See - The "Fresh Period Rule" In Neypes Applies Only To Judicial Appeals And Not To Administrative Appeals. - The Lawyer's Post
"x x x.
The Issue:
Whether or not the “fresh period rule” also apply to administrative appeals.
The Court’s ruling:
We DENY the petition. It is settled that the “fresh period rule” in Neypes applies only to judicial appeals and not to administrative appeals.
In Panolino v. Tajala,1 the Court was confronted with a similar issue of whether the “fresh period rule” applies to an appeal filed from the decision or order of the DENR regional office to the DENR Secretary, an appeal which is administrative in nature. We held in Panolino that the “fresh period rule” only covers judicial proceedings under the 1997 Rules of Civil Procedure:
The “fresh period rule” in Neypes declares:
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 bycertiorari 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.
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As reflected in the above-quoted portion of the decision in Neypes, the “fresh period rule” shall apply to Rule 40_(appeals from the Municipal Trial Courts to the Regional Trial Courts); Rule 41 (appeals from the Regional Trial Courts to the Court of Appeals or Supreme Court); Rule 42 (appeals from the Regional Trial Courts to the Court of Appeals); Rule 43 (appeals from quasi-judicial agencies to the Court of Appeals); and Rule 45 (appeals by certiorari to the Supreme Court). Obviously, these Rules coverjudicial proceedings under the 1997 Rules of Civil Procedure.
Petitioner’s present case is administrative in nature involving an appeal from the decision or order of the DENR regional office to the DENR Secretary. Such appeal is indeed governed by Section 1 of Administrative Order No. 87, Series of 1990. As earlier quoted, Section 1 clearly provides that if the motion for reconsideration is denied, the movant shall perfect his appeal “during the remainder of the period of appeal, reckoned from receipt of the resolution of denial;” whereas if the decision is reversed, the adverse party has a fresh 15-day period to perfect his appeal. (Emphasis supplied.)
In this case, the subject appeal, i.e., appeal from a decision of the HLURB Board of Commissioners to the OP, is not judicial but administrative in nature; thus, the “fresh period rule” in Neypes does not apply.
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Corollary thereto, paragraph 2, Section 1 of Administrative Order No. 18, series of 1987, provides that in case the aggrieved party files a motion for reconsideration from an adverse decision of any agency/office, the said party has the only remaining balance of the prescriptive period within which to appeal, reckoned from receipt of notice of the decision denying his/her motion for reconsideration.2 (Emphasis supplied.)
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G.R. No. 194702, April 20, 2015, SAN LORENZO RUIZ BUILDERS AND DEVELOPERS GROUP, INC. AND OSCAR VIOLAGO, PETITIONERS, VS. MA. CRISTINA F. BAYANG, RESPONDENT.
