RETROACTIVE EFFECT OF THE FRESH PERIOD OF 15 DAYS:

     To standardize the appeal periods and afford litigants fair opportunity to appeal their cases, the Supreme Court ruled in Neypes v. Court of Appeals that litigants must be given a fresh period of 15 days within which to appeal, counted from receipt of the order dismissing a motion for a new trial or motion for reconsideration under Rules 40, 41, 42, 43 and 45 of the Rules of Court.  In Fil-Estate Properties, Inc. v. Homena-Valencia, the Supreme Court held that thei principle retroactively applies even to cases pending prior to the promulgation of Neypes on September 14, 2005, there being no vested rights in the rules of procedure (ELENA JANE DUARTE VS. MIGUEL SAMUEL, A.E. DURAN, G.R. NO. 173038, SEPTEMBER 14, 2011, DEL CASTILLO, J.).