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I. Trial- collection of facts, colaltion of proof, weighing of evidence, and

reoslution of the controversy.

II.Review- All the proceedings taken to review, revise, reverse, modify or

affirm the resolution of the controversy or to remand or to remit.

I. Both stages- parties are given opp to be heard by themselves or by

their counsel.



I. The principle of liberal construction mandated by the Rules of Court may

be invoked in situtations wherein theire is some excusable forma;l
deficiency or error in a pleading.

II.BUT NOT when its application will subvert the essence of the proceedings
or result to in the utter disrefard of the ROC.

III. Imperative justice- requires the correct observance of correct

observance of indispensable technicalities precisely designed to ensure
its proper dispensation.

IV.Note: rules of procedure are matters of public order and interest can in
no wise be changed or regulated by agreemenrs between or stipualtions by
parties to an action for theiur singular convenience.


I. Appellate procedure: primarily governed by the Constitution and ROC

promlgated by the SC pursuant to its rule-making power.

II.Time to time, SC issues circulars and renders decisionms affecting

appellate jurisdiction.


Judicial Body

I. After receiving the decision, the p[arties and counsel must determine the
proper and corect remedy and should be made abnd duly manifested by them
WITHIN the fixed and ofterntimes short reglementray periods.
II.Wrong remedy= appeal will be dismissed.

III. What is correct and proper remedy? The election of the proper and
correct remedy depends on whether or not the subject order or judgment has
become final and unappealable.

I. If not yet final and unappealable: The remedy is appellate review and
involves the submission of the merits of the case to a higher tribunal
or body.

II.Modes of Review on a appeal a FINAL ORDER or JUDGMENT:

I. Ordinary Appeal:

I. perfected by filing a NOA within the period specified in the ROC

II.appeal will be only on errors of fact and of law

III. applies too appeals from final judgmments or orders of the

MTCs to the proepr RTC; RTC (oj) to the CA or SB; RTCs and SB
(crim cases on automatic review) to the SC

II.Petition for Certiorari to the SC under Rule 45

I. on pure questions of law

II.from the RTC, CA, SB (execpt in criminal cases where the pemalty
impsoed is death, RP, LI, or where the lesser penalty is imposed
but involving offenses committed on the same occasion giving rise
to a more serious offense)

III. Petition for Review to the CA

I. Judgment to be appealed is that of the RTC rendered bvy it in the

exercise of its Appellate jurisdiction.


I. Appeal dismissed on the ground that it is improper.

II.Note: An appeal under Rule 41 taken from the RTC to the CA raising ONLY
questions of law should be dismissed because issues purely of law are NOT
revieweable by the CA.

III. ALSO DISMISSED: appellate decision of the RTC is takern by NOA to the
CA. Dapat PR under Rule42.
IV.Appeal to SC:

I. G.R: Petition for Review on Certiorari under Rule 45.

II.XPN: Appeal is by NOA in a criminal case where the penalty imposed is

deaht, RP, LI or where a lesser penalty is imposed BUT involving an
offense committed on the saqmne occasion or arising out of the same
occurrence giving rise to the more serious offensse for which the
penalty of D, RP, LI is imposed. \

III. the determination on whether or not issues of fact are involved

shall be FINAL.

I. Trial court has no authority to disallow an appeal by notice of

appeal on the ground that the issues involved only raises qustions
of law or both q of law and fact. Dismisaal of an appeal by the TC
due to its misconception that the appeal involves only a question of
laww and should have been instead brought to the SC is a grave error.
The TC cannot preempt the appellate ocurt's determination of the


I. It is NOT a substitute for or supplement to the specific modes of

appeal or review provided by law. An inquiry into the criminal,
civil, or administrative liability of the judge shall be made
only AFTER the available judicail remedies have been exhausted
and the appellate tribunals have spoken with finality.

III. Appeal erronoeusly taken to the CA, where the issues are pureply
of law, the appeal should be dismissed IWHTOUT tranferring it to the

IV.G.R: There is no way by which judgment of the RTCs may be appealed

by the SC except by petition fior review on certiorari in
accordancew with Rule 45.

V. XPN: In criminal cases where the penalty imposed is life

imprisonment, or RP or Death.

VI. 2 appeals from RTC to CA

I. ordinary appeal/ appeal by writ of error. RTC in the exercise of

its OJ

II.petition for review- RTC in the exercise of its AJ

I. it is NOT possible to take an appeal by certiorari to the CA.

II.Additonal Note: If an appeal is essayed to either court by the

WRONG PROCEDURE, the only course of action is to dismiss the
appeal. There is no longer any jsutification for allowing
transfers of erroneous appealsd from one court to another,
much less for tleration continued ignorance of the law on

III. Petition under R45 cannot be simulateously wirh a Rule 65

petition in an appraent attempt to evade the dismissal the
dismissal of the petition for being a wrong mode of appeal.

III. GR: An erroneous appeal results in dismissal

IV.XPN: all in the interest of substantial justice (people vs.

barrera). Hence, the Chief of the judicial records diviision of
Car transmitted to the SC the recors of the case which were
erronesouly forwarderr to the CA. The SC can choose to overlook
the lapse in order not to delay the disposition of the case,



I. Elevate the entire record to the SC for review whenever the CA should be
of the opinionn that the penalty of RP or higher should be imposed)

II.NOTE: This Rule permits a transfer of a criminal case from the CA to the
SC but the transfer has NO RELATION to an erroneous appeal BUT MERELY
reaffirms the MANDATORY review jurisdiction of the SC over all crim
penaltyies of RP or higher.



Note: An already unappeakable judgment or fina, order which can no longer be

subject tot the review on the merits may yet be impeached, annulled or set aisde
through the following MODES:

I. By direct Action

II.By collateral Attack

III. by petition for relief from judgment

IV.by independent civil action to annul a judgment


I. Grounds for Annulmen. Judgment is Void for:

I. Want of jurisdiction or

II.for lack of due process of law

III. judgment was obtained by extrinsic fraud

II.Period for Bringing Action

I. if based on extrinsic fraud: within 4 years from discovery of fraud.

II.If based on lack of jurisdiction, it may be filed at ANYTIME before it

is barred by laches or estoppel.

III. Extrinsic Fraud:

I. definition: Some act or conduct of the prevailing party which ahs

prevented the aggrieved party from having a trial or poreenting his
case to the court. It refers to acts outside the trial and must be
distinguished from intrinsic fraud.

I. Intrinsic Fraud: Acts of a party at a trial which prevented a fair

and just determination of the case and which could have been
litigatedf and determined at the trial or adjudication of the case
like falsificaiton of false testimony.

I. Application: there is fraud praticed on him by his opponent, as

keeping him away from court, a flase promise of a comrpomiuse, ow
ehre the defendant never has knwoledge of the suit, being kept in
ignorance by the acts of the plaintiff; atty fruadulentylt or
without authority connives at this defeat. = examples of
extrinsic fraud)

II.Not an extrinsic fraud: use of foreged instruments or perjured

testinomies during trial because such evidence does not preclude
the participation of any paprty in the proceedigns.

III. NOT AVCIALBALE as a ground: If it was availed of, could

have been availed of, in a motion for new trial or petition for
IV.Lack of Due Process of Law, defined:

I. A decision is VOID for lack of due process if, as a result, a party is

DEPRIVED of the opportunity of being heard, as when on the basis of
what is preseneted during a pre trial laone, the court foregoes the
holding of a trial and proceeds to render a decision or when after
denyuing the defense motion to dismiss, the criminal prosecution the
trial court deines the defense motion to present evidence.

V. Actrion to Annul, not to be used to reopen long-setled issues. Such would

constitute misuse of court processes and disturb the principle that
judgments, once, final become immutable and unalterable.

I. Note: It is settled that a party cannot evade or avoid the application

of RES JUDICATA by simply varying the form of his action or adopting a
different mehtod of presenting his actionor dopting a different method
of rpesenting his case.

VI.Contents of Petition. Petition should:

I. Allege with particularilty the facts and the law rellied upon for the

II.as well as tose supporting the petitioner's good and substantial cause
of action or defense.

III. It shall be filed in 7 legible copies,

IV.together with sufficient copues corresponding tto the number of

respondents, and

V. a certified true copy of the judgm,ent or final order to be attached to

the original copy of the petiiton.

VI.Submit also with petition the affidavits of witnesses or documents

supporting the caise of action or defense and a sworn certificawtion on
non-forums hoppong.

VII. Action on Petition:

I. CA may outrightly dismiss the action wityh spoecific reasons for such
dismissal= if it finds no substantial merit in the petition.

II.If it should find prima facie merit in the petition, the CA shall give
due course to the petiion and summons shall then be served.

III. In other ordianr case, the petition may apply for a TRO and
Preliminary Injuction to rpeserve the status quo and rpepvent the
execution of the judgment and the respondnet may also file a motion to

IV.In ordinary cases, there shall be trial and Receiption of evidence may
be refeered to a mmeber of the CA or to a judge in the RTC.

VIII. Reliefs which may be Granted. Depends on the ground invoked.

I. Lack of J/ Violation of Due process of law:

I. the judgment is rendered null and void

II.he may still refile his action in the proper court.

III. Judgment may include an award for damages, atty fees, and other

IV.If judgment or order is ALREADY executed, orders of restitution and

other relief as justice and equity may warrant.

II. Extrinsic Fraud:

I. The petitioner should move for an order to the trail court to TRY
the case as if a timely MNT ha dbeen granted.

IX.Where to File Action. The action for the annulment of the judgment or
final order of the:

I. MTC- shall be filed in the RTC having jurisdiction over the RTC and
shall be treated as an ordinary civil action.

II.Same in annulment actions in the CA, except that the RTC has no
jurisdiction to dismiss the action on the ground that the petition
lacks susbtantial merit.

III. Case: SC held that it has no jurisdiction to entertain a petition

ehich was evidently a petition to annul the cediison of the RTC judge
evne if it was under the guise of a petriion for certiorari under Rule
5 because the jurisdiction over such action pertained to the CA udner

X. Remedy of the party aggrieved party: Aggrieved by a deciison of the CA in

an action to annul a judgment of a RTC is a petition for review on
certiorari under Rule 45, where only questions of law may be raised.

1. Harmless Error Rule- page 362

2. Silent Escape Theory-

3. Harmless Remedy

4. Ladder-Like theory (Hierarchy of Court)- NO DIRECT RESORT TO SC IS ALLOWED.

1. The organizational structure is ladder-like, which necessarily signifies

that, to make for orderly procedure a party must ascend the hierarchical
ladder in prosecuting his remedies, or lose. Consequently, a direct resort
to the highest tribunal is not permitted to a party who has remedies
available else-where, particularly in the lower courts, which share with
the Supreme Court some of the jurisdiction to issue the extraordinary

2. Philippine Courts are organized into a hierarchy, in which some courts are
higher or lowers than others, with one being the highest court of the land
whose pronouncements bind all lower courts.

3. This hierarchical organization is dictated by the requirement that

controversies should first be dealt with in a trial in the first instance
and should subsequently undergo review by a superior court.


5. 2 Stages of Litigation Process

1. Trial- collection of facts, colaltion of proof, weighing of evidence, and

reoslution of the controversy.

2. Review- All the proceedings taken to review, revise, reverse, modify or

affirm the resolution of the controversy or to remand or to remit.

1. Both stages- parties are given opp to be heard by themselves or by

their counsel.

6. Slip Rule (When Judgment Becomes final and executory)- page 324

7. Dual Function of Appellate Court

8. Role of Judge in Pre-Trial

9. Error of Judgment vs. Error of Jurisdiction

10.Reverse Order of Trial

11.Summary Judgment vs, Judgment on the Pleadings

12.Nyepes Rule applicable only in R40 and 41 NOT in R42, 43, 45.

13.Memorandum decision- page 313, 318

14.Final Judgment Rule:

1. Definition: This rule expressly limits appeal ability or reviewability to

a judgment or final order that COMPLETELY DISPOSES OF THE CASE, or of a
particular matter threin when declared by the Rules of Court to be

2. Rationale:

1. This limitation rests upon the theory that piecemeal appeals are
oppressive and costly, and that optimal appellate review is achieved by
allowing appeals only AFTER the entire action is resolved in the trial

2. It further promotes efficiency by encouraging the consolidation in ONE

appeal of ALL errors that a litigant feels transpired during trial.

3. NOTE: Adherence to the final judgment rule avoids the risk that
immediate appeals from all trial court orders may decrease the respect
for the authority of the trial judge.


1. Appellate courts are held to to lack jurisdiction over decisions or

orders which FAIL the test and the recourse is the dismissal of the

2. The power to dismiss can thus be exercised sua sponte (motu proprio) by
the appellate court where they lack jurisdiction.


1. Statutory Exception:

1. Appeal from a partial judgment or order rendered for or against one

or more several parties; separate claims; coutnerclaims, cross-
claims, thrird party compalints
1. while the main case is pending, if allowed by the court.

2. 2nd example: sec 1, rule 109.

2. Discretionary Exception: Inolves the plenary discretion to accept or

refuse invocations of its appellate jurisdiction.

3. Collateral Order Exception:

1. why called collateral order? Because the decision or order

determines a matter collateral to the rights underlying the action
and which is too important to be rdenied review.

2. Invocation depends upon fiinding that the decisiion or order being

appealed truly involves collateral matters and is a final judgment
of those issues.

1. This exception is narrow and should be permitted only if there is

a showing that there could be NO effective review of the decision
or order after a final judgment is entered.

2. Example:

1. a party or counsel is charged for indirect contempt which

arises out of or is related to a principal action pending in
court. It shall be docketed. Heard, and decided separately
fropm the pending action UNLESS the court directs its
consolidation for joint hearing and decision.

3. Immediate appeal is allowed because the contempt incident was

COLLATERAL to the main case and the conviction (like for
disobedience) is a final determination of the issue of contempt.

4. Case if the order of contempt is PURELY CIVIL: Any review of the

civil contempt decision or order may take place simultaneously
with that of the main case. No immediate appeal from a judgment
is proper.

4. Where some immediate harm might occur to the appellant if review is

postponed because the TC's determinant is such that ity necessarily
requires some immediate act or conduct by the parties that be
irremediable should a later review suggest that it was properly ordered.

1. this exception is extremely limited one.