Case Digest: Judith Yu vs Samson-Tatad

By ResIpsaLoquitor -
Judith Yu vs Samson-Tatad

GR No. 170979                                                                     February 9, 2011

Facts:
An information for estafa against the petitioner (Judith Yu) was filed with the RTC which convicted the petitioner as charged. Fourteen days later, the petitioner filed a motion for new trial with the RTC, alleging that she discovered new and material evidence that would exculpate her of the crime for which she was convicted. The respondent judge denied the petitioner's motion for new trial for lack of merit.

The petitioner filed a notice of appeal with the RTC, alleging she had a fresh period of 15 days from the receipt of the denial of her motion for new trial, within which to file a notice of appeal. The prosecution filed a motion to dismiss the appeal fore being belatedly filed and a Motion for execution of the decision.

Issue:
Does the fresh period rule apply to appeals in criminal cases?

Ruling:
Yes, to standardize the appeal period provided in the Rules and do away with the confusion as to when the 15-day appeal period should be counted. Thus, the 15-day period to appeal is no longer interrupted by the filing of a motion for new trial or motion for reconsideration, litigants today need not concern themselves with counting the balance of the 15-day period to appeal since the 15-day period is now counted from the receipt of the order dismissing a motion for new trial or motion for reconsideration or any final order or resolution.


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