ATENEO CENTRAL BAR OPERATIONS 2007 Remedial Law SUMMER REVIEWER

ATENEO CENTRAL BAR OPERATIONS 2007 Remedial Law SUMMER REVIEWER
referred to as the appellant and the adverse party, the appellee.
APPEALS
Mode of Appeal: by Notice of Appeal
Section 2. When to appeal Appeal may be taken within 15 days after NOTICE of judgment or final order appealed from Where a record on appeal is required, the appellant shall file a notice of appeal and a record on appeal within 30 days after notice of the judgment or final order. The period of appeal shall be interrupted by a timely Motion for New Trial (MNT) or Motion for Reconsideration (MR). No extension of time to file an MNT or MR shall be allowed. * The rule on interruption of the period of appeal and prohibition of a motion for extension to file a motion for a new trial or reconsideration is the same as the rule thereon in the RTC (Rule 41, Sec 3). This is in consonance with the policy on uniformity of procedure in both courts.
Neypes v. CA, G.R. No. 141524, September 14, 2005 FRESH PERIOD RULE: A party litigant may either file his notice of appeal within 15 days from receipt of the Regional Trial Courts decision or file it within 15 days from receipt of the order (the final order) denying his motion for new trial or motion for reconsideration. Obviously, the new 15-day period may be availed of only if either motion is filed; otherwise, the decision becomes final and executory after the lapse of the original appeal period provided in Rule 41, Section 3. The fresh-period rule applies to: (a) Rule 40: MTC-RTC (b) Rule 41: Appeals from RTC (c) Rule 42: Petitions for review from RTC to CA (d) Rule 43: Appeals from quasi-judicial agencies to CA (e) Rule 45: Appeals by certiorari to the SC Purpose In order to standardize the appeal periods provided in the Rules of Court and to afford litigants fair opportunity to appeal their cases. The new rule aims to make the appeal period uniform, to be counted from receipt of the order denying the MNT or MR(whether full or partial) or any final order or resolution.
Section 3. How to appeal File a NOTICE OF APPEAL with the court that rendered the judgment or final order appealed from The Notice of appeal should indicate: (a) Parties to the appeal (b) Judgment or final order or part thereof appealed from (c) Material dates showing the timeliness of the appeal RECORD ON APPEAL shall be required only in: 1. Special proceedings 2. Other cases of multiple or separate appeals o Copies of the notice on appeal and the record on appeal (when required) shall be served on the adverse party.
RULE 40 APPEAL FROM MUNICIPAL TRIAL COURTS TO QuickTime and a TIFF (Uncompressed) decompressor THE REGIONAL TRIAL COURTS are needed to see this picture. Section 1. Where to appeal An appeal from a judgment or final order of an MTC may be taken to the RTC exercising jurisdiction over the area to which the former pertains. The title of the case shall remain as it was in the court of origin, but the party appealing shall be further
The last mentioned requirement (c) is the same as the material data rule applicable to records on appeal with respect to the contents thereof,
Advisers: Atty. Tranquil Salvador III; Head: Mary Elizabeth M. Belmonte, Renee Lynn C. Miciano, Ma. Cecillia G. Natividad; Understudies: Neliza Macapayag, Benjamin C. Yan
Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

and for the same reason which impelled the adoption of this rule. Difference between an ordinary appeal and petition for review ORDINARY APPEAL PETITION FOR REVIEW Matter of right Matter of discretion All records are elevated No records are elevated from the court of origin unless the court decrees it Notice or record on Filed with the CA appeal is filed with the court of origin Section 4. Perfection of appeal; effect thereof Governed by Rule 41, Section 9. Section 5. Appellate court docket and other lawful fees Within the period for taking an appeal, the appellant shall pay to the clerk of the court which rendered the judgment or final order appealed from the full amount of the appellate court docket and other lawful fees. Proof of payment shall be transmitted to appellate court together with the original record or the record on appeal, as the case may be. Payment thereof is not a condition precedent for perfection of appeal but must nonetheless be paid within the period for taking appeal, otherwise, it is a ground for dismissal of the appeal. While compliance with the requirement for timely payment of docket fees on appeal is mandatory, the appellate court is not without power to make exceptions thereto on justifiable cause, instead of dismissing the appeal on that sole ground. Section 6. Duty of the clerk of court Within 15 days from the perfection of the appeal, the clerk of court or the branch clerk of court of the lower court shall transmit the original record on appeal, together with the transcripts and exhibits, which he QuickTime proper RTC. shall certify as complete, to theand a TIFF (Uncompressed) decompressor
are needed to see this picture.
(b) Within 15 days from notice, it shall be the duty of the appellant to submit a MEMORANDUM which shall briefly discuss the errors imputed to the lower court, a copy of which shall be furnished by him to the adverse party. Within 15 days from receipt of the appellants memorandum, the appellee may file his MEMORANDUM. (c) Upon filing of the memorandum, of the appellee, or the expiration of the period to do so, the case shall be considered SUBMITTED FOR DECISION. o The RTC shall decide the case on the basis of the entire record of the proceedings had in the court of origin and such memoranda as are filed.
NOTE: Failure of the appellant to file a memorandum shall be a ground for the dismissal of the appeal NOTE: Where the party has appealed by counsel in the inferior court, the notice should be sent to his attorney; but if the notice is sent to the party himself and he actually received the same, such notice is valid and binding. Section 8. Appeal from orders dismissing the case without trial; lack of jurisdiction If an appeal is taken from an order of the lower court dismissing the case without a trial on the merits, the RTC may affirm or reverse it. In case of affirmance (of dismissal) and the ground of the dismissal is lack of jurisdiction over the SM, the RTC, it is has jurisdiction, shall try the case on the merits as if the case was originally filed with it In case of reversal, the case shall be remanded for further proceedings If the case was tried on the merits by the lower court without jurisdiction over the subject matter, the RTC on appeal shall not dismiss the case if it has original jurisdiction thereof, but shall decide the case in accordance with the preceding Section, without prejudice to the admission of amended pleadings and additional evidence in the interest of justice.
A copy of his certification shall be furnished the parties. Section 7. Procedure in the Regional Trial Court (a) Upon receipt of the complete record or the record on appeal, the clerk of court of the RTC shall notify the parties of such fact.
The first paragraph contemplates the situation wherein the case was not tried on the merits but was dismissed on a technical objection or question of law,
Page 77 of 289

as where the case was dismissed for improper venue on defendants motion or for prescription. No trial having been held, the RTC on appeal merely affirms or reverses the order of dismissal and, in the case of reversal, remands the case to the lower court for further proceedings. However, where the question of law involves lack of jurisdiction over the SUBJECT MATTER and the Regional Trial Court has jurisdiction thereover, it shall try the case on the merits as if the case was originally filed with it. The same procedure, whereby the Regional Trial Court assumes original jurisdiction over the case the case without the need for consent thereto by the parties, is followed where the case was tried on the merits by the lower court although it did not have jurisdiction over the subject matter. However, since there was an actual trial of the case on the merits, which normally entailed reception of evidence on which the judgment of the lower court was based, in the interest of justice, the parties may be allowed to file amended pleadings and adduce additional evidence at the trial of the case in the Regional Trial Court. Section 9. Applicability of Rule 41 complaints, while the main case is pending, unless the court allows an appeal therefrom 8. An order dismissing an action without prejudice. o In all the above instances, where a judgment or final order is not appealable, the aggrieved party may file an appropriate special civil action under Rule 65
The enumeration consists of interlocutory orders from which no appeal can be taken. NOTE: In such instances, the aggrieved party may resort to a special civil action under Rule 65, that is, a petition for certiorari or prohibition and, in the case of an order disallowing or dismissing an appeal, a petition for mandamus. INTERLOCUTORY ORDER: an order which does not dispose of the case but leaves something else to be done by the trial court on the merits of the case. * Where the order is interlocutory, the movant has to wait for the judgment and the appeal from the judgment, in the course of which appeal he can assign as error the said interlocutory order. The interlocutory order cannot be appealed from separately from the judgment. The general rule is that where the interlocutory order was rendered without or in excess of jurisdiction or with grave abuse of discretion, the remedy is certiorari, prohibition or mandamus, depending on the facts of the case. Where the order appealed from is interlocutory, the appellate court can dismiss the appeal even if no objection thereto was filed by the appellee in either the trial or appellate court. (Rule 50, Section 1(i)
* RULE 41 APPEAL FROM THE REGIONAL TRIAL COURTS Section 1. Subject of appeal * An appeal may be taken from a judgment or final order that completely disposes of the case, or of a particular matter therein when declared by these Rules to be appealable NO APPEAL MAY BE TAKEN FROM: (M-PISSED) 1. An order denying an MNT or MR 2. An order denying a petition for relief or any similar motion seeking relief from judgment 3. An interlocutory order and a QuickTime TIFF (Uncompressed) decompressor 4. An order disallowing this picture. are needed to see or dismissing an appeal 5. An order denying a motion to set aside a judgment by consent, confession or compromise on the ground of fraud, mistake, duress or any other ground vitiating consent 6. An order of execution 7. A judgment of final order for or against one or more of several parties or in separate claims, counterclaims, cross-claims and third-party
Section 2. Modes of appeal ORDINARY APPEAL (APPEAL BY WRIT OF ERROR) Appeal to the CA in cases decided by the RTC in its original jurisdiction
PETITION FOR REVIEW (RULE 42) Appeal to the CA in cases decided by the RTC in the exercise of its appellate jurisdiction
APPEAL BY CERTIORARI (RULE 45) In all cases where only questions of law are raised or involved,
Page 78 of 289

By NOTICE OF APPEAL with the court which rendered the judgment or final order appealed from and serving a copy thereof upon the adverse party RECORD OF APPEAL shall be required only in: 1. special proceedings 2. multiple or separate appeals where the law or there Rules so require. Questions of fact or mixed questions of fact and law By PETITION FOR REVIEW in accordance with Rule 42 the appeal shall be to the SC by PETITION FOR REVIEW ON CERTIORARI in accordance with Rule 45. The period for appeal shall be interrupted by a timely MNT or MR. No motion for extension of time to file an MR or MNT shall be allowed. (same rule as MTC-RTC appeals) * Motion for extension of time to file an MNT or MR is prohibited; such a motion is only available in cases pending with the SC.
Habaluyas v. Japson, 142 SCRA 208 (1986) GENERAL RULE: Perfection of appeal within reglementary period is jurisdictional. EXCEPTION: when there has been extrinsic fraud, accident, mistake or excusable negligence (FAME), resort to Petition for Relief from Judgment under Rule 38 may be had. The period of appeal may be extended but such extension is addressed to the sound discretion of the court and the mere filing of the motion for extension of time to perfect the appeal does not suspend the running of the reglementary period. If the order granting the extension is issued and notice thereof is served after the expiration of the period fixed by law, the extension must be computed from the date of notice of the order granting it. Since the filing of motion for extension does not suspend the running of the appeal period, the appellant has the duty to ascertain the status of his motion, for if no action is taken thereon or it is denied after the lapse of the period, the right to appeal is lost. Even if the appeal was filed out of time, the court still has jurisdiction to admit and give due course to it, provided there are justifiable reasons therefore. (In the exercise of the equity jurisdiction of the courts, where a stringent application of the rule would not serve the demands of substantial justice). Where the trial court set aside an order dismissing the complaint and granted a new trial but thereafter entered another order of dismissal, the period for perfecting an appeal runs from the date of the second dismissal. The approval by the trial court of the record on appeal even if the period for the appeal has expired, is tantamount to a valid order granting the extension prayed for by the appellant if any motion has been
Page 79 of 289
Questions of fact, of law, or mixed questions of fact and law
Question of law from judgment or final order rendered by RTC in the exercise of its appellate jurisdiction.
Although the term used in the second mode is petition for review, just like that in appeals from the quasijudicial agencies under Rule 43, it should not be confused with the petition for review on certiorari under the third mode which is a distinct procedure under Rule 45. Nor should the use of the word certiorari in the latter be mistaken for the special civil action for certiorari in Rule 65 which is not a mode of appeal but an original action. Section 3. Period of ordinary appeal; appeal in habeas corpus cases
QuickTime and a The appeal shall be taken within 15 days from notice TIFF (Uncompressed) decompressor of the judgment or are needed to see this picture. final order appealed from.
Where a record on appeal is required, the appellant shall file notice of appeal and record on appeal within 30 days from notice of the judgment or final order. Appeal in habeas corpus cases shall be taken within 48 hours from notice of judgment or final order appealed from.

filed. Consequently, the dismissal of the appeal by the trial court constitutes a denial of the extension prayed for, in which case the only question that can arise is whether or not the trial court had gravely abused its discretion in denying such extension. Section 4. Appellate court docket and other lawful fees Same as Rule 40 o Section 5. Notice of appeal 1. indicate the parties to the appeal 2. specify judgment or final order or part thereof appealed from 3. specify the court to which the appeal is being taken 4. state the material dates showing the timeliness of the appeal Even if no notice of appeal was filed, such defect may be disregarded if there was a record on appeal duly filed, as the same is equivalent to a notice of appeal. Failure to serve a copy of the notice of appeal to the adverse party, who was however, served with a copy of the record on appeal wherein such notice of appeal is embodied, does not impair the right to appeal. Section 6. Record on appeal; form and contents thereof Full names of all the parties to the proceedings shall be stated in the caption of the record on appeal. It shall include: 1. the judgment or final order from which the appeal is taken 2. in chronological order, copies of only such pleadings, petitions, motions and all interlocutory orders as are related to the appealed judgment or final order for the proper understanding of the issues involved 3. together with such data as will show that the appeal was perfected on time. (Material Data Rule) o If an issue of factsee this picture. raised on appeal, are needed to is to be the record on appeal shall include by reference all the evidence, testimonial and documentary, taken upon the issue involved. Reference shall specify (a) documentary evidence by the exhibit numbers or letters by which it was identified when admitted or offered at the hearing
QuickTime and a TIFF (Uncompressed) decompressor
(b) testimonial evidence by the names of the corresponding witnesses o If the whole testimonial and documentary evidence in the case is to be included, a statement to that effect will be sufficient without mentioning the names of the witnesses or the numbers or letters of exhibits. subject index (if the record on appeal exceeds 20 pages)
Things that are purely matters of form and which are correctible by amendment should not be made a ground for dismissal of the appeal. Failure of counsel to sign the record on appeal is not a ground for dismissal of the appeal. The same should merely be required to be signed by him. (See however, Rule 7, Sec. 3 on unsigned pleadings) The same is true where the record on appeal consisting of more than 20 pages foes not have the requisite subject index and does not contain the full names of the parties in the caption as these are purely matters of form correctible by amendment which the trial court may order to be done. Material data rule need not be observed if the trial court issued an order to the effect that the appeal was seasonably perfected with the filing of the notice of appeal, and the record on appeal within the reglementary period. Section 7. Approval of record on appeal o Upon filing of the record on appeal for approval AND if no objection is filed by the appellee within 5 days from receipt of the copy thereof the trial court may: approve it as presented OR upon its own motion or at the instance of the appellee, may direct its amendment by the inclusion of any omitted matters which are deemed essential to the determination of the issue of law or fact involved in the appeal. If the TC orders the amendment thereof, the appellant shall redraft the record by including therein, in their proper chronological sequence, such additional matters as the court may have directed him to incorporate, and shall thereupon submit the redrafted record for approval, upon notice
Page 80 of 289

to the appellee, in like matter as the original draft. A record on appeal does not have to be set for hearing in the trial court by the appellant, as it is deemed submitted for approval upon its filing and the rule merely requires the adverse party to file any objection thereto within 5 days. GENERAL RULE: An ordinary appeal stays the execution of a judgment EXCEPTION: 1. Decisions of quasi-judicial bodies appealed to the CA 2. Executions pending appeal 3. Cases covered by Summary Procedure Section 8. Joint record on appeal Section 9. Perfection of appeal; effect thereof APPEAL BY NOTICE OF APPEAL Deemed perfected as to him upon the filing of the notice of appeal APPEAL BY RECORD ON APPEAL Deemed perfected as to him with respect to the subject matter thereof upon the approval of the record of appeal filed in due time. The court loses jurisdiction over the case only upon the SM thereof upon the approval of the record on appeal filed in due time and the expiration of the time to appeal of the other parties.
4. 5. Order execution pending appeal in accordance with Sec. 2, Rule 39 Allow the withdrawal of the appeal
Under this section, in an appeal by notice of appeal, a partys appeal is deemed perfected as to him upon the filing of his appeal in due time. While he can withdraw his appeal, he cannot do so in order to revive the jurisdiction of the trial court and enable him to take another course of action calling for the exercise of that jurisdiction, such as the filing of a motion for new trial or reconsideration. This is so because by filing his notice of appeal, insofar as he is concerned, he has perfected his appeal to the appellate court and it is in that court where he can pursue any further remedy. This rule, it should be noted, applies individually and only to each of the parties so circumstanced since the timeliness of their recourse to appellate remedy depends on when they respectively received a copy of the judgment or final orders. In the meantime, the trial court still retains jurisdiction over the case. However, where all the parties have either thus perfected their appeals by filing their notices of appeal in due time and the period to file such notice of appeal has lapsed for those who did not do so, then the trial court loses jurisdiction over the case as of the last notice of appeal or the expiration of the period to do so for all the parties. Virtually the same rules apply in appeals by record on appeal, except that a partys appeal is deemed perfected as to him, upon the approval of his record on appeal seasonably filed, but only with respect to the subject matter thereof. Section 10. Duty of clerk of court of the lower court upon perfection of appeal Within 30 days after the perfection of all the appeals, the clerk of court has the duty: 1. To verify the correctness of the original record or the record on appeal, and to make a certification of its correctness 2. To verify the completeness of the records that will be transmitted to the appellate court 3. If found incomplete, to take such measures as may be required to complete the records, availing of the authority that he or the court may exercise for this purpose 4. To transmit the records to the appellate court.
When the appeal is deemed perfected
Effect of perfection of appeal
The court loses jurisdiction over the case upon the perfection of the appeals filed in due time and the expiration of the time to appeal by of the other parties.
QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture.
In either case, prior to the transmittal of the original record or the record on appeal, the court may still [exercise the following residual powers]: (IAPOA) 1. Issue orders for the protection and preservation of the rights of the parties which do not involve any matter litigated by the appeal 2. Approve compromises 3. Permit appeals of indigent litigants
Page 81 of 289

If efforts to complete the records fail, he shall indicate in his letter of transmittal the exhibits or transcripts not included in the records being transmitted to the appellate court, the reasons for their non-transmittal, and the steps taken or that could be taken to have them available. The clerk of court shall furnish the parties with copies of his letter of transmittal of the records to the appellate court Section 11. Transcript (a) Upon the perfection of the appeal, the clerk shall immediately direct the stenographers concerned to attach to the record of the case 5 copies of the transcripts of the testimonial evidence referred to in the record on appeal. (b) The stenographers concerned shall transcribe such testimonial evidence and shall prepare and affix to their transcripts as index containing the names of the witnesses and the page wherein their testimonies are found, and a list of the exhibits and the pages wherein each of them appears to have been offered and admitted or rejected by the trial court. (c) The transcripts shall be transmitted to the clerk of the trial court who shall thereupon arrange the same in the order in which the witnesses testified at the trial, and shall cause the pages to be numbered consecutively. Section 12. Transmittal The clerk of the trial court shall transmit to the appellate court the original record or the approved record on appeal within 30 days from the perfection of the appeal, together with : 1. proof of payment of the appellate court docket and other lawful fees, 2. certified true copy of the minutes of the proceedings, the order of approval, 3. certificate of correctness, 4. original documentary evidence referred to therein, and 5. original and 3 copies of the transcripts. o Copies ofarethe transcripts and certified true needed to see this picture. copies of the documentary evidence shall remain in the lower court for the examination of the parties.
court may, motu proprio or on motion, dismiss the appeal for having been taken out of time or for nonpayment of the docket and other lawful fees within the reglementary period. The period to appeal is mandatory and jurisdictional. Failure to appeal on time makes the decision final and executory and deprives the appellate court of jurisdiction. However, in a few instances, the court has allowed due course to such appeals on strong and compelling reasons of justice.
RULE 42 PETITION FOR REVIEW FROM THE REGIONAL TRIAL COURTS TO THE COURT OF APPEALS Section 1. How appeal taken; time for filing o o o o o o RTC-CA in the exercise the CAs appellate jurisdiction VERIFIED PETITION FOR REVIEW Payment to the clerk of court of the corresponding docket and other lawful fees depositing P500 for costs furnish the Regional Trial Court and the adverse party with a copy of the petition The petition shall be filed and served within 15 days from notice of the decision sought to be reviewed or of the denial of petitioners MNT or MR filed in due time after judgment. The CA may grant an additional period of 15 days only within which to file the petition for review No further extension shall be granted except for the most compelling reason and in no case to exceed 15 days.
NOTE: Rule 41 refers to regular appeals from the RTC exercising original jurisdiction, while this Rule contemplates that said court is exercising appellate jurisdiction. In the first situation, an appeal on pure questions of law cannot be taken to the CA and such improper appeal will be dismissed pursuant to Rule 50, Sec 2. However, as hereafter explained, appeals to the CA from the RTC under Rules 42 and 43 may be made solely on questions of law. Section 2. Form and contents
Section 13. Dismissal of appeal o Prior to the transmittal of the original record or the record on the appeal to the appellate court, the trial The petition shall be filed in 7 legible copies, with the original copy intended for the court
Page 82 of 289

being indicated as such by the petitioner, and shall: (a) state the full names of the parties to the case, without impleading the lower courts or judges thereof either as petitioners or respondents; (b) indicate the specific material dates showing that it was filed on time (c) set forth concisely a statement of the matters involved, the issues raided, the specification or errors of fact or law, or both, allegedly committed by the Regional Trial Court, and the reasons or arguments relied upon for the allowance of the appeal (d) be accompanied by clearly legible duplicate originals or true copies of judgments or final orders of both lower courts, certified correct by the clerk of court of the RTC, the requisite number of plain copies thereof and of the pleadings and other material portions of the record as would support the allegations of the petition. The petitioner shall also submit together with the petition a certification against forum shopping. Section 4. Action on the petition The CA may: o require the respondent to file a comment on the petition, not a motion to dismiss, within 10 days from notice OR o dismiss the petition if it finds the same to be: 1. patently without merit, 2. prosecuted manifestly for delay, or 3. that the questions raised therein are too unsubstantial to require consideration. Section 5. Contents of comment o 7 legible copies o accompanied by certified true copies of such material portions of the record referred to therein together with other supporting papers and shall: (a) state whether or not he accepts the statement of matters involved in the petition (b) point out such insufficiencies or inaccuracies as he believes exists in petitioners statement of matters involved but without repetition; and (c) state the reasons why he petition should not be given due course. o A copy of the comment shall be served on the petitioner
The appeal under this Rule may be on either questions of fact or of law or on mixed questions of fact and law. It further specifically states that the lower courts or judges that rendered the judgment or final order complained of should not be impleaded as parties. The same prohibition is now provided in petitions for review on certiorari under Rule 45, since these are petitions for purposes of appeal and not petitions in original actions. Section 3. Effect of failure to comply with requirements The failure of the petitioner to comply with any of the foregoing requirements shall be sufficient ground for the dismissal thereof: 1. payment of the docket and other lawful fees, 2. the deposit for costs 3. proof of service of the petition 4. contents of and the documents which should QuickTime and a TIFF (Uncompressed) decompressor accompany the petitionpicture. are needed to see this Purpose To eliminate the causes of judicial backlog and delay in light of the experience of the appellate courts.
Section 6. Due Course If the Court of Appeals finds prima facie that the lower court has committed an error of fact or law that will warrant a reversal or modification of the appealed decision, it may accordingly give due course to the petition. NOTE: Petition for review is not a matter of right but discretionary on the CA. IT may only give due course to the petition if it shows on its face that the lower court has committed an error of fact and/or law that will warrant reversal or modification of the decision or judgment sought to be reviewed. Section 7. Elevation of record It is merely discretionary on the CA to order the elevation of the records. This is because until the petition is given due course, the trial court may still issue a warrant of execution pending appeal and in some cases such as ejectment and those of Summary Procedure, the judgments are immediately executory. It is only when the CA deems it necessary
Page 83 of 289

that the clerk of the RTC will be ordered to elevate the records of the case. The CA may dismiss the petition outright or require a comment thereon. Depending on the complexity or ambiguity of the issues for resolution, it could also require subsequent exchanges by the parties, such as the filing of a reply. A rejoinder (to the reply) is no longer required under AM No. 99-2-04-SC, which took effect on March 15, 1999. Upon the filing of the reply, the Court shall resolve either to (a) give due course to the petition and either consider the case submitted for decision based on the pleadings OR require the parties to submit their respective memoranda or (b) deny or dismiss the petition No new issues may be raised by a party in the Memorandum. Issue raised by a party in previous pleadings but not included in the Memorandum shall be deemed waived or abandoned. Being a summation of the parties previous pleadings, the Memoranda alone may be considered by the Court in deciding or resolving the petition. Section 8. Perfection of appeal; effect thereof Upon the timely filing of a petition for review and the payment of the corresponding docket and other lawful fees, the appeal is deemed perfected as to the petitioner. The RTC loses jurisdiction over the case upon the perfection of the appeals filed in due time and the expiration of the time to appeal of the other parties. However, before the CA gives due course to the petition, the RTC may still exercise residual powers (IAPOA). Except in civil cases decided under the Rule on Summary Procedure, the appeal shall stay the judgment or final order, UNLESS the CA, the law, or the Rules provide otherwise. and a QuickTime
TIFF (Uncompressed) decompressor are needed to see this picture.
prejudice to a further appeal that may be taken therefrom. Section 9. Submission for decision o If the petition is given due course, the CA may: set the case for oral argument or require the parties to submit memoranda within a period of 15 days from notice. o The case shall be deemed submitted for decision upon the filing of the last pleading or memorandum required by these Rules or by the Court itself.
The appellate court may, motu proprio or on motion, set the case on certain specified issues thereof for oral argument. It may require further memoranda after such oral argument or allow the submission of memoranda in lieu of oral argument.
RULE 43 APPEAL FROM QUASI JUDICIAL AGENCIES TO THE COURT OF APPEALS Section 1. Scope Decisions of the Court of Tax Appeals are not appealable to the Supreme Court by petition for review on certiorari under Rule 45, pursuant to RA 9282 which amended RA 1125. Voluntary arbitrarors authorized by law include the voluntary arbitrators appointed and accredited under the Labor Code or pursuant to the provisions of RA 876 as they are considered included in the term quasi-judicial instrumentalities The Office of the Prosecutor is NOT a quasi-judicial body and its action approving the filing of an information is not appealable to the CA under Rule 43. Fabian v. Desierto 295 SCRA 470 (1998) Appeals from decisions of the office of the Ombudsman in administrative disciplinary cases should be taken to the CA under Rule 43. * However, the remedy prescribed in Rule 43 is inapplicable when there is an allegation that the resolution is patently illegal and issued with grave abuse of discretion * Take note also of A.M. No. 99-2-02-SC (promulgated February 9, 1999), which states that: In light of the decision in Fabian v.
Page 84 of 289
GENERAL RULE: a perfected appeal stays the challenged judgment or final order. EXCEPTION: this is not applicable to civil cases under the Rule on Summary Procedure which provides that the decision of the RTC in civil cases governed by said Rule, including forcible entry and unlawful detainer cases, shall be immediately executory without

Ombudsman (G.R. No. 129742, 16 September 1998), any appeal by way of petition for review from a decision or final resolution or order of the Ombudsman in administrative cases, or special civil action relative to such decision, resolution or order filed with the Court after 15 March 1999 shall no longer be referred to the Court of Appeals, but must be forthwith DENIED or DISMISSED respectively. Fortich v. Corona 289 SCRA 624 (1998) An ERROR OF JUDGMENT is one which the court may commit in the exercise of its jurisdiction, and which error is reviewable only by an appeal. On the other hand, an ERROR OF JURISDICTION is one where the act complained of was issued by the court, officer or a quasi-judicial body without or in excess of jurisdiction, or with grave abuse of discretion which is tantamount to lack or in excess of jurisdiction. This error is correctable only by the extraordinary writ of certiorari. It is true that under Rule 43, appeals from awards, judgments, final orders or resolutions of any quasi-judicial agency exercising quasi-judicial functions, including the Office of the President, may be taken to the Court of Appeals by filing a verified petition for review within fifteen (15) days from notice of the said judgment, final order or resolution, whether the appeal involves questions of fact, of law, or mixed questions of fact and law. However, in this particular case, the remedy prescribed in Rule 43 is inapplicable considering that the present petition contains an allegation that the challenged resolution is patently illegal and was issued with grave abuse of discretion and beyond his (respondent Secretary Renato C. Coronas) jurisdiction when said resolution substantially modified the earlier OP Decision of March 29, 1996 which had long become final and executory. In other words, the crucial issue raised here involves an error of jurisdiction, not an error of judgment which is reviewable by an appeal under Rule 43. Thus, the appropriate remedy to annul and set aside the assailed resolution is an original special civil action for QuickTime and a certiorari under Rule 65, as what the petitioners have TIFF (Uncompressed) decompressor are needed judgment correctly done. (Error of to see this picture. Rule 43/42; Error of jurisdiction Rule 65) Nevertheless, the SC still took cognizance of the case in the interest of speedy justice and to avoid future litigations so as to promptly put an end to the present controversy which, as correctly observed by petitioners, has sparked national interest because of the magnitude of the problem created by the issuance of the assailed resolution, stating that the Court has the power to set aside its own rules in the higher interests of justice. Section 2. Cases not covered Judgments or final orders issued under the Labor Code of the Philippines. * Judgments and final orders or resolutions of the NLRC are now reviewable in the first instance, by the CA on certiorari under Rule 65, but those of the Employees Compensation Commission should be brought to the CA through a petition for review under this Rule. Special rules of procedure have also been adopted for cases formerly within the jurisdiction and adjudicatory processes of the SEC. (See Regalado 10th ed. P. 573)
Section 3. Where to appeal An appeal under this Rule may be taken to the CA within the period and in the manner herein provided, whether the appeal involves questions of fact, of law, or mixed questions of fact and law. * This is another instance where an appellate review solely on a question of law may be brought to the CA instead of the SC. The same procedure obtains in appeals from the RTC where it decided the case in the exercise of its appellate jurisdiction as regulated by Rule 42. The 2 exceptions to the general rule that appeals on pure questions of law are brought to the SC (based on Art VIII Sec 5(2)(e)) are Rule 42 Sec and 43.
Section 4. Period of appeal 15 days from notice of the award, judgment, final order or resolution, or from the date of its last publication, if publication is required by law for its effectivity, or of the denial of petitioners MNT or MR duly filed in accordance with the governing law of the court or agency a quo. Only one MR shall be allowed. Upon proper motion and the payment of the full amount of the docket fee before the expiration of the reglementary period, the CA may grant an additional period of 15 days only within which to file the petition for review.
Page 85 of 289

No further extension shall be granted except for the most compelling reason and in no case to exceed 15 days. Section 5. How appeal taken o By filing a VERIFIED PETITION FOR REVIEW in 7 legible copies with the CA, with proof of service of a copy thereof on the adverse party and on the court or agency a quo. o The original copy of the petition intended for the CA shall be indicated as such by the petitioner. o Upon the filing of the petition, the petitioner shall pay to the clerk of court of the CA the docketing and other lawful fees and deposit the sum of P500 for costs. Exemption from payment of docketing and other lawful fees and the deposit for costs may be granted by the CA upon verified motion setting forth valid grounds therefore. If the CA denies the motion, the petitioner shall pay the docketing and other lawful fees and deposit for costs within 15 days from notice of denial. Jaro v. CA 377 SCRA 282 (2002) Section 6 of Rule 43 does not require that all of the supporting papers or annexes accompanying the petition should be certified true copies or duplicate originals. What is mandatory is to attach the clearly legible duplicate originals or certified true copies of the judgment or final orders of the lower courts Under Rule 42, only judgments or final orders of the lower courts need to be certified true copies or duplicate originals. The same is true with respect to a similar requirement in Rule 45 and in original actions for certiorari under Rule 65 in relation to Rules 46 and 56. Section 7. Effect of failure to comply with requirements Same as Rule 42. Sufficient ground for dismissal. Section 8. Action on the petition Same as Rule 42. Section 9. Contents of comment The comment shall be filed within 10 days from notice in 7 legible copies and accompanied by clearly legible certified true copies of such material portions of the record referred to therein together with other supporting papers. The comment shall (a) Point out insufficiencies and inaccuracies in petitioners statement of fact and issues and (b) State the reasons why the petition should be denied or dismissed. A copy thereof shall be served on the petitioner, and proof of such service shall be filed with the CA. The appellate court may also require the filing of a reply, but further submissions are governed by the resolution in AM No. 99-2-04. Section 10. Due course If CA finds prima facie that the court or agency concerned has committed errors of fact or law that would warrant reversal or modification of the award, judgment, final order or resolution sought to be reviewed, it may give due course to the petition otherwise, it shall dismiss the same.
In view of the nature, subject matter and procedure in cases before the quasi-judicial agencies under their different governing laws, the appellate procedure and requirements in this Rule are somewhat different from those in regular appeals. Thus, the periods and requirements for the appeal are more stringent and specific provisions are made for motions for reconsideration and extension of time. Section 6. Contents of the petition (a) full names of the parties to the case, without impleading the court or agencies wither as petitioners or respondents (b) concise statement of the facts and issues involved and the grounds relied upon for the review (c) accompanied by a clearly legible duplicate QuickTime and a original or a certified true copy of the award, TIFF (Uncompressed) decompressor judgment, are neededorder picture. final to see this or resolution appealed from together with certified true copies of such material portions of the record referred to therein and other supporting papers. (d) Sworn certification against forum shopping (e) Material dates showing that it was filed within the period fixed therein.
Page 86 of 289

The findings of fact of the court or agency concerned, when supported by substantial evidence, shall be binding on the CA. NOTE: What bears specific notice in this section is the jurisprudential rule that the findings of fact of the court or agency a quo are binding on the appellate court has now been made a specific rule of procedure. This is similar to the rule on the findings of fact of the CA vis-vis the SC on appeal to the latter, and, under appropriate circumstances, the case law creating exceptions to that rule may very well apply to the similar provision of this section. Section 11. Transmittal of record Section 4. Docketing of case Within 15 days from notice that the petition has been given due course, the CA may require the court or agency concerned to transmit the original or a legible certified true copy of the entire record of the proceeding under review. The record to be transmitted may be abridged by agreement of all parties to the proceeding. The CA may require or permit subsequent correction of or addition to the record. Section 12. Effect of appeal The appeal shall not stay the award, final order, or resolution sought to be reviewed UNLESS the CA shall direct otherwise upon such terms as it may deem just. Section 13. Submission for decision Same as Rule 42 NOTE: Sec 12 of this Rule has been interpreted to mean that the appeal will not stay the award, judgment, final order or resolution unless the governing law directs otherwise. Within twenty (20) days from receipt of the appellees brief, the appellant may file a reply brief answering points in the appellees brief not covered in his main brief. Failure to file appellants brief on time is a ground for dismissal of the appeal. The failure to file the appellees brief does not affect the appeal. RULE 44 a QuickTime and TIFF (Uncompressed) decompressor ORDINARY APPEALED CASES are needed to see this picture. Section 1. Title of cases DBP v. CA 358 SCRA 501 (2001) If the title of the case commenced in the trial court is erroneous as where a non-party is impleaded, such as the public respondent or the trial judge or a nominal party who should not be a party to the appeal, the appellate court may effect the corresponding change DISTINCTION BETWEEN: (1) Failure to file notice of appeal within the reglementary period: failure of the court to acquire jurisdiction over the appealed decision
Page 87 of 289
or correction of the title of the case on appeal, indicating in its decision the reason for doing so. Section 2. Counsel and guardians The counsel and guardians ad litem of the parties in the court of origin shall be respectively considered as their counsel and guardians ad litem in the Court of Appeals. When others appear or are appointed, notice thereof shall be served immediately on the adverse party and filed with the court. Section 3. Order of transmittal of record
Section 5. Completion of record Section 6. Dispensing with complete record Section 7. Appellants brief Within forty-five (45) days from receipt of the notice of the clerk that all the evidence are attached to the record, with proof of service of two (2) copies thereof upon the appellee. Section 8. Appellees brief Within forty-five (45) days from receipt of the appellants brief with proof of service of two (2) copies thereof upon the appellant. Section 9. Appellants reply brief
The filing of the reply brief is optional on the part of the appellant.

resulting in its becoming final and executory upon failure of appellant to move for reconsideration. (2) Failure to file brief within the period granted by the appellate court: abandonment of the appeal which would lead to its dismissal upon failure to move for reconsideration, in which case the appealed decision would also become final and executory but prior thereto, appellate court shall have obtained jurisdiction of the appealed decision. Section 10. Time for filing memoranda in special cases In certiorari, prohibition, mandamus, quo warranto and habeas corpus cases, the parties shall file, in lieu of briefs, their respective MEMORANDA within a non-extendible period of 30 days from receipt of the notice issued by the clerk that all the evidence, oral and documentary, is already attached to the record. The failure of the appellant to file his memorandum within the period therefor may be a ground for dismissal of the appeal. Section 11. Several appellants or appellees or several counsel for each party Where there are several appellants or appellees, each counsel representing one or more but not all of them shall be served with only one copy of the briefs. When several counsel represent one appellant or appellee, copies of the brief may be served upon any of them. Section 12. Extension of time for filing briefs GENERAL RULE: will not be allowed, EXCEPTION: for good and sufficient cause, and only if the motion for extension is filed before the expiration of the time sought to be extended. Section 13. Contents of appellants brief (a) (b) (c) (d) (e)
and a subject index QuickTimecompressor TIFF (Uncompressed) de are needed to see assignment of errors this picture. Statement of the Case Statement of Facts clear and concise statement of the issues of fact or law to be submitted to the court for its judgment (f) Argument: arguments on each assignment of error with page references to the record. (g) Relief
(h) In cases not brought up by record on appeal, the appellants brief shall contain, as an appendix, a copy of the judgment or final order appealed from. The failure of the appellant to make a specific assignment of errors in his brief or of page references to the record as required in this section is a ground for the dismissal of his appeal. See however, Philippine Coconut Authority v. Corona International, Inc. directing a liberal interpretation of this ground. Philippine Coconut Authority v. Corona Intl 341 SCRA 519 (2000) In this case, the absence of page references were not considered fatal omissions. The requirements laid down in Rule 43, Sec 13 are intended to aid the appellate court in arriving at a just and proper conclusion of the case. Despite its deficiencies, appellants brief is sufficient in form and substance to as to apprise the appellate court of the essential facts and nature of the case as well as issues raised and the laws necessary for the disposition of the case. GENERAL RULE: Only errors assigned in the brief may be considered on appeal EXCEPTIONS: 1. Grounds not assigned as errors but affecting the jurisdiction over the subject matter 2. Matters not assigned as errors on appeal but are evidently plain or clerical errors within the contemplation of law 3. Matters not assigned as errors on appeal but consideration of which is necessary in arriving at a just decision and complete resolution of the case or to serve the interest of justice or to avoid dispensing piecemeal justice 4. Matters not specifically assigned ass errors on appeal but raised in the trial court and are matters of record having some bearing on the issue submitted which the parties failed to raise or which the lower court ignored. 5. Matters not assigned as errors on appeal but closely related to an error assigned 6. Matters not assigned as errors on appeal but upon which the determination of a question properly assigned is dependent Section 14. Contents of appellees brief 1. Subject index
Page 88 of 289

2. Statement of Facts or Counter-Statement of Facts 3. Argument, GENERAL RULE: Appellees brief need NOT contain an assignment of errors because he is seeking no affirmative relief, his purpose is only to uphold the ruling of the lower court EXCEPTIONS: 1. When his purpose is to maintain the judgment on other grounds 2. When ha has also appealed An appellee who has not also appealed cannot make assignments of errors in his brief but he may make a counter-assignment of errors in order to sustain the judgment. Difference between brief and memorandum BRIEF MEMORANDUM Ordinary appeals Certiorari, prohibition, mandamus, quo warranto and habeas corpus cases Filed within 45 days Filed within 30 days Contents specified by Shorter, only one issue Rules involved, no subject index or assignment of errors- just facts and law applicable. Section 15. Questions that may be raised on appeal. Appellant may include in his assignment of errors any question of law or fact that has been raised in the court below and which is within the issues framed by the parties. The reversal of a judgment on appeal is generally binding only on the parties in the appealed case and does not affect or inure to the benefit of those who did not join or were not made parties to the appeal. However, where a judgment cannot be reversed as to the party appealing without affecting the rights of the QuickTime and co-party who did not appeal, or awhere the rights and TIFF (Uncompressed) decompressor are needed to see did not liabilities of the parties who this picture. appeal and those who appealed are so interwoven and dependent on each other as to be inseparable, a reversal as to one operates as a reversal as to all because of the community of their interests (Tropical Homes, Inc. vs. Fortun, et al., G.R. No. 51554 Jan. 13, 1989) GENERAL RULE: An appellant may only include errors of law raised in the court a quo and that which is within the issues framed by the partied. EXCEPTION: When there is a question of lack of jurisdiction over the subject matter. GENERAL RULE: A change of theory by the party is not allowed, but a change in emphasis is allowed. EXCEPTION: When the factual bases of the theory would not require the presentation of additional evidence by the adverse party to enable him to meet the issues raised in the new theory.
RULE 45 APPEAL BY CERTIORARI TO THE SUPREME COURT Section 1. Filing of petition with the Supreme Court o From a judgment or final order of: 1. Court of Appeals 2. Sandiganbayan 3. Regional Trial Court 4. other courts whenever authorized by law VERIFIED PETITION FOR REVIEW ON CERTIORARI The petition shall raise only questions of law, which must be distinctly set forth.
o o
Appeals to the SC are made only by verified petitions for review on certiorari, except only in appeals from judgments of the RTC in criminal cases wherein the penalty imposed is life imprisonment or reclusion perpetua, which shall be elevated by ordinary appeal, or wherein the death penalty is imposed which is subject to automatic review. All other appeals to the SC can be taken from a judgment or final order or resolution of the CA, the Sandiganbayan, the RTC, or such other courts as may be authorized by law, only by a verified petition for review on certiorari on questions of law. Re: Criminal Cases (See also Rule 122) People v. Pajo 348 SCRA 603 (2000) Re: dismissal of PAJO (principal): Under Section 1(b) Rule 122 of the ROC (Now 3(b)), the appeal of a judgment rendered by the RTC in its original jurisdiction sentencing the accused to other than life imprisonment or death must be taken to the CA by
Page 89 of 289

filing of a notice of appeal with the Court which rendered the judgment or order appealed from, and by serving a copy thereof on the adverse party. The SC also dismissed the appeal of PAJOs coaccused, LIQUIGAN, for the reason that she similarly failed to file a notice of appeal of the judgment convicting her as an accomplice to the crime of rape. The appeal to the SC in cases where the penalty imposed is life imprisonment or where a lesser penalty is imposed but involving offenses committed on the same occasion or arising out of the same occurrence that gave rise to the more serious offence for which the penalty of death or life imprisonment is imposed shall be by filing a notice of appeal with the court which rendered the judgment or order appealed from and by serving a copy thereof to the adverse party. Inasmuch as both PAJO and LIQUIGAN have not appealed with respect to these cases, they become final and executory after the lapse of 15 days, the period for perfecting an appeal. On the other hand, the cases on automatic review in view of the imposition of the death penalty were allowed. It is only where the accused is sentenced to death when the appeal of the decision to the SC is automatic. People v. Mateo 433 SCRA 640 (2004) Up until now, the SC has assumed the direct appellate review over all criminal cases in which the penalty imposed is death, reclusion perpetua or life imprisonment (or lower but involving offenses committed on the same occasion or arising out of the same occurrence that gave rise to the more serious offense for which the penalty of death, reclusion perpetua, or life imprisonment is imposed). If only to ensure utmost circumspection before the penalty of death, reclusion perpetua or life imprisonment is imposed, the Court now deems it wise and compelling to provide in these cases a review by the CA before the case is elevated to the SC. Where life and liberty are at stake, all possible avenues to determine QuickTime and a innocence must be his guilt or TIFF (Uncompressed) decompressor are needed to no picture. accorded an accused, andsee thiscare in the evaluation of the facts can be overdone. A prior determination by the CA on, particularly, the factual issues, would minimize the possibility of an error of judgment. If the CA should affirm the penalty of death, reclusion perpetua or life imprisonment, it could then render judgment imposing the corresponding penalty as the circumstances so warrant, refrain from entering the judgment and elevate the entire records of the case to the SC for its final disposition. The appeal under this Rule contemplates that the RTC rendered the judgment or final order or resolution acting in its original jurisdiction. If it rendered the same in the exercise of its appellate jurisdiction, in the instances provided for in Rules 42 and 43, the appeal shall be taken to the CA even if only questions of law are raised by the petitioner. QUESTION OF LAW Exists when there is a doubt or controversy as to what the law is on a certain state of facts. QUESTION OF FACT Exists when the doubt or difference arises as to the truth or falsehood of facts, or as to the probative value of the evidence presented. One test is whether the court can determine the issue raised without reviewing or evaluating the evidence, in which case it is a question of law; otherwise it will be a question of fact. The question must not involve the examination of the probative value of the evidence presented. Whether an appeal involves only questions of law or both questions of law and fact is best left to the determination of an appellate court and not by the court which rendered the decision appealed from. When the facts are undisputed, the question of whether or not the conclusion drawn therefrom by the CA is correct is a question of law cognizable by the SC. GENERAL RULE: Only questions of law may be raised in a petition for review under Rule 45 of the Rules of Court. EXCEPTIONS: 1. When the factual findings of the CA and the trial court are contradictory 2. When the conclusion is a finding grounded entirely on speculation, surmises or conjectures 3. When the inference made by the CA from its findings of facts is manifestly mistaken, absurd or impossible 4. When there is grave abuse of discretion in the appreciation of facts 5. When the appellate court in making its findings, went beyond the issues of the case,
Page 90 of 289

and such findings are contrary to the admissions of both appellant and appellee 6. When the judgment of the CA is premised on misapprehension of facts 7. When the CA failed to notice certain relevant facts which, if properly considered, would justify a different conclusion 8. When the findings of fact are themselves conflicting GENERAL RULE: the findings of fact of the CA are final and conclusive and cannot be reviewed on appeal to the SC provided that they are borne out by the record or are based on substantial evidence. EXCEPTIONS: 1. When the conclusion is a finding grounded entirely on speculations, surmises or conjectures 2. When the inference made is manifestly mistaken, absurd or impossible 3. Where there is grave abuse of discretion in the appreciation of facts 4. When the judgment is based on a misapprehension of facts 5. When the findings of fact are conflicting 6. When the CA, in making its findings, went beyond the issues of the case and the same is contrary to the admissions of both appellant and appellee. 7. When the CA manifestly overlooked certain relevant facts not disputed by the parties and which, if properly considered, would justify a different conclusion. 8. Where the findings of fact of the CA are contrary to those of the trial court, or are mere conclusions without citation of specific evidence, or where the facts set forth by the petitioner are not disputed by the respondent, or where the findings of fact of the CA are premised on absence of evidence but are contradicted by the evidence of record. 9. When the findings of fact are conclusions without citation of specific evidence in order to arrive at the correct findings based on the record. 10. When the factsQuickTime and a the petition as well set forth in TIFF (Uncompressed) decompressor as in the petitioners this picture.and reply briefs are are needed to see main not disputed by the respondents. 11. When the findings of fact of the CA is premised on supposed evidence and is contradicted by the evidence on record. Certiorari as a mode of appeal under this Rule should be distinguished from certiorari as an original special civil action (Rule 65), under the following considerations: APPEAL BY CERTIORARI AS AN CERTIORARI ORIGINAL ACTION Petition based on Petition raises the issue questions of law which as to whether the lower the appellant desires the court acted without or in appellate court to resolve excess of jurisdiction or with grave abuse of discretion Involves review of the May be directed against judgment, award or final an interlocutory order of order on the merits the court prior to appeal from the judgment or where there is no appeal or any other plain, speedy or adequate remedy Must be made within the May be filed not later reglementary period for than 60 days from notice appeal of the judgment, order or resolution sought to be assailed Stays the judgment, Does not stay the award or order appealed challenged proceeding from unless a writ of preliminary injunction or a temporary restraining order shall have been issued. The petitioner and The parties are the respondent are the aggrieved party against original parties to the the lower court or quasiaction, and the lower judicial agency and the court or quasi-judicial prevailing parties, who agency is not to be thereby respectively impleaded become the petitioner and respondents The prior filing of a A motion for motion for reconsideration is a reconsideration is not condition precedent. required The appellate court is in The higher court the exercise of its exercises original appellate jurisdiction and jurisdiction under its power of review power of control and supervision over the proceeding of lower courts. Delsan v. CA 268 SCRA 597 (1997) The SC, in accordance with the liberal spirit pervading the Rules of Court and in the interest of justice, may decide to treat a petition for certiorari as
Page 91 of 289

having been filed under Rule 45, especially if it is filed within the reglementary period for the same. Ybaez v. CA 253 SCRA 540 (1996) The SC cannot tolerate the practice of categorizing a petition to be both under Rule 65 and Rule 45, Rules of Court, as the petition cannot be subsumed simultaneously under Rule 45 and Rule 65, and neither may petitioners delegate upon the court the task of determining under which rule the petition should fall. Under Circular 2-9, wrong or inappropriate mode of appeal, merits an outright dismissal. Banco Filipino v. CA 334 SCRA 305 A petition for certiorari seeks to correct errors of judgment committed by the court. Errors of judgment include errors of procedure or mistakes in the courts ruling. The remedies of appeal and certiorari are mutually exclusive and not alternative or successive. Although it is true that the SC may treat a petition for certiorari as having been filed under Rule 45 to serve the higher interest of justice, it cannot be availed of when the petition is filed well beyond the reglementary period for filing a petition for review and without offering any reason therefore. Section 2. Time for filing; extension The reglementary period to appeal is 15 days from service of the judgment, final order or resolution. However, within that period, the aggrieved party may file a motion for new trial or reconsideration and, if denied, he shall have the entire 15 days all over again from notice of such denial within which to file his petition for review on certiorari in the SC. In either case, within such 15-day period, he may for good cause file a motion with the SC for extension of time within which to file his petition for review on certiorari, but he must within that period submit the requisite proof of service of such motion on the respondents, pay the docket and other lawful fees in full, as well as deposit the costs of suit. It will be noted that this is a special procedure adopted in the interest of procedural due process and to afford sufficient opportunity to the appealing party to file his petition for review on certiorari which may very well be his last chance for obtaining full appellate review of his case. Section 3. Docket and other lawful fees; proof of service of petition
The phrase unless he has theretofore done so refers to the situation in the next preceding section wherein a motion for extension of time to file the petition for review was filed, in which case the petitioner had already paid the docket and other lawful fees and made the deposit for costs as requisites therefore. Although a copy of the petition is served on the lower court concerned, it is only for the purpose of giving notice that its judgment should not be entered since it is not yet executory because of the pending petition for review thereof. The lower court does not become a party to the case since Rule 45 provides a mode of appeal, as explained in the following section. Section 4. Contents of petition The petition shall be filed in 18 copies, with the original copy intended for the court being indicated as such by the petitioner Contents same as Sec. 2, Rule 42 Section 5. Dismissal or denial of petition Failure of the petitioner to comply with any of the foregoing requirements shall be sufficient ground for the dismissal thereof: 1. payment of the docket and other lawful fees 2. deposit for costs 3. proof of service of the petition 4. contents of and the documents which should accompany the petition The Supreme Court may, on its own initiative deny the petition on the ground that the appeal is without merit prosecuted manifestly for delay or the questions raised therein are too unsubstantial to require consideration. Section 6. Review discretionary A review is not a matter of right, but of sound judicial discretion, and will be granted only when there are special and important reasons therefor. The following, while neither controlling nor fully measuring the courts discretion, indicate the character of the reasons which will be considered:
Page 92 of 289

1. When the court a quo has decided a question of substance, not therefore determined by the SC, or has decided it in a way probably not in accord with law or with the applicable decisions of the SC 2. When the court a quo has so far departed from the accepted and usual course of judicial proceedings, or so far sanctioned such departure by a lower court, as to call for an exercise of the power of supervision. Section 7. Pleadings and documents that may be required; sanctions For the purposes of determining whether the petition should be dismissed or denied pursuant to Section 5 of this rule, or where the petition is given due course under Section 8 hereof, the SC may 1. require or allow the filing of such pleadings, briefs, memoranda, or documents as it may deem within such periods and under such conditions as it may consider appropriate, and 2. impose the corresponding sanctions in case of non-filing or unauthorized filing of such pleadings and documents or non-compliance with the conditions therefor. Section 8. Due course; elevation of records If the petition is given due course, the SC may require the elevation of the complete record of the case or specified parts thereof within 15 days from notice. Section 9. Rule applicable to both civil and criminal cases EXCEPT in criminal cases where the penalty imposed is (1) death, (2) reclusion perpetua or (3) life imprisonment Petitions for habeas corpus have been excluded from the coverage of the present revised Rule since they are actually special proceedings and the corresponding procedural rules governing the same are provided for in the Rules on special proceedings and in Rule 41, Sec 3. Section 3. Contents and filing of petition; effect of non-compliance with requirements The original copy of the petition intended for the court shall be marked or indicated as such, since among others, it must be accompanied by a clearly legible duplicate original or certified true copy of the adjudicatory issuance complained of whereas the other copies may be accompanied by only plain copies thereof. If the original copy of the petition intended for the court is accompanied by only plain copies of said documents, the same may be dismissed outright. OSM Shipping Philippines, Inc. v. NLRC, et al., G.R. No. 138193, Mar. 5, 2003 Rule 46 Sec 3 does not require that all supporting papers and documents accompanying a petition be duplicate originals or certified true copies. Even under Rule 65, petitions are required to be accompanied only by duplicate originals or certified true copies of the questioned judgment, order or resolution. Other relevant documents and pleadings attached to it may be mere machine copies thereof. CERTIFIED TRUE COPY such other copy furnished to a party at his instance or in his behalf, by the authorized officers or representatives of the issuing entity. The certified true copy must comply with all the regulations therefore of the issuing entity and it is the authenticated original of such certified true copy, and not a mere xerox copy thereof, which shall be attached as an annex to the petition or other initiatory pleading. Section 4. Jurisdiction respondent, how acquired over person of
RULE 46 ORIGINAL CASES Section 1. Title of cases Section 2. To what actions this picture. are needed to see applicable This Rule shall apply to original actions for certiorari, prohibition, mandamus and quo warranto. Except as otherwise provided, the actions for annulment of judgment shall be governed by Rule 47, for certiorari, prohibition and mandamus by Rule 65, and for quo warranto by Rule 66.
Section 5. Action by the court o Dismiss the petition outright or require the respondent to file a comment o Only pleadings required by the court shall be allowed. All other pleadings and papers may be filed only with leave of court.
Page 93 of 289

Reason Aside from the fact that no summons or other coercive process is served on the respondent, his response to the petition will depend on the initial action of the court thereon. Under Section 5, the court may dismiss the petition outright, hence, no reaction is expected from the respondent and, under the policy adopted in this Rule, he is not deemed to have been brought within the courts jurisdiction until after service on him of the dismissal order or resolution. Should the petition appear to have complied with the requirements in the next preceding section and the court considers the issue raised worthy of judicial consideration, it will require only a comment initially and any other pleading filed by the parties without leave of court will not be allowed. Such unauthorized pleadings may either be noted without action or expunged from the record. Section 6. Determination of factual issues Section 7. Effect of failure to file comment The case may be decided on the basis of the record, without prejudice to any disciplinary action which the court may take against the disobedient party. The failure of the respondent to file the required comment does not result in a sanction similar to defaults in the trial courts since the appellate court may just decide the case on the basis of the record before it, specifically the petition and its attachments but sans the comment or any representation in behalf or the respondent. On the other hand, when the court believes, either in the interest of substantial justice, or that the case could be justly resolved only with revelatory data which may be obtained from the respondent, or that his counsel is not acting with due diligence or competence in protecting the respondents interest, it may require the submission of such comment under pain of sanctions for indirect contempt.
This Rule shall govern the annulment by the CA if judgments of the RTC for which the ordinary remedies of new trial, appeal, petition for relief or other appropriate remedies are no longer available through no fault of the petitioner. Islamic DaWah Council of the Phil v. CA, et a., G.R. No. 80892, Sept. 29, 1989 Annulment of a judgment is a remedy in law independent of the case where the judgment sought to be annulled was rendered. The judgment may be annulled on the ground of extrinsic or collateral fraud. A person who is not a party to the judgment may sue for its annulment provided he can prove that the same was obtained through fraud or collusion and that he would be adversely affected thereby. An action for annulment of judgment may be availed of even if the judgment to be annulled had already been fully executed or implemented. One important condition for the availment of this remedy is that the petitioner failed to move for new trial in, or appeal from, or file a petition for relief against, or take other appropriate remedies assailing the questioned judgment or final order or resolution through no fault attributable to him. If he failed to avail of those other remedies without sufficient justification, he cannot resort to the action for annulment provided in this Rule, otherwise, he would benefit from his own inaction or negligence. Section 2: Grounds for annulment o Extrinsic fraud and lack of jurisdiction o Extrinsic fraud shall not be a valid ground if it was availed of or could have been availed of, in an MNT or petition for relief. INTRINSIC FRAUD is found in the cause of action or the matter put in issue and presented for adjudication. NOTE: It is not a ground for annulment of judgment, even if the correctness of such judgment has been affected by the mistaken reliance on the fact constituting an intrinsic fraud, since the matter was brought to the attention of the court and the parties, and could have been the subject of their corresponding submissions, objections or evaluations. EXTRINSIC FRAUD OR COLLATERAL FRAUD is any fraudulent act of the prevailing party in the litigation which is committed outside of the trial of the case, whereby the defeated pasty has been
RULE 47 ANNULMENT OF JUDGMENTS OR FINAL ORDERS AND RESOLUTIONS Section 1. Coverage
Page 94 of 289

prevented from exhibiting fully and fairly presenting his side of the case. ELEMENTS: 1. committed by the prevailing party 2. collateral act depriving the losing party of his day in court 3. not discovered when judgment was made. Since this was not revealed to or was even deliberately suppressed from the opposing party and the court, relief under this rule is available subject to certain conditions. Extraneous evidence may be considered to determine the existence of collateral fraud. LACK OF JURISDICTION Refers to either lack of jurisdiction over the person of the defending party or over the subject-matter of the claim, since in either case the judgment or final order and resolution are void. Only evidence in the records of the case may be considered. Ancheta v. Ancheta, G.R. No. 145370, Mar. 4, 2004 A party must justify the failure to avail of the appropriate remedies, in order to avoid abuse of the remedy provided in Rule 47. However, a judgment or final order issued without jurisdiction is null and void and may be assailed anytime without complying with the pre-conditions in Rule 47. Section 3. Period for filing action Section 7. Effect of judgement
EXTRINSIC FRAUD 4 years from discovery LACK OF JURISDICTION Before it is barred by laches or estoppel
reasonable and proper period, which warrants the presumption that a party has waived his right. * For procedural purposes, the estoppel referred to here is actually estoppel by laches.
ESTOPPEL BY LACHES that failure to do something which should be done or to claim or enforce a right at a proper time or a neglect to do something which one should do or to seek or enforce a right at a proper time. Section 4. Filing and contents of petition The verified petition for annulment under this section must state with particularity the facts and law sustaining the ground therefore, and those supporting the petitioners good and substantial cause of action or defense. The first is the fundamental requirement, but the second is just as important in order to convince the court that something may indeed be achieved should the petition be given due course. This second requirement must further be supported by affidavits or documents showing, at least prima facie, the validity of petitioners claim. Section 5. Action by the court Should the court find no substantial merit in the petition, the same may be dismissed outright with specific reasons for such dismissal. Should prima facie merit be found in the petition, the same shall be given due course, and summons shall be served on the respondent Section 6. Procedure The procedure in ordinary civil cases shall be observed. Should the trial be necessary, the reception of the evidence may be referred to a member of the court or a judge of the RTC. * 2 stages: o A preliminary evaluation of the petition for prima facie merit therein and, o in the affirmative, the issuance of summons as in ordinary civil cases and such appropriate proceedings thereafter as contemplated in Se 6.
Period for filing action
Effect of judgment
the court may on set aside the motion order the questioned judgment or trial court to try final order or resolution QuickTime and a the TIFF (Uncompressed) decoand render the same case as if a mpressor needed see icture. timelyareMNT tohadthis pnull and void, without been granted prejudice to the original therein. action being refiled in the proper court.
LACHES such inexcusable delay in the assertion of rights or a failure to prosecute a claim, within a
Section 8. Suspension of prescriptive period

Page 95 of 289

The prescriptive period for refiling of the aforesaid original action shall be deemed suspended from the filing of such original action until the finality of the judgment of annulment. The prescriptive period shall not be suspended where the extrinsic fraud is attributable to the plaintiff in the original action. The resulting balance of the prescriptive period may be availed of by the aggrieved party for the refilling of the same action. Section 9. Relief available The judgment of annulment may include the award of damages, attorneys fees and other relief. If the questioned judgment or final order or resolution had already been executed, the court may issue such orders of restitution or other relief as justice and equity may warrant under the circumstances. Section 10. Annulment of judgments or final orders of Municipal Trial Courts o An action to annul a judgment or final order of a Municipal Trial Court shall be filed in the RTC having jurisdiction over the former. o It shall be treated as an ordinary civil action and Sections 2,3,4,7,8 and 9 of this Rule shall be applicable thereto. The RTC cannot dismiss outright the petition, unlike the CA, which may do so under Sec 5 of this Rule. falling within the original jurisdiction of the court, or those within its appellate jurisdiction where an MNT is granted on the ground of newly discovered evidence (d) To take up such other matters which may aid the court in the prompt disposition of the case. Section 2. Record of the conference Section 3. Binding effect of the results of the conference The new Rule has adopted most of the grounds for pre-trial in the trial courts and with virtually the same objective, that is, to explore and utilize all such appropriate means as may assist in the early disposition of the case. The minor difference is that in the CA, this procedural device may not only be availed of in original actions but also in cases on appeal wherein a new trial was granted on the ground of newly discovered evidence. While it may appear that the preliminary conference is initiated by a call for that purpose by the court, it is not prohibited or improper for either or both of the parties to suggest the same to the court on motion and for valid reasons.
RULE 49 ORAL ARGUMENT Section 1. When allowed Section 2. Conduct of oral argument
RULE 48 PRELIMINARY CONFERENCE Section 1. Preliminary conference At any time during the pendency of a case, the court may call the parties and their counsel to a preliminary conference: QuickTime and a
Section 3. No hearing or oral argument for motions Motions in the SC and the CA do not contain notices of hearing as no oral arguments will be heard in support thereof; and if the appellate court desires to hold a hearing thereon, it will itself set the date with notice to the parties.
(a) To consider the possibility of an amicable settlement, EXCEPT when the case is not allowed by the law to be compromised (b) To define, simplify and clarify the issues for determination (c) To formulate stipulations of facts and admissions of documentary exhibits, limit the number of witnesses to be presented in cases
RULE 50 DISMISSAL OF APPEAL Section 1. Grounds for dismissal of appeal
Page 96 of 289

(a) Failure of the record on appeal to show on its face that the appeal was taken within the period fixed by these Rules (b) Failure to file the notice of appeal or the record on appeal within the period prescribed by these Rules (c) Failure of the appellant to pay the docket and other lawful fees as provided in section 5 of Rule 40 and section 4 of Rule 41 (d) Unauthorized alterations, omissions or additions in the approved record on appeals provided in section 4 of Rule 44 (e) Failure of the appellant to serve and file the required number of copies of his brief or memorandum within the time provided by these Rules. (f) Absence of specific assignment of errors in the appellants brief, or of page references to the record as required in section 13, par (a),(c),(d) and (f) of Rule 44 (g) Failure of the appellant to take the necessary steps for the correction or completion of the record within the time limited by the court in its order (h) Failure of the appellant to appear at the preliminary conference under Rule 48 or to comply with orders, circulars, or directives of the court without justifiable cause (i) The fact that the order or judgment appealed from is not appealable. Other grounds for the dismissal of an appeal are: (j) By agreement of the parties, as where the case was amicably settled by them (k) Where the appealed case has become moot or academic (l) Where the appeal is frivolous or dilatory NOTE: With the exception of Sec. 1(b), the foregoing grounds for the dismissal of an appeal are directory and not mandatory, and it is not the ministerial duty of the court to dismiss the appeal. Section 2. Dismissal of improper appeal to the Court of Appeals An appeal under Rule QuickTime and afrom the RTC to the 41 taken TIFF (Uncompressed) decompressor CA raising only questionssee thislaw shall be dismissed, are needed to of picture. issued purely of law not being reviewable by said court. Similarly, an appeal by notice of appeal instead of by petition for review from the appellate judgment of an RTC shall be dismissed. An appeal erroneously taken to the CA shall not be transferred to the appropriate court but shall be dismissed outright. CA may dismiss the appeal outright even without motion. The remedy if dismissed for improper appeal is to re-file it in the proper forum within the prescribed period. Heirs of Ramon Pizarro, Sr. vs. Consolacion, et al., G.R. No. 51278, May 8, 1988 It is within the competence of the trial court to determine whether the appeal interposed is based on pure questions of law or mixed questions of law and fact, for the purpose of deciding the correctness of the procedural mode of appeal adopted by the appellant, the court to which the appeal is to be taken and, consequently, whether to give due course thereto. Rule 50, Sec 2 applies only when the appeal is already brought to the CA at which time it will determine whether the appeal was brought to the correct appellate court. Section 3. Withdrawal of appeal o As a matter of right at any time before the filing of the appellees brief. o Thereafter in the discretion of the court.
RULE 51 JUDGMENT Section 1. When case deemed submitted for judgment A. In ordinary appeals 1) Where no hearing on the merits of the main case is held, upon the filing of the last pleading, brief, or memorandum required by the Rules or by the court itself, or the expiration of the period for its filing B. In original actions and petitions for review 1) When no comment is filed, upon the expiration of the period to comment 2) Where no hearing is held, upon the filing of the last pleading required or permitted to be filed by the court, or the expiration of the period for its filing. 3) Where a hearing on the merits of the main case is held, upon the filing of the
Page 97 of 289
2) When such a hearing is held, upon its termination or upon the filing of

the last pleading or memorandum as may be required or permitted to be filed by the court, or the expiration of the period for its filing. last pleading or memorandum as may be required or permitted to be filed by the court, or the expiration of the period for its filing The judgment shall be rendered by the members of the court who participated in the deliberation on the merits of the case before its assignment to a member for the writing of the decision. Section 3. Quorum and voting in the court o For deliberation: participation of all 3 justices of a division o For pronouncement of a judgment or final resolution: unanimous vote of all 3 o If the 3 judges do not reach a unanimous vote: 1. clerk shall enter the votes of the dissenting Justices in the record. 2. the Chairman of the division shall refer the case, together with the minutes of the deliberation, to the Presiding Justice 3. The Presiding Justice shall designate 2 other Justices chosen by raffle, forming a special division of 5 Justices. For deliberation: participation of all 5 justices of a special division For pronouncement of judgment or final resolution: concurrence of a majority of such special division
The determination of the date of submission of the case is made doubly important by the fact that under the Constitution such date is the reckoning point for the periods for deciding or resolving the case or matter, and which periods are now mandatory in nature. Ramos vs. IAC, et al., G.R. No. 72686, Mar. 8, 1989 When an appellate court has once declared the law in the case, such declaration continues to be the law of that case even on subsequent appeal. The rule made by an appellate court, while it may be reversed in other cases, cannot be departed from in subsequent proceedings in the same case. The rule is necessary as a matter of policy in order to end litigation; otherwise, it would be impossible for an appellate court to perform its duties efficiently if a question, already considered and decided by it, were to be litigated anew in the same case upon any and every subsequent appeal. Jarantilla v. CA, et al., G.R. No. 80194, Mar. 21, 1989 The LAW OF THE CASE has been defined as the opinion delivered on a former appeal. It means that whatever is once irrevocably established, as the controlling legal rule or decision between the same parties in the same case, continues to be the law of the case, whether correct on general principles or not, so long as the facts on which such decision between the same parties in the same case, continues to be the law of the case, whether correct on general principles or not, so long as the facts on which such decision was predicated continue to be the facts before the court. Under such circumstances, no question necessarily involved and decided on that appeal will be considered on a second appeal or writ of error in QuickTime and a the same case. TIFF (Uncompressed) decompressor are The rule on the needed ofsee this picture. does not apply to law to the case resolutions rendered in connection with the case but wherein no rationale has been expounded on the merits of that action. Section 2. By whom rendered
Lao v. To-Chip, et al., G.R. No. 76594, Feb. 26, 1988 To be binding, a judgment must be duly signed and promulgated during the incumbency of the judge who signed it. Where the decision was promulgated after two of the three justices necessary to constitute a quorum in a division had lost their authority to act as justices by reason of the presidential acceptance of their resignations of which they were informed before such promulgation, said decision is null and void. Section 4. Disposition of a case Section 5. Form of decision It will be noted that the requirement for the statement of the facts and the law refers to a decision or, for that matter, a final resolution. The same does not apply to minute resolution since these usually dispose of the case not on its merits but on procedural or technical considerations, although the court may, if it deems it necessary, briefly discuss the matter on the merits in an extended resolution. With respect to petitions for review (and this is broad enough to apply to the ordinary petition for review, petition for review on certiorari, or petition for certiorari) and motions for reconsideration, the
Page 98 of 289

Constitution merely requires a statement of the legal basis for the denial thereof or refusal of due course thereto. Again, the court may opt, but it is not required, to issue an extended resolution thereon. MEMORANDUM DECISION - one rendered by an appellate court which incorporates by reference the findings of fact and conclusions of law contained in the decision of the lower court. Section 6. Harmless errors The court at every stage of the proceedings must disregard any error or defect which does not affect the substantial rights of the parties. HARMLESS ERROR- error either in admitting or excluding evidence or a defect in the ruling, or error which does not affect the substantial rights of the parties Section 7. Judgment where there are several parties Section 8. Questions that may be decided Only errors claimed and assigned by a party will be considered by the court, except errors affecting its jurisdiction over the subject matter. To this exception has now been added errors affecting the validity of the judgment appealed from or the proceedings therein. Even if the error complained of by a party is not expressly stated in his assignment of errors but the same is closely related to or dependent on an assigned error and properly argued in his brief such error may now be considered by the court. Section 9. Promulgation and notice of judgment Section 10. Entry of judgment and final resolutions In justifiable situations or by agreement in the division, the filing of dissenting or separate opinions may be reserved or the majority opinion may be promulgated without prejudice to the subsequent issuance of a more extended opinion, provided the requisite votes QuickTime and a TIFF (Uncompressed) decompressor for promulgation of judgmentthis picture. been obtained and are needed to see have recorded. The date of entry is important in appellate courts for the purposes of execution of judgment. Section 11. Execution of judgment The execution of a judgment or final execution may be applied for only after its entry, EXCEPT where the same is ordered immediately executory. The motion for execution may be filed only in the proper court, and the general rule is that the writ therefore may be sought in and issued by the court from which the action originated, that is, the court of origin or a quo. In cases pending on appeal in the CA, a motion for discretionary execution of the judgment of the trial court may be filed in the CA provided it is in possession of the original record or record on appeal. o If it grants the motion, it will not issue a writ of execution but shall order the resolution granting the motion therefore. o A copy of such resolution and a certified true copy of the judgment or final order to be executed shall forthwith be transmitted to said trial court. Where the appealed case has finally resolved and the judgment has become executory, the situation is governed by the amended and amplified provisions of Rule 29, Sec 1.
RULE 52 MOTION FOR RECONSIDERATION Section 1. Period of filing 15 days from notice thereof, with proof of service on the adverse party. Section 2. Second motion for reconsideration No MR of a judgment or final resolution by the same party shall be entertained. Section 3. Resolution of motion In the CA, an MR shall be resolved within 90 days from the date when the court declares it submitted for resolution. NOTE: This time limit applies only to MRs in the CA. It does not apply to MRs in the SC, pursuant to the exception in Sec 2(b), Rule 56 Section 4. Stay of execution
Page 99 of 289

The pendency of an MR filed on time and by the proper party shall stay the execution of the judgment or final resolution sought to be reconsidered UNLESS the court, for good reasons, shall otherwise direct * If the party seasonably files an MR in the CA, the period to appeal is set aside and he shall have another 15 days from receipt of the resolution of said court denying such motion within which to appeal by certiorari. If he files an MNT, the same procedure shall apply in the event of its denial. In both instances, the rule on the effects of pro forma motions shall be observed. If the party decides to proceed directly with an appeal by certiorari, he should comply with all the requirements of Rule 45 and file his petition, sufficient in form and substance within the 15 day period. The party whose MR or MNT was denied and who desires to appeal to the SC may also move for such extended period upon the same terms, preparatory to and for purposes of the filing of his petition.
RULE 53 NEW TRIAL Section 1. Period for filing; ground Period: at any time after the appeal from the lower court has been perfected and before the CA loses jurisdiction over the case, Ground: newly discovered evidence The motion shall be accompanied by affidavits showing the facts constituting the grounds therefore and the newly discovered evidence REQUISITES FOR NEWLY DISCOVERED EVIDENCE: 1. must be of such nature that it would not have been discovered prior to the trial even with the exercise of due diligence 2. if admitted, would probably change the result of the case. Difference between MR and MNT An MR must be filed only after entry of judgment, while an MNT may be filed even before the judgment at any time after the appeal has been perfected. Rules 52 and 53 regarding MRs and MNTs, in relation to Rule 45 on appeals by certiorari from the CA to the SC may be recapitulated as follows: * An MR may be filed within 15 days from notice of the judgment or final resolution of the CA * An MNT may be filed at any time after perfection of the appeal from the RTC and up to but within 15 days from service of a copy of the judgment or final resolution of the CA. * A PETITION FOR REVIEW ON CERTIORARI to the SC may also be filed within such 15 day period from notice of the QuickTime and a or final resolution of judgment TIFF (Uncompressed) decompressor the CA, unless the see this picture. are needed to party files either of the aforementioned two motions. * Accordingly, within that reglementary period, the aggrieved party may file a motion for reconsideration; or a motion for new trial, if proper; or a petition for review on certiorari to the SC. The said 2 motions shall be filed in the CA, and the petition with the SC, with copies served on the adverse party in all instances.
Section 2. Hearing and orders Section 3. Resolution of motion Within 90 days from the date when the court declares it submitted for resolution. Section 4. Procedure in new trial In the trial courts, a second MNT may be filed where the ground therefore did not exist at the time the first motion for new trial was filed. This would not be possible in the CA where the only ground for an MNT is newly discovered evidence.
RULE 54 INTERNAL BUSINESS Section 1. Distribution of cases among divisions Section 2. Quorum of the court
RULE 55 PUBLICATION OF JUDGMENTS AND FINAL RESOLUTIONS Section 1. Publication CA 638, Sec. 1 provides for the publication in the OG of only such decisions of the SC and the CA as may be deemed by said courts of sufficient importance to be so published. Section 2. Preparation of opinions for publication
Page 100 of 289

SYLLABUS an abstract, a headnote, or a note prefixed to the report of an adjudged case, containing an epitome or brief statement of the rulings of the court upon the points decided in the case. Section 3. General make-up of volumes The published decisions and final resolutions of the SC shall be called Philippine Reports while those of the CA shall be known as the Court of Appeals Reports. CA can entertain and grant a motion for new trial on the ground of newly discovered evidence, this is justified by the fact that it can resolve factual questions and for that matter, can conduct hearings for that purpose. The SC on the other hand, cannot entertain such motions as only questions of fact are involved therein and it is not a trier of facts. Besides, the findings of fact of the CA are generally binding on the SC. B. APPEALED CASES Section 3. Mode of appeal PROCEDURE IN THE SUPREME COURT RULE 56 A. ORIGINAL CASES Section 1. Original cases cognizable 1. certiorari, prohibition, mandamus, quo warranto, habeas corpus, 2. disciplinary proceedings against members of the judiciary and attorneys, and 3. cases affecting ambassadors, other public ministers and consuls Section 2. Rules applicable In original cases for certiorari, prohibition, mandamus, quo warranto, habeas corpus: applicable provisions of the Constitution, laws, and Rules 46, 48, 49, 51, 52 and this Rule, subject to the following provisions: (a) All references in said Rules to the CA shall be understood to also apply to the SC. (b) The portions of said Rules dealing strictly with and specifically intended for appealed cases in the CA shall not be applicable (c) 18 clearly legible copies of the petition shall be filed, together with proof of service on all adverse parties. Disciplinary action QuickTime and a members of the against TIFF (Uncompressed) decompressor judiciary shall be governed by the laws and rules are needed to see this picture. prescribed therefore Disciplinary action against attorneys: Rule 139-B as amended. It will be noted that Rule 53 on MNTs is NOT applicable to and cannot be availed of in the SC in civil cases therein. The apparent reason is that while the Appeals to the SC in civil cases may be made only by petition for review on certiorari from the CA (Rule 45) and from the RTC(Rule 45 in relation to RA 296, Sec 17). Even in criminal cases, appeal to the SC shall be by petition for review on certiorari, except where the penalty imposed by the lower court is death, reclusion perpetua or life imprisonment. o o The death penalty shall be subject to automatic review In the case of reclusion perpetua or life imprisonment, they may be elevated by ordinary appeal. EXCEPTIONS: in criminal cases where the penalty imposed is death, reclusion perpetua or life imprisonment. GENERAL RULE: only by petition for review on certiorari
Section 4. Procedure The appeal shall be governed by and disposed of in accordance with the applicable provisions of the Constitution, laws, Rules 45, 48, sections 1, 2, and 5 to 11 of Rules 51, 52 and this Rule. Section 5. Grounds for dismissal of appeal (a) Failure to take the appeal within the reglementary period (b) Lack of merit in the petition (c) Failure to pay the requisite docket fee and other lawful fees or to make a deposit for costs (d) Failure to comply with the requirements requiring proof of service and contents of and the documents which should accompany the petition
Page 101 of 289

(e) Failure to comply with any circular, directive or order of the SC without justifiable cause (f) Error in the choice or mode of appeal (g) The fact that the case is not appealable to the SC. The grounds for dismissal of appeals in the SC may vary in a number of respects from those in the CA (Rule 50) since the appeal in civil cases to both courts differ in the mode and requirements for perfecting the appeal, as well as the pleadings and proceedings required thereafter. Section 6. Disposition of improper appeal Except as provided in section 3, Rule 122 regarding appeals in criminal cases where the penalty imposed is death, reclusion perpetua or life imprisonment, an appeal taken to the SC by notice of appeal shall be dismissed. An appeal by certiorari taken to the SC from the RTC submitting issues of fact may be referred to the CA for decision or appropriate action. The determination of the SC on whether or not issues of fact are involved shall be final. IMPROPER APPEAL- the choice or mode of appeal is correct but the appellant raises issues which the court cannot resolve. Example: where petition for review on certiorari but factual issues are invoked for resolution. in appealed cases, the judgment or order appealed from shall stand affirmed; and on all incidental matters, the petition or motion shall be denied.
* In this instance, the case may be referred to the

CA, although the SC may also dismiss the appeal. ERRONEOUS APPEAL- error in the choice or mode of appeal. Example: where appeal taken to the SC by notice of appeal except that provided in Sec 3, Rule 122.
* In this instance, the appeal shall be dismissed

outright. Section 7. Procedure if opinion is equally QuickTime and a divided
Where the court en banc is equally divided in opinion, or the necessary majority cannot be had: the case shall again be deliberated on. If after such deliberation no decision is reached, the original action commenced in the court shall be dismissed;
Page 102 of 289

ATENEO CENTRAL BAR OPERATIONS 2007 Remedial Law SUMMER REVIEWER

Загружено:

Сведения о документе

Исходное описание:

Оригинальное название

Авторское право

Доступные форматы

Поделиться этим документом

Поделиться или встроить документ

Параметры публикации

Этот документ был вам полезен?

Это неприемлемый материал?

Авторское право:

Доступные форматы

ATENEO CENTRAL BAR OPERATIONS 2007 Remedial Law SUMMER REVIEWER

Загружено:

Авторское право:

Доступные форматы

ATENEO CENTRAL BAR OPERATIONS 2007 Remedial Law SUMMER REVIEWER

referred to as the appellant and the adverse party, the appellee.

Mode of Appeal: by Notice of Appeal

Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

Questions of fact, of law, or mixed questions of fact and law

Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

When the appeal is deemed perfected

Effect of perfection of appeal

Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

RULE 47 ANNULMENT OF JUDGMENTS OR FINAL ORDERS AND RESOLUTIONS Section 1. Coverage

Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

Period for filing action

Section 8. Suspension of prescriptive period

Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

RULE 50 DISMISSAL OF APPEAL Section 1. Grounds for dismissal of appeal

Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

* In this instance, the case may be referred to the

* In this instance, the appeal shall be dismissed

Page 102 of 289

Вам также может понравиться