15. Gagui vs. Dejero.pdf - SUPREME COURT REPORTS ANNOTATED VOLUME 708 G.R No 196036 ELIZABETH M GAGUI SIMEON DEJERO and PERMEJO respondents petitioner

15. Gagui vs. Dejero.pdf - SUPREME COURT REPORTS ANNOTATED...

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8/27/2019 SUPREME COURT REPORTS ANNOTATED VOLUME 708 1/21 G.R. No. 196036. October 23, 2013. * ELIZABETH M. GAGUI, petitioner, vs . SIMEON DEJERO and TEODORO R. PERMEJO, respondents. Remedial Law; Civil Procedure; Appeals; Fresh Period Rule; 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. ―We agree with petitioner that starting from the date she received the Resolution denying her Motion for Reconsideration, she had a “fresh period” of 15 days within which to appeal to this Court. The matter has already been settled in Neypes v. Court of Appeals , 469 SCRA 633 (2005), as follows: 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
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8/27/2019 SUPREME COURT REPORTS ANNOTATED VOLUME 708 2/21 review from the Regional Trial Courts to the Court of Appeals; Rule 43 on appeals from quasi-judicial agencies to the Court of Appeals and Rule 45 governing appeals by certiorari to the Supreme Court. 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. Since petitioner received the CA Resolution denying her two Motions for Reconsideration only on 16 March 2011, she had another 15 days within which to file her Petition, or until 31 March 2011. This Petition, filed on 30 March 2011, fell within the prescribed 15-day period. Corporations; A corporate officer may not be impleaded and made to personally answer for the liability of the corporation .―As to _______________ * FIRST DIVISION. 534 534 SUPREME COURT REPORTS ANNOTATED Gagui vs. Dejero the merits of the case, petitioner argues that while it is true that R.A. 8042 and the Corporation Code provide for solidary liability, this liability must be so stated in the decision sought to be implemented. Absent this express statement, a corporate officer may not be impleaded and made to personally answer for the liability of the corporation. Moreover, the 1997 Decision had already been final and executory for five
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8/27/2019 SUPREME COURT REPORTS ANNOTATED VOLUME 708 3/21 years and, as such, can no longer be modified. If at all,
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