REMEDIES TITLE GROUNDS
NEW TRIAL OR "For New Trial PERIOD OF FILING
RECONSIDERATION
The aggrieved party may move the trial
court to set aside the judgment or final
order and grant a new trial for one or
more of the following causes materially
affecting the substantial rights of said
party:"
(a) Fraud, accident, mistake or excusable
negligence which ordinary prudence
could not have guarded against and by
reason of which such aggrieved party has
probably been impaired in his rights; or
RULE 37 (b) Newly discovered evidence, which he
could not, with reasonable diligence, have
discovered and produced at the trial, and
which if presented would probably alter
the result.
For Reconsideration
The aggrieved party may also move for
reconsideration upon the grounds that
the
1.damages awarded are excessive
2. that the evidence is insufficient to
justify the decision or final order
3. that the decision or final order is
contrary to law. (1a)
RELIEF FROM An appeal from a judgment or final order
JUDGMENTS, of a Municipal Trial Court
ORDERS, OR
OTHER
RULE 38 PROCEEDINGS
PERIODS
"New trial: the original judgment or final order
Within the period for taking an
appeal
NO TOLLING OF PERIOD
A pro forma motion for new trial
or reconsideration shall not toll
the reglementary period of
appeal. (2a)
PERIOD FOR RESOLUTION
A motion for new trial or
reconsideration shall be resolved
within thirty (30) days from the
time it is submitted for resolution.
Within 60 days after petitioner
learns of the judgment, final
order, or other proceeding to be
set aside and not more than 6
months after such judgment or
final order was entered
Available AFTER judgment has
become final and executory.
EFFECT OF GRANT EFFECT OF DENIAL WHERE TO FILE
An order denying a motion for new To the court
shall be vacated but evidence shall be used. trial or reconsideration is not that issued the
The case stands for trial de novo and will be appealed, the remedy being an appeal judgment or
tried anew. from the judgment or final order. where the final
order is entered
Reconsideration:
If the court finds that excessive damages have
been awarded or the final order is contrary to The order denying a petition for relief
the evidence or law, it may amend such is NOT appealable; the remedy is
judgment or final order accordingly. appropriate civil actions under Rule 65
" Where the denial of an appeal is set
The case stands for trial de novo and will be aside, the lower court shall be
tried anew. required to give due course to the
appeal and to elevate the record of
Reconsideration: the appealed case as if a timely and
If the court finds that excessive damages have proper appeal had been made.
been awarded or the final order is contrary to
the evidence or law, it may amend such
judgment or final order accordingly.
The case stands for trial de novo and will be
tried anew.
Reconsideration:
If the court finds that excessive damages have
been awarded or the final order is contrary to
the evidence or law, it may amend such
judgment or final order accordingly.
There may be a grant of preliminary
injunction. Thereafter the case shall stand as if
such judgment, final order or other
proceeding had never been rendered, issued
or taken. The court shall then proceed to hear
and determine the case as if a timely motion
for a new trial or reconsideration had been
granted by it.
 APPEAL FROM An appeal from a judgment or final order
MTC TO RTC of a Municipal Trial Court
Lack of jurisdiction of the Municipal Trial
Court that rendered the judgment or
issued the order.
RULE 40
APPEAL FROM RTC 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:
(a) An order denying a motion for new
trial or reconsideration;
(b) An order denying a petition for relief
RULE 41
or any similar motion seeking relief from
judgment;
(c) An interlocutory order;
(d) An order disallowing or dismissing an
appeal;
(e) An order denying a motion to set aside
a judgment by consent, confession or
compromise on the ground of fraud,
mistake or duress, or any other ground
WHEN TO APPEAL:
An appeal may be taken within
fifteen (15) days after notice to
the appellant of the 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 thirty (30) days after notice
of the judgment or final order.
INTERRUPTED BY MOTION FOR
NEW TRIAL AND MR
The period of appeal shall be
interrupted by a timely motion for
new trial or reconsideration.
NO EXTENSION
No motion for extension of time
to file a motion for new trial or
reconsideration shall be allowed.
PERIOD OF FILING
The appeal shall be taken within
fifteen (15) days from notice of
the 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 thirty (30) days from notice
of the judgment or final order.
WHEN PERIOD IS INTERRUPTED
The period of appeal shall be
interrupted by a timely motion for
new trial or reconsideration.
NO EXTENSION OF TIME
No motion for extension of time
to file a motion for new trial or
reconsideration shall be allowed.
(n)
A party's appeal by notice of appeal is deemed
perfected as to him upon the filing of the
notice of appeal in due time.
A party's appeal by record on appeal is
deemed perfected as to him with respect to
the subject matter thereof upon the approval
of the record on appeal filed in due time.
In appeals by notice 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 of the other
parties.
In appeals by record on appeal, the court
loses jurisdiction only over the subject matter
thereof upon the approval of the records on
appeal filed in due time and the expiration of
the appeal of the other parties.
The Rule on Summary Procedure no longer
applies when the case is on appeal
The trial court may approve it as presented or
upon its own motion or at the instance of the
appellee, my 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 an appeal is taken from an order of RTC exercising
the lower court dismissing the case jurisdiction to
without trial on merits, the RTC may where the MTC
affirm or reverse it. In case of pertains
affirmance and the ground of
dismissal is lack of jurisdiction over the
subject matter, the RTC, if it has
jurisdiction thereover, 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.
Appeal to the RTC
Prior to the transmittal of the original Court of Appeals
record or the record on appeal to the
appellate court, the trial court may,
motu proprio or on motion, dismiss
the appeal for having been taken out
of time or for non payment of the
docket and other lawful fees within
the reglementary period.
May appeal to the CA
 vitiating consent;

(f) An order of execution;

(g) A judgment or final order for or

against one or more of several parties or
in separate claims, counterclaims, cross-
claims and third-party complaints, while
the main case is pending, unless the court
allows an appeal therefrom; and

(h) An order dismissing an action without

prejudice.

In all the above instances where the

judgment or final order is not appealable,
the aggrieved party may file an
appropriate special civil action under Rule
65. (n)
PETITION FOR An appeal from a decision of the Regional
REVIEW FROM RTC Trial Court rendered in the exercise of its
TO CA appellate jurisdiction
errors of fact or law, or both
WHEN TO FILE
The petition shall be filed and
served within fifteen (15) days
from notice of the decision
sought to be reviewed or of the
denial of petitioner's motion for
new trial or reconsideration filed
in due time after judgment.
If the petition is given due course, the Court of The Regional Trial Court loses Case is decided
Appeals may set the case for oral argument or jurisdiction over the case upon the by the RTC in
require the parties to submit memoranda perfection of the appeals filed in due the exercise of
within a period of fifteen (15) days from time and the expiration of the time to its appellate
notice. The case shall be deemed submitted appeal of the other parties. jurisdiction.
for decision upon the filing of the last pleading
or memorandum required by these Rules or Appeal to the CA Petition for
by the court itself. (n) review with the
CA

GRANT OF ADDITIONAL PERIOD

The Court of Appeals may grant

an additional period of fifteen
RULE 42
(15) days only within which to file
the petition for review

EXTENSION OF PERIOD ONLY FOR

COMPELLING REASON

No further extension shall be

granted except for the most
compelling reason and in no case
to exceed fifteen (15) days. (n)

PERIOD OF FILING A COMMENT

The Court of Appeals may require


APPEALS FROM Applies to appeals from judgments or
QUASI JUDICIAL final orders of the Court of Tax Appeals
ETC and from awards, judgments, final orders
or resolutions of or authorized by any
quasi-judicial agency in the exercise of its
quasi-judicial functions. Among these
agencies are the Civil Service Commission,
Central Board of Assessment Appeals,
Securities and Exchange Commission,
Office of the President, Land Registration
Authority, Social Security Commission,
Civil Aeronautics Board, Bureau of
Patents, Trademarks and Technology
Transfer, National Electrification
Administration, Energy Regulatory Board,
National Telecommunications
RULE 43 Commission, Department of Agrarian
Reform under Republic Act No. 6657,
Government Service Insurance System,
Employees Compensation Commission,
Agricultural Invention Board, Insurance
Commission, Philippine Atomic Energy
Commission, Board of Investments,
Construction Industry Arbitration
Commission, and voluntary arbitrators
authorized by law.
This Rule shall not apply to judgments or
final orders issued under the Labor Code
of the Philippines.
Involves questions of fact, of law, or
mixed questions of fact and law.
APPEAL BY A party desiring to appeal
CERTIORARI TO by certiorari from a judgment or final
RULE 45
THE SC order or resolution of the Court of
Appeals, the Sandiganbayan, the Regional
the respondent to file a comment
on the petition, not a motion to
dismiss, within ten (10) days from
notice, or dismiss the petition if it
finds the same to be patently
without merit, prosecuted
manifestly for delay, or that the
questions raised therein are too
insubstantial to require
consideration
WHEN TO APPEAL Appeal shall not stay the award, judgment, May appeal to the SC under Rule 65 CA
final order or resolution sought to be
Within fifteen (15) days from reviewed unless the Court of Appeals shall
notice of the award, judgment, direct otherwise upon such terms as it may
final order or resolution, or from deem just.
the date of its last publication, if
publication is required by law for CA shall set the case for oral argument or
its effectivity, or of the denial of require the parties to submit memoranda
petitioner's motion for new trial within a period of fifteen (15) days from
or reconsideration duly filed in notice
accordance with the governing
law of the court or agency a quo.
Only one (1) motion for
reconsideration shall be allowed.
the Court of Appeals may grant
an additional period of fifteen
(15) days only within which to file
the petition for review
FILING OF COMMENT
The Court of Appeals may require
the respondent to file a comment
on the petition not a motion to
dismiss, within ten (10) days from
notice, or dismiss the petition if it
finds the same to be patently
without merit, prosecuted
manifestly for delay, or that the
questions raised therein are too
unsubstantial to require
consideration. (6a)
The petition shall be filed within Supreme Court may require the elevation of Appellant may file for Motion for Case is decided
fifteen (15) days from notice of the complete record of the case or specified Reconsideration under Rule 65 to the by the RTC, CA,
the judgment or final order or parts thereof within fifteen (15) days from SC. CTA, and
resolution appealed from, or of notice. Sandiganbayan
 Trial Court or other courts whenever
authorized by law
Questions of law
ANNULMENT OF This Rule shall govern the annulment by
JUDGMENTS AND the Court of Appeals of judgments or final
FINAL ORDERS OR orders and resolutions in civil actions of
RESOLUTION Regional Trial Courts 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.
The annulment may be based only on the
grounds of extrinsic fraud and lack of
RULE 47
jurisdiction.
NEW TRIAL A party may file a motion for a new trial
on the ground of newly discovered
evidence which could not have been
discovered prior to the trial in the court
below by the exercise of due diligence
RULE 53 and which is of such a character as would
probably change the result.
REVIEW OF Review of judgments and final orders or
JUDGMENTS AND resolutions of the Commission on
RULE 64 FINAL ORDERS OF Elections and the Commission on Audit.
COMELEC AND
COA Questions of law
the denial of the petitioner's
motion for new trial or
reconsideration filed in due time
after notice of the judgment
Supreme Court may for justifiable
reasons grant an extension of
thirty (30) days only within which
to file the petition.
WHEN TO FILE
If based on EXTRINSIC FRAUD,
within 4 years from its discovery.
If based on LACK OF
JURISDICTION, it shall be brought
before it is barred by laches or
estoppel.
SUSPENSION OD PERIOD
The prescriptive period for the
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.
However, the prescriptive period
shall not be suspended where the
extrinsic-fraud is attributable to
the plaintiff in the original action.
At any time after the appeal from
the lower court has been
perfected and before the Court of
Appeals loses jurisdiction over the
case
In the Court of Appeals, a motion
for new trial shall be resolved
within ninety (90) days from the
date when the court declares it
submitted for resolution
WHEN TO FILE
The petition shall be filed within
thirty (30) days from notice of the
judgment or final order or
Appealed to the
SC in the
exercise of its
appellate
jurisdiction and
power of review
Based on lack of jurisdiction: set aside the Appellant may file for Motion for Governs the
questioned judgment rendering the same null Reconsideration under Rule 65 annulment by
and void. the CA of
judgments in
Based on extrinsic fraud: try the case as if a civil actions of
motion for new trial was granted. RTC. Shall
likewise be
applicable to
final orders or
judgments of
MTC by the RTC.
The Court of Appeals shall consider the new Appellant may file for Motion for COURT OF
evidence together with that adduced at the Reconsideration under Rule 65 APPEALS
trial below, and may grant or refuse a new
trial, or may make such order, with notice to
both parties, as to the taking of further
testimony, either orally in court, or by
depositions, or render such other judgment as
ought to be rendered upon such terms as it
may deem just.
The filing of a petition for certiorari shall not If the motion is denied, the aggrieved The petition
stay the execution of the judgment or final party may file the petition within the shall be filed
order or resolution sought to be reviewed, remaining period, but which shall not with the
unless the Supreme Court shall direct be less than five (5) days in any event, Supreme Court
otherwise upon such terms as it may deem reckoned from notice of denial. in the exercise
 resolution sought to be reviewed just. of its appellate
jurisdiction and
PERIOD TO FILE A COMMENT power of
review.
If the Supreme Court finds the
petition sufficient in form and
substance, it shall order the
respondents to file their
comments on the petition within
ten (10) days from notice thereof.
CERTIORARI, CERTIORARI: When any tribunal, board or WHEN TO FILE SC may issue orders expediting the Appellant may file for Motion for The petition
MANDAMUS, officer exercising judicial or quasi-judicial proceedings, and it may also grant a Reconsideration under Rule 65 shall be filed in
PROHIBITION functions has acted without or in excess The petition shall be filed not temporary restraining order or a writ of the Supreme
its or his jurisdiction, or with grave abuse later than sixty (60) days from preliminary injunction for the preservation of Court or, if it
of discretion amounting to lack or excess notice of the judgment, order or the rights of the parties pending such relates to the
of jurisdiction, and there is no appeal, or resolution. In case a motion for proceedings acts or
any plain, speedy, and adequate remedy reconsideration or new trial is omissions of a
in the ordinary course of law, a person timely filed, whether such motion lower court or
aggrieved thereby may file a verified is required or not, the sixty (60) of a corporation,
petition in the proper court, alleging the day period shall be counted from board, officer or
facts with certainty and praying that notice of the denial of said person, in the
judgment be rendered annulling or motion. Regional Trial
modifying the proceedings of such Court exercising
tribunal, board or officer, and granting PERIOD OF EXTENSION jurisdiction over
such incidental reliefs as law and justice the territorial
may require. No extension shall be granted area as defined
except for compelling reasons by the Supreme
MANDAMUS: When any tribunal, Court. It may
RULE 65 corporation, board, officer or person PERIOD TO FILE A COMMENT also be filed in
unlawfully neglects the performance of the Court of
an act which the law specifically enjoins If the petition is sufficient in form Appeals
as a duty resulting from an office, trust, or and substance to justify such whether or not
station, or unlawfully excludes another process, the court shall issue an the same is in
from the use and enjoyment of a right or order requiring the respondent or aid of its
office to which such other is entitled, and respondents to comment on the appellate
there is no other plain, speedy and petition within ten (10) days from jurisdiction, or in
adequate remedy in the ordinary course receipt of a copy thereof. Such the
of law, the person aggrieved thereby may order shall be served on the Sandiganbayan
file a verified petition in the proper court, respondents in such manner as if it is in aid of its
alleging the facts with certainty and the court may direct together appellate
praying that judgment be rendered with a copy of the petition and jurisdiction. If it
commanding the respondent, any annexes thereto. involves the acts
immediately or at some other time to be or omissions of
specified by the court, to do the act In petitions for certiorari before a quasi-judicial
required to be done to protect the rights the Supreme Court and the Court agency, unless
of the petitioner, and to pay the damages of Appeals, the provisions of otherwise
sustained by the petitioner by reason of section 2, Rule 56, shall be provided by law
 the wrongful acts of the respondent. observed. Before giving due or these Rules,
course thereto, the court may the petition shall
PROHIBITION: When the proceedings of require the respondents to file be filed in and
any tribunal, corporation, board, officer their comment to, and not a cognizable only
or person, whether exercising judicial, motion to dismiss, the petition. by the Court of
quasi-judicial or ministerial functions, are Thereafter, the court may require Appeals.
without or in excess of its or his the filing of a reply and such other
jurisdiction, or with grave abuse of responsive or other pleadings as it
discretion amounting to lack or excess of may deem necessary and proper.
jurisdiction, and there is no appeal or any
other plain, speedy, and adequate
remedy in the ordinary course of law, a
person aggrieved thereby may file a
verified petition in the proper court,
alleging the facts with certainty and
praying that judgment be rendered
commanding the respondent to desist
from further proceedings in the action or
matter specified therein, or otherwise
granting such incidental reliefs as law and
justice may require.

Question of law
QUO WARRANTO An action for the usurpation of a public
office, position or franchise may be
commenced by a verified petition
brought in the name of the Republic of
the Philippines against:
(a) A person who usurps, intrudes into, or
unlawfully holds or exercises a public
office, position or franchise;
(b) A public officer who does or suffers an
act which, by the provision of law,
RULE 66
constitutes a ground for the forfeiture of
his office; or
(c) An association which acts as a
corporation within the Philippines
without being legally incorporated or
without lawful authority so to act.
Nothing contained in this Rule
shall be construed to authorize an
action against a public officer or
employee for his ouster from
office unless the same be
commenced within one (1) year
after the cause of such ouster, or
the right of the petitioner to hold
such office or position, arose, nor
to authorize an action for
damages in accordance with the
provisions of the next preceding
section unless the same be
commenced within one (1) year
after the entry of the judgment
establishing the petitioner's right
to the office in question
When the respondent is found guilty of Appellant may file for Motion for An action under
usurping into, intruding into, or unlawfully Reconsideration under Rule 65 the preceding
holding or exercising a public office, position six sections can
or franchise, judgment shall be rendered that be brought only
such respondent be ousted and altogether in the Supreme
excluded therefrom, and that the petitioner or Court, the Court
relator, as the case may be, recover his costs. of Appeals, or in
Such further judgment may be rendered the Regional
determining the respective rights in and to the Trial Court
public office, position or franchise of all the exercising
parties to the action as justice requires. jurisdiction over
the territorial
If judgment be rendered in favor of the area where the
person averred in the complaint to be entitled respondent or
to the public office he may, after taking the any of the
oath of office and executing any official bond respondents
required by law, take upon himself the resides, but
execution of the office, and may immediately when the
thereafter demand of the respondent all the Solicitor General
books and papers in the respondent's custody commences the
or control appertaining to the office to which action, it may be
the judgment relates. If the respondent brought in a
refuses or neglects to deliver any book or Regional Trial
paper pursuant to such demand, he may be Court in the City
punished for contempt as having disobeyed a of Manila, in the
lawful order of the court. The person Court of
adjudged entitled to the office may also bring Appeals, or in
action against the respondent to recover the the Supreme
damages sustained by such person by reason Court.
of the usurpation.