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Sec. 5.

Waiver of notice
 The appellee may waive his right to a notice that an appeal has taken.
 In the interests of justice, the appellate court may entertain an appeal
notwithstanding the failure of the appellant to give such notice.

Sec. 6. When appeal to be taken


 Period of Appeal
 General Rule: Period of appeal is 15 days from the rendition or notice
thereof
 Exception: Can be extended, if it is satisfactorily shown that there is
justifiable reason for such action, like fraud, accident, mistake or
excusable negligence or similar supervening casualty without fault on
the part of the appellant.
 Mandatory and also jurisdictional and failure to do so renders the
questioned decision final and executory.

Computation of period of appeal


 The first day is excluded and the last day included
 Should the last day fall on a Sunday or holiday, the period continues to
run until the next day or a holiday which is neither a Sunday nor
holiday.
 Court may not shorten the period of appeal.

Suspension of period of appeal


 The filing of a motion for new trial or reconsideration interrupts the
running of the period to perfect an appeal until notice of the order
overruling the motion is served upon the accused or his lawyer.
 The pendency of the motion to set aside the judgment or motion for
reconsideration suspends the computation of a reglementary period to
appeal.
 NOTE: The filing of a motion for extension of time to appeal does not
suspend the running of that period.

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