Академический Документы
Профессиональный Документы
Культура Документы
II.BUT NOT when its application will subvert the essence of the proceedings
or result to in the utter disrefard of the ROC.
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. 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.
I. Ordinary Appeal:
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)
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:
III. Appeal erronoeusly taken to the CA, where the issues are pureply
of law, the appeal should be dismissed IWHTOUT tranferring it to the
SC.
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.
I. By direct Action
I. Want of jurisdiction or
I. Allege with particularilty the facts and the law rellied upon for the
annulment
II.as well as tose supporting the petitioner's good and substantial cause
of action or defense.
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
dismiss.
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.
III. Judgment may include an award for damages, atty fees, and other
reliefs.
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.
3. Harmless Remedy
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.
4.
6. Slip Rule (When Judgment Becomes final and executory)- page 324
12.Nyepes Rule applicable only in R40 and 41 NOT in R42, 43, 45.
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
court.
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.
2. The power to dismiss can thus be exercised sua sponte (motu proprio) by
the appellate court where they lack jurisdiction.
1. Statutory Exception:
2. Example: