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DACUA
Practice Court
TF 5:30-6:30
APPELLATE
Concurrent
Appellate
COURT OF APPEALS
Actions for annulment of judgment of the RTC
With the SC
Petitions for Certiorari. Prohibition
Mandamus against:
RTC
Civil Service Commissions
Central Board of Assessment Appeals
National Labor Relations Commission
Other quasi-judicial agencies
and
Family Courts
By way of Petition for Review from the RTC
rendered in the exercise of its appellate
jurisdiction;
By way of Petition for Review from the
decisions, resolutions, orders or award of:
Civil Service Commissions;
Office of the Ombudsman in Administrative
Disciplinary; and
Other bodies mentioned in Rule 43
Exclusive appellate jurisdiction by way of
ordinary appeal over decisions of the MTCs in
cadastral or land registration cases pursuant to
its delegated jurisdiction
Exclusive
Jurisdiction
Special
Concurrent
Appellate
Exclusive
Jurisdiction
Special
Delegated
2.
Explain the different modes of appeal starting from the MTC
to RTC; RTC to Court of Appeals and Court of Appeals to Supreme
Court.
MTC RTC [Notice of Appeal, Rule 40]
RTC [Appellate Jurisdiction] CA [Petition for Review. Rule
42]
CA SC [Petition for Review on Certiorari, Rule 45]
RTC [Original Jurisdiction] CA [Notice of Appeal, Rule 41]
Question of fact and/or Law
CA SC [Pure Question of Law Petition for Review on
Certiorari]
RTC [Original Jurisdiction] SC [Pure Question of Law
Petition for Review on Certiorari Rule 45]
3.
Enumerate the Contents of the Appellant's Brief and the
Appellee's Brief.
Contents
of
Appellants Brief
Subject index
Assignment of errors
Statement of the
Case
Statement of Facts
Statement of Issues
Argument
Relief
* Brief must conform to form and substance, again failure to
state Assignment of errors shall warrant the dismissal of the
appeal.
4.
Distinguish a Petition for Certiorari from a Petition for Review
on Certiorari.
Rule 45
Petition
for Rule 65
Review
on Petition for Certiorari
Certiorari under
A
mode
of
Not a mode of appeal; Availed only when
appeal
there is no plain, speedy or adequate remedy
Petition is based
on questions of
law
Filed within 15
days from notice
of the final order,
judgment
or
resolution
appealed from
The
court
rendering
the
decision
need
not
be
impleaded
5.
What are the matters to be considered so that your petition
satisfies the requirement on sufficiency in form and in substance.
A pleading is sufficient in form when it contains the following:
a. A Caption, setting forth the name of the court, the title of the
action indicating the names of the parties, and the docket number
which is usually left in blank, as the Clerk of Court has to assign
yet a docket number;
6.
Enumerate and explain the important points in preparing a
Memorandum.
a. Caption States the parties of the case, the court where the
case is pending, case number and the cause of action.
b. Title The kind of memorandum that is being submitted.
c. Prefatory Statement It is a brief introduction of the case that
will guide the court what is the gist of the case and its
arguments.
d. Statement of the Case States the brief summary of the
proceedings undergone by the case. Dispositive portion/fallo of
the court which rendered decision must be indicated.
e. Timeliness of Filing The material dates must be indicated. It
must state when the decision/resolution received by the counsel
and the time of filing of the memorandum in order to know if
such was timely filed within the reglementary period.
f. Statement of Facts Must state the summary of material facts
that the court must take consideration in order to determine the
factual circumstances of the case in order to arrive a proper
decision.
g. Issues to be Resolved States the issues need to be
resolved by the court.
h. Arguments/discussions Contains reasoning to support
claim and must briefly state. Legal basis must be stated in this
part in order to persuade the court.
i. Prayer/Relief Must state what the pleader ask the court to
give or do.
j. Date- The date when the pleading is filed.
k. Signature signature of the counsel which proves that all
statements stated are true and correct.
l. Verification signed by the party to the case who filed the
Thus,
Hence
Therefore
Such as
Furthermore
Notwithstanding
Also
Still
Besides
Additionally
Moreover
Likewise
Henceforth
Hereafter
Later
Henceforward
In addition
In the first place
Finally
In conclusion
Lastly
To conclude
To finish
To end
As a final point
To close
To end with
However
Though
Conversely
8. Before writing your Legal Opinion, what are the matters that you
have to keep in mind?
a. Background facts that adequately introduce the issues in the
case;
b. A statement of what those issues are;
c. The position you take on those issues;
d. The arguments that may be made against you;
e. The arguments in your issues; and
f. What you want your relief would be based on the
circumstances.
9. In writing Memoranda or Legal Opinion, this requires a test of
what? Enumerate and explain.
Writing Trial Memoranda or Writing Legal Opinions may
require a test of your:
a) Legal knowledge;
b) Understanding to go over the pleadings, documents, exhibits,
transcripts or testimonies of the witnesses;
c) Ability to make a summary of the relevant facts that the
opposing parties claim;
d) Ability to identify the issues; and
e) Skill to narrate, comprehend and apply the law and procedures
in the given set of facts.