Title
Supreme Court
Yu vs. Samson-Tatad
Case
G.R. No. 170979
Decision Date
Feb 9, 2011
Judith Yu, convicted of estafa, appealed using the "fresh period rule" after her motion for new trial was denied. Supreme Court ruled the rule applies to criminal cases, granting her appeal.

Case Digest (G.R. No. 170979)
Expanded Legal Reasoning Model

Facts:

  • Conviction and Penalty
    • Spouses Sergio and Cristina Casaclang filed a complaint for estafa against petitioner Judith Yu.
    • In a May 26, 2005 decision, RTC Branch 105, Quezon City, convicted Yu of estafa and imposed:
      • Three months of arresto mayor;
      • A fine of ₱3,800,000.00 with subsidiary imprisonment; and
      • An indemnity to the complainants in the same amount as the fine.
  • Motion for New Trial and Denial
    • On June 9, 2005, Yu filed a motion for new trial, alleging newly discovered evidence that would exculpate her.
    • On October 17, 2005, Judge Rosa Samson-Tatad denied the motion for lack of merit.
  • Notice of Appeal and Subsequent RTC Actions
    • Yu received notice of the denial on November 3, 2005, and on November 16, 2005 filed a notice of appeal, invoking the “fresh period rule” from Neypes v. Court of Appeals (15 days from receipt of denial).
    • On November 24, 2005, the RTC ordered Yu to submit a copy of Neypes.
    • On December 8, 2005, the prosecution moved to dismiss the appeal as filed beyond the reglementary period and, on January 4, 2006, moved for execution of the decision.
    • On January 26, 2006, Yu filed a petition for prohibition under Rule 65 of the Rules of Court, praying for a TRO and preliminary injunction to enjoin the RTC from acting on the prosecution’s motions.
  • Respondents’ Positions
    • The Office of the Solicitor General (OSG) manifested that the Neypes fresh period rule applies equally to criminal cases to standardize appeal periods under the Rules of Court.
    • The Spouses Casaclang maintained that Neypes involved civil procedure only and did not extend to Section 6, Rule 122 of the Revised Rules of Criminal Procedure.

Issues:

  • Whether the “fresh period rule” enunciated in Neypes v. Court of Appeals applies to the 15-day reglementary period to appeal in criminal cases under Section 6, Rule 122 of the Revised Rules of Criminal Procedure.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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