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Section 6

When appeal, to be taken.—An appeal must be taken within fifteen


(15) days from promulgation of the judgment or from notice of the
final order appealed from. This period for 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.
What is the Neypes doctrine?
• It is a rule wherein if a motion for new trial or reconsideration is
denied, the movants has a fresh period of 15 days from receipt or
notice of the order denying or dismissing the motion for
reconsideration within which to file a notice to appeal.

• When NOT applicable?

• The Neypes Doctrine applies to criminal cases


(Judith Yu vs. Judge Samson, Feb. 9, 2011)
• SUPPOSE YOUR MOTION FOR NEW TRIAL HAS BEEN
APPROVED? BUT YOU ARE STILL CONVICTED THE
SECOND TIME? HOW WOULD YOU COUNT THE 15
DAY PERIOD?
Section 7
Transcribing and filing notes of stenographic reporter upon
appeal.—When notice of appeal is filed by the accused, the trial
court shall direct the stenographic reporter to transcribe his notes
of the proceedings. When filed by the People of the Philippines,
the trial court shall direct the stenographic reporter to transcribe
such portion of his notes of the proceedings as the court, upon
motion, shall specify in writing.
• The stenographic reporter shall certify to the correctness
of the notes and the transcript thereof, which shall
consist of the original and four copies, and shall file
said original and four copies with the clerk without
unnecessary delay. If death penalty is imposed, the
stenographic reporter shall, within thirty (30) days from
promulgation of the sentence, file with the clerk the
original and four copies of the duly certified transcript
of his notes of the proceedings. No extension of time
for filing of said transcript of stenographic notes shall be
granted except by the Supreme Court and only upon
justifiable grounds. (7a)
Section 8
• Transmission of papers to appellate court upon appeal.—
Within five (5) days from the filing of the notice of appeal, the
clerk of the court with whom the notice of appeal was filed
must transmit to the clerk of court of the appellate court the
complete record of the case, together with said notice. The
original and three copies of the transcript of stenographic notes,
together with the records, shall also be transmitted to the clerk
of the appellate court without undue delay. The other copy of
the transcript shall remain in the lower court. (8a)
• SEC. 9. Courts.— Appeal to the Regional Trial (a) Within five
(5) days from perfection of the appeal, the clerk of court shall
transmit the original record to the appropriate Regional Trial
Court. (b) complete Upon receipt of the record of
the case.

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