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.