Sec. 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.
NOTE: The period of appeal seems to have been amended by the SC ruling in Domingo Neypes v. CA, GR 141524, September 14, 2005.
“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[31] to the Court of Appeals and Rule 45 governing appeals by certiorari to the Supreme Court.[32] 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.”
Although the SC has made this ruling on a civil case, it is submitted that such if the Court has applied this rule to all other appeals involving civil cases, with more reason should the defendant in a criminal case be given ample time to file his appeal.
WHEN IS APPEAL PERFECTED?
Appeals in criminal cases are perfected when the interested party or parties have personally or through their attorney filed with the clerk of court a written notice expressly stating the appeal
WHAT IS THE EFFECT OF PERFECTION OF AN APPEAL?
When an appeal has been perfected, the court a quo loses jurisdiction
WHAT IS THE DIFFERENCE BETWEEN THE APPEAL OF A JUDGMENT AND THE APPEAL OF AN ORDER?
The appeal from judgment must be perfected within 15 days from promulgation
The appeal from an order should be perfected within 15 days from notice of final order
