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appellants
General Principles of Appeal - Factual findings of the trial court, when
- The right to appeal is NOT a constitutional affirmed by the CA, are final and
privilege, natural or inherent right conclusive and may NOT be reviewed on
- It is a statutory privilege. It is available appeal
only if granted or as provided by statutes
- The perfection of an appeal in the GR: A party who has not appealed cannot obtain
manner and within the period any affirmative relief except the one granted to
prescribed by law is not only him in the decision
mandatory but also jurisdictional and
failure of a party to conform to the EX: However, the Court may set aside this rule to
rules regarding appeal will render the pave the way for a full and just adjudication of
judgment final and executor the case on the basis of equity
o Failure to follow the prescribed
form and to file within the Judgments or orders that are appealable
reglementary period renders the - An appeal may be taken from a judgment
questioned decision final and or final order that completely disposes of
executor and deprives the the case, or of a particular matter when
appellate court of jurisdiction to declared by the Rules to be appealable
alter the final judgment much less - An interlocutory order is NOT
to entertain the appeal appealable until after the finality of the
- Note: This rule is subject to the liberal judgment on the merits
construction rule enunciated in Sec. 6 o When the judgment or final order
Rule 1 of the RoC does not dispose of the case, the
same is not appealable
GR: The remedy to obtain reversal or o Examples: several and separate
modification of judgment on the merits is appeal judgments
NOTE: The existence and availability of the Judgments or orders that are NOT
right to appeal proscribes the resort to APPEALABLE
certiorari because one of the requirements - Certain judgments and orders are
for availment of certiorari is that there specifically declared as not appealable
should be no appeal available - No appeal may be taken from:
o An order denying PETITION FOR
- A decision of a division of the CA is NOT RELIEF or any similar motion
binding on its other divisions seeking relief from judgment
- Findings of the trial courts on the o An INTERLOCUTORY ORDER
credibility of witnesses deserve a high o An order DISALLOWING or
degree of respect DISMISSING AN APPEAL
o Having observed their deportment o An order denying a MOTION TO
in court, the trial judge is in the SET ASIDE by consent, confession
position to determine the issue of or compromise on the ground of
credibility fraud, mistake or duress or any
o The findings of the trial judge will other ground vitiating consent
not be disturbed on appeal in the o An order of EXECUTION
absence of any clear showing that o A judgment or final order for or
they have overlooked, against one or more of several
misunderstood, or misapplied parties, or in separate claims,
some facts or circumstances of counter-claims, cross-claims, and
weight and substance that could third party complaints, whole the
main case is pending unless the - If a new theory is allowed, the adverse
court allows an appeal therefrom party has no more opportunity to rebut
o An order dismissing an action the new claim with contrary evidence
WITHOUT PREJUDICE because the trial stage has already been
A dismissal with prejudice terminated
is an adjudication on the - Objections relating to non-compliance
merits, hence appealable with the verification and certification of
o An order denying a motion for non-forum shopping requirements should
NEW TRIAL or motion for not be raised for the first time on appeal
RECONSIDERATION
Role of the Appellee
The proper remedy is to file the appropriate - The appellee’s role in the appeal process
special civil action under Rule 65 is confined only to the task of refuting the
assigned errors interposed by the
GR: An order of execution is not appealable appellant
- Since the appellee is not the party who
EX: A party aggrieved by an improper or instituted the appeal, he merely assumes
irregular execution may appeal a defensive stance and his interest is
solely relegated to the affirmance of the
Exception applies when: judgment appealed from
- Writ of execution varies the judgment - It is highly erroneous for the appellee
- There is a change in the situation of the to either assign any error, or seek any
parties affirmative relief or modification of the
- The writ of execution is improvidently lower court’s judgment WITHOUT
issued INTERPOSING HIS OWN APPEAL
- The writ is defective in substance o Appellee cannot impugn the
- The writ is issued against the wrong party correctness of a judgment not
appealed from by him
In these cases, the mode of elevation may be o He cannot assign such errors as
either by appeal, or by a special civil action for are designed to have the judgment
certiorari, prohibition or mandamus an order of modified
execution may be challenged under Rule 65 o The appellate court cannot take
cognizance of a ground for
Issues that may not be raised on appeal dismissal interposed by the
- Issues that have not been raised before appellee WHO DID NOT APPEAL
the lower courts cannot be raised for the
first time on appeal Errors to be considered by the appellate
- The assignment of errors of the appellant court
should refer to the issues raised by the
parties in the trial court GR: The appellate court shall consider no error
- Rule 44, Sec. 15: unless stated in the assignment of errors
o Questions that may be raised on
appeal—whether or not appellant EX: The following errors, though not assigned,
has filed a new motion for new trial may be ruled upon by the appellate court:
in the court below, he may include - Error that affects the jurisdiction over the
in his assignment of errors any subject matter
question of law or fact that has - Error that affects the validity of the
been raised in the courts below and judgment appealed from
which is within the issues framed by - Error which affects the validity of the
the parties proceedings
- Error closely related to or dependent on fees is a ground for the dismissal
an assigned error, and properly argued in of an appeal
the brief - NOTE: In the exercise of its impartial
- Plain and clerical errors jurisdiction, the court allows a
- Errors consideration of which is LIBERAL CONSTRUCTION of the rules
necessary in arriving at a just decision on the manner and periods for
and complete restitution of the case or to perfecting appeals in order to serve
serve the interests of justice or to avoid the demands of substantial justice
piecemeal justice - Qualifications of the rule:
- Errors upon which the determination of a o Failure to pay the appellate court
question properly assigned is dependent docket fee within the reglementary
period allows only
Harmless errors DISCRETIONARY DISMISSAL not
- Errors committed by the trial court which automatic dismissal
do not affect the substantial rights of the o Such power should be used in the
parties exercise of the Court’s sound
- These errors are harmless and do not discretion “in accordance with the
require the automatic reversal of the tenets of justice and fair play and
judgment of the lower court with great deal of circumspection
- In other words, even if an evidence has considering all attendant
been improperly admitted by trial court, circumstances”
the error will be disregarded on appeal if
the impact of the evidence on the case is Record on appeal; notice on appeal
slight and insignificant - An appeal is made by filing a NOTICE OF
APPEAL with the court which rendered
Appeal in criminal cases the judgment or final order appealed from
- An appeal in criminal cases throws the and serving the copy thereof upon the
whole case open for review adverse party
- In contrast, in a civil case, the appellate - No record on appeal shall be required,
court, subject to certain exceptions, shall EXCEPT in:
consider no error unless stated in the o Special proceedings
assignment of errors o Other cases of multiple or
separate appeals where the law
Payment of docket fee; liberal construction or the RoC so require
- Payment of docket fees and other legal - In a case where multiple appeals are
fees within the prescribed period is both allowed, a party may appeal only a
mandatory and jurisdictional particular incident in the case and NOT all
o Non-compliance with which is fatal matters involved in the same case
to an appeal o The others which are not made the
- The full amount of the docket fees must subject of the appeal remain to be
be paid to the clerk of court which resolved by the trial court
rendered the judgment or final order o The record on appeal is REQUIRED
appealed from so the appellate court may have a
- Without paying the docket fees, the record of the proceedings to
appeal is NOT perfected and the resolve a separate and distinct
appellate court DOES NOT ACQUIRE issue raised in the appeal
jurisdiction to entertain the appeal, o Since the original records remain
thereby rendering the decision sought with the trial court, it still can
to be appealed final and executor resolve the other issues of the case
o Non-payment of the appellate not made subject of the appeal
court docket and other lawful o Ex: expropriation cases
Involves 2 stages: - After the filing of appellee’s brief =
determination of the lawful withdrawal may be allowed in the
right to take the property & discretion of the court
determination of just
compensation both are
appealable Rule 40
Appeal from MTC to the RTC
Dismissal of an appeal
- The following are the grounds for the Where to appeal
dismissal of an appeal by the CA on its - An appeal from a judgment or final order
own motion or on that of the appellee: of a MTC may be taken to the RTC
o Failure of the record on appeal to exercising jurisdiction over the area to
show on its face that the appeal which the former pertains
was taken within the period fixed
by the Rules When to appeal
o Failure to file a notice of appeal or - An appeal may be taken within 15 days
the record on appeal within the AFTER NOTICE to the appellant of the
prescribed periods judgment or final order appealed from
o Failure to pay the docket and other
lawful fees How to appeal; contents of notice of appeal
o Unauthorized alterations, - The appeal is taken by:
omissions or additions in the o Filing a notice of appeal and record
approved record on appeal on appeal, where appropriate, with
o Failure to serve and file the the court that rendered the
required number of copies of his judgment or final order appealed
brief or memorandum within the from, and by
time provided o Serving a copy of the notice and
o Absence of specific assignment of record on the adverse party
errors - The notice of appeal shall:
o Failure of the appellant to take the o Indicate the parties to the appeal
necessary steps for the correction o The judgment or final order or part
or completion of the record thereof appealed from
o Failure of the appellant to appear o State the material dates showing
at the preliminary conference or to the timeliness of the appeal
comply with the orders, circulars, - Within the period for taking an appeal,
or directives of the court without the appellant shall pay to the clerk of
justifiable cause court, which rendered the judgment or
o The fact that the order or final order appealed from the full amount
judgment appealed from is not of the appellate court docket and other
appealable lawful fees
- The discretion to dismiss the appeal on - Proof of payment thereof shall be
that basis is lodged in the CA by virtue of transmitted to the appellate court
which the CA may still allow the appeal to together with the original record or the
proceed record on appeal
- Within 15 days from the perfection of the
Withdrawal of the appeal appeal, the clerk of court of the lower
- Withdrawal of an appeal maybe a matter court shall transmit the original record or
of right or matter of judicial discretion record on appeal, with all the relevant
- Before the filing of the appellee’s brief documents, to the proper RTC
= the appeal may be withdrawn as a
matter of right
Perfection of an Appeal - the RTC shall decide the case on the basis
- By Notice of Appeal of the ENTIRE RECORD of the
o Deemed perfected upon the filing proceedings had in the court of origin and
of the notice of appeal in due time such memoranda as are filed
- By Record on Appeal
o Deemed perfected with respect to Appeal from an order dismissing a case for
the subject matter thereof upon lack of jurisdiction
the approval of the record on - A case may be dismissed in the MTC
appeal filed in due time without a trial on the merits
- Notice of appeal DOES NOT REQUIRE the o This occurs when a motion to
approval of the court dismiss is granted in accordance
o The function of a notice of appeal with Rule 16
is merely to notify the trial court - If an appeal is taken from the dismissal by
that the appellant was availing of the lower court, the RTC may affirm or
the right to appeal reverse it, as the case may be
o The trial court’s only duty with - If the dismissal in the MTC is made on
respect to a timely notice of appeal the ground of lack of jurisdiction over
is to transmit the original record of the subject matter, and the RTC
the case to the appellate court affirms, the actions of the latter, if it
has jurisdiction, shall NOT be confined
Duty of the clerk of court of the RTC to a mere affirmation
- Upon receipt of the complete record or - The rule requires the RTC to try the
the record on appeal, the clerk of court of case on the merits as if the case was
the RTC shall notify the parties of such originally filed with it
fact - The RTC on appeal shall not dismiss
the case if it has original jurisdiction,
but shall decide the case in accordance
Submission of Memorandum with the Rules
- Within 15 days from such notice , it shall o The court may, however, admit
be the duty of the appellant to submit a amended pleadings and additional
memorandum, a copy of which shall be evidence in the interest of justice
furnished the appellee - NOTE: When a case is dismissed
- For the appellant, the filing of a pursuant to a MTD or motu proprio for
memorandum is VITAL to his appeal lack of jurisdiction, the order of dismissal
o Failure to file shall be a ground for is WITHOUT PREJUDICE
dismissal o An order dismissing an action
o Memorandum shall briefly discuss without prejudice is NOT
the errors imputed to the lower APPEALABLE
court - Sec. 8, Rule 40 allows an appeal from
- The appellee may, if he so desires, file his an order of the MTC dismissing a case
memorandum within 15 days from the for lack of jurisdiction
receipt of the appellant’s memorandum o The said provision should be
considered an EXCEPTION to
When case is deemed submitted for decision Sec. 1, Rule 41 which precludes
- The case shall be deemed submitted for an appeal from an order
decision upon the filing of the dismissing an action without
memorandum of the appellee, or the prejudice
expiration of the period to do so