FACTS:

The Department of Environment and Natural Resources (DENR) Regional Executive Director Jim O. Sampulna denied petitioner Julieta Panolino's application for a free patent over a parcel of land. Respondent Josephine L. Tajala opposed the application. Petitioner received a copy of the decision on June 27, 2007, and filed a motion for reconsideration on July 11, 2007, which was subsequently denied on September 6, 2007. Petitioner then filed a Notice of Appeal on September 19, 2007, but it was denied by RD Sampulna as it was filed beyond the reglementary period. RD Sampulna explained that the appeal should have been filed on September 13, 2007.

Petitioner argued that she still had a fresh period of fifteen days from her receipt on September 12, 2007, of a copy of the denial of her motion for reconsideration. The Court of Appeals dismissed petitioner's certiorari petition for failure to exhaust administrative remedies, and petitioner's motion for reconsideration was denied. Thus, petitioner filed a petition for review on certiorari before the Supreme Court. The main issue was whether the "fresh period rule" in Neypes applies to petitioner's case, allowing her a fresh period of fifteen days to appeal RD Sampulna's order.

ISSUES:

1. Whether the "fresh period rule" in Neypes applies to petitioner's case.

2. Whether petitioner had a fresh period of 15 days to appeal RD Sampulna's October 16, 2007 Order to the DENR Secretary, counted from her notice on September 12, 2007 of the RD's Order of September 6, 2007 denying her motion for reconsideration of the decision.

RULING:

1. The Supreme Court held that the "fresh period rule" in Neypes does not apply to petitioner's case. The Court explained that the "fresh period rule" in Neypes, which allows a fresh 15-day period to appeal from the receipt of the order denying a motion for reconsideration, only applies to cases where the reglementary period for filing the appeal has lapsed before the order denying the motion for reconsideration is received. In this case, the reglementary period for filing the appeal had not yet lapsed when petitioner received the order denying her motion for reconsideration. Therefore, petitioner did not have a fresh 15-day period to appeal RD Sampulna's October 16, 2007 Order.

PRINCIPLES:

• The reglementary period for perfecting an appeal must be strictly followed. (DENR Administrative Order No. 87, Series of 1990)

• The "fresh period rule" in Neypes applies only when the reglementary period for filing the appeal has lapsed before the order denying the motion for reconsideration is received.