APPEALS Rule 40 APPEAL FROM MUNICIPAL TRIAL COURTS TO THE REGIONAL TRIAL COURTS APPEAL.

The law on appeal starts from Rule 40 to Rule 56. Usually the appeal is from the trial court to the next hi her court. Un!er the "u!iciary law# appeals from the $T% shoul! &e to the RT% which is o'erne! &y Rule 40. An! when the case is trie! &y the RT% an! you want to appeal# normally# the appeal shoul! &e to the %A un!er Rule 4(. )e will stic* to the &asic rule on appeal foun! in the "u!iciary law# +ection ,-# .P (/-0 Sec 39. Appeals. - The period for appeal from final orders, resolutions, awards, judgments or decisions of any court in all cases shall e fifteen !"#$ days counted from the notice of the final order, resolution, award, judgment, or decision appealed from% &ro'ided, howe'er, That in ha eas corpus cases, the period for appeal shall e forty-eight !4($ hours from the notice of the judgment appealed from. )o record on appeal shall e re*uired to ta+e an appeal. ,n lieu thereof, the entire original record shall e transmitted with all the pages prominently num ered consecuti'ely, together with an inde- of the contents thereof. This section shall not apply in appeals in special proceedings and in other cases wherein multiple appeals are allowed under applica le pro'isions of the Rules of .ourt. There are three 1,2 instances un!er +ection ,-0 Type of Case A. %i'il Actions in eneral .. +pecial Procee!in s an! %i'il Actions where multiple appeal is allowe! %. 4a&eas %orpus Period to appeal (5 !ays ,0 !ays 45 hours Requisites for appeal 3otice of appeal (. 3otice of Appeal /. Recor! on Appeal 3otice of Appeal

+o this is the eneral outline of the law on appeals un!er +ection ,-# .P (/-. 6EDITORS NOTE: The 457hour perio! to appeal in ha&eas corpus cases un!er +ection ,- of .P (/- is now incorporate! in Rule 4(# +ection , as amen!e!# which too* effect last 8uly (5# /000 1A.$. 3o. 0(7(70,7 +%29 Rule 40 refers to appeal from the $T% to the RT%. The appellate "uris!iction of the RT% is foun! in +ection //# .P (/-. That is why Rule 40 is re'ol'in aroun! that pro'ision0 /& "09, Sec. 00. Appellate jurisdiction. - Regional Trial .ourts shall e-ercise appellate jurisdiction o'er all cases decided y 1etT.s, 1T.s and 1.T.s in their respecti'e territorial jurisdictions. Such cases shall e decided on the asis of the entire record of the proceedings had in the court of origin and such memoranda and2or riefs as may e su mitted y the parties or re*uired y the RT.s. The decision of the RT.s in such cases shall e appeala le y petition for re'iew

to the .3 which may gi'e it due course only when the petition show prima facie that the lower court has committed an error of fact or law that will warrant a re'ersal or modification of the decision or judgment sought to e re'iewed. Let us now o to +ection ( of Rule 400 Section ". Where to appeal. 3n appeal from a judgment or final order of a 1unicipal Trial .ourt may e ta+en to the Regional Trial .ourt e-ercising jurisdiction o'er the area to which the former pertains. The title of the case shall remain as it was in the court of origin, ut the party appealing the case shall e further referred to as the appellant and the ad'erse party as the appellee. !n$ +o from the $T%# the appeal is to the RT% exercisin "uris!iction o'er the area to which the former pertains. That is why un!er the "u!iciary law# e'ery RT% has a !esi nate! territorial area. +o# if you want to appeal from the !ecision of the $T% of :a'ao %ity# you appeal to the RT% of :a'ao. ;ou !o not ma*e your appeal to the RT% of Ta um &ecause it !oes not exercise "uris!iction o'er :a'ao %ity. An! ta*e note un!er +ection (# it is now re<uire! that when you appeal from the $T% to the RT%# you shoul! in!icate in the caption of the case who is the APPELLANT an! the APPELLEE. This is also the proce!ure when you are appealin to the +%. The appellant is the party appealin the case while the appellee is the a!'erse party. +o for example# the ori inal title of the case in the $T% is0 = JOBOY, plaintiff vs. BROSIA, defendant. >f 8o&oy will appeal the case# the title of the case now in the RT% will &e0 = JOBOY, plaintiff appellant vs. BROSIA, defendant appellee. ?r# if .rosia will &e the one appealin the case# the title now will &e0 = JOBOY, plaintiff appellee vs. BROSIA, defendant appellant. The perio! to appeal is in +ection /0 Sec. 0. When to appeal. 3n appeal may e ta+en within fifteen !"#$ days after notice to the appellant of the judgment or final order appealed from. 4here a record on appeal is re*uired, the appellant shall file a notice of appeal and a record on appeal within thirty !30$ days after notice of the judgment or final order. The period of appeal shall e interrupted y a timely motion for new trial or reconsideration. )o motion for e-tension of time to file a motion for new trial or reconsideration shall e allowed. !n$ >n relation to certain "urispru!ence# the (57!ay perio! cannot &e exten!e!. 1Lacsamana 's. >A%# (4, +%RA 64,2 >t cannot &e exten!e! &ut it can &e interrupte! &y a timely motion for new trial or reconsi!eration. An! no motion for extension of time to file a motion for new trial or reconsi!eration shall &e allowe!. 1+ection /2 @0 4ow a&out the ,07!ay perio!A >s the ,07!ay perio! exten!i&leA A. ;E+. >t is exten!i&le for recor! on appeal# on the con!ition that the $otion to Exten! must &e file! within the ori inal ,0 !ays an! pro'i!e! further that the mo'ant has no ri ht to expect that his motion will &e rante!.

+o the (57!ay perio! can ne'er &e exten!e! &ut the ,07!ay perio! is exten!i&le &ase! on "urispru!ence. This is &ecause a notice of appeal is normally a one7para raph !ocument. ;ou can !o that in "ust 5 minutes. .ut a recor! on appeal is ma*apal. That is why it is ,0 !ays. +ometimes *ulan in pa yun ,07!ay perio!. +o you can exten! it pro'i!e! you file the motion for extension !urin the ori inal ,07!ay perio!. Sec. 3. How to appeal. The appeal is ta+en y filing a notice of appeal with the court that rendered the judgment or final order appealed from. The notice of appeal shall indicate the parties to the appeal, the judgment or final order or part thereof appealed from, and state the material dates showing the timeliness of the appeal. 3 record on appeal shall e re*uired only in special proceedings and in other cases of multiple or separate appeals. The form and contents of the record on appeal shall e as pro'ided in section 5, Rule 4". .opies of the notice of appeal, and the record on appeal where re*uired, shall e ser'ed on the ad'erse party. !n$

@0 4ow !o you appealA A0 Un!er +ection ,# you file a 3otice of Appeal to the court that ren!ere! "u! ment# so $T%. An! it !s"all indi#ate t"e pa$ties t% t"e appeal, t"e &'d()ent %$ final %$de$ %$ pa$t t"e$e%f appealed f$%), and state t"e )ate$ial dates s"%*in( t"e ti)eliness %f t"e appeal. Bor example0 Notice of Appeal Defendant hereby serves notice that he is appealing to the RTC from the judgment rendered by the MTC dated March 5, 199 copy of !hich !as received by him on March 15, 199 " +o it is 'ery simple to ma*e. An! you must in!icate exactly not only the !ate of the !ecision &ut also the !ate when you recei'e! it &ecause the runnin of the perio! to appeal !oes not run from the !ate of the !ecision &ut from the time you recei'e! it. That is why the rule says# you =must state the material !ates showin the timeliness of the appeal.C 1Recor! on appeal is !iscusse! in Rule 4(# +ection 6.2 ?f course# the a!'erse party shoul! &e furnishe! with a copy of the notice of appeal. Sec. 4. Perfection of appeal; effect thereof. The perfection of the appeal and the effect thereof shall e go'erned y the pro'isions of section 9, Rule 4". @0 )hen is the appeal !eeme! perfecte!A A0 +ee !iscussion un!er +ection -# Rule 4(. Brom the moment the appeal is !eeme! perfecte!# the $T% loses "uris!iction o'er the case. An! &y fiction of law# "uris!iction is automatically transferre! to the RT%. Sec. #. Appellate court docket and other lawful fees. 4ithin the period for ta+ing an appeal, the appellant shall pay to the cler+ of the court which rendered the judgment or final order appealed from the full amount of the appellate court doc+et and other lawful fees. &roof of payment thereof shall e transmitted to the appellate court together with the

original record or the record on appeal, as the case may !n$

e.

)ithin the perio! to appeal 1normally within (5 !ays2# the appellant must pay the !oc*et fee. +o that when the recor!s are transmitte!# &aya! na. E'en &efore this rule came out# the payment of appellate !oc*et fee is really re<uire!. The rule is the same. @0 +uppose > will file my 3otice of Appeal within (5 !ays &ut > will not pay the !oc*et fee# shoul! my appeal &e !ismisse!A >s it an a!!itional re<uirement for appealA A0 >n the case of SANTOS vs. COURT OF APPEALS 253 SCRA 32 !"## $ %SSUE0 )ill the failure to pay appellate fee automatically cause the !ismissal of the appeal in the $T% to the RT% A &EL'0 The payment of appellate fee is foun! in +ection 5 of Rule (4(. .ut the +% o&ser'e! that the only re<uirement is 3otice of Appeal. There is no mention of appellate fee. The payment of appellate fee is not a re<uisite to the perfection of an appeal althou h Rule (4( !oes not specify when sai! payment shall &e ma!e. >t !oes not automatically result in the !ismissal of the appeal unless it affects the "uris!iction. The !ismissal &ein !iscretionary on the part of the appellate court# such !ismissal shoul! &e exercise! wisely. This rulin is still applica&le. Althou h +ection 5 prescri&es that within the perio! to ta*e appeal you must pay the !oc*et fee. >f you !o not pay it# it may not cause ips% fa#t% the !ismissal of your appeal. .ut the cler* of court may refuse to transmit the recor! to the RT% until you pay. +o !oc*et fee is not a re<uirement to perfect an appeal althou h it is an o&li ation also. Sec. 5. Duty of the clerk of court. 4ithin fifteen !"#$ days from the perfection of the appeal, the cler+ of court or the ranch cler+ of court of the lower court shall transmit the original record or the record on appeal, together with the transcripts and e-hi its, which he shall certify as complete, to the proper Regional Trial .ourt. 3 copy of his letter of transmittal of the records to the appellate court shall e furnished the parties. !n$ )hat is the re<uirement to perfect an appealA >t is notice of appeal only or recor! on appeal also for special procee!in s. +ection 5 of this rule now states that when the party ta*es an appeal# it is the o&li ation of the appellant to pay the appellate !oc*et fee which is impose! &y Rule (4( so that the cler* of the $T% will ele'ate the appeal to the $T%. Sec. 6. Procedure in the Regional Trial Court. !a$ upon receipt of the complete record or the record on appeal, the cler+ of court of the Regional Trial .ourt shall notify the parties of such fact. ! $ 4ithin fifteen !"#$ days from such notice, it shall e the duty of the appellant to su mit a memorandum which shall riefly discuss the errors imputed to the lower court, a copy of which shall e furnished y him to the ad'erse party. 4ithin fifteen !"#$ days from receipt of the appellant7s memorandum, the appellee may file his memorandum. 8ailure of

the appellant to file a memorandum shall e a ground for dismissal of the appeal. !c$ 9pon the filing of the memorandum of the appellee, or the e-piration of the period to do so, the case shall e considered su mitted for decision. The Regional Trial .ourt shall decide the case on the asis of the entire record of the proceedings had in the court of origin and such memoranda as are filed. !n$ )hat happens if the case reaches the RT%A +ection D answers it. The cler* court shall notify the parties. )hat is important here is para raph 6&9# a ra!ical pro'ision0 ! $ 4ithin fifteen !"#$ days from such notice, it shall e the duty of the appellant to su mit a memorandum which shall riefly discuss the errors imputed to the lower court, a copy of which shall e furnished y him to the ad'erse party. 4ithin fifteen !"#$ days from receipt of the appellant7s memorandum, the appellee may file his memorandum. 8ailure of the appellant to file a memorandum shall e a ground for dismissal of the appeal. The proce!ure un!er the ?L: RULE+ is foun! on +ection // of the >nterim Rules. )hen the case is appeale! to the RT%# the case will &e !eci!e! &y the RT% &ase! on the recor! on appeal to ether with a memoran!um as the court may re<uire the parties. >n other wor!s# the court may or may not re<uire the parties to file a memoran!um. 3?)# the present rule says# within (5 !ays from notice# it is your o&li ation to file a memoran!um. >f the appellant fails to file a memoran!um in the RT%# his appeal will &e !ismisse!. The filin of an appeal memoran!um in the RT% is man!atory &ecause you must point out to the RT% *un saan na *amali. ;ou help the RT% "u! e loo* for the error. @0 +uppose the appellant has file! his memoran!um an! it is the appellee who faile! to file his memoran!um. )hat is the effect of such failureA A0 Un!er para raph 6c9# the case shall &e su&mitte! for !ecision without appelleeEs memoran!um. An! it !oes not necessarily mean that the appellee will lose the case &y not filin his memoran!um &ecause for all you *now the !ecision of the lower court is 'ery clear# whether he files a memoran!um or not# he will still wins. Another ra!ical chan e is +ection 50 Sec. (. Appeal fro orders dis issing case without trial; lack of jurisdiction. ,f an appeal is ta+en from an order of the lower court dismissing the case without a trial on the merits, the Regional Trial .ourt may affirm or re'erse it, as the case may e. ,n case of affirmance and the ground of dismissal is lac+ of jurisdiction o'er the su ject matter, the Regional Trial .ourt, if it has jurisdiction thereo'er, shall try the case on the merits as if the case was originally filed with it. ,n case of re'ersal, the case shall e remanded for further proceedings. ,f the case was tried on the merits y the lower court without jurisdiction o'er the su ject matter, the Regional Trial .ourt on appeal shall not dismiss the case if it has original jurisdiction thereof, ut shall decide the case in accordance with the preceding section, without prejudice to

the admission of amended pleadings and additional e'idence in the interest of justice. !n$ The case was !ismisse! &y the $T% without trial on the merits. PR?.LE$0 Tomas file! a case a ainst Fa 3oli to collect a loan of P50#000 &efore the $T%. .ut upon motion to !ismiss alle in that $T% has no "uris!iction# the court !ismisse! the complaint without trial. That is !isposin of the case without trial. 3ow# RT% sai!# !+T, "as &'$isdi#ti%n. @0 >n that case# what will the RT% !oA A0 The RT% will or!er the $T% to con!uct trial. PR?.LE$0 +uppose the complaint file! &y Tomas a ainst Fa 3oli is for P500#000 &efore the $T%. >t is clear that the $T% has no "uris!iction. Fa 3oli mo'e! to !ismiss the case an! it was !ismisse!. .ut Tomas appeale! to the RT% &elie'in that the !ismissal was wron . ?f course the or!er of the $T% is correct. >t shoul! ha'e &een file! with the RT%. @0 )hat will happen now to the caseA A0 The RT% will not !ismiss the case &ut instea! assumes "uris!iction. The RT% which has "uris!iction# shall try the case on the merits as if the case was ori inally file! in the RT%. The secon! para raph has sli ht mo!ification0 PR?.LE$0 Tomas files a case a ainst Fa 3oli for P500#000 &efore the $T%. Fa 3oli file a motion to !ismiss on the roun! of lac* of "uris!iction. .ut the motion to !ismiss of Fa 3oli was !enie! an! the court trie! the case. +o# the trial is 'oi!. The "u! ment ren!ere! is also 'oi!. +o Fa 3oli appeale!. @0 )hat will happen on appeal from the !ecision of the $T% which trie! a case e'en thou h it has no "uris!iction o'er itA A0 +ince the !ecision 1on the merits2 was appeale! to the RT%# the RT% will assumes "uris!iction o'er the case. The RT% will con'ert the appellate "uris!iction into an ori inal "uris!iction instea! of !ismissin an appeal. >t will treat it as if it has &een file! for the first time in the RT% an! not as an appeale! case. The purpose here is to a'oi! !ou&le payment of !oc*et fees. Sec. 9. Applica!ility of Rule "#. The other pro'isions of Rule 4" shall apply to appeals pro'ided for herein insofar as they are not inconsistent with or may ser'e to supplement the pro'isions of this Rule. !n$ Rule 4( pro'isions may also &e use! in appeals from $T% to RT%. >t is more comprehensi'e. >t refers to appeal from RT% to %A on cases !eci!e! &y the RT% pursuant to its ori inal "uris!iction. This is also applica&le to Rule 40 insofar as they are not inconsistent. 7o?o7 Rule 4" APPEAL FROM THE REGIONAL TRIAL COURTS

$a"ority of the important rules are foun! here in Rule 4(. Section ". $u!ject of appeal. 3n appeal may e ta+en from a judgment or final order that completely disposes of the case, or of a particular matter therein when declared y these Rules to e appeala le. )o appeal may e ta+en from%

!a$ 3n order denying a motion for new trial or reconsideration: ! $ 3n order denying a petition for relief or any similar motion see+ing relief from judgment: !c$ 3n interlocutory order: !d$ 3n order disallowing or dismissing an appeal: !e$ 3n order denying a motion to set aside a judgment y consent, confession or compromise on the ground of fraud, mista+e or duress, or any other ground 'itiating consent: !f$ 3n order of e-ecution: !g$ 3 judgment or final order for or against one or more of se'eral parties or in separate claims, counterclaims, crossclaims and third-party complaints, while the main case is pending, unless the court allows an appeal therefrom: and !h$ 3n order dismissing an action without prejudice. ,n all the a o'e instances where the judgment or final order is not appeala le, the aggrie'ed party may file an appropriate special ci'il action under Rule 5#. !n$ @0 )hat or!ers or "u! ment are su&"ect to appeal A A0 ?nly -INAL "u! ments or or!ers can &e appeale! as !istin uishe! from interlocutory "u! ments or or!ers 1para raph 6c92which are not appeala&le. -INAL J.D/+ENT OR ORDERSGthe term 0final has two 1/2 possi&le meanin s in %i'il Proce!ure0 6(9 The "u! ment is final in the sense that it is alrea!y executory an! that happens if there is no appeal. An! that is for purposes of applyin Rule ,- on execution. 6/9 The "u! ment is final in the sense that it is not merely interlocutory an! this is for the purpose of applyin the law on appeal un!er Rule 4(. >n other wor!s# a final or!er or "u! ment 1for purposes of appeal2 is one which is not merely interlocutory in the sense that it completely !isposes of the case or a particular matter therein where there is nothin more for the court to !o after its ren!ition. 1.airan 's. Tan +ui Lay# L7 (-460# :ec. /5# (-662 @0 )hat is the !efinition of a final "u! ment or for purpose of appealA A0 A "u! ment or or!er is final if it !isposes of the pen!in action so that nothin more can &e !one in the trial court with respect to its merits. 1+alaHar 's. :e Torres# 55 ?.I. (D(,# Be&. /6# (-6/J .airan 's. Tan +ui Lay# L7(-460# :ec. /5# (-662 @0 ?n the other han!# what is an interlocutory "u! ment or or!erA A0 An interlocutory or!er is somethin which !oes not completely !ispose of the action an! there is still somethin for the court to !o after its ren!ition. 1?lsen K %o. 's. ?lsen# 45 Phil. /,5J Restauro 's. Ba&rica# 50 Phil. D6/2 Actually# the law !oes not prohi&it a party from appealin an interlocutory "u! ment or or!er# only you cannot appeal imme!iately. 1A&esamis 's. Iarcia# -5 Phil. D6/2 @0 )hat is the test for !eterminin whether a "u! ment or or!er is final or interlocutoryA A0 The test for the !etermination of whether a "u! ment or or!er is final or interlocutory is this0 D%es it leave s%)et"in( t% 1e d%ne in t"e t$ial #%'$t *it" $espe#t t% t"e )e$its %f t"e #ase2 >f it !oes# it is interlocutory# hence# you cannot appeal yetJ if it !oes not# it is final an! therefore you can appeal. 1Reyes 's. :e Leon# L7,D/0# 8une /4# (-5/2 +o you must *now the meanin s of the wor! LfinalE in ci'il proce!ure to a'oi! confusion. A oo! example is +ection /0 of Rule , where the wor! LfinalE was first mentione!0 Rule 3, Sec. 00. Action on contractual oney clai s. - 4hen the action is for reco'ery of money arising from contract,

e-press or implied, and the defendant dies before entry of final judgment in the court in which the action was pending at the time of such death, it shall not e dismissed ut shall instead e allowed to continue until entry of final judgment. 3 fa'ora le judgment o tained y the plaintiff therein shall e enforced in the manner especially pro'ided in these Rules for prosecuting claims against the estate of a deceased person. !0"a$ The wor! final here in +ection /0 refers to the secon! meanin that the "u! ment is final in the sense that it is not merely interlocutory .AR @UE+T>?30 Plaintiff vs. :efen!ant. :efen!ant file a motion to !ismiss un!er Rule (6. The court rante! the motion an! conse<uently or!ere! the !ismissal of the complaint of the plaintiff. %an the plaintiff appeal from the or!er !ismissin his complaintA A0 )e will apply the test0 Is t"e$e an3t"in( )%$e f%$ t"e #%'$t t% d% afte$ iss'in( t"e %$de$ %f dis)issal2 )ala naM 6AwanenM9 Ano pa &a an a awin eh na7!ismiss na n a ehM Therefore# the or!er of !ismissal is a final or!er N it has completely !ispose! of the case N hence# the plaintiff can appeal. PR?.LE$0 LetEs mo!ify the pro&lem0 Plaintiff 's. :efen!ant. :efen!ant file a motion to !ismiss un!er Rule (6. The court !enie! the motion to !ismiss. %an the !efen!ant appeal from the or!er of the court !enyin his motion to !ismissA A0 A ain# we will apply the test0 Is t"e$e an3t"in( )%$e f%$ t"e #%'$t t% d% afte$ den3in( t"e )%ti%n t% dis)iss %f t"e defendant2 ;es &ecause after the court !enies such motion# the !efen!ant will now file his answer# then there will &e pre7trial# trial# "u! ment. $eanin # after !enyin the motion to !ismiss# may tra&aho pa a*o. Therefore# the or!er !enyin the motion to !ismiss is interlocutory# hence the !efen!ant cannot appeal. @0 +o how !o you appeal from an interlocutory or!erA A0 The proce!ure if there is an or!er which is a ainst you &ut it is not appeala&le# you ha'e to wait. The case is to &e trie! an! then you ha'e to wait for the final "u! ment to &e ren!ere! an! if you are !issatisfie! with the "u! ment# that is the time you appeal from the sai! "u! ment to ether with the interlocutory or!ers issue! in the course of the procee!in . 1$apua 's. +u&ur&an Theaters# >nc.# 5( Phil. ,((2 +o there shoul! only &e one appeal form that case. ThatEs why# as a eneral rule# the law on %i'il Proce!ure prohi&its more that one appeal in one ci'il action. The $eas%ns why interlocutory or!ers are not appeala&le are to a'oi! multiple appeals in one ci'il case since the or!er is interlocutory and the court still continues to try the case in the course of the procee!in # the court will realiHe its error an! the court may chan e its or!er so it will &e i'en an opportunity to corrects its own mista*e. 1$anila Elec. %o. 's. Artia a# 50 Phil. (4D2 Ta*e note of the new rule sayin that a "u! ment or or!er is final if it !isposes of the case or of a PART>%ULAR $ATTER. +o# it is not necessarily the whole case. >n the case of :A; 's. RT% 1(-( +%RA 6402# a case file! &y A a ainst .# O file! a motion to inter'ene an! it was !enie!. %an O appeal the !enialA 3ow# it woul! seem that the or!er is interlocutory &ecause the court# after !enyin the motion to inter'ene# still has somethin to !o since the case &etween A an! . will continue. .ut accor!in to the +%# ;E+# O can appeal &ecause the or!er !enyin the motion to inter'ene is final. .ut is it not true that the court has somethin to !o after !enyin such motionA ;es &ut what the +% is tryin sayin is that# as far as OEs ri ht is concerne!# the court has nothin to !o anymore. $arami pa a*on tra&aho !ito 1case &etween A an! .2# pero *ay O wala na. That is why the or!er !enyin the motion to inter'ene is a final or!er an! is appeala&le. Faya n a the test that there is nothin more for the court to !o is 'ery confusin . >n other wor!s# you !i'i!e the case into parts.

'A( vs. RTC OF )A*+OAN,A C%T( "#" SCRA -. &EL'0 =An or!er which !eci!es an issue or issues in a complaint is final an! appeala&le# althou h the other issue or issues ha'e not &een resol'e!# if the latter issues are !istinct an! separate from the others.C REPU+L%C vs. TACLO+AN C%T( %CE PLANT 25/ SCRA "-5 !"## $ &EL'0 =A court or!er is final in character if it puts an en! to the particular matter resol'e! or settles !efinitely the matter therein !ispose! of# such that no further <uestions can come &efore the court except the execution of the or!er. +uch an or!er or "u! ment may 'ali!ly refer to the entire contro'ersy or to some !efinite an! separate &ranch thereof.C +o the openin para raph of +ection ( is in accor!ance with the :A; an! TA%L?.A3 cases. >n other wor!s# either the whole case is !ispose! of or a particular matter therein has &een !ispose! of. @0 >f > cannot appeal &ecause +ection ( of Rule 4( prohi&its an appeal# is there a way of hastenin the issue &efore the appellate court in or!er to a'oi! the waste of time an! effort an! money of enterin into a trial which is null an! 'oi! &ecause of lac* of "uris!ictionA A0 The answer is the last para raph of +ection (0 ,n all the a o'e instances where the judgment or final order is not appeala le, the aggrie'ed party may file an appropriate special ci'il action under Rule 5#. !n$ +o if appeal is not a'aila&le# the correct reme!y is an appropriate special ci'il action un!er Rule 65. There are three ci'il actions there0 %ertiorari# Prohi&ition# $an!amus. The present Rule 4( tells us exactly what or!ers cannot &e appeale!0 !a$ 3n order reconsideration: denying a motion for new trial or

+o when a motion for new trial or reconsi!eration is !enie!# there is no appeal from that or!er. ;our reme!y is you appeal from the "u! ment# not from the or!er !enyin your motion for new trial or reconsi!eration. That is foun! on Rule ,D# +ection -0 Section 9. Re edy against order denying a otion for new trial or reconsideration.% 3n order denying a motion for new trial or reconsideration is not appeala le, the remedy eing an appeal from the judgment or final order. +o the correct reme!y is in Rule ,D N you appeal from the "u! ment# not from the or!er !enyin the motion for new trial or reconsi!eration. ! $ 3n order denying a petition for relief or any similar motion see+ing relief from judgment:

Para raph 6&9 has chan e! some !eci!e! cases in the past. .efore# an or!er rantin a petition for relief is interlocutory &ut an or!er !enyin a petition for relief is final. 3?)# wala na yanM )hether it is an or!er rantin or !enyin a petition for relief# you cannot appeal. +o what is reme!y for such or!erA Io with special ci'il action un!er Rule 65 as pro'i!e! in the last para raph of +ection (. Ii'e an example of an or!er !enyin a motion other than a petition for relief0 motion for new trial. +o it is not appeala&le. +uppose > am !eclare! in !efault# can > appeal from a :EBAULT 8U:I$E3T A The (-64 rules says# yes. ;ou notice that such pro'ision is lost. There is no more !irect pro'ision on that. .ut still# it is appeala&le. The pro'ision in the ol! rules is not necessary. There is nothin in para raphs 6a9 to 6h9 prohi&itin an appeal from a !efault "u! ment. +o it falls un!er the eneral rule. @0 4ow a&out the or!er to L>BT the or!er of !efaultA +uppose you file a motion to set asi!e the "u! ment of !efault an! motion is !enie!# can you appealA A0 3?# &ecause the law says# an or!er !enyin any similar motion see*in relief from "u! ment cannot &e appeale!. As a matter of fact# the (--5 case of $A3>LA ELE%TR>% %?$PA3; vs. %A$PA3A B??: PR?:U%T+ 1/46 +%RA DD2# there is no such reme!y as a motion to set asi!e an or!er of !efault &ut there is no pro'ision in the rules to set asi!e a "u! ment of !efault. The correct reme!y is to appeal from the "u! ment of !efault not to set asi!e. An! that is clear. The !efault "u! ment is appeala&le. !d$ 3n order disallowing or dismissing an appeal: +o# if an appeal is !ismisse!# you cannot appeal from the or!er !ismissin it. )hat is the reme!yA The (-64 rules pro'i!es for the reme!y of man!amus. That is a !irect pro'ision &ecause if the appeal is on time # the !uty of the court to rant !ue course to the appeal is ministerial. There is no more such pro'ision in the present rules &ecause it is alrea!y pro'i!e! in the last para raph. Another possi&le reme!y where an appeal is allowe! asi!e from the man!amus is if > lost my ri ht to appeal &ecause of frau!# mista*e acci!ent an! inexcusa&le ne li ence# the other possi&le reme!y is a petition for relief from "u! ment !enyin my appeal an! that is foun! in Rule ,5# +ection /0 Rule 3(, Sec. 0. Petition for relief fro denial of appeal. 4hen a judgment or final order is rendered y any court in a case, and a party thereto, y fraud, accident, mista+e, or e-cusa le negligence, has een pre'ented from ta+ing an appeal, he may file a petition in such court and in the same case praying that the appeal e gi'en due course. !"a$ +o# asi!e from the reme!y un!er Rule 65# the other possi&le reme!y is a petition for relief from the or!er !enyin the appeal. !e$ 3n order denying a motion to set aside a judgment y consent, confession or compromise on the ground of fraud, mista+e or duress, or any other ground 'itiating consent: PR?.LE$0 +o there is a "u! ement &y consent 4#%(n%vit &'d()ent5 an! the motion to set asi!e such "u! ment is !enie!. The or!er of !enial is not appeala&le. +o a ain# there is "u! ement &y confession or compromise an! then you file a motion to set asi!e the "u! ement of compromise on the roun! of frau!# mista*e or !uress or any other roun!. $otion !enie!M @0 %an you appealA A0 3?. 1para raph 6e92

@0 +o what is my reme!yA A0 ;ou file a separate case for annulment for such "u! ment 1Rule 4D2. >n the case of 'O*%N,O vs. COURT OF APPEALS 255 SCRA "/# !"## $ &EL'0 The correct reme!y is for the party to file an action for annulment of "u! ment &efore the %ourt of Appeals pursuant to +ection -# par. /# of the 8u!iciary Law. =A compromise may howe'er &e !istur&e! an! set asi!e for 'ices of consent or for ery. 4ence# where an a rie'e! party alle es mista*e# frau!# 'iolence# intimi!ation# un!ue influence# or falsity in the execution of the compromise em&o!ie! in a "u! ment# an action to annul it shoul! &e &rou ht &efore the %ourt of Appeals# in accor!ance with +ection -1/2 of .atas Pam&ansa .ilan (/-# which i'es that court 1%A2 exclusi'e ori inal "uris!iction o'er actions for annulment of "u! ments of re ional trial courts.C !f$ 3n order of e-ecution: +o you cannot appeal from an or!er of execution &ecause if we will allow the losin party to appeal from an or!er of execution# then there will &e no en! to liti ation. Faya n a execution# eh N it means tapos na an *aso. That case is finishe!# !eci!e!# final. .ut suppose the or!er of execution contains portions which are not foun! in the "u! ment# meanin # the or!er of execution is chan in the "u! ment which shoul! not &e !one# then o&'iously# the correct reme!y is certiorari un!er Rule 65 &ecause of ra'e a&use of !iscretion. !g$ 3 judgment or final order for or against one or more of se'eral parties or in separate claims, counterclaims, crossclaims and third-party complaints, while the main case is pending, unless the court allows an appeal therefrom: The &est example of a "u! ment of final or!er where there are separate claims is foun! in Rule ,6. There coul! &e more than one "u! ment in one ci'il case an! there can &e more than one !ecision N "u! ment on the main action# on the counterclaim# etc. 1#.f. +ections 4 an! 5# Rule ,62 @0 E'erytime a "u! ment is issue!# can you appeal alrea!y form the first "u! ment when there will &e a secon! "u! ment in that ci'il actionA %an you appeal from all these separate "u! mentA A0 3o# unless the court allows an appeal therefrom. Ienerally# you ha'e to wait for all the "u! ments to &e ren!ere! &efore you can appeal &ecause# normally# there can &e no appeal from e'ery "u! ment ren!ere!. A oo! example of this is in the case of PRO0%NCE OF PAN,AS%NAN vs. COURT OF APPEALS 22. SCRA 12 FACTS0 This was a partial summary "u! ment un!er Rule ,5. >s it appeala&leA ?ne party claims that a partial summary "u! ment is appeala&le &ecause of Rule ,6# where the court allows an appeal therefrom. .ut accor!in to the +upreme %ourt0 &EL'0 A partial summary "u! ment is not co'ere! &y Rule ,6. >t is o'erne! &y Rule ,5 an! there is no appeal &ecause it is merely interlocutory. Rule 3#, Sec. 4. Case not fully adjudicated on otion. ,f on motion under this Rule, judgment is not rendered upon the

whole case or for all the reliefs sought and a trial is necessary, the court at the hearing of the motion, y e-amining the pleadings and the e'idence efore it and y interrogating counsel shall ascertain what material facts e-ist without su stantial contro'ersy and what are actually and in good faith contro'erted. ,t shall thereupon ma+e an order specifying the facts that appear without su stantial contro'ersy, including the e-tent to which the amount of damages or other relief is not in contro'ersy, and directing such further proceedings in the action as are just. The facts so specified shall e deemed esta lished, and the trial shall e conducted on the contro'erted facts accordingly. @0 )hen can there &e a partial summary "u! mentA A0 )hen some portions of a claim are su&stantially contro'erte! an! the rest are not su&stantially contro'erte!. +o the court is authoriHe! to ren!er a partial summary "u! ment on the claim where there is no enuine issue we continue tryin the case with respect to the claim where there is a enuine issue. +o there will &e two "u! ments. A summary "u! ment for one claim an! an or!inary "u! ment for the other claim. +o nauna yun partial summary "u! ment. @0 %an you appeal from there imme!iatelyA A0 3?# you ha'e to wait for the other "u! ment to come out. ;ou cannot appeal from that partial summary "u! ment while the main case is pen!in # unless the court allows appeal therefrom.

!h$ 3n order dismissing an action without prejudice. >f an action is !ismisse! without pre"u!ice# it cannot &e appeale! &ecause# as it is without pre"u!ice# you can re7file the case. .ut suppose! the !ismissal without pre"u!ice is ar&itrary# an! > !onEt want to re7file &ecause it is too costly an! > really want to <uestion the court !ismissin my case without pre"u!ice# > want to challen e the or!er. 3ow# &ecause appeal is not appeala&le# your reme!y is Rule 65 on certiorari. @0 Ii'e examples of !ismissal of cases without pre"u!ice. A0 Rule (6# +ection 5 1#.f. Rule (6# +ection ( 6f9# 6h9# 6i920 Rule "5, Sec. #. Effect of dismissal. Su ject to the right of appeal, an order granting a motion to dismiss ased on paragraphs !f$, !h$ and !i$ of section " hereof shall ar the refiling of the same action or claim. Rule "5, Section ". Grounds. 4ithin the time for ut efore filing the answer to the complaint or pleading asserting a claim, a motion to dismiss may e made on any of the following grounds% !f$ That the cause of action is arred y a prior judgment or y the statute of limitations: !h$ That the claim or demand set forth in the plaintiff;s pleading has een paid, wai'ed, a andoned, or otherwise e-tinguished: !i$ That the claim on which the action is founded is unenforcea le under the pro'isions of the statute of frauds:

Another new pro'ision is +ection /. .ut# actually# the principles are not new. 4ow !o you appeal from the RT% to the %AA 1or to a hi her court2 Ta*e note that +ection / tells us that there are , possi&le ways0 (2 ?r!inary Appeal 1in cases !eci!e! &y the RT% pursuant to its ori inal "uris!iction2 /2 Petition Bor Re'iew 1in cases !eci!e! &y the RT% pursuant to its appellate "uris!iction2 ,2 Appeal .y %ertiorari 1appeal from RT% !irect to the +% on pure <uestions of law2 Sec. 0. &odes of appeal. !a$ 'rdinary appeal.- The appeal to the .ourt of 3ppeals in cases decided y the Regional Trial .ourt in the e-ercise of its original jurisdiction shall e ta+en y filing a notice of appeal with the court which rendered the judgment or final order appealed from and ser'ing a copy thereof upon the ad'erse party. )o record on appeal shall e re*uired e-cept in special proceedings and other cases of multiple or separate appeals where the law or these Rules so re*uire. ,n such cases, the record on appeal shall e filed and ser'ed in li+e manner. ?r!inary Appeal is the mo!e of appeal from RT% to %A in cases !eci!e! &y the RT% pursuant to its ori inal "uris!iction. 8ust li*e in Rule 40# you file a notice of appeal with the RT% furnishin the a!'ersePlosin party. 3o recor! on appeal shall &e re<uire! except in special procee!in s an! other cases of multiple or separate appeals where the law or these Rules so re<uire. ! $ Petition for re(iew.- The appeal to the .ourt of 3ppeals in cases decided y the Regional Trial .ourt in the e-ercise of its appellate jurisdiction shall e y petition for re'iew in accordance with Rule 40. Actually# this was alrea!y touche! in 8u!iciary Law. 4ow !o you appeal to the %A from the RT% in cases !eci!e! &y the RT% pursuant to its appellate "uris!ictionA N not &y or!inary appeal &ut &y petition for re'iew. OR'%NAR( APPEAL 2par. A3 PET%T%ON FOR RE0%E4 2par. +3

The case was !eci!e! &y the RT% The case was !eci!e! &y the RT% pursuant to its ori inal "uris!iction. The pursuant to its appellate "uris!iction 1 o'erne! case was ori inally file! in the RT%. &y Rule 4/2 EOA$PLE0 ;ou file! an action for reco'ery of money amountin to P( million. ?&'iously the "uris!iction is in the RT%. 3ow# natalo *a an! you want to o to the %A. )hat is your mo!e of appealA ?r!inary Appeal &ecause the case was !eci!e! &y the RT% pursuant to its ori inal "uris!iction. EOA$PLE0 >n para raph .# the case is reco'ery of sum of money amountin to P50#000. +aan i7file yanA $T% man yan &a. 3ow# you lose# where will you appeal an! what is the mo!e of appealA RT% &y ?r!inary appeal. +uppose# talo *a pa rin sa RT% an! you want to o to %A. This time# the mo!e of appeal is not &y or!inary appeal &ut &y petition for re'iew &ecause the case now &ein appeale! has &een !eci!e! &y the RT% pursuant to its appellate "uris!iction. !c$ Appeal !y certiorari.- ,n all cases where only *uestions of law are raised or in'ol'ed, the appeal shall e to the Supreme .ourt y petition for re'iew on certiorari in accordance with Rule 4#.

This oes &ac* to the "uris!iction of the +%. The +% has exclusi'e# appellate "uris!iction in certain cases G constitutionality of a law# treaty is in issue# "uris!iction of the court is in issue# an! when only <uestions of law are &ein raise!. +o the case is in the RT% an! you lost. ;ou woul! li*e to appeal on pure <uestion of law. 3ow# !o not o to the %A for it has no "uris!iction. ;ou &y7pass %A an! o !irectly to the +% on appeal &y certiorari in accor!ance with Rule 45. )hat is the perio! to appealA +ection ,0 Sec. 3. Period of ordinary appeal. The appeal shall e ta+en within fifteen !"#$ days from notice of the judgment or final order appealed from. 4here a record on appeal is re*uired, the appellant shall file a notice of appeal and a record on appeal within thirty !30$ days from notice of the judgment or final order. <owe'er, an appeal in habeas corpus cases shall e ta+en within forty-eight !4($ hours from notice of the judgment or final order appealed from. The period of appeal shall e interrupted y a timely motion for new trial or reconsideration. )o motion for e-tension of time to file a motion for new trial or reconsideration shall e allowed. The perio! to appeal is (5 !ays. An! when a recor! on appeal is re<uire!# the perio! to appeal is !ou&le! N ,0 !ays. +ection , is alrea!y amen!e!. >t now specifically pro'i!es the perio! to appeal in cases of ha&eas corpus# which is 45 hours. This is &ecause the +% ma!e an error in one of the latest cases in'ol'in Rufus Ro!ri ueH as >mmi ration %ommissioner# where the +% rule! that the perio! to appeal in ha&eas corpus cases is (5 !ays since the 457hour perio! !isappeare! in the (--D Rules. +o many ot confuse! now. +o when > ha! a tal* with J'sti#e Pan ani&an last year !urin the cele&ration of the (00 years of +% here in :a'ao# > opene! this issue to him. +a&i *o# =$ali man yun rulin nyo &a. Un!er the "u!iciary law# it is 457hoursMC Two months after the con'ersation# +ection , was amen!e!. 6ehemM9 Alri ht# the perio! to appeal shall &e interrupte! &y timely motion for new trial or motion for new consi!eration pro'i!e! that the motion for new trial is not a pro forma motion 1Rule ,D# +ection /2. LA+%TA' vs. COURT OF APPEALS 2- SCRA -3- !"##5$ FACTS0 ;ou recei'e a "u! ment on 8anuary ,(. ;ou file! a motion for reconsi!eration on Be&ruary (0. +o# interrupte! an! then on Be&ruary /0# you recei'e the or!er !enyin the motion for reconsi!eration. )hen is the last !ay to appealA &EL'0 The last !ay is Be&ruary /6. The filin of a motion for new trial or reconsi!eration is not counte! in the (57!ay perio!. Upon the filin in Be&ruary (0# it is alrea!y interrupte!. +o# you !i! not consume (0 !ays. ;ou consume! only - !ays. =The perio! to appeal is suspen!e! if a motion for reconsi!eration or one for a new trial is file!# which# if !enie!# continues to run upon receipt of the or!er !enyin the same as if no interruption has occurre!. The time !urin which a motion for reconsi!eration or one for new trial has &een pen!in shall &e counte! from the !ate the motion is !uly file! to the !ate when the mo'ant is !uly notifie! of the !enial thereof.C =The perio! !urin which the motion is pen!in with the trial court inclu!es the !ay the same is file! &ecause the motion shall ha'e &een alrea!y place! un!er the courtQs consi!eration !urin

the remainin hours of the !ay. The 'ery !ate the motion for reconsi!eration has &een file! shoul! &e exclu!e! from the appeal perio!.C +o how !o you reconcile this pronouncement with the rule that the first !ay is exclu!e! an! the last !ay is inclu!e!A The answer is foun! in Rule //# +ection /0 Rule 00, Sec. 0. )ffect of interruption.- Should an act e done which effecti'ely interrupts the running of the period, the allowa le period after such interruption shall start to run on the day after notice of the cessation of the cause thereof. The day of the act that caused the interruption shall e e-cluded in the computation of the period. !n$ RU+%O vs. *TCC +RANC& - OF CA,A(AN 'E ORO C%T( 252 SCRA "12 FACTS0 The perio! to file a motion for new trial or reconsi!eration is within the perio! to appeal which is (5 !ays# *aya walan extension. 3ow this is what happene!. The court issue! an interlocutory or!er. After two months# one of the parties file! a motion for reconsi!eration an!# of course# the other party sai!# no more# you shoul! file the motion within (5 !ays. ;ou cannot file &eyon! the (57!ay perio!. >s that correctA &EL'0 3?. That is wron &ecause an interlocutory or!er cannot &e appeale! hence# the (57 !ay perio! !oes not apply. ;ou can file your motion for reconsi!eration anytime for as lon as the court still has "uris!iction o'er the case. The (57!ay perio! only applies when the or!er is final. .ut when the or!er is interlocutory# you can file it anytime &ecause there is no !efinite perio! for the court to chan e it. Bor as lon as the court has "uris!iction o'er the case# it has the power to chan e that wron or!er. =The perio! su&"ect to interruption &y a motion for reconsi!eration is the perio! to appeal. An interlocutory or!er is not appeala&le if there is accor!in ly no perio! to suspen! or interrupt.C Sec. 4. Appellate court docket and other lawful fees. 4ithin the period for ta+ing an appeal, the appellant shall pay to the cler+ of the court which rendered the judgment or final order appealed from, the full amount of the appellate court doc+et and other lawful fees. &roof of payment of said fees shall e transmitted to the appellate court together with the original record or the record on appeal. !n$ Un!er the law# within the perio! for ta*in an appeal# the appellant shall only pay to the cler* of court of the RT% which ren!ere! the "u! ment or final or!er the full amount of the appellate court !oc*et fee an! all other lawful fees an! the proof of payment shall &e transmitte! to the %A to ether with the ori inal recor! on appeal. @0 4ow !oes this amen! the ?l! law A A0 Un!er the ?L: Law# when you appeal from the RT% to the %A # you "ust file a notice of appeal. ;ou !o not pay anythin # you !o not pay the appellate !oc*et fee. +o the recor!s will &e transmitte! upon or!er of the cler* of court. Pa !atin sa %A# later on# the cler* of court there will communicate to the appellant na the recor!s are there alrea!y# ma &aya! *a n !oc*et fee within so many !ays. +o# mamaya mo na &ayaran# hintayin mo munan mapunta !oon at hintayin mo an notisya. 3?)# you !o not wait. Pa 7 file mo n notice of appeal# you PA; >$$E:>ATEL;. )hen you appeal# &ayaran mo na an %A !oc*et fee sa RT% cler* an! then pa 7transmit# sa&ay naM That is the chan e.

>f we will notice# the counterpart is +ection 5 Rule 40 N yun appeal from the $T% to the RT%0 R9=> 40, Section #. Appellate court and other lawful fees. 4ithin the period for ta+ing an appeal, the appellant shall pay to the cler+ of the court which rendered the judgment or final order appealed from the full amount of the appellate court doc+et and other lawful fees. &roof of payment thereof shall e transmitted to the appellate court together with the original record or the record on appeal, as the case may e. !n$ @0 +uppose the person appealin from the $T% to the RT% faile! to pay the appeal fee un!er Rule 40# can the appeal &e !ismisse! A A0 3o# &ecause it is not one of the re<uisites. That was the rulin in +A3T?+ vs. %A. That can &e collecte! from you later &ut that is not a re<uisite. The appeal cannot &e !ismisse!. )e will as* the same <uestion un!er +ection 4 Rule 4(. .UT this time# you are appealin from the RT% to the %A an! this contains an i!entical pro'ision that when you are appealin from the RT% to the %A# you alrea!y pay there with the cler* of court of the RT% the !oc*et fee. .ayaran mo na# siya na an &ahalan ma 7forwar!. 4ereEs the pro&lem0 @0 ;ou faile! to pay the !oc*et fee within (5 !ays. +o# when the case was transmitte! to the %A# hin!i *asali yun fee no. 3ow# can your appeal &e !ismisse! on the roun! of failure to pay the !oc*et fee or not in accor!ance with the rulin in +A3T?+ 1&y analo y# althou h in this case# the appeal is from the $T% to the RT%. Pero the same# hin!i *a rin ma &aya! n !oc*et fee.2 >s the rulin in +A3T?+ also applica&le to Rule 4( A A0 3?# the rulin in +A3T?+ is not applica&le. ;our appeal will &e !ismisse!. @0 )hat pro'ision of the Rules authoriHes such !ismissalA >s there any !irect pro'ision of the Rules of %ourt which authoriHes the !ismissal of the appeal &y non7payment of the appeal !oc*et feeA A0 ;E+. Rule 50 +ection ( 6c9J R9=> #0, Section " ? 3n appeal may e dismissed y the .ourt of 3ppeals, on its own motion or on that of the appellee. on the following grounds% - - - !c$ 8ailure of the appellant to pay the doc+et and other lawful fees as pro'ided in Section 4 of Rule 4" : - - - > &elie'e that it is !ismissi&le &ecause of that. +o# to my min!# the +A3T?+ vs. %A rulin which o'erns Rule 40 an! which for me is 'ali!# is 3?T APPL>%A.LE to Rule 4( &ecause there is a !irect pro'ision in Rule 50 that an appeal can &e !ismisse! for non7payment of appeal !oc*et fee. That is the !ifference &etween these two situations. 3?T>%E ?B APPEAL 3ow# let us o &ac* to +ection 5 of Rule 4(J Sec. #. *otice of appeal. The notice of appeal shall indicate the parties to the appeal, specify the judgment or final order or part thereof appealed from, specify the court to which the appeal is eing ta+en, and state the material dates showing the timeliness of the appeal. !4a$

Ano &a an na*ala ay sa notice of appealA >tEs 'ery clear there that you in!icate the parties to the appeal# specify the "u! ment an! state the material !ate showin the timeliness of the appeal. :o you *now how to !o itA >tEs 'ery simple. The !efen!ant merely saysJ Defendant "e$e13 se$ves n%ti#e t"at "e is appealin( t% t"e ,A %n 6'esti%ns %f fa#t %$ %n 6'esti%ns %f fa#t and la* t"e &'d()ent %f t"e 7%n%$a1le ,%'$t 4RT,5 dated De#e)1e$ 89, :;;<, #%p3 %f *"i#" *as $e#eived 13 )e %n Jan'a$3 =, :;;>. +o it is simple that only (5 !ays is re<uire! to file the notice. )hen the law says the perio! to file an appeal is non7exten!i&le# that is fair. > !o not nee! (5 !ays to prepare the notice of appeal. ;ou can !o it only in two minutes. 6so&ra pa sa <uic*yMM9 +o you must state the !ate when you recei'e! &ecause the computation of the (57!ay perio! is from the receipt of the "u! ment an! 3?T from the !ate of the "u! ment. This is the so7calle! the $ATERAL :ATA RULE N material !ates showin timeliness of appeal. The date $e#eived an! the date %f de#isi%n are not the same. .oth !ates must &e inclu!e! in the notice of appeal. 3ow# *un sa&ihin mo na I a) appealin( f$%) t"e &'d()ent %f t"e #%'$t dated De#e)1e$ 89, :;;<# an! hin!i mo sina&i *un *ailan mo natan ap# the presumption is you also recei'e! the copy of the "u! ment on :ecem&er /0# (--D. An! then you are appealin to!ay# it will &e !ismisse! &ecause you !i! not state the material !ates. An! of course# there is one +% !ecision which sai! that you !o not only specify the final "u! ment or or!er# &ut you also specify as much as possi&le the interlocutory or!ers from where you are appealin &ecause interlocutory or!ers can only &e appeale! at this time. +o# isa&ay mo na rin# i7one time &aM

>n the case of &E%RS OF *A5%*O R%,OSO vs. COURT OF APPEALS 2"" SCRA 3-/ FACTS0 Plaintiff file! an action a ainst !efen!ant for partition of property. )hile the action was pen!in # !efen!ant !ie!. Partition is an action which sur'i'es. :efen!antEs lawyer faile! to inform the court a&out plaintiffEs !eath 1it is the lawyerEs !uty which he !i! not !o2. +o with that# there was no proper su&stitution. Later# "u! ment was ren!ere! a ainst the !ecease! !efen!ant. .ut after the !ecision came out# the lawyer of the !efen!ant file! a notice of appeal in accor!ance with Rule 4(. %SSUE 6"0 )as the appeal properly ma!eA &EL'0 3?. Upon the !eath of the !efen!ant# the lawyerEs authority to represent him alrea!y expire!. There was an automatic expiration of the lawyer7client relationship. The notice of appeal which the lawyer file! in &ehalf of the !ecease! was an unauthoriHe! plea!in # therefore not 'ali!. %SSUE 620 >s the "u! ment &in!in to the !efen!antEs heirs 1remem&er# they were not su&stitute!2A &EL'0 ;E+. The 'ali!ity of the "u! ment was not affecte! &y the !efen!antEs !emise for the action sur'i'e! 1partition# eh2. The !ecision is &in!in an! enforcea&le a ainst the successor7in7 interest of the !ecease! liti ant &y title su&se<uent to the commencement of the action pursuant to +ection 4D 6&9 of Rule ,-GRule on Res 8u!icata. 3ow# in our outline in appeal# the eneral rule is when you appeal# you only file a notice of appeal an! you pay the !oc*et. The important re<uirement there is notice of appeal &ut# we sai! in some cases# asi!e from notice of appeal# there is a secon! re<uirement which is the RE%?R: ?3 APPEAL.

This time# the perio! to appeal is not only (5 &ut ,0 !ays an! a recor! on appeal is only re<uire! in special procee!in s or in ci'il cases where multiple appeals are allowe!. 3e'er min! special procee!in s# sa*a na Lyun. >t soun!s stran e &ecause what weE'e stu!ie! so far# multiple appeals are not allowe! in ci'il cases# there shoul! only &e one appeal. Faya n a interlocutory or!ers are not appeala&le# precisely to a'oi! or!er on appeal in a ci'il case. )e will explain this later. RE%?R: ?3 APPEAL Sec. 5. Record on appeal; for and contents thereof. The full names of all the parties to the proceedings shall e stated in the caption of the record on appeal and it shall include the judgment or final order from which the appeal is ta+en and, in chronological order, copies of only such pleadings, petitions, motions and all interlocutory orders as are related to the appealed judgment or final order for the proper understanding of the issue in'ol'ed, together with such data as will show that the appeal was perfected on time. ,f an issue of fact is to e raised on appeal, the record on appeal shall include y reference all the e'idence, testimonial and documentary, ta+en upon the issue in'ol'ed. The reference shall specify the documentary e'idence y the e-hi it num ers or letters y which it was identified when admitted or offered at the hearing, and the testimonial e'idence y the names of the corresponding witnesses. ,f the whole testimonial and documentary e'idence in the case is to e included, a statement to that effect will e sufficient without mentioning the names of the witnesses or the num ers or letters of e-hi its. >'ery record on appeal e-ceeding twenty !00$ pages must contain a su ject inde-. !5a$ A recor! on appeal is simply a repro!uction of all the plea!in s file! &y the parties# all the motions file! &y the parties# all the or!ers issue! &y the court an! the final "u! ment ren!ere! &y the court arran e! in chronolo ical or!er. Bor EOA$PLE0 J'an de la ,$'? ve$s's Ped$% Sant%s. Recor! on appeal. 3ormally# it starts with this phraseG !Be it $e)e)1e$ed t"e f%ll%*in( p$%#eedin(s t%%@ pla#e in t"e #%'$t 1el%*: Pa$. :. On Jan'a$3 =, :;;>, plaintiff filed a #%)plaint a(ainst defendant as f%ll%*s: 77 1so *opyahin mo Lyun complaint. Practically it is mechanical wor*# eh.2 Pa$. 8. On Jan'a$3 8=, :;;>, defendant filed an ans*e$ A 1*opyahin mo an answer2 Pa$. B. On +a$#" =, :;;>, t"e #%'$t $ende$ed &'d()ent A 1*opyahin mo na naman.2C 4ow lon A Iaano *a*apal yanA :epen!e. Bor example# the case laste! for more than two years. +o practically# the recor! on appeal may amount to hun!re!s of pa es. That is why the perio! to appeal is increase! from (5 to ,0 if the law re<uires a recor! on appeal &ecause of the possi&ility that you may not &e a&le to complete e'erythin within (5 !ays. +ometimes the ,07!ay perio! can &e exten!e!. @0 :o you ha'e to inclu!e there e'ery motion# e'ery or!er of the caseA A0 3o# the law says you repro!uce in chronolo ical or!er copies of only such plea!in s# motions# petitions# an! all interlocutory or!ers as are relate! to the appeale! "u! ment or final or!er for the proper un!erstan!in of the issues in'ol'e!. This is to allow the appellate court to re'iew the or!er appeale! from.

.ut there are some motions na hin!i na *ailan an. Bor example# the case will &e set for trial next wee*. +a&i n !efen!ant# !+%ti%n t% p%stp%ne, I a) n%t $ead3 1e#a'se I a) s'ffe$in( f$%) dia$$"ea. +o the trial was postpone!. Failan an pa &an ila ay an motion na yanA That is not necessary to un!erstan! the issue. Piliin mo lan an importante. 3ow# &a*it *ailan an Lyan recor! on appealA .a*it sa or!inary appeal# hin!i man *ailan anA .ecause in ?r!inary %i'il Actions# when the appeal is perfecte!# the cler* of court of the RT% transmits the entire recor! to the %A. +o an!oon na lahat yan. .ut in special procee!in s or in ci'il cases where multiple appeals are allowe!# when an or!er or "u! ment is ren!ere!# the case continues pa. +o# the recor!s are not yet ele'ate!. +o# how can the %A un!erstan! what happene! without the recor!sA That is calle! the recor! on appeal. @0 Ii'e an example of a ci'il action where multiple appeals are allowe!. A0 +ection 4 of Rule ,6# where se'eral "u! ments will &e ren!ere! in one case0 R9=> 35, Sec. 4. $e(eral judg ents. - ,n an action against se'eral defendants, the court may, when se'eral judgment is proper, render judgment against one or more of them, lea'ing the action to proceed against the others. !4$ An! to &e more specific# that rule was applie! &y the +% in the case of *UN%C%PAL%T( OF +%7AN vs. ,ARC%A "/. SCRA 51 FACTS0 $unicipality of .inan file! expropriation cases a ainst se'eral lan!owners &ecause it woul! li*e to expropriate their lan! for pu&lic use. All of them were name! as co7!efen!ants in one complaint. Lan!owner A file! a motion for separate trial 1Rule ,(2. The court rante! it. The court ren!ere! a !ecision expropriatin the lan! of A. 3auna siya. As for the other lan!owners# the case continue!. %SSUE 6"8 %an A appeal alrea!y from the !ecision ren!ere! a ainst him or must he wait for the !ecision to &e ren!ere! a ainst the other lan!ownersA &EL'8 ;E+# A can now appeal &ecause the or!er was alrea!y final a ainst A. There is somethin more for the court to !o &ut only with respect to the other !efen!ants. .ut as far as A is concerne!# there is nothin more for the court to !o. +o when the "u! ment is alrea!y ren!ere! a ainst the other lan!owners# they can now also appeal. +o there coul! &e two or more final "u! ments an! two or more appeals. %SSUE 628 +uppose the case was trie! a ainst all of them 1sa&ay &a2 an! there was one !ecision a ainst themGso sa&ay7sa&ay sila ma 7appeal. >s recor! on appeal re<uire!A &EL'0 3?# only notice of appeal &ecause there is only one !ecision. @0 )hy is it that in or!inary ci'il cases# normally a recor! on appeal is not re<uire!A A0 ?r!inarily# when the case is o'er an! you say that you are appealin # the entire recor! of the case will &e ele'ate! to the %A. .ut in the case of BICAN# there is "u! ment a ainst lan!owner A an! he wants to appeal# the recor! cannot &e &rou ht to the %A &ecause the case will still &e trie! with respect to lan!owners .# % an! :. +o for the %A to *now what happene!# a recor! on appeal is nee!e!. RO*AN CAT&OL%C ARC&+%S&OP OF *AN%LA vs. COURT OF APPEALS 25/ SCRA "/ !"## $ &EL'0 $ultiple appeals are allowe! in0

(.2 /.2 ,.2 4.2 5.2

+pecial procee!in sJ Actions for reco'ery of property with accountin J Actions for partition of property with accountin J +pecial ci'il actions of eminent !omain 1expropriation2J +pecial ci'il actions for foreclosure of mort a e.

=The rationale &ehin! allowin more than one appeal in the same case is to ena&le the rest of the case to procee! in the e'ent that a separate an! !istinct case is resol'e! &y the court an! hel! to &e final.C The enumeration cite! in RO+AN ,AT7OLI, ,ASE is ta*en from the rulin of the +% in the cases of $>RA3:A vs. %A 1D( +%RA /-52 an! :E IUR$A3 vs. %A 1D4 +%RA ///2. >n these cases# when you file only a notice of appeal without the recor! on appeal# it will not suffice. +o it will &e !ismisse!. @0 )hat if the party file! a recor! on appeal without a notice of appealA +houl! the appeal &e !ismisse!A A0 3?# the appeal will not &e !ismisse! &ecause the filin of the recor! on appeal is har!er to comply with than the filin of a notice of appeal. The filin of the recor! on appeal is more expressi'e of the !esire of the party to appeal. 1Peralta 's. +olon# DD Phil. 6(02 4T"e f%ll%*in( dis#'ssi%ns 'nde$ Se#ti%n D *as ta@en f$%) t"e Et" 3ea$ $evie* t$ans#$ipti%n5 3ow# let us try to tie this up with what may &e appeale! an! what may not &e appeale!# letEs o &ac* to section ( 6 9 of Rule 4(0 Section ". $u!ject of appeal. - 3n appeal may e ta+en from a judgment or final order that completely disposes of the case, or of a particular matter therein when declared y these Rules to e appeala le. )o appeal may e ta+en from% - - - - !g$ 3 judgment or final order for or against one or more of se'eral parties or in separate claims, counterclaims, cross-claims and third-party complaints, while the main case is pending, unless the court allows an appeal therefrom. - - - - Ta*e note that as a IE3ERAL RULE0 a "u! ment for or a ainst one or more of se'eral parties or in separate claims# counterclaims# cross7claims# et#., while the main case is pen!in # cannot &e appeale! &ecause that will result to multiple appeals# unless the court allows an appeal therefrom# in which case# multiple appeals woul! now &e possi&le. @0 %ite examples of ci'il actions where# &y !irect pro'ision of the Rules# the law mentions that the "u! ment is alrea!y final an! appeala&le !espite the fact that the case still oes on with respect to the other issues. A0 The case of +.NI,IPALITY O- BICAN vs. /AR,IA which is now expressly pro'i!e! for in Rule 6D# +ection 4# 1on Expropriation20 Sec. 0. )ntry of plaintiff upon depositing (alue with authori+ed go(ern ent depositary , 9pon the filing of the complaint or at any time thereafter and after due notice to the defendant, the plaintiff shall ha'e the right to ta+e or enter upon the possession of the real property in'ol'ed if he deposits with the authori@ed go'ernment depositary an amount e*ui'alent to the assessed 'alue of the property for purposes

of ta-ation the court. thereof the deposit of &hilippines depositary.

to e held y such an+ su ject to the orders of Such deposit shall e in money, unless in lieu court authori@es the deposit of a certificate of a go'ernment an+ of the Repu lic of the paya le on demand to the authori@ed go'ernment - - - - - -

:i! you notice that an ?r!er of Expropriation $A; .E APPEALE:A )hen there is an or!er of expropriation 7 the court says# !Al$i("t, t"e p$%pe$t3 is de#la$ed eFp$%p$iated. Tapos na &a an caseA 3?T ;ET &ecause there is still a Part / which the !etermination of "ust compensation. +o# technically# it !oes not yet really !ispose of the case .UT &y express pro'ision of the law# the or!er is alrea!y appeala&le. That is an instance where multiple appeals may arise in one ci'il case. Another example is Rule 6- on Partition0 R9=> 59, Sec. 0. 'rder for partition- and partition !y agree ent thereunder. - ,f after the trial the court finds that the plaintiff has the right thereto, it shall order the partition of the real estate among all parties in interest. Thereupon the parties may, if they are a le to agree, ma+e the partition among themsel'es y proper instruments of con'eyance, and the court shall confirm the partition so agreed upon y all the parties, and such partition, together with the order of the court confirming the same, shall e recorded in the registry of deeds of the place in which the property is situated. !0a$ 3 final order decreeing partition and accounting may e appealed y any party aggrie'ed there y. !n$ A final or!er !ecreein partition is appeala&le. .ut the case will o on &ecause if the first or!er is that there is a co7ownership# then there shoul! &e a partition. An suno! is how to partition. As a matter of fact# the court may e'en hire commissioners as to how to partition &ut in the meantime# the or!er to partition is alrea!y appeala&le althou h it !i! not completely !ispose! of the ci'il action. Sec. 6. Appro(al of record on appeal. 9pon the filing of the record on appeal for appro'al and if no o jection is filed y the appellee within fi'e !#$ days from receipt of a copy thereof, the trial court may appro'e it as presented or upon its own motion or at the instance of the appellee, may direct its amendment y the inclusion of any omitted matters which are deemed essential to the determination of the issue of law or fact in'ol'ed in the appeal. ,f the trial court orders the amendment of the record, the appellant, within the time limited in the order, or such e-tension thereof as may e granted, or if no time is fi-ed y the order within ten !"0$ days from receipt thereof, shall redraft the record y including therein, in their proper chronological se*uence, such additional matters as the court may ha'e directed him to incorporate, and shall thereupon su mit the redrafted record for appro'al, upon notice to the appellee, in li+e manner as the original draft. !6a$ )hat you ha'e to remem&er here is that in appeals# where a recor! on appeal is re<uire!# the law re<uires an appro'al. The recor! on appeal has to &e appro'e! &y the court. >n or!inary cases where you only file a notice of appeal# appro'al is not re<uire!. A recor! on appeal has to &e appro'e! &ecause the other party is i'en the ri ht to o&"ect your recor! on appeal.

The possi&le roun!s for o&"ections are N necessary plea!in s were not pro!uce! li*e *ulan 7*ulan an recor! on appeal 6*ulan 7*ulan !in si uro yun na 7file9J or# you !i! not repro!uce the plea!in properlyJ to pester the other party an! "ust to &loc* the appro'al# li*e i7re*lamo *ahit wron spellin lan . 6peste tala aM9 Sec. (. .oint record on appeal. 4here oth parties are appellants, they may file a joint record on appeal within the time fi-ed y section 3 of this Rule, or that fi-ed y the court. !(a$ @0 >s it possi&le that &oth si!es will appealA A0 ;es# when &oth are not satisfie!. +uppose &oth plaintiff an! !efen!ant will want to appeal an! a recor! on appeal is re<uire!# it woul! &e te!ious. Para walan ulo at para ma*atipi!# the plaintiff an! the !efen!ant will file a "oint recor! on appeal# tapos hati tayo sa astos. 4&EN APPEAL %S 'EE*E' PERFECTE' Let us now o to +ection - of Rule 4( which is one of the most important pro'isions N when is appeal !eeme! perfecte!. 3ow# if you are as*e! this <uestion0 7OG DO YO. PER-E,T AN APPEAL2 This <uestion is not the same as G7EN IS T7E APPEAL DEE+ED PER-E,TED2 @0 4ow !o you perfect an appealA A0 .y0 (.2 Bilin a 3?T>%E ?B APPEAL# enerally within (5 !aysJ or &y /.2 Bilin A 3?T>%E ?B APPEAL an! RE%?R: ?3 APPEAL )>T4>3 ,0 :A;+. Those are the steps ta*en to perfect the .UT the appeal is 3?T ;ET PERBE%TE:. >t is perfecte! accor!in to +ection -# an! it is important to !etermine the exact !ate when the appeal is consi!ere! as perfecte! &ecause of the !octrine that from the moment the appeal is perfecte!# the RT% automatically loses "uris!iction of the case. An! &y fiction of law# the "uris!iction is automatically transferre! to the %A# althou h the recor!s as still with the RT%. Therefore it is important to !etermine the exact !ate. Bor example# in notice of appeal# is it perfecte! on the 'ery !ay that the appellant will file a notice of appeal that if he files it# after two !ays perfecte! naA All of these are answere! &y +ection - an! > notice! that +ection - has impro'e! on the lan ua e of the >nterim Rules. Un!er the >nterim Rules# they are actually the same# the <uestion when is the appeal !eeme! perfecte! is also answere! &y the >nterim Rules &ut the lan ua e of the law there is more con'olute!. 3ow# it is more clearer0 Sec. 9. Perfection of appeal; effect thereof. 3 party7s appeal y notice of appeal is deemed perfected as to him upon the filing of the notice of appeal in due time. 3 party7s appeal y record on appeal is deemed perfected as to him with respect to the su ject matter thereof upon the appro'al of the record on appeal filed in due time. ,n appeals y notice of appeal, the court loses jurisdiction o'er the case upon the perfection of the appeals filed in due time and the e-piration of the time to appeal of the other parties.

,n appeals y record on appeal, the court loses jurisdiction only o'er the su ject matter thereof upon the appro'al of the records on appeal filed in due time and the e-piration of the time to appeal of the other parties. ,n either case, prior to the transmittal of the original record or the record on appeal, the court may issue orders for the protection and preser'ation of the rights of the parties which do not in'ol'e any matter litigated y the appeal, appro'e compromises, permit appeals of indigent litigants, order e-ecution pending appeal in accordance with section 0 of Rule 39, and allow withdrawal of the appeal. !9a$ )4E3 ?3L; 3?T>%E ?B APPEAL >+ RE@U>RE: @0 )hen only a notice of appeal is re<uire!# when is an appeal !eeme! perfecte!A A0 Birst an! thir! para raph0 !A pa$t3s appeal 13 $e#%$d %n appeal is dee)ed pe$fe#ted as t% "i) *it" $espe#t t% t"e s'1&e#t )atte$ t"e$e%f 'p%n t"e app$%val %f t"e $e#%$d %n appeal filed in d'e ti)e. F F F In appeals 13 n%ti#e %f appeal, t"e #%'$t l%ses &'$isdi#ti%n %ve$ t"e #ase 'p%n t"e pe$fe#ti%n %f t"e appeals filed in d'e ti)e and t"e eFpi$ati%n %f t"e ti)e t% appeal %f t"e %t"e$ pa$ties. This was ta*en in the case of 'EL,A'O 9s %AC 1(4D +%RA /552. LetEs compose a pro&lem &ase! on that case0 PR?.LE$0 > recei'e! a copy of the !ecision on $arch ,( so > ha'e (5 !ays to appeal i.e. up to April (5. $y opponent recei'e! the !ecision on April (0. +o an opponent *o naman an &ilan niya is from April (0 to April /5. >&a an (5 !ays niya# i&a !in sa a*in. @0 +ince > recei'e! the !ecision on $arch ,(# > file! my notice of appeal on April 5# is the appeal perfecte!A A0 ;es# as far as > am concerne!. @0 4ow a&out the other si!eA A0 3ot yet# &ecause as of April 5# he has not yet recei'e! a copy of the !ecision. 4e will start computin from April (0. +o as of now# it is alrea!y perfecte! only &y 50S. @0 +uppose &y April /5 which is the last !ay of (57!ay perio! of my opponent# he !i! not file anythin . 3a 7expire na. )hat will happen nowA A0 Then as of April /5# the appeal is now fully perfecte! 1(00S2 &ecause as far as > am concerne!# > ha'e alrea!y file! a notice of appeal. As far as he is concerne!# his (57!ay perio! to appeal has lapse!. Therefore# the case is now ripe for ele'ation. This is what the thir! para raph means# !In appeals 13 n%ti#e %f appeal, t"e #%'$t l%ses &'$isdi#ti%n %ve$ t"e #ase 'p%n t"e pe$fe#ti%n %f t"e appeals filed in d'e ti)e and t"e eFpi$ati%n %f t"e ti)e t% appeal %f t"e %t"e$ pa$ties. ;ou ha'e to loo* at it from the 'iewpoint of &oth parties. That is the time for the cler* of court to ele'ate the recor!s. >t is from that moment that the court has lost (00S "uris!iction o'er the case from the 'iewpoint of &oth parties. Up to now# !espite this pro'ision# >Em still recei'in these *in! of or!ers from the courts. 3a*ala ay !oon0 !A n%ti#e %f appeal "avin( 1een filed 13 t"e defendant %n t"is date, t"e appeal is n%* dee)ed pe$fe#ted and let t"e $e#%$d n%* 1e elevated t% t"e ,A. $y IollyM This is )R????3IM The appeal is perfecte! only as far as the !efen!ant is concerne! why !ecree it as perfecte!A Tinin nan mo lan yun isan si!e eh. Paano *un Lyun plaintiff ma 7file pa n motion for execution pen!in appealA +o# !o not ele'ate the recor! until the (57!ay perio! has expire! on .?T4 +>:E+. This is the correct interpretation of the Rules. )e will now o to some interestin cases0

UN%0ERSAL FAR EAST CORP. vs. COURT OF APPEALS "3" SCRA -2 FACTS0 ?n $arch ,(# &oth Epi an! 4il!e recei'e! a copy of the !ecision. Epi won# 4il!e lost. Brom the 'iewpoint of &oth# April (5 is the last !ay to appeal. ?n April 5# 4il!e file! a notice of appeal. +o the appeal is perfecte! from the 'iewpoint of 4il!e. ?n April (,# Epi file a motion to execute pen!in appeal. )as the motion file! on timeA ;es# &ecause Epi can file the motion &etween $arch ,( an! April (5. ?n April /5# the court rante! EpiEs motion. This is now the ar ument of 4il!e0 !H+3 /%ll3IJ T"e %$de$ %f eFe#'ti%n 13 Epi is v%id 1e#a'se t"e #%'$t "as al$ead3 l%st &'$isdi#ti%n %ve$ t"e #ase as %f Ap$il 8= 1e#a'se -$%) t"e vie*p%int %f 1%t" pa$ties, t"e last da3 is Ap$il :=, afte$ Ap$il := t"e pe$i%d *it"in *"i#" Epi #an file a )%ti%n t% eFe#'te "as eFpi$ed. Brom the 'iewpoint of 4il!e# he alrea!y file! a notice of appeal on April 5. +o# from the 'iewpoint of &oth# the court alrea!y lost "uris!iction. Accor!in to Epi0 !B't I filed )3 )%ti%n %n Ap$il :B, t"e #%'$t "as n%t 3et l%st &'$isdi#ti%n. !A" Yes, sa&i naman ni 4il!e# !1't t"e #%'$t a#ted %n 3%'$ )%ti%n %n Ap$il 8=, *"i#" is afte$ Ap$il :=. &EL'0 Epi is correct. The important point is the !ate of filin . Thus# e'en if the court acts &eyon! the (57!ay perio!# the or!er is still 'ali!. The important thin is the motion to execute pen!in appeal was file! within the (57!ay perio!. =>t may &e ar ue! that the trial court shoul! !ispose of the motion for execution within the re lementary fifteen7!ay perio!. +uch a rule woul! &e !ifficult# if not impossi&le# to follow. >t woul! not &e pra matic an! expe!ient an! coul! cause in"ustice.C =The motion for execution has to &e set for hearin . The "u! ment !e&tor has to &e hear!. The oo! reasons for execution pen!in appeal ha'e to &e scrutiniHe!. These thin s cannot &e !one within the short perio! of fifteen !ays# or in this case# two !ays. The trial court may &e confronte! with other matters more pressin that woul! !eman! its imme!iate attention.C +o in this case# the court has not yet lost "uris!iction the act on the motion for execution pen!in appeal e'en if it is &eyon! (5 !ays# pro'i!e! the motion was file! within (5 !ays. )4E3 RE%?R: ?B APPEAL >+ RE@U>RE: @0 4ow a&out an appeal where a recor! of appeal is re<uire!A )hen is the appeal !eeme! perfecte!A A0 +econ! para raph of +ection -0 !A pa$t3s appeal 13 $e#%$d %n appeal is dee)ed pe$fe#ted as t% "i) *it" $espe#t t% t"e s'1&e#t )atte$ t"e$e%f 'p%n t"e app$%val %f t"e $e#%$d %n appeal filed in d'e ti)e. +o it is not upon the filin of the recor! of appeal# &ut upon the APPR?TAL. .ecause as we sai!# un!er +ection D# a recor! on appeal has to &e appro'e! while a notice of appeal nee! not &e appro'e!. As to the fourth para raph0 !In appeals 13 $e#%$d %n appeal, t"e #%'$t l%ses &'$isdi#ti%n %nl3 %ve$ t"e s'1&e#t )atte$ t"e$e%f 'p%n t"e app$%val %f t"e $e#%$ds %n appeal filed in d'e ti)e and t"e eFpi$ati%n %f t"e ti)e t% appeal %f t"e %t"e$ pa$ties. The principle is the same. .ut !efinitely an appeal is not perfecte! upon the filin of the recor! on appeal &ut upon the appro'al. The last point to remem&er in +ection -. IE3ERAL RULE0 once an appeal is !eeme! perfecte! from the 'iewpoint of &oth si!es# the trial court loses "uris!iction o'er the case. The "uris!iction is automatically transferre! to the %ourt of Appeals. @0 Are there EO%EPT>?3+ to the ruleA Are there thin s that the trial court can !o e'en if it has no more "uris!ictionA )hat thin s or actions can the trial court !oA A0 Last para raph of +ection -0 !In eit"e$ #ase, p$i%$ t% t"e t$ans)ittal %f t"e %$i(inal $e#%$d %$ t"e $e#%$d %n appeal, t"e #%'$t )a3 iss'e %$de$s f%$ t"e p$%te#ti%n and p$ese$vati%n %f t"e $i("ts %f t"e pa$ties *"i#" d% n%t inv%lve an3 )atte$ liti(ated 13 t"e appeal, app$%ve #%)p$%)ises, pe$)it appeals %f indi(ent

liti(ants, %$de$ eFe#'ti%n pendin( appeal in a##%$dan#e *it" se#ti%n 8 %f R'le B;, and all%* *it"d$a*al %f t"e appeal. Lets us outline the last para raph0 ?nce an appeal is !eeme! perfecte! un!er +ection -# the RT% loses "uris!iction o'er the case an! can no lon er act in that case. @0 )hat thin s or what actions can the RT% !o e'en if it has technically lost "uris!iction o'er the caseA +ometimes they call this as the $esid'al "uris!iction# a.@.a. =!u*otC "uris!iction. A0 Bor as lon as the ori inal recor! or the recor! on appeal is not yet transmitte! 1&ecause it ta*es some time for the recor!s to &e transmitte!2 the trial court# !espite the fact that it has alrea!y lost "uris!iction# can !o the followin acts0 (.2 to issue or!ers for the protection an! preser'ation of the ri hts of the parties which !o not in'ol'e in any matter liti ate! in the appealJ /.2 to appro'e compromises &etween the partiesJ ,.2 to permit appeals to in!i ent liti antsJ 4.2 to or!er executions pen!in appeal in accor!ance with +ection / of Rule ,-J and 5.2 to allow the with!rawal of the appeal. 6.2 The court can or!er the !ismissal of an appeal un!er +ection (,# Rule 4(. @0 %an the parties settle the case amica&ly !espite the fact that there is alrea!y an appealA A0 ;es# compromise is welcome anytime. @0 3ow who will appro'e the compromiseA A0 Technically# the court has no "uris!iction. .ut for as lon as the recor!s are still there# the trial court can appro'e the compromise. 3ow# suppose the recor!s are alrea!y transmitte! to the %AA Then you &etter su&mit your compromise a reement &efore the %A. +ections (0# ((# an! (/ are purely a!ministrati'e pro'isions. Sec. "0. Duty of clerk of court of the lower court upon perfection of appeal. 4ithin thirty !30$ days after perfection of all the appeals in accordance with the preceding section, it shall e the duty of the cler+ of court of the lower court% !a$ To 'erify the correctness of the original record or the record on appeal, as the case may e, and to ma+e a certification of its correctness: ! $ To 'erify the completeness of the records that will e transmitted to the appellate court: !c$ ,f found to e incomplete, to ta+e such measures as may e re*uired to complete the records, a'ailing of the authority that he or the court may e-ercise for this purpose: and !d$ To transmit the records to the appellate court. ,f the efforts to complete the records fail, he shall indicate in his letter of transmittal the e-hi its or transcripts not included in the records eing transmitted to the appellate court, the reasons for their non-transmittal, and the steps ta+en or that could e ta+en to ha'e them a'aila le. The cler+ of court shall furnish the parties with copies of his letter of transmittal of the records to the appellate court. !"0a$ Sec. "". Transcript. 9pon the perfection of the appeal, the cler+ shall immediately direct the stenographers concerned to attach to the record of the case fi'e !#$ copies of the

transcripts of the testimonial e'idence referred to in the record on appeal. The stenographers concerned shall transcri e such testimonial e'idence and shall prepare and affi- to their transcripts an inde- containing the names of the witnesses and the pages wherein their testimonies are found, and a list of the e-hi its and the pages wherein each of them appears to ha'e een offered and admitted or rejected y the trial court. The transcripts shall e transmitted to the cler+ of the trial court who shall thereupon arrange the same in the order in which the witnesses testified at the trial, and shall cause the pages to e num ered consecuti'ely. !"0a$ Sec. "0. Trans ittal. The cler+ of the trial court shall transmit to the appellate court the original record or the appro'ed record on appeal within thirty !30$ days from the perfection of the appeal, together with the proof of payment of the appellate court doc+et and other lawful fees, a certified true copy of the minutes of the proceedings, the order of appro'al, the certificate of correctness, the original documentary e'idence referred to therein, and the original and three !3$ copies of the transcripts. .opies of the transcripts and certified true copies of the documentary e'idence shall remain in the lower court for the e-amination of the parties. !""a$ Sec. "3. Dis issal of appeal. &rior to the transmittal of the original record or the record on appeal to the appellate court, the trial court may motu proprio or on motion dismiss the appeal for ha'ing een ta+en out of time. !"4a$ @0 $ay the RT% !ismiss the appealA A0 ;es# for as lon as the recor! of the case or the recor! of appeal has not yet &een transmitte! to the appellate court# the court may )%t' p$%pi%# e'en without any motion# or on motion of the appellee# the trial court is empowere! to !ismiss the appeal on the roun! of ha'in &een ta*en out of time. @0 %an the trial court !ismiss the appeal on the roun! that the appeal is !ilatoryA A0 3?. The trial court has no power to say that the appeal is !ilatory. +uch <uestion can only &e passe! upon &y the appellate court. ?therwise# trial courts can easily forestall re'iew or re'ersal of their !ecisions no matter how erroneous such !ecisions may &e. 1:asalla 's. %alua # L7(5D65. 8uly ,(# (-6,J I+>+ 's. %lori&el# L7///,6# 8une //# (-65J Repu&lic 's. Ro!ri ueH# L7/6056# $ay /-# (-6-2 The only roun! for the trial court to !ismiss appeal is for ha'in &een ta*en out of time. ThatEs all. :onEt confuse that with Rule ,-. @0 %an the pre'ailin party file a motion for execution pen!in appeal# on the roun! that the appeal is !ilatoryA Any appeal which is fri'olous is inten!e! as !ilatory. A0 )ell# itEs not the appeal that is &ein <uestione! &ut whether there is a roun! for execution pen!in appeal. An "urispru!ence niyan ma ulo eh0 3?# the trial court cannot !o that. ?nly the %A can !etermine whether the appeal is !ilatory. .ut there are cases where the +% sai! ;E+ &ecause that can &e a oo! reason. Pero !ito 1Rule 4(2# i&a an tanon . The court is not &ein as*e! to rant an execution pen!in appeal &ut &ein as*e! to !ismiss an appeal. Ah# ito tala a hin!i pwe!e. 3ETER# &ecause of +ection (,# Rule 4( N there is only one roun!# file! out of time. ;aaanM :oOo:

Rule 40 PETITION FOR REVIEW FROM THE REGIONAL TRIAL COURTS TO THE COURT OF APPEALS @0 )hat are the mo!es of appeal from RT% to the %AA A0 >tEs either ?R:>3AR; APPEAL 1Rule 4(2 or PET>T>?3 B?R RET>E) 1Rule 4/2. Rule 4( refers to an or!inary appeal from the RT% to the %A N yun notice of appeal. 4ere# the RT% ren!ere! a !ecision pursuant to its ?R>I>3AL 8UR>+:>%T>?3. LEto naman Rule 4/ 1Petition for re'iew2 is the mo!e of appeal from the RT% to the %A in cases !eci!e! &y the RT% pursuant to its APPELLATE 8UR>+:>%T>?3. +o# the case here actually ori inate! in the $T%# then it was appeale! to the RT% un!er Rule 40. An! now# from the RT%# you want to o to the %A. 4ence# the mo!e of appeal is not 1Rule 4(2 3otice of Appeal &ut RULE 4/ N Petition for Re'iew. Bor the first time# there is now a rule o'ernin petitions for re'iew from the RT% to the %A. Prior to 8uly (# (--D# there was none. Althou h there were ui!elines then N in "urispru!ence# !eci!e! cases an! +% circulars. Section ". How appeal taken; ti e for filing. 3 party desiring to appeal from a decision of the Regional Trial .ourt rendered in the e-ercise of its appellate jurisdiction may file a 'erified petition for re'iew with the .ourt of 3ppeals, paying at the same time to the cler+ of said court the corresponding doc+et and other lawful fees, depositing the amount of &#00.00 for costs, and furnishing the Regional Trial .ourt and the ad'erse party with a copy of the petition. The petition shall e filed and ser'ed within fifteen !"#$ days from notice of the decision sought to e re'iewed or of the denial of petitioner7s motion for new trial or reconsideration filed in due time after judgment. 9pon proper motion and the payment of the full amount of the doc+et and other lawful fees and the deposit for costs efore the e-piration of the reglementary period, the .ourt of 3ppeals may grant an additional period of fifteen !"#$ days only within which to file the petition for re'iew. )o further e-tension shall e granted e-cept for the most compelling reason and in no case to e-ceed fifteen !"#$ days. !n$ Un!er +ection (# a petition for re'iew un!er Rule 4/ must &e TER>B>E:. @0 )here will you file your petition for re'iewA A0 ;ou file it !irectly with the %A. :o not file it with the trial court. >n Rule 4(# where the appeal is !eeme! perfecte! &y simply filin a notice of appeal# you file your notice of appeal with the RT%. :o not file it with the %A. .ut in Rule 4/# where the appeal is &y petition for re'iew# you file your petition !irectly with the %A. :o not file it with the RT%. 3ot only that. ?f course# you ha'e to pay the !oc*et an! lawful fees plus P500 for costs. An! you must furnish the RT% an! the a!'erse party with a copy of the petition. That is a new re<uirement.

@0 )hat is the perio! to file a petition for re'iew A A0 The perio! to file a petition for re'iew is (5 !ays from receipt of the RT% "u! ment or from the or!er !enyin the motion for reconsi!eration. @0 )hat is the !ifference in perio! to file &etween Rule 4( an! Rule 4/ A A0 >n Rule 4(# if your motion for reconsi!eration is !enie!# you can still appeal within the remainin &alance of the (57!ay perio!. >n Rule 4/# the (57!ay perio! starts all o'er a ain &ecause the law says !%$ %f t"e denial. +o# another fresh (5 !ays. This &ecause it is more !ifficult to prepare a petition for re'iew. This is more time7consumin than a simple notice of appeal. )eEll o to examples0 PR?.LE$0 LetEs o &ac* to RULE 4(0 ;ou recei'e a copy of the RT% !ecision on $arch ,(. ;ou file your motion for reconsi!eration on April (0 N the (0th !ay. After two wee*s# you recei'e! or!er of the court !enyin the $BR. @0 4ow many more !ays are left for you to file a notice of appealA A0 +ix 162 !ays. An &inilan mo# (7- !ays lan . The (0th !ay is interrupte! na. ThatEs true. PR?.LE$0 )e will o to the same pro&lem 1applyin Rule 4/20 The case was !eci!e! &y the $T%# appeale! to the RT%. An! then in the RT%# you lost a ain. ;ou recei'e a copy of the !ecision on $arch ,(. ?n April (0# you file a motion for reconsi!eration. An! then on April /0# you recei'e the or!er !enyin the $BR. @0 4ow many !ays more are left for you to file your petition for re'iewA A0 Fun sa&ihin mo 6 !ays from April /0 or April /6# thatEs BAL+EM The answer is (5 !ays all o'er a ain. Loo* at the law0 !T"e petiti%n s"all 1e filed and se$ved *it"in fifteen 4:=5 da3s f$%) n%ti#e %f t"e de#isi%n s%'("t t% 1e $evie*ed %$ %f t"e denial %f petiti%ne$s )%ti%n f%$ ne* t$ial %$ $e#%nside$ati%n. $eanin # you count another (5 !ays from the !enial. Umpisa na namanM +o the filin a motion for new trial or reconsi!eration in Rule 4/ !oes not only interrupt the runnin of the perio! &ut it commences to run all o'er a ain. Unli*e in Rule 4(# in or!inary appeal# where the filin of the motion for reconsi!eration or new trial merely interrupts the runnin of the perio! to appeal. An! it commences to run a ain from the time you are notifie! that your motion is !enie!. +ee the !ifferenceA Actually# if you are not serious in your stu!y of appeal# you will not see these !istinctions. ;ou will "ust assume that the principles un!er Rule 4( an! Rule 4/ are the same. @0 Un!er +ection (# is the (57!ay perio! to file petition for re'iew exten!i&leA A0 Un!er Rule 4(# the (57!ay perio! to file notice of appeal is not exten!i&le N no exceptions. .ut in Rule 4/# the (57!ay perio! to file petition for re'iew is EOTE3:>.LE accor!in to the last sentence of +ection (# pro'i!e! you pay your !oc*et an! other lawful fees# the %A will rant a!!itional (5 !ays within which to file a petition for re'iew. @0 )here will you file your motion for extension of time to file petition for re'iewA A0 ;ou file your motion for extension to the %A. The %A itself will rant the extension. @0 4ow many more !ays can the %A rantA A0 The %A may rant another (5 !ays an! no further extension can &e rante! eF#ept for the most compellin reasons. +o# ori inal extension is (5 !ays# an! a possi&le extension of (5 !ays U total ,0 !ays. These are technical points. An! how many appeale! cases ha'e &een !ismisse! simply &ecause these finer pro'isions were not &een o&ser'e! &y lawyersA > woul! say 60S of all appeals are !ismisse!. E'en in :a'ao# ma"ority of petitions are !ismisse! &ecause na*ulan an n piso sa !oc*et fee# *arami. > presume throu hout the country# the pattern is the same &ecause the rules on appeal are 'ery technical an! 'ery strict. ThatEs why there are lawyers in $anila# e'en in :a'ao# who !o not want to han!le appeale! cases. They only han!le cases in the trial court. Pa 7a*yat na# nasa %A na# petition for certiorari# pasa na sa i&a.

.ut there are also who ha'e mastere! the rules on appeal. Bor the purpose of specialiHation# trial phase an! appeal phase. Bor purposes of the &ar# you ha'e to *now all the fiel!s in laws. ?nce you pass the &ar# !iyan na *ayo ma 7isip *un ano an pipiliin ninyoGci'il# criminal# la&or# etc. .ut for purposes of the &ar# you cannot say !ito lan a*o ma 7aral sa La&or# wa na sa %i'il Law. Pwe!e &a yanA ;ou cannot !o that. Faya n a sa&i nila# the people who *now more a&out the law are those who ha'e "ust ta*en the &ar. Sec. 0. /or and contents. The petition shall e filed in se'en !6$ legi le copies, with the original copy intended for the court eing indicated as such y the petitioner, and shall !a$ state the full names of the parties to the case, without impleading the lower courts or judges thereof either as petitioners or respondents: ! $ indicate the specific material dates showing that it was filed on time: !c$ set forth concisely a statement of the matters in'ol'ed, the issues raised, the specification of errors of fact or law, or oth, allegedly committed y the Regional Trial .ourt, and the reasons or arguments relied upon for the allowance of the appeal: !d$ e accompanied y clearly legi le duplicate originals or true copies of the judgments or final orders of oth lower courts, certified correct y the cler+ of court of the Regional Trial .ourt, the re*uisite num er of plain copies thereof and of the pleadings and other material portions of the record as would support the allegations of the petition. The petitioner shall also su mit together with the petition a certification under oath that he has not theretofore commenced any other action in'ol'ing the same issues in the Supreme .ourt, the .ourt of 3ppeals or different di'isions thereof, or any other tri unal or agency: if there is such other action or proceeding, he must state the status of the same: and if he should thereafter learn that a similar action or proceeding has een filed or is pending efore the Supreme .ourt, the .ourt of 3ppeals, or different di'isions thereof, or any other tri unal or agency, he underta+es to promptly inform the aforesaid courts and other tri unal or agency thereof within fi'e !#$ days therefrom. !n$ Ta*e note of +ection /. :o not implea! the lower court or the "u! e &ecause nasanay na tayo na pati Lyun "u! e na in !efen!ant or respon!ent na. )e only !o that in %ertiorari un!er Rule 65 in +pecial %i'il Actions# &ut not on appeal. This is the influence of J'sti#e Beria &ecause he has penne! many cases which has inclu!e! the "u! e as !efen!ant or respon!ent. +o# he sai! that in the case of +GSS vs. ,A 6Au . /5# (-569# hence we can see his influence# sinin it tala a niya iyan sa *aso na yon. 3ow# as to the form 6last para raph9# there has to &e a %ertification of 3on7Borum +hoppin # failure to comply with such woul! mean the !ismissal of the case. ORT%) vs. COURT OF APPEALS 2## SCRA 1./ !"##/$ FACTS0 The certification was not si ne! &y the ?rtiHes &ut &y their lawyer who has personal *nowle! e of the fact an! conten!e! that it shoul! &e accepte! as su&stantial compliance with the rules. &EL'0 The certification was not proper. +trict o&ser'ance of the rule is re<uire!. >n this case# no explanation was i'en.

=Re retta&ly# )e fin! that su&stantial compliance will not suffice in a matter in'ol'in strict compliance. The attestation containe! in the certification on non7forum shoppin re<uires personal *nowle! e &y the party who execute! the same. To merit the %ourtEs consi!eration# ?rtiHes here must show reasona&le cause for failure to personally si n the certification. The ?rtiHes must con'ince the court that the outri ht !ismissal of the petition woul! !efeat the a!ministration of "ustice. 4owe'er# the ?rtiHes !i! not i'e any explanation to warrant their exemption from the strict application of the rule. Utter !isre ar! of the rules cannot "ustly &e rationaliHe! &y har*in on the policy of li&eral construction.C

@0 Un!er para raph 6c9# what issues can you raise in the petition for re'iewA A0 Errors of fact# errors of law# or &oth N mixe! errors of fact or law. +ome&o!y as*e! this @UE+T>?30 hin!i &a *apa e$$%$ %f la* !apat sa +% yanA 4in!i na !a!aan sa %AA 4ow !o you reconcile this with the %onstitutionA Actually# when the law says de#isi%ns %f t"e RT, appeala1le di$e#tl3 t% t"e S,, it was !eci!e! pursuant to its ori inal "uris!iction. .ut if it is !eci!e! pursuant to its appellate "uris!iction# the appeal shoul! &e to the %A e'en on pure <uestions of law without pre"u!ice of oin to the +% later on. Sec. 3. )ffect of failure to co ply with re0uire ents. The failure of the petitioner to comply with any of the foregoing re*uirements regarding the payment of the doc+et and other lawful fees, the deposit for costs, proof of ser'ice of the petition, and the contents of and the documents which should accompany the petition shall e sufficient ground for the dismissal thereof. +ection ,. >f you fail to comply with the re<uirements# tapos an petition mo# !ismissM Sec. 4. Action on the petition. The .ourt of 3ppeals may re*uire the respondent to file a comment on the petition, not a motion to dismiss, within ten !"0$ days from notice, or dismiss the petition if it finds the same to e patently without merit, prosecuted manifestly for delay, or that the *uestions raised therein are too unsu stantial to re*uire consideration. !n$ Sec. #. Contents of co ent. The comment of the respondent shall e filed in se'en !6$ legi le copies, accompanied y certified true copies of such material portions of the record referred to therein together with other supporting papers and shall !a$ state whether or not he accepts the statement of matters in'ol'ed in the petition: ! $ point out such insufficiencies or inaccuracies as he elie'es e-ist in petitioner7s statement of matters in'ol'ed ut without repetition: and !c$ state the reasons why the petition should not e gi'en due course. 3 copy thereof shall e ser'ed on the petitioner. !n$ Sec. 5. Due course. ,f upon the filing of the comment or such other pleadings as the court may allow or re*uire, or after the e-piration of the period for the filing thereof without such comment or pleading ha'ing een su mitted, the .ourt of 3ppeals finds prima facie that the lower court has

committed an error of fact or law that will warrant a re'ersal or modification of the appealed decision, it may accordingly gi'e due course to the petition. !n$ @0 )hen you file a petition for re'iew from the RT% to the %A# is the %A o&li e! to entertain the petitionA A0 3o# this is !iscretionary un!er +ection 6. The %A may or may not i'e !ue course to the petition unli*e in or!inary appeal. ;an an *ai&ahan n or!inary appeal an! petition for re'iew. >n or!inary appeal un!er Rule 4(# when you file notice of appeal an! you pay your !oc*et fee# your appeal is automatically entertaine!. At least it will &e hear! &y the %A. .ut in Rule 4/# it is not the same. )hen you o there# whether your petition for re'iew will &e i'en !ue course or not e'en if you ha'e pai! the !oc*et fee. 3ormally# the %A will re<uire! you to comment an! then chances are after another month an! after rea!in your petition an! your comment# the %A will refuse to i'e !ue course to your petition# !Y%'$ petiti%n is "e$e13 dis)issedI +o# you must con'ince the %A na may merit &aahM @0 )hat happens when the petition for re'iew is i'en !ue courseA A0 The parties will &e re<uire! to su&mit their respecti'e memoran!a. Ta*e note that the RT% is also i'en the power to issue or!ers for the protection of the parties N the same as in +ection 5# para raph 6&9. Sec. 6. )le(ation of record. 4hene'er the .ourt of 3ppeals deems it necessary, it may order the cler+ of court of the Regional Trial .ourt to ele'ate the original record of the case including the oral and documentary e'idence within fifteen !"#$ days from notice. !n$ @0 3ow# when is an appeal &y petition for re'iew !eeme! perfecte!A A0 +ection 5 6a9. +imilar to Rule 4(. The same principle0 Sec. (. Perfection of appeal; effect thereof. !a$ 9pon the timely filing of a petition for re'iew and the payment of the corresponding doc+et and other lawful fees, the appeal is deemed perfected as to the petitioner. The Regional Trial .ourt loses jurisdiction o'er the case upon the perfection of the appeals filed in due time and the e-piration of the time to appeal of the other parties. <owe'er, efore the .ourt of 3ppeals gi'es due course to the petition, the Regional Trial .ourt may issue orders for the protection and preser'ation of the rights of the parties which do not in'ol'e any matter litigated y the appeal, appro'e compromises, permit appeals of indigent litigants, order e-ecution pending appeal in accordance with section 0 of Rule 39, and allow withdrawal of the appeal. !9a, R4"$ ! $ >-cept in ci'il cases decided under the Rule on Summary &rocedure, the appeal shall stay the judgment or final order unless the .ourt of 3ppeals, the law, or these Rules shall pro'ide otherwise. !n$ @0 :oes the RT% ha'e the power to act !espite the fact that the petition for re'iew is alrea!y &efore the %AA +uppose > lost in the $T%# an! > also lost on appeal in the RT%. > file a petition for re'iew. )hat happens to the !ecisionA %an the !ecision &e enforce!A

A0 3?# it cannot &e enforce! yet &ecause it is not yet final. )e still ha'e to wait for the appeal to &e !ismisse! or to &e entertaine! an! !enie! later. Un!er para raph 6&9# t"e appeal s"all sta3 t"e &'d()ent %$ final %$de$ .NLESS t"e ,A, t"e la* %$ t"ese $'les s"%'ld p$%vide %t"e$*ise. Also# &ase! on the openin clause of para raph 6&9# eF#ept in #ivil #ases p$%vided in t"e R'les %n S'))a$3 P$%#ed'$e# any part thereafter appeale! to the %A will not stop the implementation of the RT% !ecision. Un!er +ection /( of the +ummary Rules# when a case is starte! in the $T% un!er the +ummary Proce!ure# an! appeale! to the RT% an! !eci!e! &y the RT%# the !ecision &ecomes imme!iately executory. E'en if we file a petition for re'iew# it is executory. The only way to stop the RT% from enforcin that "u! ment is to et a TR? or a writ of preliminary in"unction from the %A. That is the rule. > ha'e a similar case now on that issue. The case ori inate! from the $T% for e"ectment. The !efen!ant lost# a*yat n ayon sa RT%# affirme!. An! then a*yat na naman an !efen!ant sa %A on petition for re'iew 1althou h ri ht now# it has not yet &een i'en !ue course2 with a prayer for TR?. .ut the %A sai! that there is no compellin reason to issue one. >n the meantime# > file! a motion for execution. The !efen!ant oppose! on the roun! that a "u! ment cannot &e execute! !aw &ecause of a pen!in petition for re'iew. .ut this is un!er the +ummary Rules N e"ectment. This is an exception# so that will not apply. Sec. 9. $u! ission for decision. ,f the petition is gi'en due course, the .ourt of 3ppeals may set the case for oral argument or re*uire the parties to su mit memoranda within a period of fifteen !"#$ days from notice. The case shall e deemed su mitted for decision upon the filing of the last pleading or memorandum re*uired y these Rules or y the court itself. !n$ 7o?o7 Rule 40 PETITION FOR REVIEW FROM THE REGIONAL TRIAL COURTS TO THE COURT OF APPEALS @0 )hat are the mo!es of appeal from RT% to the %AA A0 >tEs either ?R:>3AR; APPEAL 1Rule 4(2 or PET>T>?3 B?R RET>E) 1Rule 4/2. Rule 4( refers to an or!inary appeal from the RT% to the %A N yun notice of appeal. 4ere# the RT% ren!ere! a !ecision pursuant to its ?R>I>3AL 8UR>+:>%T>?3. LEto naman Rule 4/ 1Petition for re'iew2 is the mo!e of appeal from the RT% to the %A in cases !eci!e! &y the RT% pursuant to its APPELLATE 8UR>+:>%T>?3. +o# the case here actually ori inate! in the $T%# then it was appeale! to the RT% un!er Rule 40. An! now# from the RT%# you want to o to the %A. 4ence# the mo!e of appeal is not 1Rule 4(2 3otice of Appeal &ut RULE 4/ N Petition for Re'iew. Bor the first time# there is now a rule o'ernin petitions for re'iew from the RT% to the %A. Prior to 8uly (# (--D# there was none. Althou h there were ui!elines then N in "urispru!ence# !eci!e! cases an! +% circulars. Section ". How appeal taken; ti e for filing. 3 party desiring to appeal from a decision of the Regional Trial .ourt rendered in the e-ercise of its appellate jurisdiction may

file a 'erified petition for re'iew with the .ourt of 3ppeals, paying at the same time to the cler+ of said court the corresponding doc+et and other lawful fees, depositing the amount of &#00.00 for costs, and furnishing the Regional Trial .ourt and the ad'erse party with a copy of the petition. The petition shall e filed and ser'ed within fifteen !"#$ days from notice of the decision sought to e re'iewed or of the denial of petitioner7s motion for new trial or reconsideration filed in due time after judgment. 9pon proper motion and the payment of the full amount of the doc+et and other lawful fees and the deposit for costs efore the e-piration of the reglementary period, the .ourt of 3ppeals may grant an additional period of fifteen !"#$ days only within which to file the petition for re'iew. )o further e-tension shall e granted e-cept for the most compelling reason and in no case to e-ceed fifteen !"#$ days. !n$ Un!er +ection (# a petition for re'iew un!er Rule 4/ must &e TER>B>E:. @0 )here will you file your petition for re'iewA A0 ;ou file it !irectly with the %A. :o not file it with the trial court. >n Rule 4(# where the appeal is !eeme! perfecte! &y simply filin a notice of appeal# you file your notice of appeal with the RT%. :o not file it with the %A. .ut in Rule 4/# where the appeal is &y petition for re'iew# you file your petition !irectly with the %A. :o not file it with the RT%. 3ot only that. ?f course# you ha'e to pay the !oc*et an! lawful fees plus P500 for costs. An! you must furnish the RT% an! the a!'erse party with a copy of the petition. That is a new re<uirement. @0 )hat is the perio! to file a petition for re'iew A A0 The perio! to file a petition for re'iew is (5 !ays from receipt of the RT% "u! ment or from the or!er !enyin the motion for reconsi!eration. @0 )hat is the !ifference in perio! to file &etween Rule 4( an! Rule 4/ A A0 >n Rule 4(# if your motion for reconsi!eration is !enie!# you can still appeal within the remainin &alance of the (57!ay perio!. >n Rule 4/# the (57!ay perio! starts all o'er a ain &ecause the law says !%$ %f t"e denial. +o# another fresh (5 !ays. This &ecause it is more !ifficult to prepare a petition for re'iew. This is more time7consumin than a simple notice of appeal. )eEll o to examples0 PR?.LE$0 LetEs o &ac* to RULE 4(0 ;ou recei'e a copy of the RT% !ecision on $arch ,(. ;ou file your motion for reconsi!eration on April (0 N the (0th !ay. After two wee*s# you recei'e! or!er of the court !enyin the $BR. @0 4ow many more !ays are left for you to file a notice of appealA A0 +ix 162 !ays. An &inilan mo# (7- !ays lan . The (0th !ay is interrupte! na. ThatEs true. PR?.LE$0 )e will o to the same pro&lem 1applyin Rule 4/20 The case was !eci!e! &y the $T%# appeale! to the RT%. An! then in the RT%# you lost a ain. ;ou recei'e a copy of the !ecision on $arch ,(. ?n April (0# you file a motion for reconsi!eration. An! then on April /0# you recei'e the or!er !enyin the $BR. @0 4ow many !ays more are left for you to file your petition for re'iewA A0 Fun sa&ihin mo 6 !ays from April /0 or April /6# thatEs BAL+EM The answer is (5 !ays all o'er a ain. Loo* at the law0 !T"e petiti%n s"all 1e filed and se$ved *it"in fifteen 4:=5 da3s f$%) n%ti#e %f t"e de#isi%n s%'("t t% 1e $evie*ed %$ %f t"e denial %f petiti%ne$s )%ti%n f%$ ne* t$ial %$ $e#%nside$ati%n. $eanin # you count another (5 !ays from the !enial. Umpisa na namanM

+o the filin a motion for new trial or reconsi!eration in Rule 4/ !oes not only interrupt the runnin of the perio! &ut it commences to run all o'er a ain. Unli*e in Rule 4(# in or!inary appeal# where the filin of the motion for reconsi!eration or new trial merely interrupts the runnin of the perio! to appeal. An! it commences to run a ain from the time you are notifie! that your motion is !enie!. +ee the !ifferenceA Actually# if you are not serious in your stu!y of appeal# you will not see these !istinctions. ;ou will "ust assume that the principles un!er Rule 4( an! Rule 4/ are the same. @0 Un!er +ection (# is the (57!ay perio! to file petition for re'iew exten!i&leA A0 Un!er Rule 4(# the (57!ay perio! to file notice of appeal is not exten!i&le N no exceptions. .ut in Rule 4/# the (57!ay perio! to file petition for re'iew is EOTE3:>.LE accor!in to the last sentence of +ection (# pro'i!e! you pay your !oc*et an! other lawful fees# the %A will rant a!!itional (5 !ays within which to file a petition for re'iew. @0 )here will you file your motion for extension of time to file petition for re'iewA A0 ;ou file your motion for extension to the %A. The %A itself will rant the extension. @0 4ow many more !ays can the %A rantA A0 The %A may rant another (5 !ays an! no further extension can &e rante! eF#ept for the most compellin reasons. +o# ori inal extension is (5 !ays# an! a possi&le extension of (5 !ays U total ,0 !ays. These are technical points. An! how many appeale! cases ha'e &een !ismisse! simply &ecause these finer pro'isions were not &een o&ser'e! &y lawyersA > woul! say 60S of all appeals are !ismisse!. E'en in :a'ao# ma"ority of petitions are !ismisse! &ecause na*ulan an n piso sa !oc*et fee# *arami. > presume throu hout the country# the pattern is the same &ecause the rules on appeal are 'ery technical an! 'ery strict. ThatEs why there are lawyers in $anila# e'en in :a'ao# who !o not want to han!le appeale! cases. They only han!le cases in the trial court. Pa 7a*yat na# nasa %A na# petition for certiorari# pasa na sa i&a. .ut there are also who ha'e mastere! the rules on appeal. Bor the purpose of specialiHation# trial phase an! appeal phase. Bor purposes of the &ar# you ha'e to *now all the fiel!s in laws. ?nce you pass the &ar# !iyan na *ayo ma 7isip *un ano an pipiliin ninyoGci'il# criminal# la&or# etc. .ut for purposes of the &ar# you cannot say !ito lan a*o ma 7aral sa La&or# wa na sa %i'il Law. Pwe!e &a yanA ;ou cannot !o that. Faya n a sa&i nila# the people who *now more a&out the law are those who ha'e "ust ta*en the &ar. Sec. 0. /or and contents. The petition shall e filed in se'en !6$ legi le copies, with the original copy intended for the court eing indicated as such y the petitioner, and shall !a$ state the full names of the parties to the case, without impleading the lower courts or judges thereof either as petitioners or respondents: ! $ indicate the specific material dates showing that it was filed on time: !c$ set forth concisely a statement of the matters in'ol'ed, the issues raised, the specification of errors of fact or law, or oth, allegedly committed y the Regional Trial .ourt, and the reasons or arguments relied upon for the allowance of the appeal: !d$ e accompanied y clearly legi le duplicate originals or true copies of the judgments or final orders of oth lower courts, certified correct y the cler+ of court of the Regional Trial .ourt, the re*uisite num er of plain copies thereof and of the pleadings and other material portions of the record as would support the allegations of the petition. The petitioner shall also su mit together with the petition a certification under oath that he has not theretofore commenced any other action in'ol'ing the same issues in the

Supreme .ourt, the .ourt of 3ppeals or different di'isions thereof, or any other tri unal or agency: if there is such other action or proceeding, he must state the status of the same: and if he should thereafter learn that a similar action or proceeding has een filed or is pending efore the Supreme .ourt, the .ourt of 3ppeals, or different di'isions thereof, or any other tri unal or agency, he underta+es to promptly inform the aforesaid courts and other tri unal or agency thereof within fi'e !#$ days therefrom. !n$ Ta*e note of +ection /. :o not implea! the lower court or the "u! e &ecause nasanay na tayo na pati Lyun "u! e na in !efen!ant or respon!ent na. )e only !o that in %ertiorari un!er Rule 65 in +pecial %i'il Actions# &ut not on appeal. This is the influence of J'sti#e Beria &ecause he has penne! many cases which has inclu!e! the "u! e as !efen!ant or respon!ent. +o# he sai! that in the case of +GSS vs. ,A 6Au . /5# (-569# hence we can see his influence# sinin it tala a niya iyan sa *aso na yon. 3ow# as to the form 6last para raph9# there has to &e a %ertification of 3on7Borum +hoppin # failure to comply with such woul! mean the !ismissal of the case. ORT%) vs. COURT OF APPEALS 2## SCRA 1./ !"##/$ FACTS0 The certification was not si ne! &y the ?rtiHes &ut &y their lawyer who has personal *nowle! e of the fact an! conten!e! that it shoul! &e accepte! as su&stantial compliance with the rules. &EL'0 The certification was not proper. +trict o&ser'ance of the rule is re<uire!. >n this case# no explanation was i'en. =Re retta&ly# )e fin! that su&stantial compliance will not suffice in a matter in'ol'in strict compliance. The attestation containe! in the certification on non7forum shoppin re<uires personal *nowle! e &y the party who execute! the same. To merit the %ourtEs consi!eration# ?rtiHes here must show reasona&le cause for failure to personally si n the certification. The ?rtiHes must con'ince the court that the outri ht !ismissal of the petition woul! !efeat the a!ministration of "ustice. 4owe'er# the ?rtiHes !i! not i'e any explanation to warrant their exemption from the strict application of the rule. Utter !isre ar! of the rules cannot "ustly &e rationaliHe! &y har*in on the policy of li&eral construction.C

@0 Un!er para raph 6c9# what issues can you raise in the petition for re'iewA A0 Errors of fact# errors of law# or &oth N mixe! errors of fact or law. +ome&o!y as*e! this @UE+T>?30 hin!i &a *apa e$$%$ %f la* !apat sa +% yanA 4in!i na !a!aan sa %AA 4ow !o you reconcile this with the %onstitutionA Actually# when the law says de#isi%ns %f t"e RT, appeala1le di$e#tl3 t% t"e S,, it was !eci!e! pursuant to its ori inal "uris!iction. .ut if it is !eci!e! pursuant to its appellate "uris!iction# the appeal shoul! &e to the %A e'en on pure <uestions of law without pre"u!ice of oin to the +% later on. Sec. 3. )ffect of failure to co ply with re0uire ents. The failure of the petitioner to comply with any of the foregoing re*uirements regarding the payment of the doc+et and other lawful fees, the deposit for costs, proof of ser'ice of the petition, and the contents of and the documents which should accompany the petition shall e sufficient ground for the dismissal thereof.

+ection ,. >f you fail to comply with the re<uirements# tapos an petition mo# !ismissM Sec. 4. Action on the petition. The .ourt of 3ppeals may re*uire the respondent to file a comment on the petition, not a motion to dismiss, within ten !"0$ days from notice, or dismiss the petition if it finds the same to e patently without merit, prosecuted manifestly for delay, or that the *uestions raised therein are too unsu stantial to re*uire consideration. !n$ Sec. #. Contents of co ent. The comment of the respondent shall e filed in se'en !6$ legi le copies, accompanied y certified true copies of such material portions of the record referred to therein together with other supporting papers and shall !a$ state whether or not he accepts the statement of matters in'ol'ed in the petition: ! $ point out such insufficiencies or inaccuracies as he elie'es e-ist in petitioner7s statement of matters in'ol'ed ut without repetition: and !c$ state the reasons why the petition should not e gi'en due course. 3 copy thereof shall e ser'ed on the petitioner. !n$ Sec. 5. Due course. ,f upon the filing of the comment or such other pleadings as the court may allow or re*uire, or after the e-piration of the period for the filing thereof without such comment or pleading ha'ing een su mitted, the .ourt of 3ppeals finds prima facie that the lower court has committed an error of fact or law that will warrant a re'ersal or modification of the appealed decision, it may accordingly gi'e due course to the petition. !n$ @0 )hen you file a petition for re'iew from the RT% to the %A# is the %A o&li e! to entertain the petitionA A0 3o# this is !iscretionary un!er +ection 6. The %A may or may not i'e !ue course to the petition unli*e in or!inary appeal. ;an an *ai&ahan n or!inary appeal an! petition for re'iew. >n or!inary appeal un!er Rule 4(# when you file notice of appeal an! you pay your !oc*et fee# your appeal is automatically entertaine!. At least it will &e hear! &y the %A. .ut in Rule 4/# it is not the same. )hen you o there# whether your petition for re'iew will &e i'en !ue course or not e'en if you ha'e pai! the !oc*et fee. 3ormally# the %A will re<uire! you to comment an! then chances are after another month an! after rea!in your petition an! your comment# the %A will refuse to i'e !ue course to your petition# !Y%'$ petiti%n is "e$e13 dis)issedI +o# you must con'ince the %A na may merit &aahM @0 )hat happens when the petition for re'iew is i'en !ue courseA A0 The parties will &e re<uire! to su&mit their respecti'e memoran!a. Ta*e note that the RT% is also i'en the power to issue or!ers for the protection of the parties N the same as in +ection 5# para raph 6&9. Sec. 6. )le(ation of record. 4hene'er the .ourt of 3ppeals deems it necessary, it may order the cler+ of court of the Regional Trial .ourt to ele'ate the original record of the

case including the oral and documentary fifteen !"#$ days from notice. !n$ @0 3ow# when is an appeal &y petition for re'iew !eeme! perfecte!A A0 +ection 5 6a9. +imilar to Rule 4(. The same principle0

e'idence

within

Sec. (. Perfection of appeal; effect thereof. !a$ 9pon the timely filing of a petition for re'iew and the payment of the corresponding doc+et and other lawful fees, the appeal is deemed perfected as to the petitioner. The Regional Trial .ourt loses jurisdiction o'er the case upon the perfection of the appeals filed in due time and the e-piration of the time to appeal of the other parties. <owe'er, efore the .ourt of 3ppeals gi'es due course to the petition, the Regional Trial .ourt may issue orders for the protection and preser'ation of the rights of the parties which do not in'ol'e any matter litigated y the appeal, appro'e compromises, permit appeals of indigent litigants, order e-ecution pending appeal in accordance with section 0 of Rule 39, and allow withdrawal of the appeal. !9a, R4"$ ! $ >-cept in ci'il cases decided under the Rule on Summary &rocedure, the appeal shall stay the judgment or final order unless the .ourt of 3ppeals, the law, or these Rules shall pro'ide otherwise. !n$ @0 :oes the RT% ha'e the power to act !espite the fact that the petition for re'iew is alrea!y &efore the %AA +uppose > lost in the $T%# an! > also lost on appeal in the RT%. > file a petition for re'iew. )hat happens to the !ecisionA %an the !ecision &e enforce!A A0 3?# it cannot &e enforce! yet &ecause it is not yet final. )e still ha'e to wait for the appeal to &e !ismisse! or to &e entertaine! an! !enie! later. Un!er para raph 6&9# t"e appeal s"all sta3 t"e &'d()ent %$ final %$de$ .NLESS t"e ,A, t"e la* %$ t"ese $'les s"%'ld p$%vide %t"e$*ise. Also# &ase! on the openin clause of para raph 6&9# eF#ept in #ivil #ases p$%vided in t"e R'les %n S'))a$3 P$%#ed'$e# any part thereafter appeale! to the %A will not stop the implementation of the RT% !ecision. Un!er +ection /( of the +ummary Rules# when a case is starte! in the $T% un!er the +ummary Proce!ure# an! appeale! to the RT% an! !eci!e! &y the RT%# the !ecision &ecomes imme!iately executory. E'en if we file a petition for re'iew# it is executory. The only way to stop the RT% from enforcin that "u! ment is to et a TR? or a writ of preliminary in"unction from the %A. That is the rule. > ha'e a similar case now on that issue. The case ori inate! from the $T% for e"ectment. The !efen!ant lost# a*yat n ayon sa RT%# affirme!. An! then a*yat na naman an !efen!ant sa %A on petition for re'iew 1althou h ri ht now# it has not yet &een i'en !ue course2 with a prayer for TR?. .ut the %A sai! that there is no compellin reason to issue one. >n the meantime# > file! a motion for execution. The !efen!ant oppose! on the roun! that a "u! ment cannot &e execute! !aw &ecause of a pen!in petition for re'iew. .ut this is un!er the +ummary Rules N e"ectment. This is an exception# so that will not apply. Sec. 9. $u! ission for decision. ,f the petition is gi'en due course, the .ourt of 3ppeals may set the case for oral argument or re*uire the parties to su mit memoranda within a period of fifteen !"#$ days from notice. The case shall e deemed su mitted for decision upon the filing of the last pleading or memorandum re*uired y these Rules or y the court itself. !n$

7o?o7 Rule 43 APPEALS FROM THE COURT OF TAX APPEALS AND QUASI-JUDICIAL AGENCIES TO THE COURT OF APPEALS Let us now o to Rule 4, which o'erns Appeals from the %ourt of Tax Appeals an! @uasi78u!icial A encies to the %ourt of Appeals. Ta*e note that un!er +ection - of .P (/-# the %A has the exclusi'e appellate "uris!iction to re'iew !ecisions of all RT% an! K'asi J'di#ial B%dies# an! Rule 4, is the o'ernin rule on appeals from <uasi7"u!icial &o!ies. +o# &efore this# appeal to the %A of Tax cases is suppose! to &e to the +%. 3ow it is re'erte! to the %A# an! also <uasi7"u!icial a encies. )hat was the prior lawA >t is Re'ise! A!ministrati'e %ircular 3o. (7-5# which was promul ate! on 8anuary (# (--5. 3ow it is Rule 4, N the circular was actually <uote! here 'er&atim. +o# you can no lon er o to the +%# e'en on pure <uestions of law# haM :ecisions of <uasi7"u!icial a encies must pass first to the %A e'en on pure <uestions of law. 3ow what are these <uasi7"u!icial &o!iesA They are enumerate! in +ection (0 Section ". $cope. This Rule shall apply to appeals from judgments or final orders of the .ourt of Ta- 3ppeals and from awards, judgments, final orders or resolutions of or authori@ed y any *uasi-judicial agency in the e-ercise of its *uasi-judicial functions. 3mong these agencies are the .i'il Ser'ice .ommission, .entral /oard of 3ssessment 3ppeals, Securities and >-change .ommission, Affice of the &resident, =and Registration 3uthority, Social Security .ommission, .i'il 3eronautics /oard, /ureau of &atents, Trademar+s and Technology Transfer, )ational >lectrification 3dministration, >nergy Regulatory /oard, )ational Telecommunications .ommission, Bepartment of 3grarian Reform under Repu lic 3ct )o. 55#6, Co'ernment Ser'ice ,nsurance System, >mployees .ompensation .ommission, 3gricultural ,n'entions /oard, ,nsurance .ommission, &hilippine 3tomic >nergy .ommission, /oard of ,n'estments, .onstruction ,ndustry 3r itration .ommission, and 'oluntary ar itrators authori@ed y law. !n$ +o# 'ery specificM The latest a!!ition there are !ecisions of 'oluntary ar&itrators. Prior to that# it can &e &rou ht &y certiorari to the +%# &ut &ecause of a !eci!e! case it is now &e &rou ht to the %A. ?ne case un!er Rule 4, which > want to !iscuss with you is the case of LEPANTO CERA*%CS vs. COURT OF APPEALS 231 SCRA 5"# !"##-$ FACTS0 This in'ol'es appeals from the .oar! of >n'estments 1.?>2. 3ow# as pro'i!e! in the ori inal ?mni&us >n'estment %o!e of (-5( !urin the $arcos era# !ecisions of the .?> are appeala&le !irectly to the +%. .ut years later it was nullifie! &y the 8u!iciary Law &ecause all !ecisions of all <uasi7"u!icial &o!ies are appeale! to the %A. Bour years later the %onstitution too* effect. >n 8uly (-5D !urin the term of %ory A<uino# she promul ate! E.?. 3o. //6# the so7calle! ?mni&us >n'estment %o!e of (-5D where pro'isions from the ol! co!e were merely lifte!. An! amon those inclu!e! is the pro'ision on appeals from the .?> where you o !irectly to the +%.

The position of Lepanto is# the new law 1E.?. 3o. //62 has mo!ifie! .P (/- &ecause the ol! law was mo!ifie! &y .P (/-. An! since this is a new law# &inali* na naman an appeal sa +%. +o na mo!ify an .P (/-. &EL'0 3?. Lepanto is wron &ecause when %ory A<uino issue! E.?. 3o. //6# the 3ew %onstitution has ta*en effect. An! un!er the (-5D %onstitution# you cannot increase the appellate "uris!iction of the +% without its consent an! concurrence. >n effect# the new law 1E.?. 3o. //62 increase! the wor* of the +% without its *nowle! e an! consent therefore the +% !i! not a ree. The +% re"ecte! the pro'ision that !ecisions of the .?> are appeala&le !irectly to the +%. >n the case of -ABIAN vs. DESIERTO 6:ecem&er (6# (--59# a pro'ision un!er RA 66D0# which pro'i!es that !ecisions of the ?ffice of the ?m&u!sman in a!ministrati'e !isciplinary cases# was !eclare! unconstitutional &ecause the appellate "uris!iction of the +% was increase! without its a!'ice an! consent. Another case is $ATE? 's. %A 1/4D +%RA /54 6(--592. This is &efore Re'ise! A!ministrati'e %o!e 3o. (7-5. As > ha'e tol! you &efore# rulin s of !ifferent constitutional commissions# %+%# %?A# %?$ELE% shoul! &e !irect to the +%. That is why the case of $A3%>TA 's. .AR%>3A+ 1/(6 +%RA DD/2 is !eeme! a&an!one! &ecause the new proce!ure is that !ecisions of the %+% are now appeala&le to the %A. Sec. 0. Cases not co(ered. This Rule shall not apply to judgments or final orders issued under the =a or .ode of the &hilippines. !n$ +ection / refers to !ecisions of 3LR% an! the +ecretary of La&or. Their !ecisions can &e &rou ht !irectly to the +% &y way of petition for %ertiorari un!er Rule 65# not &y appeal 1Rule 4,2. Sec. 3. Where to appeal. 3n appeal under this Rule may e ta+en to the .ourt of 3ppeals within the period and in the manner herein pro'ided, whether the appeal in'ol'es *uestions of fact, of law, or mi-ed *uestions of fact and law. !n$ Sec. 4. Period of appeal. The appeal shall e ta+en within fifteen !"#$ days from notice of the award, judgment, final order or resolution, or from the date of its last pu lication, if pu lication is re*uired y law for its effecti'ity, or of the denial of petitioner7s motion for new trial or reconsideration duly filed in accordance with the go'erning law of the court or agency a *uo. Anly one !"$ motion for reconsideration shall e allowed. 9pon proper motion and the payment of the full amount of the doc+et fee efore the e-piration of the reglementary period, the .ourt of 3ppeals may grant an additional period of fifteen !"#$ days only within which to file the petition for re'iew. )o further e-tension shall e granted e-cept for the most compelling reason and in no case to e-ceed fifteen !"#$ days. !n$ Sec. #. How appeal taken. 3ppeal shall e ta+en y filing a 'erified petition for re'iew in se'en !6$ legi le copies with the .ourt of 3ppeals, with proof of ser'ice of a copy thereof on the ad'erse party and on the court or agency a *uo. The original copy of the petition intended for the .ourt of 3ppeals shall e indicated as such y the petitioner.

9pon the filing of the petition, the petitioner shall pay to the cler+ of court of the .ourt of 3ppeals the doc+eting and other lawful fees and deposit the sum of &#00.00 for costs. >-emption from payment of doc+eting and other lawful fees and the deposit for costs may e granted y the .ourt of 3ppeals upon a 'erified motion setting forth 'alid grounds therefor. ,f the .ourt of 3ppeals denies the motion, the petitioner shall pay the doc+eting and other lawful fees and deposit for costs within fifteen !"#$ days from notice of the denial. !n$ Sec. 5. Contents of the petition. The petition for re'iew shall !a$ state the full names of the parties to the case, without impleading the court or agencies either as petitioners or respondents: ! $ contain a concise statement of the facts and issues in'ol'ed and the grounds relied upon for the re'iew: !c$ e accompanied y a clearly legi le duplicate original or a certified true copy of the award, judgment, final order or resolution appealed from, together with certified true copies of such material portions of the record referred to therein and other supporting papers: and !d$ contain a sworn certification against forum shopping as pro'ided in the last paragraph of section 0, Rule 40. The petition shall state the specific material dates showing that it was filed within the period fi-ed herein. !0a$ Sec. 6. )ffect of failure to co ply with re0uire ents. The failure of the petitioner to comply with any of the foregoing re*uirements regarding the payment of the doc+et and other lawful fees, the deposit for costs, proof of ser'ice of the petition, and the contents of and the documents which should accompany the petition shall e sufficient ground for the dismissal thereof. !n$ Sec. (. Action on the petition. The .ourt of 3ppeals may re*uire the respondent to file a comment on the petition, not a motion to dismiss, within ten !"0$ days from notice, or dismiss the petition if it finds the same to e patently without merit, prosecuted manifestly for delay, or that the *uestions raised therein are too unsu stantial to re*uire consideration. !5a$ Sec. 9. Contents of co ent. The comment shall e filed within ten !"0$ days from notice in se'en !6$ legi le copies and accompanied y clearly legi le certified true copies of such material portions of the record referred to therein together with other supporting papers. The comment shall !a$ point out insufficiencies or inaccuracies in petitioner7s statement of facts and issues: and ! $ state the reasons why the petition should e denied or dismissed. 3 copy thereof shall e ser'ed on the petitioner, and proof of such ser'ice shall e filed with the .ourt of 3ppeals. !9a$ Sec. "0. Due course. ,f upon the filing of the comment or such other pleadings or documents as may e re*uired or allowed y the .ourt of 3ppeals or upon the e-piration of the period for the filing thereof, and on the asis of the

petition or the records the .ourt of 3ppeals finds prima facie that the court or agency concerned has committed errors of fact or law that would warrant re'ersal or modification of the award, judgment, final order or resolution sought to e re'iewed, it may gi'e due course to the petition: otherwise, it shall dismiss the same. The findings of fact of the court or agency concerned, when supported y su stantial e'idence, shall e inding on the .ourt of 3ppeals. !n$ Sec. "". Trans ittal of record. 4ithin fifteen !"#$ days from notice that the petition has een gi'en due course, the .ourt of 3ppeals may re*uire the court or agency concerned to transmit the original or a legi le certified true copy of the entire record of the proceeding under re'iew. The record to e transmitted may e a ridged y agreement of all parties to the proceeding. The .ourt of 3ppeals may re*uire or permit su se*uent correction of or addition to the record. !(a$ Sec. "0. )ffect of appeal. The appeal shall not stay the award, judgment, final order or resolution sought to e re'iewed unless the .ourt of 3ppeals shall direct otherwise upon such terms as it may deem just. !"0a$ Sec. "3. $u! ission for decision. ,f the petition is gi'en due course, the .ourt of 3ppeals may set the case for oral argument or re*uire the parties to su mit memoranda within a period of fifteen !"#$ days from notice. The case shall e deemed su mitted for decision upon the filing of the last pleading or memorandum re*uired y these Rules or y the .ourt of 3ppeals. !n$ 7o?o7 PROCE'URE %N T&E COURT OF APPEALS Rule 44 ORDINARY APPEALED CASES )e will now o to Rule 44 which is Proce!ure in the %ourt of Appeals in ?r!inary Appeale! %ases. This is "ust the continuation of Rule 4(. )hen a case is appeale! to the %A un!er Rule 4(# this is or!inary appeal 1!ecisions of RT% pursuant to its ori inal "uris!iction2# so what will happen hereA Ta*e note that the proce!ure in the %A is not only foun! in the Rules of %ourt. The >nternal Rules of the %A is foun! in its so calle! Re'ise! >nternal Rules of the %ourt of Appeals 1R>R%A2. +o it is &est that you o o'er it. Bor purposes of the .AR# hin!i na *ailan an yanM There are some pro'isions *asi na wala sa Rules of %ourt. > ha'e a copy of that eh# leather7&oun!M >t "ust so happen that we ha'e an alumna who is the hea! of the Recor!s :i'ision of the %A. Anyway# ta*e note that un!er the present rules when the RT% cler* transmits the recor!s to the %A# nan!oon na an !oc*et fee. 3ow# once ori inal recor! is there# next is you will recei'e a notice from the cler* of court that all the recor!s are there# all the !ocumentary e'i!ence. An! you are now i'en 45 !ays to file an appellantEs &rief un!er +ection D which has to &e answere! &y the appellee un!er +ection 5. An! the

appellant is i'en the option to file an appellantEs reply &rief un!er +ection -. As to the contents of the appellantEs &rief an! appelleeEs &rief# you ha'e +ections (, an! (4. Section ". Title of cases. ,n all cases appealed to the .ourt of 3ppeals under Rule 4", the title of the case shall remain as it was in the court of origin, ut the party appealing the case shall e further referred to as the appellant and the ad'erse party as the appellee. !"a, R45$ Sec. 0. Counsel and guardians. The counsel and guardians ad litem of the parties in the court of origin shall e respecti'ely considered as their counsel and guardians ad litem in the .ourt of 3ppeals. 4hen others appear or are appointed, notice thereof shall e ser'ed immediately on the ad'erse party and filed with the court. !0a, R45$ Sec. 3. 'rder of trans ittal of record. ,f the original record or the record on appeal is not transmitted to the .ourt of 3ppeals within thirty !30$ days after the perfection of the appeal, either party may file a motion with the trial court, with notice to the other, for the transmittal of such record or record on appeal. !3a, R45$ Sec. 4. Docketing of case. 9pon recei'ing the original record or the record on appeal and the accompanying documents and e-hi its transmitted y the lower court, as well as the proof of payment of the doc+et and other lawful fees, the cler+ of court of the .ourt of 3ppeals shall doc+et the case and notify the parties thereof. 4ithin ten !"0$ days from receipt of said notice, the appellant, in appeals y record on appeal, shall file with the cler+ of court se'en !6$ clearly legi le copies of the appro'ed record on appeal, together with the proof of ser'ice of two !0$ copies thereof upon the appellee. 3ny unauthori@ed alteration, omission or addition in the appro'ed record on appeal shall e a ground for dismissal of the appeal. !n$ Sec. #. Co pletion of record. 4here the record of the doc+eted case is incomplete, the cler+ of court of the .ourt of 3ppeals shall so inform said court and recommend to it measures necessary to complete the record. ,t shall e the duty of said court to ta+e appropriate action towards the completion of the record within the shortest possi le time. !n$ Sec. 5. Dispensing with co plete record. 4here the completion of the record could not e accomplished within a sufficient period allotted for said purpose due to insupera le or e-tremely difficult causes, the court, on its own motion or on motion of any of the parties, may declare that the record and its accompanying transcripts and e-hi its so far a'aila le are sufficient to decide the issues raised in the appeal, and shall issue an order e-plaining the reasons for such declaration. !n$

Sec. 6. Appellant1s !rief. ,t shall e the duty of the appellant to file with the court, within forty-fi'e !4#$ days from receipt of the notice of the cler+ that all the e'idence, oral and documentary, are attached to the record, se'en !6$ copies of his legi ly typewritten, mimeographed or printed rief, with proof of ser'ice of two !0$ copies thereof upon the appellee. !"0a, R45$ Sec. (. Appellee1s !rief. 4ithin forty-fi'e !4#$ days from receipt of the appellant7s rief, the appellee shall file with the court se'en !6$ copies of his legi ly typewritten, mimeographed or printed rief, with proof of ser'ice of two !0$ copies thereof upon the appellant. !""a, R45$ Sec. 9. Appellant1s reply !rief. 4ithin twenty !00$ days from receipt of the appellee7s rief, the appellant may file a reply rief answering points in the appellee7s rief not co'ered in his main rief. !"0, R45$ Sec. "0. Ti e for filing e oranda in special cases. ,n certiorari, prohi ition, mandamus, *uo warranto and ha eas corpus cases, the parties shall file, in lieu of riefs, their respecti'e memoranda within a non-e-tendi le period of thirty !30$ days from receipt of the notice issued y the cler+ that all the e'idence, oral and documentary, is already attached to the record. !"3a, R45$ The failure of the appellant to file his memorandum within the period therefor may e a ground for dismissal of the appeal. !n$ Sec. "". $e(eral appellants or appellees or se(eral counsel for each party. 4here there are se'eral appellants or appellees, each counsel representing one or more ut not all of them shall e ser'ed with only one copy of the riefs. 4hen se'eral counsel represent one appellant or appellee, copies of the rief may e ser'ed upon any of them. !"4a, R45$ Sec. "0. )2tension of ti e time for the filing of riefs good and sufficient cause, e-tension is filed efore the e e-tended. !"#, R45$ for filing !riefs. >-tension of will not e allowed, e-cept for and only if the motion for e-piration of the time sought to

Sec. "3. Contents of appellant1s !rief. The appellant7s rief shall contain, in the order herein indicated, the following% !a$ 3 su ject inde- of the matter in the rief with a digest of the arguments and page references, and a ta le of cases alpha etically arranged, te-t oo+s and statutes cited with references to the pages where they are cited: ! $ 3n assignment of errors intended to e urged, which errors shall e separately, distinctly and concisely stated without repetition and num ered consecuti'ely: !c$ 9nder the heading DStatement of the .ase,D a clear and concise statement of the nature of the action, a summary of the proceedings, the appealed rulings and orders of the court,

the nature of the judgment and any other matters necessary to an understanding of the nature of the contro'ersy, with page references to the record: !d$ 9nder the heading DStatement of 8acts,D a clear and concise statement in a narrati'e form of the facts admitted y oth parties and of those in contro'ersy, together with the su stance of the proof relating thereto in sufficient detail to ma+e it clearly intelligi le, with page references to the record: !e$ 3 clear and concise statement of the issues of fact or law to e su mitted to the court for its judgment: !f$ 9nder the heading D3rgument,D the appellant7s arguments on each assignment of error with page references to the record. The authorities relied upon shall e cited y the page of the report at which the case egins and the page of the report on which the citation is found: !g$ 9nder the heading DRelief,D a specification of the order or judgment which the appellant see+s: and !h$ ,n cases not rought up y record on appeal, the appellant7s rief shall contain, as an appendi-, a copy of the judgment or final order appealed from. !"5a, R45$ Sec. "4. Contents of appellee1s !rief. The appellee7s rief shall contain, in the order herein indicated, the following% !a$ 3 su ject inde- of the matter in the rief with a digest of the arguments and page references, and a ta le of cases alpha etically arranged, te-t oo+s and statutes cited with references to the pages where they are cited: ! $ 9nder the heading DStatement of 8acts,D the appellee shall state that he accepts the statement of facts in the appellant7s rief, or under the heading D.ounter-Statement of 8acts,D he shall point out such insufficiencies or inaccuracies as he elie'es e-ist in the appellant7s statement of facts with references to the pages of the record in support thereof, ut without repetition of matters in the appellant7s statement of facts: and !c$ 9nder the heading D3rgument,D the appellee shall set forth his arguments in the case on each assignment of error with page references to the record. The authorities relied on shall e cited y the page of the report at which the case egins and the page of the report on which the citation is found. !"6a, R45$ This is li*e a thesis or writin a &oo* N AppellantEs an! appelleeEs &rief. @0 )hat is a &riefA )hat is its purposeA A0 The wor! =.R>EBC is !eri'e! from the Latin wor! =.RET>+C HAND BR.TT7EADJ an! the Brench wor! =.REB>EC# an! literally means a short or con!ense! statement. >ts purpose is to present to the court in concise form the points an! <uestions in contro'ersy# an! &y fair ar ument on the facts an! law of the case# to assist the court to arri'e at a "ust an! fair conclusion. >t shoul! &e prepare! as to minimiHe the la&or of the court in the examination of the recor! upon which the appeal is hear!. 1Esti'a 's. %awit# 5- Phil. 6DJ %asilan 's. %ha'eH# L7(D,,4# Be&. /5# (-6/2 +o you summariHe the case# facts# issues# ar uments# !iscussions# citations of laws. +o its li*e a !e&ate noA

Alri ht. The &est &rief writers > notice! are those in the +olicitor IeneralEs office. 8ust ima ine# the +olicitor Ieneral !efen!s all the cases of the o'ernment. )hen a criminal case is appeale! &y the accuse! to the %A or %A# automatically the +olicitor Ieneral ta*es o'er. >n the lower court# it is the fiscals LnoA +o# the +olicitor Ieneral !efen!s the case he ha! ne'er trie!. +o they "ust &ase! it on recor!s. They con!ense! !ecisions *ahit na aano an *apal# re!ucin it to (5 pa es or less. >ts really an a&ility to !o it. The shorter the &etter. People there in the +olicitor IeneralEs office are really oo! writers an! researchers &ecause that is the law office of the Repu&lic of the Philippines. Lahat !yan ma a alin # isa lan an hin!i marunon . +>3?A An +olicitor Ieneral ninyoM 4e is only a political appointee. 1B. %ha'eHA ?r Ial'eHA2 @0 >s the 457!ay perio! to file &rief exten!i&leA A0 ;E+# that is section (/. The worst 'iolator here is the +olicitor Ieneral N extension ,0 !ays# /n! extension ,0 !aysM Ianyan silaM +ometimes it ta*es them (5 months to prepare a &rief. +a&a ay# marami !in *asi silan tra&aho LnoA @0 )hen !o you file the motion for extension of time to file &riefA A0 The motion for extension of time is file! .EB?RE the expiration of the time sou ht to &e exten!e!. 1+ection (/2 .UT sometimes the +% can &e li&eral a&out extension. ?ne case is *OS;O4S;( vs. COURT OF APPEALS 23. SCRA 51 FACTS0 The %A here rante! the appellant a perio! of -0 !ays counte! from Au ust ,# (--(. +o after the 45 !ays plus -0 !ays pa from Au ust ,# (--(. +ai! -07!ay perio! en!e! on 3o'em&er (# (--(. ?n 3o'em&er 4# (--(# or , !ays after the exten!e! perio!# instea! of filin a &rief# appellant file! another motion for a /07!ay extension. %SSUE 6"0 )as the motion for extension file! on time &ase! on +ection (/A &EL'0 ;E+. =+ai! ninety7!ay perio! woul! en! on 3o'em&er (# (--(. 3o'em&er ( is a re ular holi!ay. Then Presi!ent A<uino !eclare! 3o'em&er /# (--( as a special holi!ay. The next !ay# 3o'em&er ,# (--( turne! out to &e a +un!ay. The next &usiness !ay was# therefore# 3o'em&er 4# (--( 7 a $on!ay.C =The a&o'ementione! motion was# therefore# file! on time# i.e.# the motion for the extension sou ht was file! &efore the expiration of the time sou ht to &e exten!e!.C %SSUE 620 )hen !o you compute the /07!ay extension &ein as*e! forA >s it on 3o'em&er (# the expiration of the perio!A ?r on 3o'em&er 4# the !ay of the filin of the motionA &EL'0 =The appellant specifically manifeste! that they will nee! another extension from to!ay 13o'em&er 42 within which to file appellantEs &rief# an! Lto!ayE is 3o'em&er 4. +o# the perio! commences to run on 3o'em&er 4.C +o 'ery li&eral noA Ta*e note of +ection (5 N what <uestions may an appellant raise on appeal0 Sec. "#. 3uestions that ay !e raised on appeal. 4hether or not the appellant has filed a motion for new trial in the court elow, he may include in his assignment of errors any *uestion of law or fact that has een raised in the court elow and which is within the issues framed y the parties. !"(, R45$ +o the appellant cannot raise &efore the %A on appeal any <uestion of law or fact that has not &een raise! in the lower court an! not within the issues frame! &y the parties. 4e cannot# for the first time on appeal# say

somethin which was not raise! in the trial court. Another thin is# he cannot chan e his theory on appeal# either theory on the cause of action or theory on the !efense. 3ow# sometimes it is easy to !etect whether there is chan e of theory. The only possi&le exception may&e is when you raise for the first time on appeal somethin which you ne'er raise! as in lac* of "uris!iction unless estoppel will set in as in the case of TIJA+ vs. SIBON/7ANOY. >llustratin this point is the case of R%0ERA vs. COURT OF APPEALS "1 SCRA " # !"#/#$ FACTS0 The spouses $artineH sol! their house an! lot to Ri'era. Later# they file! a complaint a ainst Ri'era !eclarin the sale as null an! 'oi! on the roun! that the sale is a mort a e. The court !ismisse! the complaint. +o the rulin of the trial court was that the sale was 'ali!. .ut on the %A# $artineH spouses praye! that they may&e allowe! to re!eem the property. The %A re'erse! the trial court an! allowe! $artineH spouses to re!eem the property. 3ow# Ri'era appeale! to the %A# conten!in that $artineH chan e the theory of their case &ecause in the ori inal complaint the latter praye! for the annulment of the sale# an! in the %A they praye! that they &e allowe! to re!eem the property. %SSUE0 )as there a chan e of theory of the $artineH spousesA &EL'0 There was 3? %4A3IE of theory. There was no surprise a ainst Ri'era or to the %A. The real purpose of the $artineH spouses in as*in for the nullity of the contract is to ena&le them to reco'er the property from Ri'era. =Prescin!in from those alle ations an! from the prayer all clearly set out in the complaint# it is fair to conclu!e that the real purpose in as*in for the nullity of the contract of sale is to ena&le the $artineH spouses to reco'er or re!eem the property they !ee!e! in fa'or of Ri'era. >t woul! &e a&sur! to pray for the nullity of an a reement an! stop there. There woul! &e a 'acuum an! the law# li*e nature# a&hors a 'acuum.C =>n the %A# they persiste! in their claim to entitlement of the ri ht to reco'er# re!eem# or repurchase. This a reement can not &e construe! as chan e of theoryJ it is persistence# plain an! simple. >t !oes not lea'e any interstice in the entire theory of the case. %onsistency in the position of the pri'ate respon!ents runs throu hout the presentation of their claim.C +o a*ala mo may chan e of theory# yun pala walaM )hy are they annullin A To reco'er their property. >n other wor!s there was no chan e of theory. @0 >s the appellee re<uire! to ma*e assi nment of errorsA A0 The APPELLEE is not re<uire! to ma*e assi nment of errors# except when his purpose is to see* affirmation of the "u! ment on other roun!s or reasons not state! in the !ecision. 1+aenH 's. $itchell# 60 Phil. 6-J Iorospe 's. PeVaflori!a# (0( Phil. 556J :y 's. Fuison# L7(6654# 3o'. ,0# (-6(2 @0 >f the appellee see*s mo!ification of the "u! ment# is it enou h for him to ma*e assi nment of errorsA A0 >n such a case# the appellee must appealJ an assi nment of error is not enou h. 1?<uiVena 's. %an!a# 5D Phiil. (/0J Iorospe 's. PeVaflori!a# s'p$aJ :y 's. Fuison# s'p$a2 IE3ERAL RULE0 >f you are the winnin party# you may appeal the !ecision if you thin* you are entitle! for more. +o# you must appeal. ;ou cannot "ust state of errors in the appelleeEs &rief. EO%EPT>?30 ;ou may state assi nment of errors to support the !ecision N to s'pp%$t# not to chan e# the !ecision. >f you want to chan e the !ecision# you appeal 1 eneral rule2. 7o?o7

Rule 45 ORIGINAL CASES @0 )hat is the !ifference &etween Rule 46 an! Rule 44A A0 Rule 44 !eals with appeale! cases. Rule 46 !eals with ori inal cases. Remem&er that the %A is &oth an ori inal an! appellate court. @0 )hat are these ori inal cases which can &e file! in the %AA A0 Un!er +ection - of .P (/-# %ertiorari# prohi&ition# man!amus# <uo warranto# annulment of "u! ment of the RT%. The Annulment of 8u! ment of the RT%# which &elon s to the exclusi'e ori inal "uris!iction of the %A# is o'erne! &y Rule 4D. 3ow# all the rest of the sections here are almost the same0 how many copies# !oc*et fees# certification of non7forum shoppin # etcW Section ". Title of cases. ,n all cases originally filed in the .ourt of 3ppeals, the party instituting the action shall e called the petitioner and the opposing party the respondent. !"a$ Rule 44 on appeal to the %A# the caption of the case is the same as the caption in the RT% 1 e.(. in the RT%# =RE: 4?T vs. L>$P .>RF>TC2. ;ou "ust a!! the wor! 0appellant an! Lappellee. .UT in Rule 44 in ori inal cases# the parties are now calle! 0petiti%ne$ an! 0$esp%ndent.E Sec. 0. To what actions applica!le. This Rule shall apply to original actions for certiorari, prohi ition, mandamus and *uo warranto. >-cept as otherwise pro'ided, the actions for annulment of judgment shall e go'erned y Rule 46, for certiorari, prohi ition and mandamus y Rule 5#, and for *uo warranto y Rule 55. !n$ Therefore# the pro'isions of Rules 65# 66 an! 4D which apply to this ori inal action shoul! &e rea! with Rule 46. 8ust rea! +ection ,. Ta*e note of the secon! para raph which was inserte! in (--5 &y +% %ircular ,-7 -52. Sec. 3. Contents and filing of petition; effect of non% co pliance with re0uire ents. The petition shall contain the full names and actual addresses of all the petitioners and respondents, a concise statement of the matters in'ol'ed, the factual ac+ground of the case, and the grounds relied upon for the relief prayed for. ,n actions filed under Rule 5#, the petition shall further indicate the material dates showing when notice of the judgment or final order or resolution su ject thereof was recei'ed, when a motion for new trial or reconsideration, if

any, was filed and when notice of the denial thereof was recei'ed. !.ir. )o. 39-9($ ,t shall e filed in se'en !6$ clearly legi le copies together with proof of ser'ice thereof on the respondent with the original copy intended for the court indicated as such y the petitioner, and shall e accompanied y a clearly legi le duplicate original or certified true copy of the judgment, order, resolution, or ruling su ject thereof, such material portions of the record as are referred to therein, and other documents rele'ant or pertinent thereto. The certification shall e accomplished y the proper cler+ of court or y his duly authori@ed representati'e, or y the proper officer of the court, tri unal, agency or office in'ol'ed or y his duly authori@ed representati'e. The other re*uisite num er of copies of the petition shall e accompanied y clearly legi le plain copies of all documents attached to the original. The petitioner shall also su mit together with the petition a sworn certification that he has not theretofore commenced any other action in'ol'ing the same issues in the Supreme .ourt, the .ourt of 3ppeals or different di'isions thereof, or any other tri unal or agency: if there is such other action or proceeding, he must state the status of the same: and if he should thereafter learn that a similar action or proceeding has een filed or is pending efore the Supreme .ourt, the .ourt of 3ppeals, or different di'isions thereof, or any other tri unal or agency, he underta+es to promptly inform the aforesaid courts and other tri unal or agency thereof within fi'e !#$ days therefrom. The petitioner shall pay the corresponding doc+et and other lawful fees to the cler+ of court and deposit the amount of &#00.00 for costs at the time of the filing of the petition. The failure of the petitioner to comply with any of the foregoing re*uirements shall e sufficient ground for the dismissal of the petition. !n$ Sec. 4. .urisdiction o(er person of respondent- how ac0uired. The court shall ac*uire jurisdiction o'er the person of the respondent y the ser'ice on him of its order or resolution indicating its initial action on the petition or y his 'oluntary su mission to such jurisdiction. !n$ )hen you file an ori inal action &efore the %A li*e certiorari# normally un!er +ection , you alrea!y furnish the a!'erse party with a copy of your petition. Then the %A will now issue a resolution# li*e for example# =:efen!antPRespon!ent# you are i'en so many !ays to comment.C That is how the %A ac<uires "uris!iction o'er your person N &y ser'in you a copy of the or!er in!icatin its initial action. +o there is no more summons &ecause you were alrea!y furnishe! a copy earlier. Sec. #. Action !y the court. The court may dismiss the petition outright with specific reasons for such dismissal or re*uire the respondent to file a comment on the same within ten !"0$ days from notice. Anly pleadings re*uired y the court shall e allowed. 3ll other pleadings and papers may e filed only with lea'e of court. !n$

Sec. 5. Deter ination of factual issues. 4hene'er necessary to resol'e factual issues, the court itself may conduct hearings thereon or delegate the reception of the e'idence on such issues to any of its mem ers or to an appropriate court, agency or office. !n$ Sec. 6. )ffect of failure to file co ent. 4hen no comment is filed y any of the respondents, the case may e decided on the asis of the record, without prejudice to any disciplinary action which the court may ta+e against the diso edient party. !n$ 7o?o7 Rule 46 ANNULMENT OF JUDGMENTS OR FINAL ORDERS AND RESOLUTIONS Rule 4D is an entirely new rule which o'erns the reme!y of annulment of "u! ments or final or!ers or resolutions. )e alrea!y met this reme!y in "u!iciary law. The %A has ori inal exclusi'e "uris!iction to annul final "u! ments an! resolutions of the RT%. 1+ection -# .P (/-2 +o it is an entirely ori inal action for annulment of "u! ment of the RT%. 3ow# that shoul! not &e confuse! with certiorari# prohi&ition an! man!amus which fall un!er the ori inal concurrent "uris!iction of the %A. Rule 4D or annulment of "u! ment of the RT% falls within the exclusi'e ori inal "uris!iction of the %A. Ta*e note that in an appeal# the "u! ment appeale! from is 'ali!. .ut in annulment un!er Rule 4D# the "u! ment is &ein as*e! to &e !eclare! 'oi!. Un!er the prior law there was no !irect rule o'ernin that reme!y. The only ui!eline for annulment of "u! ments of the RT% are !eci!e! cases. 3ow for the first time the (--D Rules ha'e a !efinite rule on how to enforce this reme!y. +o letEs rea! +ection ( &ecause this is a reme!y which has &een existin without !efinite ui!elines on how to !o it. Section ". Co(erage. This Rule shall go'ern the annulment y the .ourt of 3ppeals of judgments or final orders and resolutions in ci'il actions of Regional Trial .ourts for which the ordinary remedies of new trial, appeal, petition for relief or other appropriate remedies are no longer a'aila le through no fault of the petitioner. !n$ )ell of course the reme!y of new trial un!er Rule ,D must &e a'aile! of &efore the "u! ment or or!er &ecomes final an! executory. Also# the reme!y of appeal must also &e a'aile! &efore the "u! ment or or!er &ecomes final an! executory. >n petition for relief un!er Rule ,5# althou h the "u! ment or or!er is alrea!y final an! executory# it must &e !one still within 60 !ays an! 6 months. @0 +uppose all the a&o'ementione! reme!ies ha'e lapse!# is there a reme!y leftA A0 +ection > says ;E+. There is annulment of "u! ment &ut only on limite! roun!s.

3ow what are the roun!s for annulment of "u! mentA +ection /0 Sec. 0. 4rounds for annul ent. The annulment may e ased only on the grounds of e-trinsic fraud and lac+ of jurisdiction. >-trinsic fraud shall not e a 'alid ground if it was a'ailed of, or could ha'e een a'ailed of, in a motion for new trial or petition for relief. !n$ @0 )hat are the roun!s for annulment of "u! ment un!er +ection /A A0 The roun!s reco niHe! &y law for annulment of "u! ment are the only two 1/20 (.2 The "u! ment was secure! throu h extrinsic frau!J or Extrinsic frau! shoul! not &e a 'ali! roun! if a'aile! of# or coul! ha'e &een a'aile! of# in a motion for new trial or petition for relief. /.2 The "u! ment is 'oi! for lac* of "uris!iction. -i$st /$%'nd: ELTRINSI, -RA.D @0 4ow !o we !escri&e the reme!y of annulment of "u! mentA A0 Annulment of "u! ment is !escri&e! &riefly as a reme!y a ainst a "u! ment which is alrea!y final an! executory when the reme!y of appeal an! new trial is alrea!y lost. Petition for relief un!er Rule ,5 is a reme!y a ainst a final an! executory "u! ment *aya lan meron !ea!line N 6 months an! 60 !ays. +o after these perio!s lapse# wala na. +a petition for relief# apat yon eh0 Brau!# acci!ent# mista*e an! excusa&le ne li ence. >n annulment of "u! ment# wala na yun acci!ent# mista*e an! excusa&le ne li ence. .ut yun EOTR>3+>% BRAU: natira pa. That is the only one which can &e left &ehin! un!er Rule 4D. @0 3ow what is meant &y extrinsic frau! A A0 )e alrea!y !iscusse! this. Brau!# to &e a roun! for nullity of a "u! ment# must &e extrinsic N that frau! !one &y the a!'erse party which pre'ente! a party from ha'in a trial or from presentin his case fully. Therefore# intrinsic frau! is not a roun! for new trial. >t is not a roun! for petition for relief. An! it is not a roun! for annulment. >3TR>3+>% BRAU: is that frau! which was an issue in the liti ation such as per"ury# false testimony# concealment of e'i!entiary facts# &ut !i! not pre'ent you from presentin your case. That is not a roun! for annulment of "u! ment. +o ta*e note of that principle. COS*%C LU*+ER CORP. vs. COURT OF APPEALS 25 SCRA " / !"## $ FACTS0 %osmic Lum&er owns a piece of lan! occupie! &y some s<uatters. 3ow# %osmic Lum&er execute! a &oar! resolution for a special power of attorney authoriHin an attorney7in7fact to initiate# institute an! file in any court action for the e"ectment of the s<uatters from its property. Then the a ent &y 'irtue of the power of attorney# file! a case to reco'er a portion of this property from its occupants &efore the RT%. )hile the case was oin on# the a ent 1the attorney7in7 fact2 entere! into a compromise a reement with the s<uatters. >n the compromise a reement# the attorney7in7fact sol! the property

or lan! to the s<uatter for only P/6#000. An! the compromise a reement was appro'e! &y the court an! it &ecame final an! executory. 3ow it was se'eral years later that the %osmic Lum&er hear! a&out it. The %osmic Lum&er file! an action to annul the "u! ment &efore the %A on the roun! of extrinsic frau!. The CA0 The case will &e !ismisse! &ecause that is not one of the roun!s for annulment of "u! ment &ecause the alle e! nullity of the compromise "u! ment# &ecause petitionerEs attorney7in7fact was not authoriHe! to sell the property. That !oes not amount to extrinsic frau!. That was frau! &y your own representati'e# it is not frau! &y the other party. The one who exercise! frau! was your own attorney7in7fact# not the s<uatter. +o *aya n a that is not a roun!. The %A !ismisse! the action. +o %osmic Lum&er went to the +%. &EL'0 =The petition to annul the !ecision of the trial court in ci'il case &efore the %A was proper. Emanatin as it !i! from a 'oi! compromise a reement# the trial court ha! no "uris!iction to ren!er a "u! ment &ase! thereon.C +o there is another roun! N lac* of "uris!iction. =The hi hly reprehensi&le con!uct of attorney7in7fact in the ci'il case constitute! an extrinsic or collateral frau! &y reason of which the "u! ment ren!ere! thereon shoul! ha'e &een struc* !own. 3ot all the le al semantics in the worl! can &eclou! the unassaila&le fact that petitioner was !ecei'e! an! &etraye! &y its attorney7in7fact. The latter !eli&erately conceale! from petitioner# her principal# that a compromise a reement ha! &een for e! with the en! result that a portion of petitionerEs property was sol! literally for a son # for P/6#000. Thus completely *ept unaware of its a entEs artifice# petitioner was not accor!e! e'en a fi htin chance to repu!iate the settlement so much so that the "u! ment &ase! thereon &ecame final an! executory.C =Bor sure# the %A restricte! the concept of frau!ulent acts within too narrow limits. Brau! may assume !ifferent shapes an! &e committe! in as many !ifferent ways an! here lies the !an er of attemptin to !efine frau!. Bor man in his in enuity an! fertile ima ination will always contri'e new schemes to fool the unwary.C +o frau! &y your attorney7in7fact is also consi!ere! as a roun! for annulment.

Se#%nd /$%'nd: J.D/+ENT IS MOID >f we follow "urispru!ence# there is a thir! roun! which is implie!0 LA%F ?B :UE PR?%E++. )hen there is lac* of !ue process there is also lac* of "uris!iction. @0 4ow !o you attac* a "u! ment which is 'oi!A A0 >t !epen!s0 a.2 when the "u! ment is null an! 'oi! on its 'ery face# the "u! ment may &e attac*e!0 (.2 :>RE%TL;J or /.2 %?LLATERALL;J &.2 when the nullity is not apparent on the face of the "u! ment# the "u! ment can &e attac*e! only &e :>RE%TL; attac*e!. @0 )hat is a %?LLATERAL ATTA%FA A0 $eanin # there is no nee! for me to file a case &ut > can in'o*e its nullity anytime &ecause a "u! ment which is 'oi! on its 'ery face can &e attac*e! at anytime# in any manner anywhere. EOA$PLE of %ollateral attac*0 ;ou are mo'in to execute a "u! ment. > will oppose the execution on the roun! that the "u! ment is 'oi!. That is collateral attac*. >Em "ust sayin that the "u! ment cannot &e

enforce! &ecause it is null an! 'oi!. .ut > ne'er file! a !irect action to !eclare its nullity. That can &e !one if the "u! ment is 'oi! on its 'ery face. @0 )hat is a :>RE%T ATTA%FA A0 .y !irect attac* means you must file an action to !eclare its nullity. +o there must &e a case for its annulment. A ain# when the "u! ment is null an! 'oi! on its face# 1(2 you may file a !irect action to annul it un!er Rule 4D. ?r# 1/2 it can also &e attac*e! collaterally# a !irect attac* is not necessary. A collateral attac* will suffice. EOA$PLE0 RT% !eci!e! a forci&le entry. .y simply rea!in the !ecision# o&'iously the RT% has no "uris!iction. Therefore# > can attac* it !irectly &y filin a case for its annulment un!er Rule 4D. ?R# > will not file a case un!er Rule 4D &ut > will attac* it collaterally. $eanin # &ayaan *o lan . > will raise that issue !urin execution. >f you mo'e for execution# > can oppose# !Y%' #ann%t eFe#'te 1e#a'se t"e RT, "as n% &'$isdi#ti%n %ve$ t"e #ase. T"e$ef%$e t"e &'d()ent is v%id. +o it is not necessary to file a case to !eclare the !ecision as null an! 'oi!. That is collateral attac*. .ut if the "u! ment is not 'oi! on its face &ut the nullity is intrinsic or na*ata o N not o&'ious &a N the rule is# you must file a !irect action for its annulment which must &e !one &efore the action is &arre! &y laches or estoppel. +o it is necessary to file a case for annulment of "u! ment un!er Rule 4D. )ell of course# certiorari un!er Rule 65 is also a roun! for attac*in a "u! ement &ut the trou&le is you are limite! to , roun!s0 Lac* of "uris!iction# excess of "uris!iction an! ra'e a&use of !iscretion. )alan extrinsic frau!. That is o'erne! &y Rule 65 an! not &y Rule 4D. An! un!er Rule 65# you can a'ail of certiorari only within 60 !ays. .ut if you want annulment# it coul! &e lon er un!er Rule 4D. That is un!er section ,. That coul! &e a &i !ifference. $oreo'er# what !o you attac* in certiorariA 3ormally# interlocutory or!ers eh. .ut a final "u! ment can &e attac*e! &y annulment un!er Rule 4D. 3ow# those reme!ies were summariHe! in the case of +A(O, vs. NAT%NO 25/ SCRA 31/ !"## $ &EL'0 >t is a settle! rule that a final an! executory "u! ment may &e set asi!e in three 1,2 ways. To wit0 (. .y petition for relief from "u! ment un!er Rule ,5J /. )hen the "u! ment is 'oi! for want of "uris!iction# &y !irect attac*# &y certiorari# annulment of "u! ment or &y collateral attac*J and ,. )hen the "u! ment was o&taine! &y frau! an! Rule ,5 cannot &e applie! anymore. +o those are the summary of the reme!ies. %SLA*%C 'A0AO COUNSEL vs. COURT OF APPEALS "1/ SCRA "1/ %SSUE 6"0 %an a person# who is not a party to the "u! ment# file an action for annulment of "u! mentA &EL'0 A person who is not a part of the "u! ment may sue for its annulment PR?T>:E: that he can pro'e 6(9 that the "u! ment was o&taine! throu h frau! an! collusion an! 6/9 that he woul! &e a!'ersely affecte! there&y.

%SSUE 620 +uppose the "u! ment ha! alrea!y &een fully execute! an! implemente!# can you still file a case for annulment of "u! mentA &EL'0 ;E+. )e will also annul the execution. >f there is no execution yet# the proper reme!y normally is you file an action for annulment an! as* for the issuance of a writ of preliminary in"unction so that it will not &e enforce!. Pero *un na7enforce! na pwe!e pa man !in &a. +U$$AR;0 Possi&le reme!ies of !efen!ant !eclare! in :EBAULT0 (.2 Rule -# +ection , 6&9 N $otion to lift ?r!er of :efault# there is still no "u! mentJ roun!0 BA$EJ /.2 Rule ,D N $otion for new trial# "u! ment not yet finalJ Iroun!0 BA$EJ ,.2 Rule ,5 N Petition for relief within 60 !ays an! 6 months# "u! ment is alrea!y finalJ roun!0 BA$EJ 4.2 Rule 4( N Appeal within (5 !aysJ roun!0 :efault "u! ment is contrary to law or e'i!enceJ 5.2 Rule 4D N Annulment of "u! mentJ Iroun!0 Extrinsic Brau!J 6.2 Rule 65 N %ertiorariJ roun!0 Lac* or excess of "uris!iction or ra'e a&use of !iscretion @0 )hat is the perio! to file an action for annulment on the roun! of extrinsic frau!A A0 +ection ,0 Sec. 3. Period for filing action. ,f ased on e-trinsic fraud, the action must e filed within four !4$ years from its disco'ery: and if ased on lac+ of jurisdiction, efore it is arred y laches or estoppel. !n$ This is &ase! on !eci!e! cases. >f your roun! is extrinsic frau!# the action is file! within four 142 years from its !isco'ery. 3ow# if it is &ase! on lac* of "uris!iction# &efore it is &arre! &y laches or estoppel. That is 'ery elastic N laches or estoppel. Althou h if you loo* at the strict law &ase! on Article ((44 of the 3ew %i'il %o!e# the prescripti'e perio! really is (0 years for any action on "u! ment. That is the strict law &ut it coul! &e &arre! earlier &y laches or estoppel. 3ow as to the contents of the petition# we ha'e +ection 40 Sec. 4. /iling and contents of petition. The action shall e commenced y filing a 'erified petition alleging therein with particularity the facts and the law relied upon for annulment, as well as those supporting the petitioner7s good and su stantial cause of action or defense, as the case may e. The petition shall e filed in se'en !6$ clearly legi le copies, together with sufficient copies corresponding to the num er of respondents. 3 certified true copy of the judgment or final order or resolution shall e attached to the original copy of the petition intended for the court and indicated as such y the petitioner. The petitioner shall also su mit together with the petition affida'its of witnesses or documents supporting the cause of action or defense and a sworn certification that he has not theretofore commenced any other action in'ol'ing the same issues in the Supreme .ourt, the .ourt of 3ppeals or different di'isions thereof, or any other tri unal or agency: if there is such other action or proceeding, he must state the status

of the same, and if he should thereafter learn that a similar action or proceeding has een filed or is pending efore the Supreme .ourt, the .ourt of 3ppeals, or different di'isions thereof, or any other tri unal or agency, he underta+es to promptly inform the aforesaid courts and other tri unal or agency thereof within fi'e !#$ days therefrom.!n$ Ta*e note that yun m a affi!a'its of your witnesses or !ocuments supportin your cause of action must &e attache! alrea!y. ;ou correlate this with Rule ,D# +ection / on new trial an! Rule ,5# +ection , on petition for relief. )hat !oes Rule ,D# +ection / an! Rule ,5# +ection , say a&out motion for new trial or petition for reliefA There is also an ABB>:AT>T ?B $ER>T+ showin the nature of the frau!# acci!ent an! the meritorious cause of action or !efense. +o more or less that principle also applies in Rule 4D. Sec. #. Action !y the court. Should the court find no su stantial merit in the petition, the same may e dismissed outright with specific reasons for such dismissal. Should prima facie merit e found in the petition, the same shall e gi'en due course and summons shall e ser'ed on the respondent. !n$ Un!er +ection 5# the court may !ismiss outri ht the petition if there is no merit or no su&stantial merit. >f there is# then the same shall &e i'en !ue course an! summons shall &e ser'e! on the respon!ent. Ta*e note there will &e +U$$?3+ here. Unli*e in Rule 46# walan summons yon. .ut here# there will &e summons &y the %A. That is the !ifference &etween Rule 4D an! Rule 46. Sec. 5. Procedure. The procedure in ordinary ci'il cases shall e o ser'ed. Should a trial e necessary, the reception of the e'idence may e referred to a mem er of the court or a judge of a Regional Trial .ourt. !n$ @0 )hat happens if the "u! ment is annulle!A %an the plaintiff re7file the caseA A0 ;E+# &ecause it is as if there was no "u! ment. +ection D0 Sec. 6. )ffect of judg ent. 3 judgment of annulment shall set aside the *uestioned judgment or final order or resolution and render the same null and 'oid, without prejudice to the original action eing refiled in the proper court. <owe'er, where the judgment or final order or resolution is set aside on the ground of e-trinsic fraud, the court may on motion order the trial court to try the case as if a timely motion for new trial had een granted therein. !n$ +o if the "u! ment is set asi!e on the roun! of extrinsic frau!# the action can &e re7file!. The court may# on motion# or!er the trial court to try the case as if a timely motions for the trial ha! &een rante! therein. That is similar to Rule ,5# +ection 6. Remem&er when the court rants a petition for relief# the case will &e trie! all o'er a ain as if a timely motion for new trial has &een file!. @0 )hat happens if &y the time you re7file the case the prescripti'e perio! has alrea!y lapse!A A0 As a eneral rule# while the action for annulment is pen!in # the prescripti'e perio! for filin is interrupte!. That is +ection 50

Sec. (. $uspension of prescripti(e period. The prescripti'e period for the refiling of the aforesaid original action shall e deemed suspended from the filing of such original action until the finality of the judgment of annulment. <owe'er, the prescripti'e period shall not e suspended where the e-trinsic fraud is attri uta le to the plaintiff in the original action. !n$ @0 )hat happens if a "u! ment is annulle! an! it was earlier execute!A A0 +ection -0 Sec. 9. Relief a(aila!le. The judgment of annulment may include the award of damages, attorney7s fees and other relief. ,f the *uestioned judgment or final order or resolution had already een e-ecuted, the court may issue such orders of restitution or other relief as justice and e*uity may warrant under the circumstances. !n$ Un!er +ection -# the court may issue or!er of restitution or other reliefs as "ustice an! e<uity may warrant. That is similar to Rule ,-# +ection 5 N in case of execution pen!in appeal an! the appeale! "u! ment is re'erse!# the court will now or!er mutual restitution pursuant to Rule ,-# +ection 5. Sec. "0. Annul ent of judg ents or final orders of &unicipal Trial Courts. 3n action to annul a judgment or final order of a 1unicipal Trial .ourt shall e filed in the Regional Trial .ourt ha'ing jurisdiction o'er the former. ,t shall e treated as an ordinary ci'il action and sections 0, 3, 4, 6, ( and 9 of this Rule shall e applica le thereto. !n$ > ha'e always maintaine! this 'iew. As > sai!# if we will loo* at the "u!iciary law# it only mentions annulment of "u! ments of Re ional Trial %ourts which shoul! &e file! in the %A 1exclusi'e ori inal2. An! the @UE+T>?3 is as*e!: !+e$%n 1an( a#ti%n f%$ ann'l)ent %f &'d()ents %f +T,2 ;aannM Answer0 ;E+. Fun meron annulment of "u! ment of the RT%# &y implication# meron !in an $T%. ;ou cannot file it in the %A. ;ou file it in the RT%. Annulment of "u! ment of the $T% will fall un!er the rule on "uris!iction of the RT% A an3 a#ti%n *"i#" d%es n%t 1el%n( t% t"e &'$isdi#ti%n %f an3 %t"e$ #%'$ts 1+ection (- 669# .P (/-2 or# an a#ti%n t"e s'1&e#t )atte$ %f *"i#" is in#apa1le %f pe#'nia$3 esti)ati%n 1+ection (- 6(9# .P (/-2 That woul! &e the authority. 3ow itEs 'ery clear# meron tala a. >t is now state! cate orically there is an action for annulment of "u! ment also of the $T%. >t must &e file! in the RT% ha'in "uris!iction o'er the $T%. The roun!s are i!entical as those foun! in the pre'ious section. +o this is an entirely new section. 7o?o7 Rule 4( PRELIMINARY CONFERENCE

Preliminary %onference is li*e a pre7trial in the %A. >&a lan an tawa &ut it is really a pre7trial &ecause there are cases which fall un!er the ori inal "uris!iction of the %A# li*e annulment of "u! ment of the RT%. >ts purpose is the same as in Rule (5 on pre7trial. Section ". Preli inary conference. 3t any time during the pendency of a case, the court may call the parties and their counsel to a preliminary conference% !a$ To consider the possi ility of an amica le settlement, e-cept when the case is not allowed y law to e compromised: ! $ To define, simplify and clarify the issues for determination: !c$ To formulate stipulations of facts and admissions of documentary e-hi its, limit the num er of witnesses to e presented in cases falling within the original jurisdiction of the court, or those within its appellate jurisdiction where a motion for new trial is granted on the ground of newly disco'ered e'idence: and !d$ To ta+e up such other matters which may aid the court in the prompt disposition of the case. !n$ Sec. 0. Record of the conference. The proceedings at such conference shall e recorded and, upon the conclusion thereof, a resolution shall e issued em odying all the actions ta+en therein, the stipulations and admissions made, and the issues defined. !n$ Sec. 3. 5inding effect of the results of the conference. Su ject to such modifications which may e made to pre'ent manifest injustice, the resolution in the preceding section shall control the su se*uent proceedings in the case unless, within fi'e !#$ days from notice thereof, any party shall satisfactorily show 'alid cause why the same should not e followed. !n$ 7o?o7 Rule 49 ORAL ARGUMENTS The %A may or may not re<uire oral ar ument. 8ust rea! that. Section ". When allowed. 3t of a party, the court may hear the merits of a case, or connection therewith. !n$ The oral argument shall e court may specify in its order its own instance or upon motion the parties in oral argument on on any material incident in limited to such matters as the or resolution. !"a, R4($

Sec. 0. Conduct of oral argu ent. 9nless authori@ed y the court, only one counsel may argue for a party. The duration allowed for each party, the se*uence of the argumentation, and all other related matters shall e as directed y the court. !n$

Sec. 3. *o hearing or oral argu ent for otions. 1otions shall not e set for hearing and, unless the court otherwise directs, no hearing or oral argument shall e allowed in support thereof. The ad'erse party may file o jections to the motion within fi'e !#$ days from ser'ice, upon the e-piration of which such motion shall e deemed su mitted for resolution. !0a, R49$ 4ow are cases !eci!e! in the %AA 3ormally# you file your petitionJ su&mit ar ument in writin J then you wait for the !ecision. .ut sometimes# the %A is pro'o*e! &y le al issues. +o the %A woul! !eci!e to listen to oral ar uments of the parties# especially when the case is contro'ersial. Un!er +ection ,# one !ifference &etween motions file! in the RT% an! in the %A is that0 a.2 in the RT%# there must &e notice of hearin 1Rule (52 attache! to the motion# otherwise it will &e !enie!J &.2 in the %A# there is no nee! for notice of hearin to &e attache! to the motion. 7o?o7 Rule #0 DISMISSAL OF APPEAL Iroun!s for !ismissal of appeal in the %A. Ta*e note that un!er +ection (# an appeal may &e !ismisse! &y the %A on its own 1motu propio2 or upon motion of the appellee. An! there are nine 1-2 roun!s for !ismissal of appeal un!er +ection (0 Section ". 4rounds for dis issal of appeal. 3n appeal may e dismissed y the .ourt of 3ppeals, on its own motion or on that of the appellee, on the following grounds% !a$ 8ailure of the record on appeal to show on its face that the appeal was ta+en within the period fi-ed y these Rules: ! $ 8ailure to file the notice of appeal or the record on appeal within the period prescri ed y these Rules: !c$ 8ailure of the appellant to pay the doc+et and other lawful fees as pro'ided in section # of Rule 40 and section 4 of Rule 4": !d$ 9nauthori@ed alterations, omissions or additions in the appro'ed record on appeal as pro'ided in section 4 of Rule 44: !e$ 8ailure of the appellant to ser'e and file the re*uired num er of copies of his rief or memorandum within the time pro'ided y these Rules: !f$ 3 sence of specific assignment of errors in the appellant7s rief, or of page references to the record as re*uired in section "3, paragraphs !a$, !c$, !d$ and !f$ of Rule 44: !g$ 8ailure of the appellant to ta+e the necessary steps for the correction or completion of the record within the time limited y the court in its order: !h$ 8ailure of the appellant to appear at the preliminary conference under Rule 4( or to comply with orders, circulars, or directi'es of the court without justifia le cause: and !i$ The fact that the order or judgment appealed from is not appeala le. !"a: >n /anc Resolution, 8e . "6, "99($

-i$st /$%'nd: 4a5 -AIL.RE O- T7E RE,ORD ON APPEAL TO S7OG ON ITS -A,E T7AT T7E APPEAL GAS TANEN GIT7IN T7E PERIOD -ILED BY T7ESE R.LESO +o this only applies in cases where a recor! on appeal is re<uire!. Bailure to show on its face that the appeal was perfecte! on time N meanin # the appeal mi ht ha'e &een perfecte! on time &ut &y rea!in the recor! on appeals# you will not see it. 3ormally# that happens when the party !i! not state the exact !ate when he recei'e! the !ecision. 4e may "ust state the !ate of the !ecision without statin the !ate of receipt. )ith that# the court will presume that you recei'e! it on the !ate of the !ecision. >t mi ht &e &eyon! the perio! to appeal. +o on its face# there is no showin whether the appeal was within the ,0 !ay perio! or not. The first roun! is calle! the $ATER>AL :ATA RULE N that the recor! on appeal must show on its face that the appeal was ta*en on time. >n the (-D, case of .ERFE3F?TTER T+. %A# this roun! was suppose! to &e a&olishe! alrea!y where the +% sai! that from now on# )e will no lon er follow the material !ata rule. $eanin this is a&an!one!. +o# > won!er &a*it &inali* ito sa (--D Rules &ecause since (-D,# the +% has alrea!y refuse! to apply this roun!. +o when they !rafte! the Rules# !apat tinan al na yon. .a*it nan!ito na namanA They mi ht ha'e for otten that it has &een a&an!one! &y "urispru!ence# unless the intention is to return it. Se#%nd /$%'nd: 415 -AIL.RE TO -ILE T7E NOTI,E O- APPEAL OR T7E RE,ORD ON APPEAL GIT7IN T7E PERIOD PRES,RIBED BY T7ESE R.LESO Ta*e note that un!er para raph 6a9# the appeal was file! on time &ut the recor! on appeal !oes not show that it was file! on time. .ut here in para raph 6&9# the appeal is really out of time. Ta*e note that you can raise this roun! in the trial court. The trial court is also authoriHe! to !ismiss an appeal on this roun! 1Rule 4(# +ection (,2. .ut assumin that you faile! to raise it in the trial court# you can raise it in the %A. @0 Are you un!er estoppel for not raisin it earlier in the RT%A $eanin # why !i! you not &rin it out earlier# &a*it hinintay pa sa %AA A0 There is no estoppel here &ecause actually this is a "uris!ictional challen e. )hen the notice of appeal is file! out of time or &eyon! (5 !ays# actually the "u! ment of the RT% has alrea!y &ecome final an! executory. +o you are now challen in the "uris!iction of the %A. $eanin # you are tryin to say that the %A has no "uris!iction to re'iew on appeal a "u! ment of the RT% which has alrea!y &een final an! executory. @0 :oes the %A ha'e the power to re'iew an! re'erse an RT% "u! ment which is alrea!y final an! executoryA A0 3o more. The "u! ment which is alrea!y final cannot &e chan e! &y the %A. $eanin # the %A has no "uris!iction to entertain the appeal in that case. +o in effect# it is a "uris!ictional challen e which can &e raise! e'en in the %A e'en if not raise! earlier in the RT%. T"i$d /$%'nd: 4#5 -AIL.RE O- T7E APPELLANT TO PAY T7E DO,NET AND OT7ER LAG-.L -EES AS PROMIDED IN SE,TION = O- R.LE E9 AND SE,TION E O- R.LE E:O

+ection 5 of Rule 40 is a&out filin of !oc*et fees if you appeal from the $T% to the RT%. +ection 4 of Rule 4( refers to filin of !oc*et fees when the appeal is from RT% to %A. @0 )hen !o you pay the !oc*et fee A A0 )ithin the (57!ay perio!# you alrea!y pay it in the RT% cler* of court. Unli*e &efore you pay it with the %A later. That is why as > sai!# failure to pay the !oc*et fee in the RT% is a roun! for !ismissal of the appeal &ecause of this. @0 .ut how a&out failure to pay the appeal fee in the $T% prior to transmittal to the RT%A >s it a roun! for !ismissal &y the %AA A0 To my min! 3? &ecause why will the %A !ismiss it when the appeal is in the RT%A .a*it an %A ma 7!ismiss# wala man an *aso sa *anilaA The %A has nothin to !o with the appeal. >t is suppose! to &e in the RT%# &a*it an %A an ma 7!ismissA >n other wor!s# there is somethin wron with this amen!ment. 1referrin to =+ection 5 of Rule 40C2 .ut if the appeal is from the RT% to the %A# you must you must pay the !oc*et fees &ecause it is a specific roun! for !ismissal for the !ismissal un!er Rule 50. -%'$t" /$%'nd: 4d5 .NA.T7ORIPED ALTERATIONS, O+ISSIONS OR ADDITIONS IN T7E APPROMED RE,ORD ON APPEAL AS PROMIDED IN SE,TION E O- R.LE EEO ThatEs only when there is a recor! on appeal. )hen the recor! on appeal is appro'e!# you ha'e to repro!uce it an! you are not allowe! to ma*e any alteration# re'ision or a!!ition. -i$t" /$%'nd: 4e5 -AIL.RE O- T7E APPELLANT TO SERME AND -ILE T7E REK.IRED N.+BER O- ,OPIES O- 7IS BRIE- OR +E+ORAND.+ GIT7IN T7E TI+E PROMIDED BY T7ESE R.LESO Bailure of the appellant to ser'e an! file the re<uire! num&er of copies of his &rief. +o# failure to file the appellantEs &rief is a roun! for !ismissal of the appeal. @0 3ow# suppose it is the appellee who !i! not file any &rief# what will happen A A0 ;ou !o not !ismiss the appeal &ut the case will &e su&mitte! for !ecision without appelleeEs &rief. The %A will ma*e a resolution that the case was su&mitte! without the appelleeEs &rief. @0 :oes it mean to say that talo na Lyun appelleeA A0 3?. There are many cases >E'e seen where the appellee !i! not file any &rief N Talo man ihapon an appellant &ecause anyway the appellantEs &rief has no merit. .ut normally in cases na !eli*a!o# you &etter file an appelleeEs &rief. ;ou owe that to your client. 8ust ima ine# lahat n ar uments !un hin!i sa utin. ThatEs 'ery !an erousM SiFt" /$%'nd: 4f5 ABSEN,E O- SPE,I-I, ASSI/N+ENT O- ERRORS IN T7E APPELLANTS BRIE-, OR O- PA/E RE-EREN,ES TO T7E RE,ORD AS REK.IRED IN SE,TION :B, PARA/RAP7S 4A5, 4,5, 4D5 AND 4-5 O- R.LE EEO )ell# you may file an appellantEs &rief# eh wala naman pa e references# wala naman assi nment of errors. $y Io!M )hat *in! of &rief is thatM 1;% .i*ini .riefsA2 Tery sloppyM ;ou file a &rief without tellin the %A *un anon mali an! then you expect the %A to loo* for the errors. $y ollyM :o not expect the %A to !o that. $eron !apat citations N e.(. =+ee Exhi&it LAEC# =+ee transcriptWC $eron reference &aM li*e *un anon pa e yan.

3ow if you file a &rief without footnotes# without citin the law# without citin the transcript# without citin the exhi&it# that woul! &e !ismisse!. ThatEs what happene! in the (--5 case of 'EL ROSAR%O vs. COURT OF APPEALS /4( +%RA 55, 6(--59 BA%T+0 The %A !ismisse! the case simply &ecause the appellantEs &rief was sloppily written N no reference to exhi&it# no reference to pa e# no reference to anythin . >t was !ismisse!M The appellant went to the +% plea!in li&erality. 4EL:0 =PetitionerEs plea for li&erality in applyin these rules in preparin AppellantEs .rief !oes not !eser'e any sympathy. Lon in raine! in our "urispru!ence is the rule that the ri ht to appeal is a statutory ri ht an! a party who see*s to a'ail of the ri ht must faithfully comply with the rules. :e'iations from the rules cannot &e tolerate!. The rationale for this strict attitu!e is not !ifficult to appreciate. These rules are !esi ne! to facilitate the or!erly !isposition of appeale! cases. >n an a e where courts are &e!e'ile! &y clo e! !oc*ets# these rules nee! to &e followe! &y appellants with reater fi!elity. Their o&ser'ance cannot &e left to the whims an! caprices of appellants.C Sevent" /$%'nd: 4(5 -AIL.RE O- T7E APPELLANT TO TANE T7E NE,ESSARY STEPS -OR T7E ,ORRE,TION OR ,O+PLETION O- T7E RE,ORD GIT7IN T7E TI+E LI+ITED BY T7E ,O.RT IN ITS ORDERO +ometimes yun recor! mo *ulan 7*ulan &a. An! the party may &e !irecte! to wor* for the completion. >f you fail to complete the recor!# your appeal will &e !ismisse!. Please connect this with two pre'ious pro'isions tal*in a&out completion of the recor! in an appeale! case. >Em referrin to Rule 4(# +ection (0 an! Rule 44# +ections 5 to 6 &ecause these pro'isions tal* also of completion of recor!. 4please $efe$ t% 3%'$ #%dals5 Rule 4", Sec. "0. Duty of clerk of court of the lower court upon perfection of appeal. 4ithin thirty !30$ days after perfection of all the appeals in accordance with the preceding section, it shall e the duty of the cler+ of court of the lower court% !a$ To 'erify the correctness of the original record or the record on appeal, as the case may e, and to ma+e a certification of its correctness: ! $ To 'erify the completeness of the records that will e transmitted to the appellate court: !c$ ,f found to e incomplete, to ta+e such measures as may e re*uired to complete the records, a'ailing of the authority that he or the court may e-ercise for this purpose: and !d$ To transmit the records to the appellate court. ,f the efforts to complete the records fail, he shall indicate in his letter of transmittal the e-hi its or transcripts not included in the records eing transmitted to the appellate court, the reasons for their non-transmittal, and the steps ta+en or that could e ta+en to ha'e them a'aila le.

The cler+ of court shall furnish the parties with copies of his letter of transmittal of the records to the appellate court. Rule 44, Sec. #. Co pletion of record. 4here the record of the doc+eted case is incomplete, the cler+ of court of the .ourt of 3ppeals shall so inform said court and recommend to it measures necessary to complete the record. ,t shall e the duty of said court to ta+e appropriate action towards the completion of the record within the shortest possi le time. Rule 44, Sec. 5. Dispensing with co plete record. 4here the completion of the record could not e accomplished within a sufficient period allotted for said purpose due to insupera le or e-tremely difficult causes, the court, on its own motion or on motion of any of the parties, may declare that the record and its accompanying transcripts and e-hi its so far a'aila le are sufficient to decide the issues raised in the appeal, and shall issue an order e-plaining the reasons for such declaration. Ei("t /$%'nd: 4"5 -AIL.RE O- T7E APPELLANT TO APPEAR AT T7E PRELI+INARY ,ON-EREN,E .NDER R.LE E> OR TO ,O+PLY GIT7 ORDERS, ,IR,.LARS, OR DIRE,TIMES OT7E ,O.RT GIT7O.T J.STI-IABLE ,A.SEO AND ThatEs a new roun! N failure to appear on the preliminary conferenceJ failure to comply with or!ers# circulars# !irecti'es of the court without "ustifia&le cause. That is 'ery &roa!. ThatEs a new one not foun! in the ol! law. Nint" /$%'nd: 4i5 T7E -A,T T7AT T7E ORDER OR J.D/+ENT APPEALED -RO+ IS NOT APPEALABLE. The fact that the "u! ment or or!er appeale! from is not appeala&le. >nterlocutoryM @0 )hat are the "u! ments or or!ers which are not appeala&leA A0 ;our reference is Rule 4(# +ection (0 Rule 40, Section ". $u!ject of appeal. - - - - - )A 3&&>3= may e ta+en from% !a$ 3n order denying a motion for new trial or reconsideration: ! $ 3n order denying a petition for relief or any similar motion see+ing relief from judgment: !c$ 3n interlocutory order: !d$ 3n order disallowing or dismissing an appeal: !e$ 3n order denying a motion to set aside a judgment y consent, confession or compromise on the ground of fraud, mista+e or duress, or any other ground 'itiating consent: !f$ 3n order of e-ecution: !g$ 3 judgment or final order for or against one or more of se'eral parties or in separate claims, counterclaims, crossclaims and third-party complaints, while the main case is pending, unless the court allows an appeal therefrom: and

!h$ 3n order dismissing an action without prejudice. - - - - - +o# if you appeal on any one of them# the other party can file a motion to !ismiss on the roun! that it is not appeala&le. 3ow# there is one roun! for !ismissal un!er the ol! rule na nawala naman. ;un &an !fail'$e t% p$%se#'te t"e appeal# when the recor!s are not ele'ate! to the %A the appeal can &e !ismisse!. $eanin # you ha'e to follow up the cler* of court. 3awala yun eh. That roun! seems to ha'e &een a&an!one!. > thin* the attitu!e there is let us not punish the appellant for the fault of the cler* of court. @0 >s a !efault "u! ment appeala&leA A0 ;E+. >t is appeala&le &ecause it is a final "u! ment an! not merely interlocutory. Althou h un!er the L64 Rules# there is a !irect pro'ision that a !efault "u! ment is appeala&le. 3ow# that pro'ision has !isappeare!. .ut e'en if it is not mentione! now# !efault "u! ment is now co'ere! &y Rule 4( on final "u! ments. Sec. 0. Dis issal of i proper appeal to the Court of Appeals. 3n appeal under Rule 4" ta+en from the Regional Trial .ourt to the .ourt of 3ppeals raising only *uestions of law shall e dismissed, issues purely of law not eing re'iewa le y said court. Similarly, an appeal y notice of appeal instead of y petition for re'iew from the appellate judgment of a Regional Trial .ourt shall e dismissed. !n$ 3n appeal erroneously ta+en to the .ourt of 3ppeals shall not e transferred to the appropriate court ut shall e dismissed outright. !3a$ $eanin # you must appeal to the ri ht court an! you must use the proper mo!e of appeal. This incorporates in the Rules the resolutions of the +% in the (--0 En .anc Resolution in $?R>LL? vs. %?3+UL 1not foun! in the +%RA2 an! also incorporates the pro'isions of %ircular /7-0 !ate! $arch -. (--0. Prior to this un!er the (-64 Rules# the rule is if there is wron appeal li*e pure <uestions of law to the %A# the %A shoul! not !ismiss the appeal &ut ele'ate it to the +%. That rule has lon &een a&an!one!. >t was a&an!one! in the case of +ORILLO an! in %ircular /7-0. 3ow# it is here. Fun <uestion of law you &etter appeal to the +%. >f you appeal to the %A# the %A will !ismiss it. *OR%LLO vs. CONSUL &EL'0 =There is no lon er any "ustification for allowin transfers of erroneous appeals from one court to the other# much less for toleratin continue! i norance of the law on appeals.C Ta*e note that this refers to appeal un!er Rule 4( from RT%. This !oes not apply when the appeal to the %A is from a <uasi7"u!icial &o!y. Appeal from a <uasi7"u!icial &o!y on a pure <uestion of law shoul! &e to the %A# ne'er to the +%. ;ou compare this with Rule 4/# +ection /0 Rule 40, Section 0. 8orm and contents.- The petition shall e filed in se'en !6$ legi le copies, with the original copy intended for the court eing indicated as such y the petitioner, and shall% - - !c$ set forth concisely a statement of the matters in'ol'ed, the issues raised, the specification of errors of fact or law,

or oth, allegedly committed y the RT. and the reasons or arguments relied upon for the allowance of the appeal. - - =Errors of fact or law# or &oth.C This refers to Petition for Re'iew from the RT% to the %A. @0 )hat happens if an appeal is alrea!y ta*en to the %AA A0 >t shall &e !ismisse! outri ht. Un!er the E64 Rules# the %A will pass it on to the +%. .ut the li&eral policy has now &een chan e!. Aaron 6%ruH9 as*e! a <uestion 1!urin the (--5 Re'iew %lass2 :eanEs A3+)ER0 ;es# there is a !eci!e! case. >n the meantime# you also lost the ri ht to correct the error. Lumampas na ehM. Faya it woul! &e !ismisse!. 4in!i naman sinasa&i na t"e appellant *ill 1e di$e#ted t% appeal p$%pe$l3. >n other wor!s# it will &e !ismisse!. $eanin # that is the en!. That is the penalty for erroneous appeal. Faya n a accor!in to +ORILLO which &ecame the &asis of this# there is no lon er any "ustification for allowin transfers of erroneous appeals from one court to the other# much less for toleratin continue! i norance of the law on appeals. Faya n a &efore# 'ery lenient pa mali un!er the (-64 Rules. .ut now in +ection / of Rule 50# wala na N i7!ismiss na. )>T4:RA)AL ?B APPEAL Sec. 3. Withdrawal of appeal. 3n appeal may e withdrawn as of right at any time efore the filing of the appellee7s rief. Thereafter, the withdrawal may e allowed in the discretion of the court. !4a$ @0 3ow# can you with!raw the appeal in the RT% le'elA A0 ;E+# prior to the transmittal of the ori inal recor! or the recor! on appeal# the court may allow with!rawal of the appeal. 1+ection -# Rule 4(2 @0 )here will you file the motion to with!rawA A0 >n the RT% if the recor!s are still in the RT%. >f the recor!s of appeal is alrea!y in the %A# you file the motion to the %A at anytime &efore the filin of the appelleeEs &rief you can with!raw it as a matter of ri ht. )hen there is alrea!y an appelleeEs &rief# it can &e allowe! in the !iscretion of the %ourt 1+ection ,2. That is similar to the Rule in Rule (D# +ection (0 Rule "6, Section ". Dis issal upon notice !y plaintiff. 3 complaint may e dismissed y the plaintiff y filing a notice of dismissal at any time efore ser'ice of the answer or of a motion for summary judgment. 9pon such notice eing filed, the court shall issue an order confirming the dismissal. 9nless otherwise stated in the notice, the dismissal is without prejudice, e-cept that a notice operates as an adjudication upon the merits when filed y a plaintiff who has once dismissed in a competent court an action ased on or including the same claim. !"a$ @0 %an you with!raw a complaint if you file a complaint in the lower courtA A0 ;E+# as a matter of ri ht for as lon as there is still no answer file!. .ut when the !efen!ant has file! an answer# !ismissal of the complaint is alrea!y !iscretionary upon the court. +o it is the sameM

7o?o7 Rule #" JUDGMENT ;ou alrea!y *now that the %ourt of Appeals operates &y !i'ision. There are more than 50 "ustices there. E'ery !i'ision is compose! of ,. The , must &e unanimous. >n case there is no unanimity# there shoul! &e a special !i'ision of 5 to hear the case all o'er a ain an! the ma"ority rules. Althou h from what > athere! sa %A# this is a farce . Actually# they !o not !iscuss it# they will "ust i'e it to the ponente. Tapos sa&ihin mo Lconcur.E .ihira lan tala a an na a7participate unless si uro mala*as *a sa isan "ustice an! then ma 7 !issent para ma *aroon n !i'ision of 5. That is not really the intention of the of the law. LetEs o &ac* to what we were sayin &efore un!er Rule ,6. E'ery !ecision or resolution of a court shall clearly an! !istinctly state the facts an! the law on which it is &ase!. >f a !ecision !oes not state its &asis# it is a SIN PERJ.I,IO "u! ment. That is not a 'ali! "u! ment. The re<uirement applies to all courts whether $T%# RT%# or %A. This is emphasiHe! a ain in +ection 50 Sec. #. /or of decision. - >'ery decision or final resolution of the court in appealed cases shall clearly and distinctly state the findings of fact and the conclusions of law on which it is ased, which may e contained in the decision or final resolution itself, or adopted from those set forth in the decision, order, or resolution appealed from. !Sec. 40, /& /lg. "09$ !n$ The %A must state its fin!in s an! conclusions or accor!in to +ection 5 it may simply a!opt the fin!in s an! conclusions set forth in the !ecision or or!er appeale! from. >f the %A is oin to affirm the "u! ment of the RT%# it may simply copy or a!opt the fin!in s an! conclusions of the RT%. >t is calle! a =$E$?RA3:U$ :E%>+>?3C. >f you will loo* at +ection 5# it states that the pro'ision is ta*en from +ection 40# .P (/-. >t is ta*en from the 8u!iciary Law. >s this pro'ision not an in'itation to laHiness on the part of the %A "usticesA >f the %A will affirm the "u! ment of the RT%# the wor* is easier &ecause it may simply a!opt on its own the fin!in s of the RT%. >f the %A woul! re'erse the !ecision# the "o& woul! &e more !ifficult# &ecause it woul! write an entirely new !ecision to re&ut or !ispute the fin!in s of the RT%. This is why when this pro'ision came out in the 8u!iciary Law# there was a sort of fear that this mi ht &e the cause of laHiness. The +%# well aware of that !an er# clarifies in one case that memoran!um !ecisions are not allowe! in all cases. The %A is only allowe! to ren!er a memoran!um !ecision in simple cases especially when the appeal is !ilatory an! there is nothin wron in the appeale! !ecision. .ut if the case is complicate! or complex# e'en if %A woul! affirm the !ecision# it cannot simply copy the wor* of the RT%. >t shoul! write its own !ecision. The limitation or ui!elines was issue! &y the +% precisely to a'oi! the !an er of laHiness on the part of %A "ustices. The +% sai! in the case of FRANC%SCO vs. PER*S;UL "13 SCRA 32-

&EL'8 =The %ourt fin!s it necessary to emphasiHe that the memoran!um !ecision shoul! &e sparin ly use! lest it &ecome an a!!icti'e excuse for "u!icial sloth. >t is an a!!itional con!ition for its 'ali!ity that this *in! of !ecision may &e resorte! to only in cases where the facts are in the main accepte! &y &oth parties or easily !etermina&le &y the "u! e an! there are no !octrinal complications in'ol'e! that will re<uire an exten!e! !iscussion of the laws in'ol'e!. The memoran!um !ecision may &e employe! in simple liti ations only# such as or!inary collection cases# where the appeal is o&'iously roun!less an! !eser'es no more than the time nee!e! to !ismiss it.C @0 )hen is a case !eeme! su&mitte! for "u! mentA A0 +ection ( of Rule 5(0 Sec. ". When case dee ed su! itted for judg ent. - 3 case shall e deemed su mitted for judgment% 3. In Ordinary appeals. "$ 4here no hearing on the merits of the main case is held, upon the filing of the last pleading, rief, or memorandum re*uired y the Rules or y the court itself, or the e-piration of the period for its filing. 0$ 4here such a hearing is held, upon its termination or upon the filing of the last pleading or memorandum as may e re*uired or permitted to e filed y the court, or the e-piration of the period for its filing. /. In original actions and petitions for review. "$ 4here no comment is filed, upon the e-piration of the period to comment. 0$ 4here no hearing is held, upon the filing of the last pleading re*uired or permitted to e filed y the court, or the e-piration of the period for its filing. 3$ 4here a hearing on the merits of the main case is held, upon its termination or upon the filing of the last pleading or memorandum as may e re*uired or permitted to e filed y the court, or the e-piration of the period for its filing. !n$ Sec. 0. 5y who rendered. - The judgment shall e rendered y the mem ers of the court who participated in the deli eration on the merits of the case efore its assignment to a mem er for the writing of the decision. !n$ Sec. 3. 3uoru and (oting in the court. - The participation of all three Eustices of a di'ision shall e necessary at the deli eration and the unanimous 'ote of the three Eustices shall e re*uired for the pronouncement of a judgment or final resolution. ,f the three Eustices do not reach a unanimous 'ote, the cler+ shall enter the 'otes of the dissenting Eustices in the record. Thereafter, the .hairman of the di'ision shall refer the case, together with the minutes of the deli eration, to the &residing Eustice who shall designate two Eustices chosen y raffle from among all the other mem ers of the court to sit temporarily with them, forming a special di'ision of fi'e Eustices. The participation of all the fi'e mem ers of the special di'ision shall e necessary for the deli eration re*uired in section 0 of this Rule and the

concurrence of a majority of such di'ision shall e re*uired for the pronouncement of a judgment or final resolution. !0a$ Sec. 4. Disposition of a case. - The .ourt of 3ppeals, in the e-ercise of its appellate jurisdiction, may affirm, re'erse, or modify the judgment or final order appealed from, and may direct a new trial or further proceedings to e had. !3a$ Sec. #. /or of decision. - >'ery decision or final resolution of the court in appealed cases shall clearly and distinctly state the findings of fact and the conclusions of law on which it is ased, which may e contained in the decision or final resolution itself, or adopted from those set forth in the decision, order, or resolution appealed from. !Sec. 40, /& /lg. "09$ !n$ Sec. 5. Har less error. - )o error in either the admission or the e-clusion of e'idence and no error or defect in any ruling or order or in anything done or omitted y the trial court or y any of the parties is ground for granting a new trial or for setting aside, modifying, or otherwise distur ing a judgment or order, unless refusal to ta+e such action appears to the court inconsistent with su stantial justice. The court at e'ery stage of the proceeding must disregard any error or defect which does not affect the su stantial rights of the parties. !#a$ Sec. 6. .udg ent where there are se(eral parties. - ,n all action or proceedings, an appealed judgment may e affirmed as to some of the appellants, and re'ersed as to others, and the case shall thereafter e proceeded with, so far as necessary, as if separate actions had een egun and prosecuted: and e-ecution of the judgment of affirmance may e had accordingly, and costs may e adjudged in such cases, as the court shall deem proper. !5$ LetEs o to +ection D. @0 )hen there are / or more plaintiffs or / or more !efen!ants in the cases appeale!# is it possi&le that the %A will ren!er !ecision for one plaintiff &ut a ainst the other plaintiffs# or in fa'or of one !efen!ant an! a ainst the otherA A0 ;E+. >t is possi&le that one plaintiff will win# other plaintiffs will lose especially when the facts are not i!entical. This is also true in cases of / or more !efen!ants when each one interposes separate !efenses. The !efense of one may &e true# others may &e false. >t is possi&le that one !efen!ant will win an! other !efen!ants will lose. @0 +uppose there are / !efen!ants in a case. All of them lost. :efen!ant A appeale!. :efen!ant . !i! not appeal. ?n appeal# !efen!ant A won. )ill the appeal of A &enefit . who !i! not appealA A0 As a IE3ERAL RULE0 3o# the appeal woul! only &enefit the appealin !efen!ant. The "u! ment &ecomes final to those who !i! not appeal e'en if it is wron . EO%EPT>?3 0 )hen the L>A.>L>T; of the / parties are so >3TERT)>3E: that it woul! &e a&sur! that one of them will win an! the other will lose. Thus# the appeal &y the appealin party &enefits his co7 party who !i! not appeal. This principle was lai! !own in some cases. Amon them is the case of

UN%0ERSAL *OTORS CORP. vs. COURT OF APPEALS 2.5 SCRA -2/ !"##2$ &EL'0 =>t is erroneous to rule that the !ecision of the trial court coul! &e re'erse! as to the appealin pri'ate respon!ent an! continue in force a ainst the other pri'ate respon!ents. The latter coul! not remain &oun! after the former ha! &een release!J althou h the other pri'ate respon!ents ha! not "oine! in the appeal# the !ecision ren!ere! &y the respon!ent court inure! to their &enefit. )hen the o&li ation of the other soli!ary !e&tors is so !epen!ent on that of their co7soli!ary !e&tor# the release of the one who appeale!# pro'i!e! it &e not on roun!s personal to such appealin pri'ate respon!ent# operates as well as to the others who !i! not appeal. >t is for this reason# that a !ecision or "u! ment in fa'or of the pri'ate respon!ent who appeale! can &e in'o*e! as res "u!icata &y the other pri'ate respon!ents.C +o# their lia&ilities are so intertwine!. EOA$PLE 0 $aya*in +*ywal*er an! :arth $ort &orrowe! money from @ui Ion 8et. They &oun! themsel'es "ointly an! se'erally to pay the loan. There is only one promissory note# one loan an! &oth $aya*in an! :arth $ort si ne!. Their common !efense is payment. .ut the trial court rule! in fa'or of the plaintiff 1@ui Ion 8et2 an! or!ere! $aya*in an! :arth $ort to pay. $aya*in appeale! &ut :arth $ort !i! not. ?n appeal# %A !eci!e! in fa'or of $aya*in sayin # !Gala nan( 'tan( si +a3a@in 1a da"il 1a3ad naI 4ow a&out :arth $ortA :arth $ort is also release!. This principle is reiterate! in the case of CA(A+A vs. COURT OF APPEALS 2"# SCRA 51" !"##3$ &EL'0 =A re'ersal of a "u! ment on appeal is &in!in on the parties to the suit &ut !oes not inure to the &enefit of parties who !i! not "oin in the appeal 1as a eneral rule2. The reco niHe! exception is when their ri hts an! lia&ilities an! those of the parties appealin are so inte$*%ven an! !epen!ent so as to &e insepara&le# in which case a re'ersal as to one operates as a re'ersal to all.C The rule is so similar in %riminal Proce!ure. )hen the appeal of one accuse! &enefits his co7accuse! who !i! not appeal especially when the !efense of such appealin accuse! is applica&le to him. Sec. (. 3uestions that ay !e decided. - )o error which does not affect the jurisdiction o'er the su ject matter or the 'alidity of the judgment appealed from or the proceedings therein will e considered unless stated in the assignment of errors, or closely related to or dependent on an assigned error and properly argued in the rief, sa'e as the court may pass upon plain errors and clerical errors. !6a$ @0 %an the %A !eci!e an issue which was not raise! &y the partiesA %an the %A correct the error which was ne'er assi ne! &y the other partyA A0 IE3ERAL RULE 0 ?nly errors which are state! in the appellantEs &rief shoul! &e consi!ere!. >f the error is not assi ne!# that cannot &e correcte!. This is "ust an extension of the rule that o&"ections an! !efenses not plea!e! are !eeme! wai'e!. EO%EPT>?3 0 The followin matters can &e correcte! or the court can ta*e co niHance e'en if the parties !i! not raise them0 (.2 8uris!iction o'er the su&"ect matter of the caseJ

/.2 Plain errorsJ ,.2 %lerical Errors. 4.2 Errors which are not assi ne! &ut closely relate! to or !epen!ent on an assi ne! error. The fourth exception is ta*en from !eci!e! cases. Accor!in to the +%# e'en if you will not mention a mista*e committe! &y the trial court if such mista*e is relate! to the mista*e mentione!# it can &e correcte!. >n the case of A+E<ARON vs. COURT OF APPEALS 2./ SCRA /## !"##2$ &EL'0 An unassi ne! error closely relate! to the error properly assi ne!# or upon which the !etermination of the <uestion raise! &y the error properly assi ne! is !epen!ent# will &e consi!ere! &y the appellate court notwithstan!in the failure to assi n it as error. )hile an assi nment of error which is re<uire! &y law or rule of court has &een hel! essential to appellate re'iew# an! only those assi ne! will &e consi!ere!# there are a num&er of cases which appear to accor! to the appellate court a &roa! !iscretionary power to wai'e this lac* of proper assi nment of errors an! consi!er errors not assi ne!. The same principle was reiterate! in the (--5 case of CASA F%L%P%NO RO(ALT( CORP. vs. OFF%CE OF T&E PRES%'ENT 2-" SCRA " 5 &EL'0 =)hile the rule is that no error which !oes not affect "uris!iction will &e consi!ere! unless state! in the assi nment or errors# the tren! in mo!ern7!ay proce!ure is to accor! the courts &roa! !iscretionary power such that the appellate court may consi!er matters &earin on the issues su&mitte! for resolution which the parties faile! to raise or which the lower court i nore!.C

Let us loo* at the secon! exception N plain errors. )hat is a plain e$$%$ A .ecause a plain error can &e correcte! &y the appellate court e'en if not as*e! &y the parties# plain manA >f you will as* me# any plain error is yun tala an o&'ious mista*e N one which is apparent to the eye. 3ow# suppose the trial court ma!e an error in applyin a law or in interpretin a law. .ut it was not attac*e! &y the losin party an! it was not correcte! on appeal. >s it a plain errorA >t woul! seem no an! yet that is what happene! in the (--, case of +A3T?+ 's. %A 1//( +%RA 4/2. .ut &efore we !iscuss the case of +antos# we ha'e to *now the &asics. There are two principles here to remem&er. The appellant is the one who appeals an! it is he who will file the appellantEs &rief an! then he will ma*e the assi nment of errors. The appellee will refute the appellantEs assi nment of errors which were committe! &y the trial court. @0 %an the appellee impute errors or ma*e assi nment of errorsA A0 The eneral rule is 3?. >f you are an appellee# you are not appealin an! thus you are acceptin the !ecision. +o if you thin* the !ecision is in your fa'or pero mali pa rin# you must also appeal. +o an appellee is not allowe! to assi n errors committe! &y the trial court except if the purpose of the assi nment of errors is to sustain the !ecision on another roun!. .ecause sometimes you a ree with the

!ecision &ut you !o not a ree with the reason. The !ecision is correct &ut this shoul! &e the reason. .ecause actually# you are !efen!in the !ecision on another roun!. $eanin the court ma!e a mista*e in arri'in at the !ecision &ut the !ecision is correct. ;an# puwe!e yan. .ut if you want the !ecision to &e chan e!# then you must also appeal. 3ow# let us o to the case of SANTOS which in'ol'es the law on lease# particularly the interpretation an! the application of Article (6D5 %i'il %o!e. Un!er the law on lease# suppose > will rent to you my lan! an! you &uilt a &uil!in there an! there is no a reement as to who will own the &uil!in after the termination of the lease. +uppose there is no stipulation# who will own the &uil!in A Accor!in to the %i'il %o!e# the owner of the lan! has the option to ac<uire the &uil!in &y payin one half of its 'alue. Pero# if > !o not want to appropriate the &uil!in # then you ha'e the ri ht to remo'e the &uil!in pro'i!e! you will not !ama e the lan!. +o the option to pay you &elon s to the owner of the lan!. The lessee cannot compel the owner of the lan! to pay. Let us o now to the case of +antos. This is a 'ery <ueer case. SANTOS vs. COURT OF APPEALS //( +%RA 4/ FACTS0 Artemio +antos et al are lessees of a piece of lan!. They ha'e not pai! the rentals for /5 years. The lessor file! a case of unlawful !etainer a ainst all of them &efore the $etropolitan Trial %ourt of Pasi . The trial court ren!ere! "u! ment a ainst +antos et al. +o they were or!ere! e"ecte!. 3ow# these people were not satisfie!. They still appeale! to the RT%. The RT% affirme! the "u! ment that they shoul! &e e"ecte! &ut mo!ifie! it &y or!erin the lessor to reim&urse the lessees for the latterEs impro'ements on the lease! property. +o# affirme!# &ut &ayaran mo iyon m a &ahay n m a tao. 1:EA3 >0 To my min!# that portion of the !ecision is wron . ;ou cannot or!er the lessor to reim&urse.2 .ut !espite that# +antos et al were not satisfie!. They still appeale! to the %A. The lessor !i! not appeal so o&'iously# the lessor is willin to pay. Althou h he has no o&li ation to pay the impro'ements# pero si e na lan para matapos naM 4e !i! not appeal. 3ow# the %A affirme! a ain the e"ectment. +o tatlo na. There were three courts where the occupants lost. .ut the %A !elete! the portion of the RT% !ecision or!erin reim&ursement of the impro'ements. >t was really wron . )alan reim&ursement !iyan. +o this time# +antos et al appeale! to the +%. An! they say that the portion of the !ecision !eletin our ri ht to reim&ursements is wron &ecause the owner of the lan! is not <uestionin it# he is not appealin so why shoul! the %A !elete itA +o# meanin paya iyon owner. Therefore that portion of the !ecision of the %A where we are no lon er entitle! to reim&ursement is erroneous. The %A has no power to !elete that portion of the RT% !ecision &ecause there was no appeal from the lan!owner. %SSUE0 >s the !ecision of the %A correctA &EL'0 ;E+. The %A is correct. =>t is true that the rule is well7settle! that a party cannot impu n the correctness of a 8u! ment not appeale! from &y him# an! while he may ma*e counter7assi nment of errors# he can !o so only to sustain the "u! ment on other roun!s &ut not to see* mo!ification or re'ersal thereof for in such a case he must appeal. A party who !oes not appeal from the !ecision may not o&tain any affirmati'e relief from the appellate court other than what he has o&taine! from the lower court# if any# whose !ecision is &rou ht up on appeal. 4owe'er# the Rules of %ourt an! "urispru!ence authoriHe a tri&unal to consi!er errors# althou h unassi ne!# if they in'ol'e 1(2 errors affectin the lower courtQs 8uris!iction o'er the su&"ect matter# 1/2 plain errors not specifie!# an! 1,2 clerical errors.C =Un!er Article (6D5# it is the lessor who has the option to pay for one7half of the 'alue of the impro'ements which the lessee has ma!e in oo! faith. The lessee cannot compel the lessor to

appropriate an! reim&urse.C Therefore# the !ecision of the RT% or!erin the lessor is actually erroneous. =4ence# the awar! of reim&ursement for impro'ements &y the trial court in fa'or of petitioners amounts to a plain error which may &e rectifie! on appeal althou h not specifie! in the appelleeEs &rief.C .ut the trou&le is# the lan!owner !i! not appeal. >f we follow the rulin # then lahat n mali n trial court ay plain error na. That is what the +% sai!. .a*it man na in plain error ito when actually it will not <ualify as plain error A >f we will follow that line of reasonin # e'ery mista*e committe! &y a trial court can &e correcte! &ein a plain error. To my min!# meron e<uity ito# eh. AnalyHe the case. ;ou are occupants for /5 years an! you !i! not pay. Ayaw mo lumayas# &ayaran *a paA There is somethin wron there alrea!y. > thin* that is the factor eh. +o the +% sai! that it is too unfair for the lan!owner still to &e re<uire! to pay. >ma ine they staye! there for /5 years# hin!i pa na &aya!. > thin* those are the factors. +o in other wor!s# e<uity &ahM +o the %ourt has to loo* for a reason to "ustify. An na*ita is plain error N when you !o not *now how to apply the law# then it is plain error. .ut actually# that shoul! &e an assi ne! error. >t is a 'ery interestin case. Sec. 9. Pro ulgation and notice of judg ent. - 3fter the judgment of final resolution and dissenting or separate opinions, if any, are signed y the Eustices ta+ing part, they shall e deli'ered for filing to the cler+ who shall indicate thereon the date of promulgation and cause true copies thereof to e ser'ed upon the parties or their counsel. !n$ Sec. "0. )ntry of judg ents and final resolutions. - ,f no appeal or motion for new trial or reconsideration is filed within the time pro'ided in these Rules, the judgment or final resolution shall forthwith e entered y the cler+ in the oo+ of entries of judgments. The date when the judgment or final resolution ecomes e-ecutory shall e deemed as the date of its entry. The record shall contain the dispositi'e part of the judgment or final resolution and shall e signed y the cler+, with a certificate that such judgment or final resolution has ecome final and e-ecutory. !0a, R35$ Sec. "". )2ecution of judg ent. - >-cept where the judgment or final order or resolution, or a portion thereof, is ordered to e immediately e-ecutory, the motion for its e-ecution may only e filed in the proper court after its entry. ,n original actions in the .ourt of 3ppeals, its writ of e-ecution shall e accompanied y a certified true copy of the entry of judgment or final resolution and addressed to any appropriate officer for its enforcement. ,n appealed cases, where the motion for e-ecution pending appeal is filed in the .ourt of 3ppeals at a time that it is in possession of the original record or the record on appeal, the resolution granting such motion shall e transmitted to the lower court from which the case originated, together with a certified true copy of the judgment or final order to e e-ecuted, with a directi'e for such court of origin to issue the proper writ for its enforcement. !n$

@0 3ow# how !o you execute a "u! ment of the %AA A0 Un!er +ection ((# it !epen!s if it is an ori inal action or an appeale! case. Bor an appeale! case# in case of execution pen!in appeal# ta*e note that if the recor!s of the case are alrea!y ele'ate! to the %A# motion for execution pen!in appeal shoul! alrea!y &e file! there. An! if the %A rants the motion to execute pen!in appeal# it will follow the thir! para raph there. >t will issue the or!er an! !irect the RT% to enforce the "u! ment. 3ow# you shoul! correlate this with Rule ,- +ections ( an! /0 Rule 39, Section ". )2ecution upon judg ents or final orders. - >-ecution shall issue as a matter of right, on motion , upon a judgment or order that disposed of the action or proceeding upon the e-piration of the period-to appeal therefrom if no appeal has een duly perfected. ,f the appeal has een duly perfected and finally resol'ed, the e-ecution may forthwith e applied for in the court or origin, on motion of the judgment o ligee, su mitting therewith certified true copies of the judgment or judgments or final order or orders sought to e enforced and of the entry thereof, with notice to the ad'erse party. The appellate court may, on motion in the same case, when the interest of justice so re*uires, direct the court of origin to issue the writ of e-ecution.

Section 0. Discretionary e2ecution. 3. )2ecution of a judg ent or final order pending appeal.An motion of the pre'ailing party with notice to the ad'erse party filed in the trial court while it has jurisdiction o'er the case and is in possession of either the original record or the record on appeal, as the case may e, at the time of the filing of such motion, said court may, in its discretion, order e-ecution of a judgment or final order e'en efore the e-piration of the period to appeal. 3fter the trial court has lost jurisdiction, the motion for e-ecution pending appeal may e filed in the appellate court. Biscretionary e-ecution may only issue upon good reasons to e stated in a special order after due hearing. /. )2ecution of se(eral- separate or partial judg ents.- 3 se'eral, separate or partial judgment may e e-ecuted under the same terms and conditions as e-ecution of a judgment or final order pending appeal. 7o?o7 Rule #0 MOTION FOR RECONSIDERATION Sec. ". Period for filing. - 3 party may file a motion for reconsideration of a judgment or final resolution within

fifteen !"#$ days from notice thereof, with proof of ser'ice on the ad'erse party. !n$ @0 %an a party file a motion for reconsi!eration of a %A !ecisionA A0 ;E+. That is 'ery o&'ious. 1+ection (2 Sec. 0. $econd otion for reconsideration. - )o second motion for reconsideration of a judgment of final resolution y the same party shall e entertained. !n$ @0 %an you file more than one motion for reconsi!erationA A0 3?. 3o secon! motion for reconsi!eration of a "u! ment or final resolution &y the same party shall &e entertaine!. 1+ection /2 There is no such thin as secon! motion for reconsi!eration. +ection / of Rule 5/ is also in accor! with +ection (( of the 8u!iciary law. +ection (( of the 8u!iciary law o'erns how may times you can file a motion for reconsi!eration in the %A. /& "09, Section "". 3uoru -

F---- 3 motion for reconsideration of its decision or final resolution shall e resol'ed y the .ourt within ninety !90$ days from the time it is su mitted for resolution and no second motion for reconsideration from the same party shall e entertained.G Un!er par. 1,2# the %A has -0 !ays from the time it is su&mitte! for the resolution to rule on a motion for reconsi!eration. Sec. 3. Resolution of otion. - ,n the .ourt of 3ppeals, a motion for reconsideration shall e resol'ed within ninety !90$ days from the date when the court declares it su mitted for resolution. !n$ The %A is i'en only -0 !ays to resol'e a motion for reconsi!eration. Sec. 4. $tay of e2ecution. - The pendency of a motion for reconsideration filed on time and y the proper party shall stay the e-ecution of the judgment or final resolution sought to e reconsidered unless the court, for good reasons, shall otherwise direct. !n$ @0 )hat happens when a "u! ment of the %A is the o&"ect of a motion for reconsi!erationA )hat happens to the executionA A0 +taye! N it is not yet final unless the court for oo! reasons shall otherwise !irect li*e when there is a oo! roun! to execute pen!in appeal. 7o?o7 Rule #3 NEW TRIAL

@0 )hat is the roun! for new trial in %AA A0 The roun! for new trial is newly !isco'ere! e'i!ence. 1+ection (2 Sec. ". Period for filing; ground. - 3t any time after the appeal from the lower court has een perfected and efore the .ourt of 3ppeals loses jurisdiction o'er the case, a party may file a motion for a new trial on the ground of newly disco'ered e'idence which could not ha'e een disco'ered prior to the trial in the court elow y the e-ercise of due diligence and which is of such a character as would pro a ly change the result. The motion shall e accompanied y affida'its showing the facts constituting the grounds therefor and the newly disco'ered e'idence. !"a$ The roun! is newly !isco'ere! e'i!ence similar to the secon! roun! for new trial in the RT% 1BA$E2. Brau!# acci!ent# mista*e N hin!i *asali. ?nly newly !isco'ere! e'i!ence is the roun! un!er Rule 5,. @0 +uppose the case is &efore the +%# can a party file a motion for new trial on the roun! of newly !isco'ere! e'i!ence &efore the +% un!er Rule 5, in a ci'il caseA A0 3?. The +% sai! in the case of NA0ARRA vs. COURT OF APPEALS 2.- SCRA /5. &EL'0 The Rules of %ourt allows only two 1/2 occasions where a party may file a motion for new trial on the roun! of newly !isco'ere! e'i!ence. That motion may &e file! only with the trial court un!er Rule ,D or with the %A un!er Rule 5, .UT 3ETER with the +%. =Time an! a ain# )e ha'e stresse! that the +% is not a trier of facts. >t is not a function of the +% to analyHe or wei h all o'er a ain the e'i!ence alrea!y consi!ere! in the procee!in s &elow. >ts "uris!iction is limite! to re'iewin only errors of law that may ha'e &een committe! &y the lower courts.C >f there woul! &e a motion for new trial with the +% an! it woul! &e rante!# you are con'ertin the +% into a trial court. Sec. 0. Hearing and order. - The .ourt of 3ppeals shall consider the new e'idence together with that adduced at the trial elow, and may grant or refuse a new trial, or may ma+e such order, with notice to oth parties, as to the ta+ing of further testimony, either orally in court, or y depositions, or render such other judgment as ought to e rendered upon such terms as it may deem just. !0a$ Sec. 3. Resolution of otion. - ,n the .ourt of 3ppeals, a motion for new trial shall e resol'ed within ninety !90$ days from the date when the court declares it su mitted for resolution. !n$

Sec. 4. Procedure in new trial. - 9nless the court otherwise directs, the procedure in the new trial shall e the same as that granted y a Regional Trial .ourt. !3a$ @0 >f the motion for new trial is rante!# can the %A con!uct the new trial itself actin as a trial courtA A0 ;E+# un!er section 4 an! un!er the 8u!iciary Law particularly section -# the %A can recei'e e'i!ence an! act as a trial court. That is why it is a powerful court. /& "09, Section 9, last paragraph% FThe .ourt of 3ppeals shall ha'e the power to try cases and conduct hearings, recei'e e'idence and perform any and all acts necessary to resol'e factual issues raised in cases falling within its original and appellate jurisdiction, including the power to grant and conduct new trials or further proceedings.G 7o?o7 Rule #4 INTERNAL BUSINESS Section ". Distri!ution of cases a ong di(isions. - 3ll the cases of the .ourt of 3ppeals shall e allotted among the different di'isions thereof for hearing and decision. The .ourt of 3ppeals, sitting en anc, shall ma+e proper orders or rules to go'ern the allotment of cases among the different di'isions, the constitution of such di'isions, the regular rotation of Eustices among then the filing of 'acancies occurring therein, and other matters relating to the usiness of the court: and such rules shall continue in force until repealed or altered y it or y the Supreme .ourt. Section 0. 3uoru of the court. ?3 majority of the actual mem ers of the court shall constitute a *uorum for its sessions en anc. Three mem ers shall constitute a *uorum for the sessions of a di'ision. The affirmati'e 'otes of the majority of the mem ers present shall e necessary to pass a resolution of the court en anc. The affirmati'e 'otes of three mem ers of a di'ision shall e necessary for the pronouncement of a judgment or final resolution, which shall e reached in consultation efore the writing of the opinion y any mem er of the di'ision. 1"ust rea!2 7o?o7 Rule ## PUBLICATION OF JUDGMENTS AND FINAL RESOLUTIONS The !ecisions of the %A must &e pu&lishe!. Fun wala sa Philippine Reports# nasa %ourt of Appeals Reports. They call that %ARA 1%ourt of Appeals Reports Annotate!2.

Section ". Pu!lication. - The judgments and final resolutions of the court shall e pu lished in the Afficial Ca@ette and in the Reports officially authori@ed y the court in the language in which they ha'e een originally written, together with the sylla i therefore prepared y the reporter in consultation with the writers thereof. 1emoranda of all other judgments and final resolutions not so pu lished shall e made y the reporter and pu lished in the Afficial Ca@ette and the authori@ed reports. Section 0. Preparation of opinions for pu!lication. - The reporter shall prepare and pu lish with each reported judgment and final resolution a concise synopsis of the facts necessary for a clear understanding of the case, the names of counsel, the material and contro'erted points in'ol'ed, the authorities cited therein, and a sylla us which shall e confined to points of law. Section 3. 4eneral ake%up of (olu es. - The pu lished decisions and final resolutions of the Supreme .ourt shall e called D&hilippine Reports,D while those of the .ourt of 3ppeals shall +nown as the D.ourt of 3ppeals Reports.D >ach 'olume thereof shall contain a ta le of the cases reported and the cases cited in the opinions, with a complete alpha etical inde- of the su ject matters of the 'olume. ,t shall consist of not less than se'en hundred pages printed upon good paper, well ound and num ered consecuti'ely in the order of the 'olumes pu lished. 7o?o7 Powers an! Bunctions of the +upreme %ourt0 (.2 A!"u!ication /.2 :iscipline ,.2 Rule7$a*in

?r!inary %i'il Action A!"u!ication +pecial Procee!in 8u! esPcourt employees :iscipline Lawyers 1!is&arment2 %riminal +pecial

Rules of %ourt Rule7$a*in Ot"e$s0 %ircularsP :irecti'es Rule 56 PROCEDURE IN THE SUPREME COURT This is an entirely new pro'ision. >n the +%# there are / types of cases N ?R>I>3AL an! APPEALE:. The +% has &oth the ori inal an! appellate "uris!iction. )hat are the ori inal cases co niHa&le &y the +%A A.2 OR%,%NAL CASES S>.T,A) ". 'riginal cases cogni+a!le. ? Anly petitions for certiorari, prohi ition, mandamus, *uo warranto, ha eas corpus, disciplinary proceedings against mem ers of the judiciary and attorneys, and cases affecting am assadors, other pu lic ministers and consuls may e filed originally in the Supreme .ourt. !n$ ;ou *now them noA N %ertiorari# prohi&ition# man!amus# <uo warranto# ha&eas corpus# cases affectin am&assa!ors other pu&lic ministers an! consuls N nasa %onstitution !in yan. This is only a repetition of Article T>>># +ection 5 1(2 of the %onstitution. Asi!e from that# the Rules of %ourt i'e the +% authority to hear !isciplinary procee!in s a ainst mem&ers of the "u!iciary# !is&arment or remo'al of "u! es. +% man yan &aM An! they are o'erne! specially for !is&arment &y Rule (,-7. of the Rules of %ourt. S>.. 0. Rules applica!le. ? The procedure in original cases for certiorari, prohi ition, mandamus, *uo warranto and ha eas corpus shall e in accordance with the applica le pro'isions of the .onstitution, laws, and Rules 45,4(, 49, #", #0 and this Rule, su ject to the following pro'isions% a.$ 3ll references in said Rules to the .ourt of 3ppeals shall e understood to also apply to the Supreme .ourt: .$ The portions of said Rules dealing strictly with and specifically intended for appealed cases in the .ourt of 3ppeals shall not e applica le: and c.$ >ighteen !"($ clearly legi le copies of the petition shall e filed, together with proof of ser'ice on all ad'erse parties. The proceedings for disciplinary action against mem ers of the judiciary shall e go'erned y the laws and Rules prescri ed therefor, and those against attorneys y Rule "39/, as amended. !n$ a.5 All $efe$en#es in said R'les t% t"e ,%'$t %f Appeals s"all 1e 'nde$st%%d t% als% appl3 t% t"e S'p$e)e ,%'$t

Actually# *ulan ito eh. These procee!in s are actually o'erne! more &y Rule 65 an! 66. .ut they are also co'ere! &y Rule 46# 45# 4-# 5( an! 5/ 1%A2 an! it also applies to +%. 1.5 T"e p%$ti%ns %f said R'les dealin( st$i#tl3 *it" and spe#ifi#all3 intended f%$ appealed #ases in t"e ,%'$t %f Appeals s"all n%t 1e appli#a1leO and This is more of le al an! "u!icial ethics. @0 )hen you file a petition &efore the +% for certiorari# prohi&ition or man!amus# how many copiesA A0 Birst filin N (5 copies minimum. )hyA .ecause you !o not *now whether it will &e consi!ere! as an en 1an# case or a !i'ision case. The +% operates in / ways. >t !eci!es cases either en 1an# or &y !i'ision. (5 copies is re<uire! &ecause (5 na an "ustices# only three 1,2 for the cler*. @0 4ow a&out su&se<uent plea!in sA 4ow many copiesA A0 :epen!e. Fun en 1an## all su&se<uent plea!in s# still (5 copies. Fapa !i'ision case# - na lan . 3ow# there are three !i'isions in the +% N the first# secon! an! thir! !i'isions. An! e'ery !i'ision is compose! of fi'e 152 mem&ers. The +% meets en 1an# twice a wee* N Tues!ay an! Thurs!ay N unless they ha'e chan e! it. >t is calle! an en 1an# session. %ases are raffle! for assi nment &y !i'ision. $on!ay an! )e!nes!ay# hiwa7hiwalay sila N the 5 "ustices who &elon to the same !i'ision meet to ether an! !iscuss cases which are raffle! to that !i'ision. Bri!ay is a 3? +E++>?3 &ut a wor*in !ay. That is when they stu!y# prepare their !ecisions an! resolutions. That is why we can also pre!ict when will the result of the .ar &e release! &ecause that is an en 1an# session. ?nly the +% en 1an# can or!er the release of the results of the .ar Exam. They ha'e to pass a resolution. .. APPEALE' CASES S>.. 3. &ode of appeal. ? 3n appeal to the Supreme .ourt may e ta+en only y a petition for re'iew on certiorari, e-cept in criminal cases where the penalty imposed is death, reclusion perpetua or life imprisonment. !n$ There is only one way of appeal to the +%. The only mo!e of appeal reco niHe! is Petition for Re'iew &y %ertiorari un!er Rule 45# except in criminal cases when the penalty impose! &y the RT% is !eath penalty# $e#l'si%n pe$pat'a or life imprisonment where only or!inary appeal 1un!er Rule 4(2 is re<uire!. ?utsi!e of that# the only mo!e of appeal to the +% is Petition for Re'iew &y %ertiorari. Please connect this with Rule 45# +ection -0 Rule 4#, Sec. 9. Rule applica!le to !oth ci(il and cases.- The mode of appeal prescri ed in this rule applica le to oth ci'il and criminal cases e-cept in cases where the penalty imposed is death, reclusion: or life imprisonment. cri inal shall e criminal perpetua

Rule #5, Sec. 4. Procedure.- The appeal shall e go'erned y and disposed of in accordance with the applica le pro'isions of the .onstitution, laws, Rules 4#, 4(, sections l,0, and # to "" of Rule #", #0 and this rule.

@0 )hat are the roun!s for !ismissal of an appeal &efore the +%A A0 +ection 50 Section #. 4rounds for dis issal of appeal.- The appeal may e dismissed motu propio or on motion of the respondent on the following grounds% a. 8ailure to ta+e the appeal within the reglementary period: . =ac+ of merit in the petition: c. 8ailure to pay the re*uisite doc+et fee and other lawful fees or to ma+e a deposit for costs: d. 8ailure to comply with the re*uirements regarding Hproof of ser'ice and contents of and the documents which should accompany the petition: e. 8ailure to comply with any circular, directi'e or order of the Supreme .ourt without justifia le cause: f. >rror in the choice of mode of appeal: and g. The fact that the case is not appeala le to the Supreme .ourt. %onnect Rule 56# +ection 5 with Rule 45# +ection 5. The roun!s are i!entical# to wit0 Rule 4#, Sec. #. Dis issal or denial of petition. The failure of the petitioner to comply with any of the foregoing re*uirement regarding the payment of the doc+et and other lawful fees, deposit for costs, proof of ser'ice of the petition, and the contents of and the documents which should accompany the petition shall e sufficient ground for the dismissal thereof. The Supreme .ourt may on its own initiati'e deny the petition on the ground that the appeal is without merit, or is prosecuted manifestly for delay or that the *uestions raised therein are too unsu stantial to re*uire consideration. Sec. 5. Disposition of i proper appeal 6 >-cept as pro'ided in section 3, Rule "00 regarding appeals in criminal cases where the penalty imposed is death, reclusion perpetua or life imprisonment, an appeal ta+en to the Supreme .ourt y notice of appeal: shall e dismissed. 3n appeal y certiorari ta+en to the Supreme court from the Regional Trial .ourt su mitting issues of fact may e referred to the .ourt of 3ppeals for decision or appropriate action. The determination of the Supreme .ourt on whether or not the issues of fact are in'ol'ed shall e final. This is alrea!y !iscusse! in Rule 50# +ection /. A wron appeal is a roun! for a !ismissal of such appeal. @0 >f the appeal is on pure <uestion of law 1it shoul! &e &efore the +%2 an! &y mista*e the party appeale! to the %A# what will happenA A0 The appeal will &e !ismisse! un!er Rule 50. The %A will not en!orse the case to the +%. @0 +uppose you will appeal &y certiorari to the +% un!er Rule 45. Tapos# halo pala N hin!i naman pala <uestion of law lahat N may *asaman <uestion of fact. )hat will happen now in the appealA

A0 Un!er Rule 56# +ection 6# the +% may or may not !ismiss the appeal. >t may refer the matter to the %A N &ali*ta! nohA +o it is not the same as Rule 50# +ection /. Section 6. Procedure if opinion is di(ided. 4here the court en anc is e*ually di'ided in opinion, or the necessary majority cannot e had, the case shall again e deli erated on, and if after such deli eration no decision is reached, the original action commenced in the court shall e dismissed: in appealed cases, the judgment or order appealed from shall stand affirmed: and on all incidental matters, the petition or motion shall e denied. )hat happens if the "ustices of the +% are e<ually !i'i!e!A Bor instance# there were 4 in atten!ance in a !i'ision !ahil a&sent an isa N the result is /0/. +o# we will !eli&erate a ain# &ut still /0/. >f that is so# the !ecision appeale! from is consi!ere! affirme!. >n other wor!s# the rulin in the lower court is consi!ere! correct. The counterpart of this rule in %riminal Proce!ure is Rule (/5# +ection ,. >f after !eli&eration# the "ustices are e'en# they will !eli&erate a ain &ut still e'en. The !ecision must &e ac<uittal. +ince you cannot &rea* the tie# it must &e in fa'or of the accuse!. EN BAN, %A+E+ 3ow# &efore we lea'e this topic# of course we *now 'ery well that when you appeal to the +%# there are two possi&ilities N either it will &e hear! &y a !i'ision 1there are , !i'isions there2 or your case mi ht &e !eci!e! &y the entire +% en 1an#. @0 )hat cases are hear! &y the +% en 1an#A A0 There was a circular in (--, issue! &y the +% enumeratin en 1an# cases0 (.2 %ases in which the constitutionality or 'ali!ity of any treaty# international or executi'e a reement# law# executi'e or!er# presi!ential !ecree# proclamation# or!er# instruction# or!inance or re ulations in <uestion. Bor example# the recent ?il :ere ulation LawJ /.2 %riminal cases in which the appeale! !ecision imposes !eath penaltyJ %riminal cases where a chan e of 'enue is re<uire! to a'oi! miscarria e of "ustice where +% has to ma*e an or!er to chan e the 'enueJ Pa $e#l'si%n pe$pet'a# hin!i man yan en 1an# &aM ?nly for !eath penalty. ,.2 %ases raisin no'el <uestions of lawJ There is a point of law where there is no !eci!e! case yet. $eanin # such le al issue is raise! for the first time. 4.2 %ases affectin am&assa!ors# other pu&lic ministers or consulsJ 5.2 %ases in'ol'in !ecisions# resolutions# or!ers of the %?$ELE%# %?A# or the ?ffice of the ?$.U:+$A3# +A3:>IA3.A;A3 in a!ministrati'e !isciplinary casesJ 6.2 %ases in which the penalty in'ol'e! is a !ismissal of the "u! e# officer or employee of the "u!iciary# !is&arment of a lawyer or e'en suspension of any of them for a perio! of more than one 1(2 year of fine excee!in P(0#000.

Ti nan mo sa +%RA. Pa an penalty is remo'al of a "u! e or !is&arment# en 1an# yan. An! sometimes# you cannot e'en i!entify who is the ponente. An tawa !iyan pe$ #'$iae. The ponente is not i!entifie!. D.2 %ases where a !octrine or principle of law lai! !own &y the %ourt en 1an# or !i'ision may &e mo!ifie! or re'erse!J A !ecision &y a !i'ision can only &e re'erse! &y the +% en 1an#. The same is true in a !ecision pre'iously !eci!e! en 1an#. ?nly +% en 1an# can chan e its min! an! re'erse its pre'ious rulin . 5.2 %ases assi ne! in a !i'ision which in the opinion of at least three 1,2 mem&ers thereof# merit the attention of the %ourt en 1an# an! are accepta&le to the ma"ority of the actual mem&ers of the court en 1an#J $eanin # it is a !i'ision case &ut at least three mem&ers of the !i'ision are of the 'iew that it shoul! &e ele'ate! to the +% en 1an#. An! the ma"ority of the entire court also a ree. Example0 A case is assi ne! to a !i'ision. After !eli&eratin # ma"ority of the 5 hol! that the case is so important that referral to the entire mem&ership is proper. Then when it is referre! en 1an## ma"ority accepts it# then it is to &e !eci!e! en 1an#. +pecific Example0 The case of PE?PLE 's. LU%A+ in %riminal Law. >++UE0 >s the penalty of $e#l'si%n pe$pet'a !i'isi&le or in!i'isi&leA The ori inal rulin there &y a !i'ision is that it is a !i'isi&le penalty. .ut upon motion for reconsi!eration &y the +olicitor Ieneral# the first !i'ision realiHe! that maramin implications ito. +o at least , or 4 'ote! na itapon natin to the +% en 1an# an! then the entire 'ote!. .AR @UE+T>?3 0 A lost in an appeale! !ecision. 4e file! a motion for reconsi!eration. 4e is insistin that his motion &e resol'e! &y the entire mem&ership of the +%. %an he insist that his motion for reconsi!eration &e hear! &y the entire mem&ership of the +% en 1an# when he lost in a !i'isionA A0 3?# &ecause the +% en 1an# is not a separate court from one of its !i'isions. ;ou cannot say that a !ecision &y a !i'ision can &e appeale! to the +% en 1an# &ecause it is the same court. The &est that can happen to you is you con'ince the mem&ers of the same !i'ision to refer the matter to the entire court en 1an# an! try to con'ince the ma"ority of the court en 1an# to accept it. That is the correct mo'e. -.2 All other cases as the court en &anc# &y the ma"ority of its actual mem&ers# may !eem of sufficient importance to merit its attention. These cases are those in'ol'in the welfare of the nation li*e Lotto case# ETAT# $anila 4otel case. This is also the roun! in'o*e! &y >mel!a $arcos where she tries to con'ince the court en 1an# to hear her motion for reconsi!eration. 7o?o7