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NEW TRIAL OR "For New Trial PERIOD OF FILING "New trial: the original judgment or final order An order denying a motion for new To the court
RECONSIDERATION Within the period for taking an shall be vacated but evidence shall be used. trial or reconsideration is not that issued the
The aggrieved party may move the trial appeal The case stands for trial de novo and will be appealed, the remedy being an appeal judgment or
court to set aside the judgment or final tried anew. from the judgment or final order. where the final
order and grant a new trial for one or NO TOLLING OF PERIOD order is entered
more of the following causes materially A pro forma motion for new trial Reconsideration:
affecting the substantial rights of said or reconsideration shall not toll If the court finds that excessive damages have
party:" the reglementary period of been awarded or the final order is contrary to The order denying a petition for relief
appeal. (2a) the evidence or law, it may amend such is NOT appealable; the remedy is
(a) Fraud, accident, mistake or excusable PERIOD FOR RESOLUTION judgment or final order accordingly. appropriate civil actions under Rule 65
negligence which ordinary prudence A motion for new trial or " Where the denial of an appeal is set
could not have guarded against and by reconsideration shall be resolved The case stands for trial de novo and will be aside, the lower court shall be
reason of which such aggrieved party has within thirty (30) days from the tried anew. required to give due course to the
probably been impaired in his rights; or time it is submitted for resolution. appeal and to elevate the record of
RULE 37 (b) Newly discovered evidence, which he Reconsideration: the appealed case as if a timely and
could not, with reasonable diligence, have If the court finds that excessive damages have proper appeal had been made.
discovered and produced at the trial, and been awarded or the final order is contrary to
which if presented would probably alter the evidence or law, it may amend such
the result. judgment or final order accordingly.
For Reconsideration The case stands for trial de novo and will be
The aggrieved party may also move for tried anew.
reconsideration upon the grounds that
the Reconsideration:
1.damages awarded are excessive If the court finds that excessive damages have
2. that the evidence is insufficient to been awarded or the final order is contrary to
justify the decision or final order the evidence or law, it may amend such
3. that the decision or final order is judgment or final order accordingly.
contrary to law. (1a)
RELIEF FROM An appeal from a judgment or final order Within 60 days after petitioner There may be a grant of preliminary
JUDGMENTS, of a Municipal Trial Court learns of the judgment, final injunction. Thereafter the case shall stand as if
ORDERS, OR order, or other proceeding to be such judgment, final order or other
OTHER set aside and not more than 6 proceeding had never been rendered, issued
RULE 38 PROCEEDINGS months after such judgment or or taken. The court shall then proceed to hear
final order was entered and determine the case as if a timely motion
for a new trial or reconsideration had been
Available AFTER judgment has granted by it.
become final and executory.
APPEAL FROM An appeal from a judgment or final order WHEN TO APPEAL: A party's appeal by notice of appeal is deemed If an appeal is taken from an order of RTC exercising
MTC TO RTC of a Municipal Trial Court An appeal may be taken within perfected as to him upon the filing of the the lower court dismissing the case jurisdiction to
Lack of jurisdiction of the Municipal Trial fifteen (15) days after notice to notice of appeal in due time. without trial on merits, the RTC may where the MTC
Court that rendered the judgment or the appellant of the judgment or affirm or reverse it. In case of pertains
issued the order. final order appealed from. Where A party's appeal by record on appeal is affirmance and the ground of
a record on appeal is required, deemed perfected as to him with respect to dismissal is lack of jurisdiction over the
the appellant shall file a notice of the subject matter thereof upon the approval subject matter, the RTC, if it has
appeal and a record on appeal of the record on appeal filed in due time. jurisdiction thereover, shall try the
within thirty (30) days after notice case on the merits as if the case was
of the judgment or final order. In appeals by notice of appeal, the court loses originally filed with it. In case of
INTERRUPTED BY MOTION FOR jurisdiction over the case upon the perfection reversal, the case shall be remanded
RULE 40 NEW TRIAL AND MR of the appeals filed in due time and the for further proceedings.
expiration of the time to appeal of the other
The period of appeal shall be parties. Appeal to the RTC
interrupted by a timely motion for
new trial or reconsideration. In appeals by record on appeal, the court
loses jurisdiction only over the subject matter
NO EXTENSION thereof upon the approval of the records on
appeal filed in due time and the expiration of
No motion for extension of time the appeal of the other parties.
to file a motion for new trial or
reconsideration shall be allowed. The Rule on Summary Procedure no longer
applies when the case is on appeal
APPEAL FROM RTC An appeal may be taken from a judgment PERIOD OF FILING The trial court may approve it as presented or Prior to the transmittal of the original Court of Appeals
or final order that completely disposes of upon its own motion or at the instance of the record or the record on appeal to the
the case, or of a particular matter therein The appeal shall be taken within appellee, my direct its amendment by the appellate court, the trial court may,
when declared by these Rules to be fifteen (15) days from notice of inclusion of any omitted matters which are motu proprio or on motion, dismiss
appealable. the judgment or final order deemed essential to the determination of the the appeal for having been taken out
appealed from. Where a record issue of law or fact involved in the appeal. of time or for non payment of the
No appeal may be taken from: on appeal is required, the docket and other lawful fees within
appellant shall file a notice of the reglementary period.
(a) An order denying a motion for new appeal and a record on appeal
trial or reconsideration; within thirty (30) days from notice May appeal to the CA
of the judgment or final order.
(b) An order denying a petition for relief
RULE 41
or any similar motion seeking relief from WHEN PERIOD IS INTERRUPTED
judgment;
The period of appeal shall be
(c) An interlocutory order; interrupted by a timely motion for
new trial or reconsideration.
(d) An order disallowing or dismissing an
appeal; NO EXTENSION OF TIME
(e) An order denying a motion to set aside No motion for extension of time
a judgment by consent, confession or to file a motion for new trial or
compromise on the ground of fraud, reconsideration shall be allowed.
mistake or duress, or any other ground (n)
vitiating consent;
Question of law
QUO WARRANTO An action for the usurpation of a public Nothing contained in this Rule When the respondent is found guilty of Appellant may file for Motion for An action under
office, position or franchise may be shall be construed to authorize an usurping into, intruding into, or unlawfully Reconsideration under Rule 65 the preceding
commenced by a verified petition action against a public officer or holding or exercising a public office, position six sections can
brought in the name of the Republic of employee for his ouster from or franchise, judgment shall be rendered that be brought only
the Philippines against: office unless the same be such respondent be ousted and altogether in the Supreme
commenced within one (1) year excluded therefrom, and that the petitioner or Court, the Court
(a) A person who usurps, intrudes into, or after the cause of such ouster, or relator, as the case may be, recover his costs. of Appeals, or in
unlawfully holds or exercises a public the right of the petitioner to hold Such further judgment may be rendered the Regional
office, position or franchise; such office or position, arose, nor determining the respective rights in and to the Trial Court
to authorize an action for public office, position or franchise of all the exercising
(b) A public officer who does or suffers an damages in accordance with the parties to the action as justice requires. jurisdiction over
act which, by the provision of law, provisions of the next preceding the territorial
RULE 66
constitutes a ground for the forfeiture of section unless the same be If judgment be rendered in favor of the area where the
his office; or commenced within one (1) year person averred in the complaint to be entitled respondent or
after the entry of the judgment to the public office he may, after taking the any of the
(c) An association which acts as a establishing the petitioner's right oath of office and executing any official bond respondents
corporation within the Philippines to the office in question required by law, take upon himself the resides, but
without being legally incorporated or execution of the office, and may immediately when the
without lawful authority so to act. 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.