) of the CA. In this decision and
resolution, CA affirmed RTC’s denial of petitioner’s Notice of Appeal.
RTC convicted Rodriguez for Unfair Competition penalized under the
Intellectual Property Code of the PH.
After the promulgation of the Decision in the Criminal Case for unfair
competition, Rodriguez filed a motion for reconsideration before the RTC on the
15th or last day of the reglementary period to appeal.
Rodriguez filed his Notice of Appeal, 14 days after receiving the RTC Order
denying his motion for reconsideration. It was denied for being filed out of time under
Sec. 6, Rule 122 of the RRCP.
In response, Rodriguez asserts the applicability of the “fresh period rule”
doctrine found in Neypes v CA. The rule allows a fresh period of 15 days within
which to file the notice of appeal in the RTC, counted from the receipt of the order
(whether dismissing a motion for a new trial or reconsideration).1
III. Issue/s
1. WON the “fresh period rule” is applicable to appeals from conviction in
criminal cases governed by Sec. 6, Rule 122. YES
1
The coverage of the rule applies to Rule 40 (appeals from MTC to RTC); Rule 42 (petition
for review from RTC to CA); Rule 43 (appeals from quasi-judicial agencies to the CA); Rule
45 (appeals by certiorari to the SC. Neypes elucidated that the fresh period rule need not apply
G.R. NO: 192799
ARTICLE; TOPIC OF CASE: Power of SC to amend and suspend the procedural rules
October 24, 2012
IV. Ratio/Legal Basis
Sec. 6, Rule 122 – When appeal to be taken
An appeal must be taken within 15 days from the promulgation of judgment or
from notice of the final order appeal from. This period of perfecting an appeal shall
be suspended from the time a motion for new trial or reconsideration is filed until
notice of the order overruling the motion has been served upon the accused or his
counsel at which time the balance of the period begins to run.
Yu v Tatad expanded the doctrine in Neypes (which only made the fresh period
rule to the period of appeal in civil cases) to criminal cases in appeals of conviction
under Rule 122, Sec. 6. Yu decision held that it would be contrary to reason if the rule
cannot be extended to criminal cases because this creates a situation where the
litigants in a civil case has better rights than the accused in a criminal case. SC held
in Tatad that the same treatment should be given to the accused in seeking the review
on appeal of a criminal case where no less than the liberty of the accused is at stake.
Doctrine: “It is, thus, now settled that the fresh period rule is applicable in
criminal cases, like the instant case, where the accused files from a judgment of
conviction a motion for a new trial or reconsideration which is denied by the trial
court. The accused will have a 15-day reglementary period counted from the
receipt of such denial within which to file his or her notice to appeal.”
V. Disposition
We hold that the petitioner seasonably filed his notice of appeal on February 2,
2009, within the fresh period of 15 days, counted from January 19, 2009, the date of
receipt of the RTC Order denying his motion for reconsideration.
VI. Notes
Fresh period rule rationale: “The new rule [fresh period rule] aims to regiment
or make the appeal period uniform, to be counted from receipt of the order denying
the motion for a new trial, a motion for reconsideration (whether full or partial), or
any final order or resolution.”
to Rules 42, 43, and 45. This is because it Is explicit in the rules that the appellant or petition is
accorded a fresh period 15 days from the notice of decision, award, judgment, denial for a
motion for new trial.
PONENTE: Velasco Jr., J
DIGEST MAKER: Alec