POST JUDGMENT REMEDIES

1. Remedies before judgment becomes final and executory

a. Motion for New Trial (Rule 37; Rule 53)
b. Motion for Reconsideration (Rule 37; Rule 52)
c. Appeal (Rules 40, 41, 42, 43, 45, 65)

2. Remedies after judgment becomes final and executory

a. Petition for relief from judgment; (Rule 38)
b. Action to annul a judgment; (Rule 47)
c. Certiorari; and
d. Collateral attack of a judgment.
 Motion for New Trial Motion for Reconsideration
1. Fraud, accident, mistake, excusable negligence (FAME) subject to the 1. Damages awarded are excessive;
following conditions: 2. Evidence is insufficient to justify the decision or final order; and
a. Which ordinary prudence could not have guarded against; and 3. The decision or final order is contrary to law.
b. By reason of which such aggrieved party has probably been impaired in his
rights.

2. Newly discovered evidence subject to the following requisites:

Grounds a. It must have been discovered after the trial;
b. It could not have been discovered and produced at the trial even with the
exercise of reasonable diligence;
c. It must be material and not merely collateral, cumulative, or corroborative;
and
d. The evidence is of such weight that if admitted, would probably alter the
result of the action.

Period to Within the period for taking an appeal: If notice of appeal required 15 days
File If record on appeal required 30 days
Granted: The original judgment shall be vacated, and the action shall stand for trial de novo. The court may amend the judgment or final order accordingly. The
Effects The recorded evidence upon the former trial shall be used at the new trial without amended judgment is in the nature of a new judgment, which
retaking them, if they are material and competent. supersedes the original judgment.
The judgment or final order shall stand as is.
Denied:
If the motion is denied, the movant has a fresh period of 15 days from receipt or notice of the order denying the motion for new trial or motion for
Effects
reconsideration within which to file an appeal. [Neypes v. CA [2005]]
Remedies if
1. To appeal from the judgment or final order itself
Motion is
2. The order denying the motion may itself be assailed by a petition for certiorari under Rule 65
denied
Prohibited
Both are prohibited motions under Summary Procedure
Motions
 Modes of Appeal

There are three modes of appeal from judgments or final orders of the RTC:

Ordinary Appeal Petition for Review Petition for Review by Certiorari

Appeal by writ of error (Rule 41)
Case is decided by RTC in its original jurisdiction
Appealed to the CA on questions of fact or mixed
questions of fact and law
File notice of appeal or record of appeal with
court of origin and give a copy to adverse party
Within 15 days from notice of judgment for
notice of appeal and 30 days for records on
appeal
Rule 42
Case decided by RTC in the exercise of its
appellate jurisdiction
Petition for review with the CA on question of
fact, of law, or mixed questions of fact and law
File a verified petition for review with CA.
Pay docket and lawful fees and P500 as deposit
for costs with the CA.
Furnish RTC and adverse party a copy of such
Within 15 days from notice of decision to be
reviewed or from denial of a MFR or MFNT
Rule 45
Case decided by the RTC (in the exercise of its
original jurisdiction and only on questions of
law), CA, CTA, and Sandiganbayan
Appealed to the SC
File verified petition for review on certiorari with
the SC.
Pay docket and lawful fees and P500 for costs.
Submit proof of service of a copy to the lower
court and adverse party
Within 15 days from notice of judgment or order
of denial of MFR or MFNT
 Comparative Table on the Modes of Appeal

WHEN PROPER
Rule 40 Rule 41 Rule 42 Rule 43 Rule 45
ORDINARY APPEAL PETITIONS FOR REVIEW
Matter of Right; Filed with the court of origin Discretionary; No records are elevated unless the court decrees it
All records are elevated from court of origin Filed with the appellate court
Appeals to the SC from a judgment
or final order or resolution of the
Appeal from a decision of the RTC
Appeal from a judgment or final CA, Sandiganbayan, CTA en banc,
in the exercise of its original
order of a MTC RTC (original jurisdiction) or such
jurisdiction Appeals from awards, judgments,
other courts as may be authorized
Appeal from a decision of the RTC final orders or resolution of or
by law
rendered in the exercise of its authorized by any quasi-judicial
Decisions, final orders, or
appellate jurisdiction agency in the exercise of its quasi-
resolutions of the CA in any case,
judicial functions
Rule 41 provisions shall apply to Rule 40 if not consistent with Rule 40 regardless of the nature of the
provisions action or proceedings involved,
may be appealed to the SC by filing
a petition for review,
WHERE TO FILE
Filed with the MTC Filed with the RTC Filed with the CA Filed with the CA Filed with the SC
Appeal to the RTC Appeal to the CA Appeal to the CA Appeal to the CA Appeal to the SC
Questions of fact or mixed Questions of fact or mixed Questions of fact, Questions of law, Questions of fact, Questions of law,
Only Questions of Law
questions of fact and law questions of fact and law or Mixed questions of both or Mixed questions of fact and law
TIME FOR FILING
Within 15 days from:
BY NOTICE OF APPEAL BY NOTICE OF APPEAL
(1) Notice of award, judgment, Within 15 days from:
Within 15 days after notice of Within 15 days after notice of
Within 15 days from notice of final order, or resolution; (1) Notice of judgment, final order,
judgment or final order judgment or final order
decision, or (2) Date of publication, if or resolution appealed from, or
BY RECORD ON APPEAL BY RECORD ON APPEAL
Within 15 days from notice of publication is required by law for (2) Notice of denial of motion for
Within 30 days from notice of Within 30 days from notice of
denial of petitioners motion for its effectivity; new trial or reconsideration filed in
judgment or final order by filing a judgment or final order by filing a
new trial or reconsideration (3) Denial of petitioners MNT or due time after notice of judgment
notice of appeal and a record on notice of appeal and a record on
MR
appeal appeal
 A COMPARATIVE CHART ON THE PROVISIONAL REMEDIES
Preliminary Attachment
To have the property of adverse party
attached as security for satisfaction of
judgment that may be recovered in
cases falling under Sec. 1, Rule 57
To enable the court to acquire
PURPOSE
jurisdiction over the action by the actual
or constructive seizure of the property
in those instances where personal
service of summons on creditor cannot
be effected
SUBJECT
Personal or real property
MATTER
At the commencement of action
WHEN APPLIED/
OR `At any time prior to entry of
GRANTED
judgment
HOW APPLIED FOR File affidavits and applicants bond
REQUIREMENT Not required
OF A HEARING May be issued ex parte
Preliminary Injunction
To require a party or a court,
agency, or a person to reframe
from doing a particular act/s
Or to require the performance of
particular act/s
Particular act/s
At any stage prior to final
judgment or final order
File verified application and
applicants bond
If application is included in
initiatory pleading, adverse
party should be served with
summons together with a copy
of initiatory pleading and
applicants bond
Required
EXCEPT: Great or irreparable
injury would result or Extreme
urgency and applicant will suffer
grave injustice and irreparable
Receivership Replevin
To place the property subject of
an auction or proceeding under
the control of a third party for its To recover possession of
preservation and administration personal property
pendente lite or as an aid to
execution
Personal property capable of
Personal or real property
manual delivery
At any time prior to satisfaction
of judgment At the commencement of the
It may be availed of even after action
judgment becomes final under BUT before the filing of answer
Sec. 41, Rule 39
File verified application and
applicants bond
Application may also be File affidavits and applicants
included in initiatory pleading in bond
actions for foreclosure of
mortgage
Required Not Required
May be issued ex parte

Courts where the action is pending, the
WHO MAY GRANT CA or the SC even if action is pending
in lower court
1. Sufficient cause of action
2. Case is covered by Sec. 1, Rule 57
3. No other sufficient security for the
REQUISITES FOR
claim exists
GRANTING
4. Amount due to applicant or value of
APPLICATION
property he is entitled to recover is
equal to the sum which the order of
attachment is granted
Grounds 1. Action for recovery of a specified
amount of money or damages, except granted when it is established:
moral and exemplary,
a. on a cause of action arising from
law, contract, quasi-contract,
delict, or quasi-delict
b. against a party who is about to
depart from the Philippines with
intent to defraud his creditors;
2. Action for money or property,
embezzled or fraudulently
misapplied or converted to his own
injury (Sec. 5, Rule 58
Only the court where the action
is pending
Lower court, CA or SC provided
action is pending in the same
court which issues the injunction
Also with the Sandiganbayan
and CTA
1. Applicant is entitled to relief
demanded
2. Act/s complained of would
work injustice to applicant if not
enjoined
3. Acts sought to be enjoined
probably violates applicants
rights respecting the subject of
the action or proceeding
4. Threatened injury incapable
of pecuniary estimation
Preliminary injunction may be
1. That applicant is entitled to
the relief demanded, which
consists in whole or in part in
restraining commission or
continuance of an act, or in
requiring the performance of
an act, either for a limited time
or perpetually;
2. That commission,
continuance, or non-
Court where action is pending
The CA or SC even if action is
pending in the lower court Only the court were action is
Appellate court may allow pending
application for receivership to be
decided by the court of origin
1. Applicant has interest in
1. Applicant is owner of the
property or fund, subject matter
property claimed or is entitled to
of action
possession
2. Property or fund is in danger
2. Property is wrongfully
of being lost, or removed, or
detained by the adverse party
material injured
3. Property is not distrained or
3. Appointment is the most
taken for tax assessment or fine
convenient and feasible means
pursuant to law, or seized (if
of preserving, administering,
seized, that the property is
disposing of property in
exempt)
litigation
CASES WHEN RECEIVER
MAY BE APPOINTED:
1. When it appears from the
verified application and other
proof that the applicant has an
interest in the property or fund
which is the subject of the
action or proceeding, and that
such property or fund is in
danger of being lost, removed,
or materially injured unless a
receiver be appointed to
 use by either:
a. A public officer;
b. An officer of a corporation;
c. An attorney, factor, broker,
agent, or clerk, in the course of
his employment as such; or
d. Any other person in a fiduciary
capacity, or for a willful
violation of duty;
3. Action to recover the possession of
property unjustly or fraudulently
taken, detained or converted,
a. When the property, or any part
thereof, has been concealed,
removed, or disposed of to
prevent its being found or taken
by the applicant or an authorized
person;
4. Action against a party who has been
guilty of a fraud in contracting the
debt or incurring the obligation upon
which the action is brought, OR in
the performance thereof;
5. Action against a party who:
a. has removed or disposed of his
property, or is about to do so,
b. with intent to defraud his
creditors
6. Action against a party who:
a. Does not reside and is not found
in the Philippines; or
b. On whom summons may be
served by publication.
THE SPECIAL CIVIL ACTIONS
2. When it appears in an action
performance of the act
complained of during the
litigation would probably
work injustice to applicant; or
3. That a party, court, agency or 3. After judgment, to preserve
a person is doing, threatening,
or is attempting to do, or is
procuring or suffering to be
done, some act or acts
probably in violation of the
rights of the applicant
respecting the subject of the
action or proceeding, and
tending to render the judgment
ineffectual
4. Whenever in other cases it
administer and preserve it;
by the mortgagee for the
foreclosure of a mortgage that
the property is in danger of
being wasted or dissipated or
materially injured, and that its
value is probably insufficient
to discharge the mortgage
debt, or that the parties have
so stipulated in the contract of
mortgage;
the property during the
pendency of an appeal, or to
dispose of it according to the
judgment, or to aid execution
when the execution has been
returned unsatisfied or the
judgment obligor refuses to
apply his property in
satisfaction of the judgment,
or otherwise to carry the
judgment into effect;
appears that the appointment
of a receiver is the most
convenient and feasible means
of preserving, administering,
or disposing of the property in
litigation.
 JURISDICTION VENUE
Personal Property:
1. MTC: If value not more than P300,000 outside Metro Manila, or
not more than P400,000 in Metro Manila [B.P. Blg. 129, sec. 33]
Apply Rule 4:
2. RTC: If value exceeds P300,000 outside Metro Manila, or
Real action: If the action affects title to or possession of real
P400,000 in Metro Manila, or if incapable of pecuniary estimation
property, venue is where the real property involved or a portion
[B.P. Blg. 129, sec. 19]
thereof is situated.
INTERPLEADER Real Property:
Personal action: All other actionsAt the election of the plaintiff
1. Where plaintiff or any of the principal plaintiffs reside; or
1. MTC: assessed value not more than P20,000 outside Metro
2. Where defendant or any of the principal defendants resides; or
Manila or not more than P50,000 in Metro Manila (Sec. 33, BP 129)
3. In case of an non-resident, where he may be found
2. RTC: value exceeds P20,000 if outside Metro Manila, or P50,000
if in Metro Manila, or incapable of pecuniary estimation (Sec. 19,
BP129)

General rule: In the appropriate RTC, since the subject in

declaratory relief is incapable of pecuniary estimation.
DECLARATORY RELIEF Exception: Where the action is a proceeding similar to declaratory Apply Rule 4, i.e. personal action.
relief (e.g. quieting of title to real property), jurisdiction will depend
on the assessed value of the property, supra.
REVIEW OF
JUDGMENTS AND
SC SC
FINAL ORDERS OF
COMELEC/COA

CERTIORARI RTC, CA, SC;

RTC where the respondent is situated, where petition relates to an
Sandiganbayan, in aid of its appellate jurisdiction;
PROHIBITION COMELEC, in election cases involving an act or omission by
act or omission of a corporation, board, an officer, or person.
MANDAMUS [Rule 65, Sec. 4]
MTC or RTC, in aid of its appellate jurisdiction.

QUO WARRANTO
RTC, CA, SC Generally, action can be brought in the SC, CA, or RTC
Sandiganbayan, which has exclusive original jurisdiction over exercising jurisdiction over the territorial area where respondent
 quo warranto cases filed by the PCGG
COMELEC, exclusive jurisdiction over cases falling under the
resides or any of the respondent resides
Omnibus Election Code
If commenced by the SolGen, it may be filed with the RTC
Special Commercial Courts, for quo warranto against duly
Manila, CA, or SC
licensed associations. (CORP. CODE rules apply, not the RULES
OF COURT.)

Apply Rule 4, i.e. where the real property involved, or a portion

EXPROPRIATION RTC
thereof, is situated
JUDICIAL Apply Rule 4, i.e. where the real property involved, or a portion
RTC
FORECLOSURE thereof, is situated

PARTITION RTC Apply Rule 4

FORCIBLE ENTRY AND Apply Rule 4, i.e. where the real property involved, or a portion
MTC
UNALWFUL DETAINER thereof, is situated

If committed against RTC or a court of equivalent or higher

rank, or against an officer appointed by it: File with such court
If committed against a first-level court: File with the RTC of
CONTEMPT MTC, RTC, CA, SC the place in which lower court is sitting
If act was committed against persons or entities exercising
quasi-judicial functions: File with the RTC of the place wherein
contempt was committed
 CERTIORARI PROHIBITION MANDAMUS
Directed against an entity or person exercising judicial Directed against an entity or person exercising judicial, Directed against an entity or person exercising
or quasi-judicial functions quasi-judicial, or ministerial functions ministerial functions

Entity or person is alleged to have acted:

Entity or person is alleged to have:
(1) Without jurisdiction
(1) Neglected a ministerial duty; or
(2) In excess of jurisdiction; or
(2) Excluded another from a right or office
(3) With grave abuse of discretion amounting to lack or excess of jurisdiction

PURPOSE:
PURPOSE PURPOSE:
For respondent to: (1) do the act required, and (2) pay
To annul or nullify a proceeding To have respondent desist from further proceeding
damages

Covers
Covers discretionary acts Covers discretionary and ministerial acts
ministerial acts

Corrective remedy: Negative and preventive remedy

May be affirmative, positive, or negative
To correct usurpation of jurisdiction To restrain or prevent the said usurpation
 CERTIORARI AS A MODE OF APPEAL AND AS A SPECIAL CIVIL ACTION
CERTIORARI AS A MODE OF APPEAL (Rule 45)
A continuation of the appellate process over the original case
Seeks to review final judgment or final orders
Raises only questions of law
Filed within 15 days from notice of judgment or final order appealed from, or of the
denial of petitioners motion for reconsideration or new trial.
Extension of 30 days may be granted for justifiable reasons.
Does not require a prior motion for reconsideration
Stays the judgment appealed from
Parties are the original parties with the appealing party as the petitioner and the
adverse party as the respondent, without impleading the lower court or its judge
Filed only with the SC
Review by the SC is discretionary and will be granted only when there are special or
important reasons. [Rule 45, sec. 6]
CERTIORARI AS A SPECIAL CIVIL ACTION (Rule
65)
An original action and not a mode of appeal
May be directed against an interlocutory order of the court or where no appeal or
plain or speedy remedy is available in the ordinary course of law
Raises questions of jurisdiction, i.e. whether a tribunal, board or officer exercising
judicial or quasi-judicial functions has acted without jurisdiction or in excess of
jurisdiction or with grave abuse of discretion amounting to lack of jurisdiction
Filed not later than 60 days from notice of judgment, order, or resolution sought to be
assailed. In case a motion for reconsideration or new trial is timely filed, the 60-day
period is counted from notice of said denial.
Extension granted only under exceptional cases (infra).
Motion for reconsideration is a condition precedent, subject to exceptions
Does not stay the judgment or order subject of the petition, unless enjoined or
restrained
The tribunal, board, or officer, exercising judicial or quasi-judicial functions is
impleaded as respondent
May be filed with the SC, CA, Sandiganbayan, or RTC
If the order is sufficient in form and substance:
The RTC shall (1) order respondents to comment, and then (2)(a) hear the case or
(2)(b) require the parties to file memoranda.
But the SC/CA may require a comment before giving the petition due course.
 PROHIBITION AND MANDAMUS, DISTINGUISHED FROM INJUNCTION

INJUNCTION PROHIBITION

Ordinary civil action Special civil action

Directed to the court itself, commanding it to cease from the exercise of a jurisdiction
Directed only to the party litigants, without in any manner interfering with the court
to which it has no legal claim

INJUNCTION MANDAMUS

Ordinary civil action Special civil action

Directed against a litigant Directed against a tribunal, corporation, board, or officer

Purpose is to either refrain the defendant from performing an act or to perform not Purpose is for the tribunal, corporation, board, or officer, to perform a ministerial and
necessarily a legal and ministerial duty legal duty