Professional Documents
Culture Documents
Prof: ATTY. MELISSA SUAREZ/ DEAN HILDEGARDO INIGO Ateneo de Davao College of Law
Conditions: EXCEPTION:
1. judgment has disposed 1. Supervening effect
already of the action or doctrine! change in the
proceeding! it can be situation of parties which
executed because if the makes execution
judgment has not yet disposed inequitable
of the action or proceeding, it Examples:
is called an interlocutory a. ejectment case tapos
judgment or order. There is namortgage ang
something more for the court property then you
to do, and as a rule, you yourself bought it in
cannot execute. i.e. denial of a an auction sale; of
motion to dismiss course, you can’t
2. period to appeal has expired eject yourself;
and no appeal has been filed b. bank placed under
or taken from the receivership; its
judgment! judgment properties cannot be
The court may appoint a receiver If, upon investigation of his current
who is an officer of the court who income and expenses, it appears
will manage the property of the that the earnings of the judgment
Section 48. The effect of a judgment or final No record on appeal shall be required to take an
Effect of foreign order of a tribunal of a foreign appeal. In lieu thereof, the entire original record shall be
judgments or country, having jurisdiction to transmitted with all the pages prominently numbered
final orders. render the judgment or final order is consecutively, together with an index of the contents
as follows: thereof.
(a) In case of a judgment or final This section shall not apply in appeals in special
order upon a specific thing, the proceedings and in other cases wherein multiple
judgment or final order, is
appeals are allowed under applicable provisions of the 1. The 15-day period to appeal cannot be extended.
Rules of Court. BUT it can be interrupted by a timely motion for—
a. New trial, or
" Requisites for appeal. b. Reconsideration
Period to appeal Requirements
Civil actions 2. Note, however, that no extension to file either of
15 days Notice of appeal those two motions may be allowed.
Special proceedings and civil actions which allow
3. Strict construction – the right to appeal is a
multiple appeals
statutory right
30 days Notice of appeal
Record on appeal
4. The 30-day period to submit a record on appeal is
Habeas corpus cases extendible because the preparation takes a longer
48 hours Notice of appeal period of time.
a. The motion for extension must be filed within
RULE 40 the original 30-day period though.
APPEAL FROM MUNICIPAL TRIAL COURTS TO THE b. The movant has no right to expect that the
REGIONAL TRIAL COURTS motion for extension will be granted.
SECTION 1. Where to appeal.—An appeal from a 5. Motion for extension of time to file MNT or MR is
judgment or final order of a Municipal Trial Court may be absolutely prohibited. If MNT or MR is fied,
taken to the Regional Trial Court exercising jurisdiction appellant will have a FRESH PERIOD OF 15 DAYS
over the area to which the former pertains. The title of from receipt of denial to appeal. (NEYPES V. CA) It
the case shall remain as it was in the court of origin, but is the denial of the MR of an order of dismissal of a
the party appealing the case shall be further referred to complaint which constitutes the final order as it is
as the appellant and the adverse party as the appellee. what ends the issues raised in the action.
1. RTC’s appellate jurisdiction; Legal basis; BP 129. 6. Fresh period rule can be applied retroactively.
Cases where period to appeal lapsed prior to sept.
Sec. 22. Appellate jurisdiction. Regional Trial 14, 2005 can be given retroactive effect.
Courts shall exercise appellate jurisdiction over all
cases decided by the Metropolitan Trial Courts, SEC. 3. How to appeal—The appeal is taken by
Municipal Trial Courts, and Municipal Circuit Trial Courts filing a notice of appeal with the court that rendered the
in their respective territorial jurisdictions. Such cases judgment or final order appealed from. The notice of
shall be decided on the basis of the entire record of the appeal shall indicate the parties to the appeal, the
proceedings had in the court of origin such memoranda judgment or final order or part thereof appealed from,
and/or briefs as may be submitted by the parties or and state the material dates showing the timeliness of
required by the Regional Trial Courts. The decision of the appeal.
the Regional Trial Courts in such cases shall be
appealable by petition for review to the Court of Appeals A record on appeal shall be required only in
which may give it due course only when the petition special proceedings and in other cases of multiple or
shows prima facie that the lower court has committed an separate appeals.
error or fact or law that will warrant a reversal or
modification of the decision or judgment sought to be The form and contents of the record on appeal
reviewed. shall be as provided in section 6, Rule 41.
2. Any MTC final order or decision is appealable to the Copies of the notice of appeal, and the record on
RTC which exercises territorial jurisdiction over the appeal where required, shall be served on the adverse
said MTC. party.
3. This is the reason why under BP 129, every RTC
has a designated territorial jurisdiction. NOTICE OF APPEAL
4. Indicate in the caption who the appellants and the 1. Procedure.
appellees are. a. File a notice of appeal
b. With the MTC which rendered the judgment or
SEC. 2. When to appeal.—An appeal may be final order appealed from
taken within fifteen (15) days after notice to the c. Serve copy upon the adverse party
appellant of the judgment or final order appealed
from. Where a record on appeal is required, the 2. Contents of the notice of appeal:
appellant shall file a notice of appeal and a record on a. Parties to the appeal,
appeal within thirty (30) days after notice of the b. The judgment or final order or part thereof
judgment or final order. appealed from, and
c. The material dates showing the timeliness of
The period of appeal shall be interrupted by a the appeal (i.e. date of the decision/order and
timely motion for new trial or reconsideration. No its receipt)
motion for extension of time to file a motion for new trial
or reconsideration shall be allowed. RECORD ON APPEAL
3. Required only in special proceedings and cases
where multiple appeals are allowed
SEC. 4. Perfection of appeal; effect thereof.— SEC. 5. Appellate court docket and other lawful
The perfection of the appeal and the effect thereof shall fees.—Within the period for taking an appeal, the
be governed by the provisions of section 9, Rule 41. appellant shall pay to the clerk of the court which
rendered the judgment or final order appealed from the
1. Rule 41, Sec. 9. Perfection of appeal; effect full amount of the appellate court docket and other
thereof— lawful fees. Proof of payment thereof shall be
transmitted to the appellate court together with the
A party’s appeal by notice of appeal is deemed original record or the record on appeal, as the case may
perfected as to him upon the filing of the notice of be.
appeal in due time.
1. Failure to pay within the reglementary period will
A party’s appeal by record on appeal is deemed not automatically cause the dismissal of the appeal
perfected as to him with respect to the subject matter since it is not a requirement for appeal (although it
thereof upon the approval of the record on appeal is still an obligation).
filed in due time. " Exception: When the failure to pay affects
jurisdiction
In appeals by notice of appeal, the court loses " Dismissal is discretionary upon the appellate
jurisdiction over the case upon the perfection of the court; hence, it should be exercised wisely
appeals filed in due time and the expiration of the time (Santos vs. CA [1996])
to appeal of the other parties. 2. BUT the clerk of court may refuse to transmit the
records to the RTC until the appeal fees are paid.
In appeals by record on appeal, the court loses
jurisdiction only over the subject matter thereof upon the SEC. 6. Duty of the clerk of court.—Within
approval of the records on appeal filed in due time and fifteen (15) days from the perfection of the appeal, the
the expiration of the time to appeal of the other parties. clerk of court or the branch clerk of court of the lower
court shall transmit the original record or the record on
In either case, prior to the transmittal of the original appeal, together with the transcripts and exhibits, which
record or the record on appeal, the court may issue he shall certify as complete, to the proper Regional Trial
orders for the protection and preservation of the rights of Court. A copy of his letter of transmittal of the records to
the parties which do not involve any matter litigated by the appellate court shall be furnished the parties.
the appeal, approve compromises, permit appeals of
indigent litigants, order execution pending appeal in " Duties of the COC within 15 days from perfection of
accordance with section 2 of Rule 39, and allow the appeal:
withdrawal of the appeal. a. Transmit the original record or the record on
appeal, as the case may be
2. Summary b. Transmit also the transcripts and exhibits
Notice of Appeal Record on appeal c. Certify that those documents are complete, to
How an appeal is perfected the proper RTC
As to the appellant, upon As to the appellant with d. Furnish parties of the letter of transmittal of the
his filing of the notice of respect to the subject records
appeal generally within 15 matter thereof, upon the
days approval of the record on SEC. 7. Procedure in the Regional Trial
appeal filed in due time Court.—(a) Upon receipt of the complete record or the
When jurisdiction over the case is lost record on appeal, the clerk of court of the Regional Trial
1. Upon the 1. Upon the Court shall notify the parties of such fact.
perfection of the appeals approval of the records
filed in due time, and on appeal filed in due (b) Within fifteen (15) days from such notice, it
2. Upon the time, and shall be the duty of the appellant to submit a
expiration of the time to 2. Upon the memorandum which shall briefly discuss the errors
appeal of the other expiration of the time to imputed to the lower court, a copy of which shall be
parties appeal of the other furnished by him to the adverse party. Within fifteen (15)
parties days from receipt of the appellant’s memorandum, the
By fiction of law, jurisdiction is automatically appellee may file his memorandum. Failure of the
transferred to the RTC. appellant to file a memorandum shall be a ground for
Powers of the court prior to the transmittal of— dismissal of the appeal.
the original record the record on appeal
The court may: (c) Upon the filing of the memorandum of the
1. Issue orders for the protection and appellee, or the expiration of the period to do so, the
preservation of the rights of the parties which case shall be considered submitted for decision. The
do not involve any matter litigated by the Regional Trial Court shall decide the case on the basis
appeal, of the entire record of the proceedings had in the court
2. Approve compromises, of origin and such memoranda as are filed.
3. Permit appeals of indigent litigants,
4. Order execution pending appeal (Rule 39, Sec. " Outline:
2), and 1. RTC clerk of court shall notify the parties of the
5. Allow withdrawal of the appeal. receipt of the records.
SEC. 8. Appeal from orders dismissing case a. An order denying a petition for relief or any
without trial; lack of jurisdiction.—If an appeal is similar motion seeking relief from judgment;
taken from an order of the lower court dismissing the b. An interlocutory order;
case without a trial on the merits, the Regional Trial c. An order disallowing or dismissing an appeal;
Court may affirm or reverse it, as the case may be. In d. An order denying a motion to set aside a
case of affirmance and the ground of dismissal is judgment by consent, confession or compromise
lack of jurisdiction over the subject matter, the on the ground of fraud, mistake or duress, or any
Regional Trial Court, if it has jurisdiction thereover, shall other ground vitiating consent;
try the case on the merits as if the case was originally e. An order of execution;
filed with it. In case of reversal, the case shall be f. A judgment or final order for or against one or
remanded for further proceedings. more of several parties or in separate claims,
counterclaims, cross-claims and third-party
If the case was tried on the merits by the lower complaints, while the main case is pending,
court without jurisdiction over the subject matter, the unless the court allows an appeal therefrom; and
Regional Trial Court on appeal shall not dismiss the g. An order dismissing an action without
case if it has original jurisdiction thereof, but shall decide prejudice.
the case in accordance with the preceding section,
without prejudice to the admission of amended In any of the foregoing circumstances, the
pleadings and additional evidence in the interest of aggrieved party may file an appropriate special civil
justice. action as provided in Rule 65.
1. First situation: MTC dismisses a case on the 1. Take note that Rule 41 also applies to appealed
ground of lack of jurisdiction without trial on the cases from the MTC to the RTC, insofar as there
merits, and the losing party appeals to the RTC. are no conflicts.
# If the Order of Dismissal is correct, the RTC may 2. Item (a) has been omitted by the latest amendment:
either—
a. Affirm it, and order the dismissal of the case, or “xxx An order denying a motion for new trial or
b. Affirm it, but, if it has jurisdiction over the case, reconsideration; xxx”
try the case as if it was originally filed with it.
3. Only FINAL judgments or orders may be appealed,
# If the Order of Dismissal is wrong, the RTC should
as opposed to interlocutory judgments or orders (c),
order the remand of the case to the MTC and order
which may not be appealed.
the latter to proceed with the trial.
4. FINAL; meanings.
2. Second situation: MTC tries a case over which it
has no jurisdiction (over the subject matter) and the
Concept
same is appealed to the RTC.
It is already executory, It is not merely
# If the RTC has original jurisdiction, it should not which happens if there is interlocutory, which
no appeal taken happens if the final
dismiss the case, and should decide the case as if
it was originally filed with it. order/judgment completely
o In this case, the RTC shifts from its appellate to disposes of the case OR a
original jurisdiction; instead of outrightly particular matter therein
dismissing the appeal. and there is nothing more
o The purpose is to prevent double payment of for the court to do with
docket fees. respect to its merits
What rule to apply
# The RTC, in the interest of justice, may still allow Rule 39 Rule 41 (or rules on
the— appeals)
a. Admission of amended pleadings, and
1 The court has a ministerial duty to give due course to the
1. ORDINARY APPEAL
– Mode of appeal used if the case is decided by 1. Interruption of the period to appeal; example.
either the MTC or RTC pursuant to its original
jurisdiction Consumed only 9 days, since
January 31 – receipt of
– “first appeal” – the case is originally filed in the MTC judgment
Feb. 10 is excluded (the day of
or RTC and the losing party wants to elevate the interruption of the reglementary
period)
case on appeal for the first time February 10 – filed MFR
– Governing rules are those under Rules 40 and 41
February 20 – receipt of The 15-day period is
– Record on appeal is required only in special
order of SUSPENDED.
proceedings or in cases where multiple appeals are
denial of MFR
allowed. The remaining 6 days is
counted from Feb. 21, which is
2. PETITION FOR REVIEW February 26 – last day to file the day after the notice of the
– Mode used if the case is decided by the RTC appeal cessation of the interruption.
pursuant to its appellate jurisdiction
– “second appeal” (MTC-RTC-CA)
– This is governed by Rule 42. However: TAKE NOTE OF NEYPES CASE. PERIOD
TO APPEAL IS NOW RECKONED FORM THE
3. APPEAL BY CERTIORARI RECEIPT OF THE ORDER DENYING THE MNT OR
– Mode used if only pure questions of law are raised MR!
– This is the only mode of appeal to the SC as the
latter, generally, cannot review factual errors. Civil Code
“Art. 13. xxx In computing a period, the first day
shall be excluded, and the last day included.”
The period of appeal shall be interrupted by a Remaining period after denial of MFNT/MFR
timely motion for new trial or reconsideration. No motion
for extension of time to file a motion for new trial or
reconsideration shall be allowed.
presumed that the date when it was handed down is the date of receipt.
5. Roman Catholic Archbishop of Manila vs. Court " If both sides are appealing the case, they may file a
of Appeals (1996): “Multiple appeals are joint record on appeal. Hati sila sa gastos.
allowed in:
a. Special proceedings;
SEC. 9. Perfection of appeal; effect thereof—A
b. Actions for recovery of property with
party’s appeal by notice of appeal is deemed perfected
accounting;
as to him upon the filing of the notice of appeal in due
c. Actions for partition of property with
time.
accounting;
d. Special civil actions of eminent domain
A party’s appeal by record on appeal is deemed
(expropriation);
perfected as to him with respect to the subject matter
e. Special civil actions for foreclosure of
thereof upon the approval of the record on appeal filed
mortgage.”
in due time.
Rationale behind allowing more than 1 appeal in same
In appeals by notice of appeal, the court loses
case: enable the rest f the case to priceed in the event
jurisdiction over the case upon the perfection of the
that a separate and distinct case is resolved by the court
appeals filed in due time and the expiration of the time
and held to be final.
to appeal of the other parties.
NTOE: If you filed a record of appeal without a notice of
In appeals by record on appeal, the court loses
appeal, appeal should NOT be dismissed because filing
jurisdiction only over the subject matter thereof upon the
of the record on appeal is harder to comply.
approval of the records on appeal filed in due time and
the expiration of the time to appeal of the other parties.
SEC. 7. Approval of record on appeal —Upon
the filing of the record on appeal for approval and if no In either case, prior to the transmittal of the original
objection is filed by the appellee within five (5) days record or the record on appeal, the court may issue
from receipt of a copy thereof, the trial court may orders for the protection and preservation of the rights of
approve it as presented or upon its own motion or at the the parties which do not involve any matter litigated by
instance of the appellee, may direct its amendment by the appeal, approve compromises, permit appeals of
the inclusion of any omitted matters which are deemed indigent litigants, order execution pending appeal in
essential to the determination of the issue of law or fact
accordance with section 2 of Rule 39, and allow Facts: Both parties received the decision on the same
withdrawal of the appeal. date, March 31. A filed his notice of appeal on April 5.
On April 13, B filed a motion to execute pending appeal.
1. There is a marked distinction between the following
questions— Issue: The court granted the motion to execute pending
How do you perfect an When is the appeal appeal only on April 25 (way after the perfection of all
appeal? deemed perfected? the parties’ appeals), can this be done?
This is answered by Sec. This is answered by Sec.
9, paragraphs 1 and 2. 9, paragraphs 3 and 4. Ruling: Yes. The important point is the date of filing.
What “perfect” in the question means Thus, even if the court acts beyond the 15-day period,
It pertains to one It pertains to all the parties the order is still valid.
party/side only; hence, the to the case; hence, the
use of the phrase “as to use of the phrases— “It may be argued that the trial court should
him” in the rules. #“upon the perfection of dispose of the motion for execution within the
the appeals filed in due reglementary fifteen-day period. Such a rule would be
time,” and difficult, if not impossible, to follow. It would not be
#“the expiration of the pragmatic and expedient and could cause injustice.
time to appeal of the
other parties.” The motion for execution has to be set for
Effect on jurisdiction of the court of origin hearing. The judgment debtor has to be heard. The
Perfection of appeal by Perfection of appeals on good reasons for execution pending appeal have to be
one party alone does not both sides divests the scrutinized. These things cannot be done within the
necessarily mean that the court of origin of its short period of fifteen days, or in this case, two days.”
court now loses jurisdiction over the case.
jurisdiction (or that the Elevation of the court 5. So long as the records have not been elevated yet,
“appeal is already deemed records is now proper. the following are the things which an RTC can do
perfected”). The appeal Exception: In cases even if technically it has lost jurisdiction over the
period also of the other where a record on appeal case:
party has to lapse first is required, approval of the a. To issue orders for the protection and
before case may be court must also be preservation of the rights of the parties which
elevated. obtained before elevation. do not involve any matter litigated in the
appeal;
b. To approve compromises between the parties;
2. WHEN ONLY NOTICE OF APPEAL IS REQUIRED
c. To permit appeals to indigent parties;
a. How is the appeal perfected?
d. To order executions pending appeal in
# As to the person filing, by his filing of a
accordance with Rule 39, Sec. 2;
notice of appeal within the 15-day period.
e. To allow the withdrawal of the appeal; and
f. To order the dismissal of an appeal under Rule
b. When is the appeal deemed perfected?
41, Sec. 13.
# Upon the perfection of the appeals filed in
due time and upon the expiration of the time
6. Parties can settle the case amicably despite the
to appeal of the other parties.
fact that case is already on appeal. To appove ti,
trial court can still approve the same. Suppose
3. WHEN A RECORD OF APPEAL IS ALSO
records are already transmitted to the CA, submit
REQUIRED
the compromise agreement before the CA.
a. How is the appeal perfected?
# As to the person filing, upon the approval of
the record on appeal.
Administrative provisions
b. When is the appeal deemed perfected? SEC. 10. Duty of clerk of court of the lower
# Upon the approval of the records on appeal court upon perfection of appeal.—Within thirty (30)
filed in due time and the expiration of the days after perfection of all the appeals in accordance
time to appeal of the other parties. with the preceding section, it shall be the duty of the
clerk of court of the lower court:
" Look at the case from the viewpoint of
both parties. (a) To verify the correctness of the original record
" Otherwise, if it is only one party who has or the record on appeal, as the case may be, and to
perfected his appeal (e.g. by filing his make a certification of its correctness;
notice of appeal) and the other party’s
reglementary period has not yet lapsed, (b) To verify the completeness of the records that
the appeal can only be considered will be transmitted to the appellate court;
perfected up to 50%; hence, it is not yet
ripe for elevation. (c) If found to be incomplete, to take such
" The 15-day reglementary period of parties measures as may be required to complete the records,
is not the same since the final availing of the authority that he or the court may
order/judgment may not be received by exercise for this purpose; and
them on the same day.
(d) To transmit the records to the appellate court.
4. Universal Far East Corp. vs. Court of Appeals
If the efforts to complete the records fail, he shall execution pending appeal should be granted
indicate in his letter of transmittal the exhibits or (Rule 39, Sec. 2) on the ground that the “appeal
transcripts not included in the records being transmitted is dilatory,” it cannot rule on the same.
to the appellate court, the reasons for their non- " While it is not the appeal which is being
transmittal, and the steps taken or that could be taken to questioned but rather whether there is a ground
have them available. for execution pending appeal, still the RTC has
no jurisdiction to rule over the said issue as it
The clerk of court shall furnish the parties with touches upon the question of whether the
copies of his letter of transmittal of the records to the appeal indeed is dilatory or not. The power
appellate court. belongs to the CA.
On granting the motion for execution pending SEC. 2. Form and contents.—The petition shall
appeal: be filed in seven (7) legible copies, with the original copy
" Also, when the RTC is asked to pass upon the intended for the court being indicated as such by the
question of whether or not a motion for petitioner, and shall (a) state the full names of the
parties to the case, without impleading the lower courts for costs, proof of service of the petition, and the
or judges thereof either as petitioners or respondents; contents of and the documents which should
(b) indicate the specific material dates showing that it accompany the petition shall be sufficient ground for the
was filed on time; (c) set forth concisely a statement of dismissal thereof.
the maters involved, the issues raised, the specification
of errors of fact or law, or both, allegedly committed by SEC. 4. Action on the petition.—The Court of
the Regional Trial Court, and the reasons or arguments Appeals may require the respondent to file a comment
relied upon for the allowance of the appeal; (d) be on the petition, not a motion to dismiss, within ten (10)
accompanied by clearly legible duplicate originals or days from notice, or dismiss the petition if it finds the
true copies of the judgments or final orders of both lower same to be patently without merit, prosecuted manifestly
courts, certified correct by the clerk of court of the for delay, or that the questions raised therein are too
Regional Trial Court, the requisite number of plain unsubstantial to require consideration.
copies thereof and of the pleadings and other material
portions of the record as would support the allegations SEC. 5. Contents of comment.—The comment of
of the petition. the respondent shall be filed in seven (7) legible copies,
accompanied by certified true copies of such material
The petitioner shall also submit together with the portions of the record referred to therein together with
petition a certification under oath that he has not other supporting papers and shall (a) state whether or
theretofore commenced any other action involving the not he accepts the statement of matters involved in the
same issues in the Supreme Court, the Court of petition; (b) point out such insufficiencies or
Appeals or different divisions thereof, or any other inaccuracies as he believes exist in petitioner’s
tribunal or agency; if there is such other action or statement of matters involved but without repetition; and
proceeding, he must state the status of the same; and if (c) state the reasons why the petition should not be
he should thereafter learn that a similar action or given due course. A copy thereof shall be served on the
proceeding has been filed or is pending before the petitioner.
Supreme Court, the Court of Appeals, or different
divisions thereof, or any other tribunal or agency, he SEC. 6. Due course.—If upon the filing of the
undertakes to promptly inform the aforesaid courts and comment or such other pleadings as the court may
other tribunal or agency thereof within five (5) days allow or require, or after the expiration of the period for
therefrom. the filing thereof without such comment or pleading
having been submitted, the Court of Appeals finds prima
1. Format: facie that the lower court has committed an error of fact
a. The RTC judge is not to be impleaded as a or law that will warrant a reversal or modification of the
party-defendant. This is only done in certiorari appealed decision, it may accordingly give due course
cases. to the petition.
b. State the full names of the parties either as
petitioners or respondents. SEC. 9. Submission for decision.—If the petition
c. State the material dates showing timeliness of is given due course, the Court of Appeals may set the
the appeal. case for oral argument or require the parties to submit
d. State briefly the facts, issue/s, errors imputed memoranda within a period of fifteen (15) days from
to the RTC (which may be both factual and notice. The case shall be deemed submitted for decision
3
legal ) and the arguments therefor upon the filing of the last pleading or memorandum
required by these Rules or by the court itself.
2. Other requirements:
a. Legible duplicate originals or true copies of the 1. The CA may:
judgments or final orders of both the MTC and a. Require the respondent to file his comment
the RTC, certified correct by the RTC clerk of (not a motion to dismiss), within 10 days from
court. notice, or
b. Certification against forum-shopping signed by
the petitioner himself (failure of which means b. Dismiss the petition if—
DISMISSAL of the case) i. Patently without merit,
c. Proof of service of the petition ii. Prosecuted manifestly for delay, or
d. The petition should be filed in 7 legible copies, iii. The questions raised are too
with the original copy intended for the CA. unsubstantial to require consideration.
3. Errors of fact, law or both can be raised. Usually,
if RTC decided it pursuant to tis original jurisdiction, 2. After receipt of the comment or if none is filed within
appeals on errors of law can be filed directly with the period given, the CA may give due course to
SC. But if appellate jurisdiction already, appeal the petition if:
should be to the CA. # It finds prima facie that the RTC has committed
an error of fact or law that will warrant a reversal
SEC. 3. Effect of failure to comply with or modification of the appealed decision.
requirements.—The failure of the petitioner to comply
with any of the foregoing requirements regarding the 3. After the petition is given due course, the CA may—
payment of the docket and other lawful fees, the deposit a. Require the parties to submit their respective
memoranda within 15 days from notice, or
b. Set the case for oral argument
3 Even if the question is purely of law, the petition should still be
filed with the CA because the RTC in this case decided the case based on its
appellate jurisdiction. Rule 45 is available only when the case is decided by
the RTC based on its original jurisdiction.
RTCs, never to decisions of MTCs and quasi- contents of and the documents which should
judicial bodies. accompany the petition shall be sufficient ground for the
dismissal thereof.
SEC. 4. Period of appeal.—The appeal shall be
taken within fifteen (15) days from notice of the award, SEC. 8. Action on the petition.—The Court of
judgment, final order or resolution, or from the date of its Appeals may require the respondent to file a comment
last publication, if publication is required by law for its on the petition, not a motion to dismiss, within ten (10)
effectivity, or of the denial of petitioner’s motion for new days from notice, or dismiss the petition if it finds the
trial or reconsideration duly filed in accordance with the same to be patently without merit, prosecuted manifestly
governing law of the court or agency a quo. Only one (1) for delay, or that the questions raised therein are too
motion for reconsideration shall be allowed. Upon unsubstantial to require consideration.
proper motion and the payment of the full amount of the
docket fee before the expiration of the reglementary SEC. 9. Contents of comment.—The comment
period, the Court of Appeals may grant an additional shall be filed within ten (10) days from notice in seven
period of fifteen (15) days only within which to file the (7) legible copies and accompanied by clearly legible
petition for review. No further extension shall be granted certified true copies of such material portions of the
except for the most compelling reason and in no case to record referred to therein together with other supporting
exceed fifteen (15) days. papers. The comment shall (a) point out insufficiencies
or inaccuracies in petitioner’s statement of facts and
" The appeal should be filed within 15 days— issues; and (b) state the reasons why the petition should
a. From notice of the award, judgment, final order be denied or dismissed. A copy thereof shall be served
or resolution, or on the petitioner, and proof of such service shall be filed
b. From the date of its last publication, if with the Court of Appeals.
publication is required by law for its effectivity,
or SEC. 10. Due course.—If upon the filing of the
c. From the date of the denial of MFNT or MFR. comment or such other pleadings or documents as may
be required or allowed by the Court of Appeals or upon
the expiration of the period for the filing thereof, and on
SEC. 5. How appeal taken.—Appeal shall be the basis of the petition or the records the Court of
taken by filing a verified petition for review in seven (7) Appeals finds prima facie that the court or agency
legible copies with the Court of Appeals, with proof of concerned has committed errors of fact or law that
service of a copy thereof on the adverse party and on would warrant reversal or modification of the award,
the court or agency a quo. The original copy of the judgment, final order or resolution sought to be
petition intended for the Court of Appeals shall be reviewed, it may give due course to the petition;
indicated as such by the petitioner. otherwise, it shall dismiss the same. The findings of fact
of the court or agency concerned, when supported by
Upon the filing of the petition, the petitioner shall substantial evidence, shall be binding on the Court of
pay to the clerk of court of the Court of Appeals the Appeals.
docketing and other lawful fees and deposit the sum of
P500.00 for costs. Exemption from payment of " As a rule, the findings of fact of the court or agency
docketing and other lawful fees and the deposit for costs concerned, when supported by substantial
may be granted by the Court of Appeals upon a verified evidence, shall be binding on the CA. (Exceptions
motion setting forth valid grounds therefor. If the Court are found in your Administrative Law)
of Appeals denies the motion, the petitioner shall pay
the docketing and other lawful fees and deposit for costs " This provision does not appear in Rule 42, since
within fifteen (15) days from notice of the denial. Rule 43 does not deal with civil cases.
SEC. 7. Effect of failure to comply with " General Rule: The award, judgment, final order of
requirements.—The failure of the petitioner to comply resolution of the quasi-judicial body is immediately
with any of the foregoing requirements regarding the executory.
payment of the docket and other lawful fees, the deposit
for costs, proof of service of the petition, and the
Exception: If the CA shall direct stay of execution " Remedy if within 30 days after the perfection of the
pending appeal (upon such terms as it may deem appeal the records have not been transmitted by
just). the RTC:
o Either party may file a motion for the transmittal
of the original records or record on appeal
SEC. 13. Submission for decision.—If the o With notice to the adverse party.
petition is given due course, the Court of Appeals may
set the case for oral argument or require the parties to
submit memoranda within a period of fifteen (15) days SEC. 4. Docketing of case.—Upon receiving the
from notice. The case shall be deemed submitted for original record or the record on appeal and the
decision upon the filing of the last pleading or accompanying documents and exhibits transmitted by
memorandum required by these Rules or by the Court the lower court, as well as the proof of payment of the
of Appeals. docket and other lawful fees, the clerk of court of the
Court of Appeals shall docket the case and notify the
PROCEDURE IN THE COURT OF APPEALS parties thereof.
RULE 44 Within ten (10) days from receipt of said notice, the
ORDINARY APPEALED CASES appellant, in appeals by record on appeal, shall file with
the clerk of court seven (7) clearly legible copies of the
3. Procedure in the CA is likewise found in its Revised approved record on appeal, together with the proof of
Internal Rules of the Court of Appeals (RIRCA). service of two (2) copies thereof upon the appellee.
5. Recall that the last step under Rule 41 is— " Procedure upon receipt of the record on appeal,
etc. by the CA clerk of court:
SEC. 12. Transmittal.—The clerk of the 1. The clerk shall docket the case and notify the
trial court shall transmit to the appellate court parties of such receipt.
the original record or the approved record on 2. The appellant, within 10 days from notice, shall file
appeal within thirty (30) days from the perfection with the CA:
of the appeal, together with the proof of payment a. Seven (7) legible copies of the approved
of the appellate court docket and other lawful record on appeal, and
fees, a certified true copy of the minutes of the b. Proof of service of 2 copies thereof upon the
proceedings, the order of approval, the appellee.
certificate of correctness, the original 3. The appellant shall also serve 2 copies of the
documentary evidence referred to therein, and approved record on appeal upon the appellee.
the original and three (3) copies of the
transcripts. Copies of the transcripts and # NOTE THAT THE ABOVE PROCEDURE
certified true copies of the documentary APPLIES ONLY IF THE APPEAL REQUIRES A
evidence shall remain in the lower court for the RECORD ON APPEAL.
examination of the parties.
SEC. 2. Counsel and guardians.—The counsel SEC. 6. Dispensing with complete record.—
and guardians ad litem of the parties in the court of Where the completion of the record could not be
origin shall be respectively considered as their counsel accomplished within a sufficient period allotted for said
and guardians ad litem in the Court of Appeals. When purpose due to insuperable or extremely difficult
others appear or are appointed, notice thereof shall be causes, the court, on its own motion or on motion of any
served immediately on the adverse party and filed with of the parties, may declare that the record and its
the court. accompanying transcripts and exhibits so far available
are sufficient to decide the issues raised in the appeal,
SEC. 3. Order of transmittal of record.—If the and shall issue an order explaining the reasons for such
original record or the record on appeal is not transmitted declaration.
to the Court of Appeals within thirty (30) days after the
perfection of the appeal, either party may file a motion SEC. 7. Appellant’s brief.—It shall be the duty of
with the trial court, with notice to the other, for the the appellant to file with the court, within forty-five (45)
transmittal of such record or record on appeal. days from receipt of the notice of the clerk that all the
evidence, oral and documentary, are attached to the
record, seven (7) copies of his legibly typewritten,
mimeographed or printed brief, with proof of service of nature of the controversy, with page references to the
two (2) copies thereof upon the appellee. record;
SEC. 8. Appellee’s brief—Within forty-five (45) (d)Under the heading “Statement of Facts,” a clear
days from receipt of the appellant’s brief, the appellee and concise statement in a narrative form of the facts
shall file with the court seven (7) copies of his legibly admitted by both parties and of those in controversy,
typewritten, mimeographed or printed brief, with proof of together with the substance of the proof relating thereto
service of two (2) copies thereof upon the appellant. in sufficient detail to make it clearly intelligible, with page
references to the record;
SEC. 9. Appellant’s reply brief.—Within twenty
(20) days from receipt of the appellee’s brief, the (e) A clear and concise statement of the issues of
appellant may file a reply brief answering points in the fact or law to be submitted to the court for its judgment;
appellee’s brief not covered in his main brief.
(f) Under the heading “Argument,” the appellant’s
SEC. 10. Time of filing memoranda in special arguments on each assignment of error with page
cases.—In certiorari, prohibition, mandamus, quo references to the record. The authorities relied upon
warranto and habeas corpus cases, the parties shall file, shall be cited by the page of the report at which the
in lieu of briefs, their respective memoranda within a case begins and the page of the report on which the
non-extendible period of thirty (30) days from receipt of citation is found:
the notice issued by the clerk that all the evidence, oral
and documentary, is already attached to the record. (g) Under the heading “Relief,” a specification of
the order or judgment which the appellant seeks; and
The failure of the appellant to file his memorandum
within the period therefor may be a ground for dismissal (h) In cases not brought up by record on
of the appeal. appeal, the appellant’s brief shall contain, as an
appendix, a copy of the judgment or final order
1. Ordinary appealed cases appealed from.
" 45 days to file appellant’s brief (extendible)
SEC. 14. Contents of appellee’s brief.—The
2. Special cases (certiorari, prohibition, mandamus, appellee’s brief shall contain, in the order herein
quo warranto and habeas corpus cases) indicated, the following:
" 30 days to file memorandum
(a) A subject index of the matter in the brief with a
digest of the arguments and page references, and a
SEC. 11. Several appellants or appellees or table of cases alphabetically arranged, textbooks and
several counsel for each party.—Where there are statutes cited with references to the pages where they
several appellants or appellees, each counsel are cited;
representing one or more but not all of them shall be
served with only one copy of the briefs. When several (b) Under the heading “Statement of Facts,” the
counsel represent one appellant or appellee, copies of appellee shall state that he accepts the statement of
the brief may be served upon any of them. facts in the appellant’s brief, or under the heading
“Counter-Statement of Facts,” he shall point out such
SEC. 12. Extension of time for filing briefs.— insufficiencies or inaccuracies as he believes exist in the
Extension of time for the filing of briefs will not be appellant’s statement of facts with references to the
allowed, except for good and sufficient cause, and only pages of the record in support thereof, but without
if the motion for extension is filed before the expiration repetition of matters in the appellant’s statement of
of the time sought to be extended. facts; and
SEC. 13. Contents of appellant’s brief.—The (c) Under the heading “Argument,” the appellee
appellant’s brief shall contain, in the order herein shall set forth his arguments in the case on each
indicated, the following: assignment of error with page references to the record.
The authorities relied on shall be cited by the page of
(a) A subject index of the matter in the brief with a the report at which the case begins and the page of the
digest of the arguments and page references, and a report on which the citation is found.
table of cases alphabetically arranged, textbooks and
statutes cited with references to the pages where they
are cited; Notes:
1. BRIEF! derived form latin word “brevis” and
(b) An assignment of errors intended to be urged, French workd “brefie”! meaning short or
which errors shall be separately, distinctly and concisely condensed statement.
stated without repetition and numbered consecutively; 2. Purpose: to present to court in concise form
the points and questions in controversy, and by
(c) Under the heading “Statement of the Case,” a fair argument ont eh facts and law of the case,
clear and concise statement of the nature of the action, to assist the corut to arrive at a just and fair
a summary of the proceedings, the appealed rulings and conclusion.
orders of the court, the nature of the judgment and any 3. 45-day to file brief is EXTENDIBLE. File the
other matters necessary to an understanding of the moiton for extension of time to file brief
Exception: Lack of jurisdiction 2. This is the ONLY mode of appeal to the SC from—
a. Court of Appeals
Exception: When estoppel b. Court of Tax Appeals (new)
sets in (Tijam vs. c. Sandiganbayan
Sibonghanoy) d. RTC
e. Other courts authorized by law
2. General Rule: When a winning party’s purpose is
to seek affirmation of the judgment on other 3. Distinction.
grounds not stated in the decision (Saenz vs. Question of Law Question of Fact
Mitchell), a mere assignment of errors will suffice. Issue
The law on a certain set of The truth or falsehood of
Exception: If a winning party thinks he is entitled facts alleged facts
for more (e.g. when he seeks modification of the Review of evidence
judgment), he must appeal the decision as a mere The case can be decided The case has to be
assignment of errors is not enough. without reviewing the resolved by going over the
evidence evidence
In other words:
GR: if winning party ka, appeal the decision if you think
4. Cunanan vs. Lazatin: The following are questions
you are entitled for more.
of law—
Exception: you may state assignment of errors ot
a. Construction or interpretation of documentary
support the decision—to support, not to change the
evidence,
decision. If gusto mo ma-change talaga! APPEAL.
b. The case submitted is based on an agreed
statement of facts,
RULE 45
c. All the facts are stated in the judgment and the
APPEAL BY CERTIORARI TO THE SUPREME
only issue is the correctness of the conclusion.
COURT
(CA-SC)
5. General Rule: Only questions of law may be raised
(since the CA’s findings of fact are final and
SECTION 1. Filing of petition with Supreme conclusive upon the SC).
Court. A party desiring to appeal by certiorari from a
judgment, final order or resolution of the Court of Exceptions:
Appeals, the Sandiganbayan, the Court of Tax Appeals, a. When the findings of fact are manifestly
the Regional Trial Court or other courts, whenever absurd, mistaken or impossible (Luna vs.
authorized by law, may file with the Supreme Court a Linatoc)
verified petition for review on certiorari. The petition b. When there is grave abuse of discretion in the
may include an application for a writ of preliminary appreciation of facts (Buyco vs. People)
injunction or other provisional remedies and shall raise c. When the findings are not supported by
only questions of law, which must be distinctly set forth. substantial evidence, but are based purely on
The petitioner may seek the same provisional remedies speculations, surmises and conjectures
by verified motion filed in the same action or (Joaquin vs. Navarro)
proceeding at any time during its pendency. d. When the judgment is premised on a
misappreciation of facts (Cruz vs. Sosing)
SEC. 2. Time for filing; extension.—The petition e. When the findings (of the lower courts) are
shall be filed within fifteen (15) days from notice of the conflicting (Cosico vs. Villaseca)
judgment or final order or resolution appealed from, or f. When the findings go beyond the issues and
of the denial of the petitioner’s motion for new trial or are contrary to the admission of the parties
reconsideration filed in due time after notice of the (Evangelista vs. Alto Surety)
judgment. On motion duly filed and served, with full g. When the findings are without citation of
payment of the docket and other lawful fees and the specific evidence in which they are based.
deposit for costs before the expiration of the
reglementary period, the Supreme Court may for 6. The petition must be verified.
justifiable reasons grant an extension of thirty (30) days
only within which to file the petition.
7. General Rule: It must be filed within 15 days from foregoing requirements regarding the payment of the
receipt of notice of the judgment/final docket and other lawful fees, deposit for costs, proof of
order/resolution appealed from, or of the denial of service of the petition, and the contents of and the
the petitioner’s MFNT or MFR. documents which should accompany the petition shall
be sufficient ground for the dismissal thereof.
Exception: Within 30 days, upon grant of extension
and full payment of the docket fees The Supreme Court may on its own initiative deny
# The motion for extension must be filed within the petition on the ground that the appeal is without
the reglementary period. merit, or is prosecuted manifestly for delay, or that the
questions raised therein are too unsubstantial to require
8. Additional provisions under the amendments: consideration.
a. The petition may include an application for a
writ of preliminary injunction or other # Grounds for dismissal of appeal
provisional remedies. a. Under Rule 45, Sec. 5
" Failure to comply with the formal
b. The said provisional remedies may be sought requirements and non-payment of the
by verified motion at any time during the appeal fees within the reglementary period
pendency of the petition. " The appeal is without merit
" It is prosecuted manifestly for delay
Note; FRESH PERIOD RULE OF NEYPES V. CA " The questions raised therein are too
applies to: unsubstantial to require consideration
1. Rule 40—MTC to RTC
2. Rule 42—petitions for review from RTC to CA b. Under Rule 56, Sec. 5
3. Rule 45—appeals from quasi-judicial agencies " Failure to take the appeal within the
to the CA and reglementary period
4. Rule 45—appeals by certiorari to SC " Lack of merit in the petition
" Failure to pay the requisite docket fee and
SEC. 4. Contents of petition—The petition shall other lawful fees or to make a deposit for
be filed in eighteen (18) copies, with the original copy costs
intended for the court being indicated as such by the " Failure to comply with the requirements
petitioner, and shall (a) state the full name of the regarding proof of service and contents of
appealing party as the petitioner and the adverse party and the documents which should
as respondent, without impleading the lower courts or accompany the petition
judges thereof either as petitioners or respondents; (b) " Failure to comply with any circular,
indicate the material dates showing when notice of the directive or order of the Supreme Court
judgment or final order or resolution subject thereof was without justifiable cause
received, when a motion for new trial or reconsideration, " Error in the choice or mode of appeal, and
if any, was filed and when notice of the denial thereof " The case is not appealable to the
was received; (c) set forth concisely a statement of the Supreme Court.
matters involved, and the reasons or arguments relied
on for the allowance of the petition; (d) be accompanied SEC. 6. Review discretionary.—A review is not a
by a clearly legible duplicate original, or a certified true matter of right, but of sound judicial discretion, and will
copy of the judgment or final order or resolution certified be granted only when there are special and important
by the clerk of court of the court a quo and the requisite reasons therefor. The following, while neither
number of plain copies thereof, and such material controlling nor fully measuring the court’s discretion,
portions of the record as would support the petition; and indicate the character of the reasons which will be
(e) contain a sworn certification against forum shopping considered:
as provided in the last paragraph of section 2, Rule 42.
(a)When the court a quo has decided a question of
Notes: substance, not theretofore determined by the Supreme
1. Petition is filed with 18 copies because you do Court, or has decided it in a way probably not in accord
not know whether your petition will be heard en with law or with the applicable decisions of the Supreme
banc Court; or
2. Under rule 45, you do NOT implead the SB or
the CA. you only do that under rule 65. (b) When the court a quo has so far departed from
3. Although courts not impleaded as respondents, the accepted and usual course of judicial proceedings,
they must be furnished with a copy of the or so far sanctioned such departure by a lower court, as
petition so that they will not make an entry of to call for an exercise of the power of supervision.
judgment since their decision is being
appealed. 1. Review by the Supreme Court is discretionary.
4. There must be a CERTICIATION OF NON- Thus, even if there are no grounds for dismissal,
FORM SHOPPING the Court is not obligated to entertain the appeal.
5. A certification signed by counsel is Defective. It
should be the party who should sign it. (FAR 2. Encarnacion vs. Court of Appeals (1993): “In a
EASTERN SHIPPING V. CA) petition for review under Rule 45, Rules of Court,
invoking the usual reason, i.e., that the Court of
SEC. 5. Dismissal or denial of petition.—The Appeals had decided a question of substance not in
failure of the petitioner to comply with any of the accord with law or with applicable decisions of the
Supreme Court, a mere statement of the Rule shall be applicable to both civil and criminal cases,
ceremonial phrase is not sufficient to confer merit except in criminal cases where the penalty imposed is
on the petition. The petition must specify the law or death, reclusion perpetua or life imprisonment.
prevailing jurisprudence on the matter and the
particular ruling of the appellate court violative of " General Rule: RTC/CA/Sandiganbayan to
such law or previous doctrine laid down by the Supreme Court –Rule 45 whether it is a civil or
Supreme Court.” criminal case
3. If the parties are asked to submit their memoranda, Exception: In a criminal case where the penalty
it means that the Court is giving due course to the imposed by the RTC is—
petition and is going to deliberate on the case. - (Death,)
Otherwise, the petition will just be dismissed thru a - Reclusion perpetua, or
minute resolution. - Life imprisonment,
where the mode of appeal is an Ordinary Appeal
4. Minute resolution – considered a judgment on the under Rule 41. This is a direct appeal to the SC by
merits; hence, it constitutes res adjudicata simply filing a notice of appeal.
5. Smith Bell and Co. vs. Court of Appeals (1991): TIBLE AND TIBLE CO V. ROYAL SAVINGS AND
“This Court has discretion to decide whether a LOAN ASSN
‘minute resolution’ should be used in lieu of a full- April 8, 2008
blown decision in any particular case and that a
minute Resolution of dismissal of a Petition for Appeal and Certiorari Distinguished
Review on Certiorari constitutes an adjudication on Between an appeal and a petition for certiorari, there
the merits of the controversy or subject matter of are substantial distinctions which shall be explained
the Petition.” below.
6. Under the present judicial system, a party is As to the Purpose. Certiorari is a remedy designed for
allowed one appeal as a matter of right and the the correction of errors of jurisdiction, not errors of
second appeal as a matter of discretion. Example: judgment. In Pure Foods Corporation v. NLRC, we
From the MTC to RTC, it is a matter of right. Then explained the simple reason for the rule in this light:
from the RTC to CA, under Rule 42, it is
discretionary. "When a court exercises its jurisdiction, an error
committed while so engaged does not deprive it of the
jurisdiction being exercised when the error is
SEC. 7. Pleadings and documents that may be committed. If it did, every error committed by a court
required; sanctions.—For purposes of determining would deprive it of its jurisdiction and every erroneous
whether the petition should be dismissed or denied judgment would be a void judgment. This cannot be
pursuant to section 5 of this Rule, or where the petition allowed. The administration of justice would not survive
is given due course under section 8 hereof, the such a rule. Consequently, an error of judgment that
Supreme Court may require or allow the filing of such the court may commit in the exercise of its jurisdiction is
pleadings, briefs, memoranda or documents as it may not correctable through the original civil action
deem necessary within such periods and under such of certiorari."
conditions as it may consider appropriate, and impose
the corresponding sanctions in case of non-filing or The supervisory jurisdiction of a court over the issuance
unauthorized filing of such pleadings and documents or of a writ ofcertiorari cannot be exercised for the purpose
noncompliance with the conditions thereof. of reviewing the intrinsic correctness of a judgment of
the lower court - on the basis either of the law or the
1. The Court may require or allow the filing of such facts of the case, or of the wisdom or legal soundness of
pleadings, briefs, memoranda or documents as it the decision. Even if the findings of the court are
may deem necessary in order to determine whether incorrect, as long as it has jurisdiction over the case,
to dismiss the petition or to give the same due such correction is normally beyond the province
course. of certiorari. Where the error is not one of jurisdiction,
but of an error of law or fact - a mistake of judgment -
2. Sanctions may be imposed on the following— appeal is the remedy.
a. Non-filing and unauthorized filing of pleadings
and documents As to the Manner of Filing. Over an appeal, the CA
b. Non-compliance with the conditions in the exercises its appellate jurisdiction and power of review.
Court’s order Over a certiorari, the higher court uses its original
jurisdiction in accordance with its power of control and
supervision over the proceedings of lower courts. An
SEC. 8. Due course; elevation of records.—If appeal is thus a continuation of the original suit, while a
the petition is given due course, the Supreme Court may petition for certiorari is an original and independent
require the elevation of the complete record of the case action that was not part of the trial that had resulted in
or specified parts thereof within fifteen (15) days from the rendition of the judgment or order complained of.
notice. The parties to an appeal are the original parties to the
action. In contrast, the parties to a petition
SEC. 9. Rule applicable to both civil and for certiorari are the aggrieved party (who thereby
criminal cases.—The mode of appeal prescribed in this becomes the petitioner) against the lower court or quasi-
judicial agency, and the prevailing parties (the public against judges and
and the private respondents, respectively). lawyers, cases against
ambassadors.
As to the Subject Matter. Only judgments or final
orders and those that the Rules of Court so declare are RULE 46
appealable. Since the issue is jurisdiction, an original ORIGINAL CASES in the Court of Appeals
action for certiorari may be directed against an
interlocutory order of the lower court prior to an appeal SECTION 1. Title of cases.—In all cases
from the judgment; or where there is no appeal or any originally filed in the Court of Appeals, the party
plain, speedy or adequate remedy. instituting the action shall be called the petitioner and
the opposing party the respondent.
As to the Period of Filing. Ordinary appeals should be
filed within fifteen days from the notice of judgment or SEC. 2. To what actions applicable.—This Rule
final order appealed from. Where a record on appeal is shall apply to original actions for certiorari, prohibition,
required, the appellant must file a notice of appeal and a mandamus and quo warranto.
record on appeal within thirty days from the said notice
of judgment or final order. A petition for review should Except as otherwise provided, the actions for
be filed and served within fifteen days from the notice of annulment of judgment shall be governed by Rule 47,
denial of the decision, or of the petitioner's timely filed for certiorari, prohibition and mandamus by Rule 65, and
motion for new trial or motion for reconsideration. In an for quo warranto by Rule 66.
appeal by certiorari, the petition should be filed also
within fifteen days from the notice of judgment or final 1. CA’s original jurisdiction; Legal basis; BP 129.
order, or of the denial of the petitioner's motion for new
trial or motion for reconsideration.
“Sec. 9. Jurisdiction.—The Court of Appeals shall
exercise:
On the other hand, a petition for certiorari should be
filed not later than sixty days from the notice of
(1) Original jurisdiction to issue writs of
judgment, order, or resolution. If a motion for new trial
mandamus, prohibition, certiorari, habeas corpus, and
or motion for reconsideration was timely filed, the period
quo warranto, and auxiliary writs or processes, whether
shall be counted from the denial of the motion.
or not in aid of its appellate jurisdiction;
As to the Need for a Motion for Reconsideration. A
(2) Exclusive original jurisdiction over actions for
motion for reconsideration is generally required prior to
annulment of judgments of Regional Trial Courts; xxx
the filing of a petition forcertiorari, in order to afford the
tribunal an opportunity to correct the alleged errors.
The Court of Appeals shall have the power to try
Note also that this motion is a plain and adequate
cases and conduct hearings, receive evidence and
remedy expressly available under the law. Such motion
perform any and all acts necessary to resolve factual
is not required before appealing a judgment or final
[17] issues raised in cases falling within its original and
order.
appellate jurisdiction, including the power to grant and
conduct new trials or further proceedings. Trials or
With these distinctions, it is plainly discernible why a
hearings in the Court of Appeals must be continuous
party is precluded from filing a petition
and must be completed within three (3) months, unless
for certiorari when appeal is available, or why the two
extended by the Chief Justice.”
remedies of appeal andcertiorari are mutually exclusive
[18]
and not alternative or successive. Where appeal is
available, certiorari will not prosper, even if the ground 2. Distinction.
availed of is grave abuse of discretion.
[ Rule 44 Rule 46
Exclusive appellate Concurrent original
OUTLINE OF THE RULES jurisdiction: jurisdiction:
- Cases decided by - Extraordinary writs (c.ref.
APPEALED A.TO THE CA: RTC Rules 65-66)
CASES 1. Petition for review (rules 42
& 43) Exclusive original jurisdiction:
2. Ordinary appeal (rule 44) - Annulment of RTC
judgments (c.ref. Rule 47)
B.TO THE SC
1. Appeal by certiorari (rule Appellant vs. Appellee Petitioner vs. Respondent
45)
In actions filed under Rule 65, the petition shall 1. Normally, upon the filing of the action, the petitioner
further indicate the material dates showing when notice already furnishes the respondent with a copy of the
of the judgment or final order or resolution subject petition (re: proof of service). Then the CA may
thereof was received, when a motion for new trial or either—
reconsideration, if any, was filed and when notice of the
denial thereof was received. a. Dismiss the petition outright with specific
reasons therefor, or
It shall be filed in seven (7) clearly legible copies
together with proof of service thereof on the respondent b. Issue a resolution requiring the respondent to
with the original copy intended for the court indicated as comment within 10 days.
such by the petitioner, and shall be accompanied by a
clearly legible duplicate original or certified true copy of 2. Effects of failure to file comment:
the judgment, order, resolution, or ruling subject thereof, a. The case will be decided based on the record,
such material portions of the record as are referred to and
therein, and other documents relevant or pertinent b. There may be disciplinary sanctions against
thereto. The certification shall be accomplished by the the disobedient party.
proper clerk of court or by his duly authorized
representative, or by the proper officer of the court, 3. Except in the case of annulment of judgment, there
tribunal, agency or office involved or by his duly is no more need of summons because the copy of
authorized representative. The other requisite number the petition has already been served. So, the CA
of copies of the petition shall be accompanied by clearly acquires jurisdiction over the respondent—
legible plain copies of all documents attached to the a. By serving upon him a copy of the
original. order/resolution indicating its initial action, or
The petitioner shall also submit together with the b. By his voluntary submission to such
petition a sworn certification that he has not theretofore jurisdiction.
commenced any other action involving the same issues
in the Supreme Court, the Court of Appeals or different 4. General Rule: Only pleadings required by the CA
divisions thereof, or any other tribunal or agency; if there may be filed.
is such other action or proceeding, he must state the
status of the same; and if he should thereafter learn that Exception: With leave of court
a similar action or proceeding has been filed or is
pending before the Supreme Court, the Court of
Appeals, or different divisions thereof, or any other SEC. 6. Determination of factual issues—
tribunal or agency, he undertakes to promptly inform the Whenever necessary to resolve factual issues, the court
aforesaid courts and other tribunal or agency thereof itself may conduct hearings thereon or delegate the
within five (5) days therefrom. reception of the evidence on such issues to any of its
members or to an appropriate court, agency or office.
The petitioner shall pay the corresponding docket
and other lawful fees to the clerk of court and deposit " Determination of factual issues is done by the CA
the amount of P500.00 for costs at the time of the filing itself.
of the petition.
" But reception of evidence may be delegated to—
The failure of the petitioner to comply with any of o Any of its members,
the foregoing requirements shall be sufficient ground for o An appropriate court, agency or office.
the dismissal of the petition.
RULE 47
SEC. 4. Jurisdiction over person of ANNULMENT OF JUDGMENTS OR FINAL ORDERS
respondent, how acquired.—The court shall acquire AND RESOLUTIONS of the RTC
jurisdiction over the person of the respondent by the
service on him of its order or resolution indicating its SECTION 1. Coverage.—This Rule shall govern
initial action on the petition or by his voluntary the annulment by the Court of Appeals of judgments or
submission to such jurisdiction. final orders and resolutions in civil actions of Regional
Trial Courts for which the ordinary remedies of new trial,
SEC. 5. Action by the court.—The court may appeal, petition for relief or other appropriate remedies
dismiss the petition outright with specific reasons for are no longer available through no fault of the petitioner.
such dismissal or require the respondent to file a
comment on the same within ten (10) days from notice. 1. Annulment of judgment – a remedy against a
Only pleadings required by the court shall be allowed. judgment which is already final and executory,
All other pleadings and papers, may be filed only with where the remedies of new trial, appeal, petition for
leave of court. relief and other remedies are already lost
SEC. 7. Effect of failure to file comment.—When 2. Distinction.
no comment is filed by any of the respondents, the case Appeal Annulment of judgment
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 judgment appealed The judgment is being Ruling: Yes. “Emanating as it did from a void
from is valid and the asked to be declared void. compromise agreement, the trial court had no
appellant is not asking its jurisdiction to render a judgment based thereon.
declaration of nullity.
The highly reprehensible conduct of attorney-
in-fact in the civil case constituted an extrinsic or
collateral fraud by reason of which the judgment
3. Requisites to avail of the remedy:
rendered thereon should have been struck down.
a. There is a judgment/final order or resolution in
a civil action,
Thus, completely unaware of its agent’s
b. Which was rendered by an RTC,
artifice, petitioner was not accorded even a fighting
c. The ordinary remedies of new trial, appeal,
chance to repudiate the settlement so much so that the
petition for relief or other appropriate remedies
judgment based thereon became final and executory.
are no longer available, and
d. The petitioner is without fault.
Fraud may assume different shapes and be
committed in as many different ways and here lies the
4. PADUA V. CA! Rule 47 may be availed of against
danger of attempting to define fraud. For man, in his
final judgments and orders either by RTC in civil
ingenuity and fertile imagination, will always contrive
actions or MTC. Hwoever, final judgments of quasi-
new schemes to fool the unwary.”
judicial tribunals such as NLRC, Ombudsman, CSC
, OP, order of the DAR secretary are beyond the
b. JUDGMENT IS VOID FOR LACK OF
reach of Rule 47.
JURISDICTION
" Note that where there is lack of due process, lack of
SEC. 2. Grounds for annulment.—The jurisdiction also results; hence, the judgment is
annulment may be based only on the grounds of void.
extrinsic fraud and lack of jurisdiction.
" Manner of attacking a void judgment:
Extrinsic fraud shall not be a valid ground if it was 1. DIRECT ATTACK
availed of, or could have been availed of, in a motion for - this is done where the judgment is void,
new trial or petition for relief. whether on its face or not
- file an action to declare the nullity of the
1. Grounds; The judgment is void because of— judgment (e.g. Rule 47)
a. EXTRINSIC FRAUD 2. COLLATERAL ATTACK
- this may be done only if the judgment is void
" This ground cannot be used if, it was availed of or on its face
could have been availed of, in a MFNT or petition
- there is no need to file a case because the
for relief.
nullity may be invoked anytime
notes:
1. when judgment N/v on its fce, file a direct
" Distinction.
action to annul under rule 447 or attack
Extrinsic Fraud Intrinsic Fraud collaterally. On the latter, hayaan mo lang;
Fraud done by the Fraud which was an issue raise the issue during execution. If you move
adverse party which in the litigation, e.g. for execution, I will oppose raising lack of
prevented a party from perjury, false testimony, jurisdiction.
having a trial or from concealment of evidentiary 2. But if judgment’s nullity is INTRINSIC! file a
presenting his case fully. facts, but did not prevent direct action for its annulment which must be
the party from presenting done BEFORE the action is barred by laches
his case or estoppel.
3. Certiorari is also a ground for attacking a
judgment.
A ground for annulment of Not so
judgment " Distinction.
Rule 47 Rule 65
Annulment of Judgment Certiorari
" Cosmic Lumber Corp. vs. Court of Appeals
While both are methods of attacking a void judgment,
(1996)
they differ in the following aspects—
Facts: An agent was tasked to evict the squatters in the
principal’s land by filing an ejectment case. While Grounds
pending, the agent concluded a compromise agreement Extrinsic fraud, lack of Lack of jurisdiction, excess
with the squatters, without the principal’s knowledge. It jurisdiction of jurisdiction, grave abuse
was approved by the court. of discretion
Issue: Can the judgment based on the compromise Time within which to file
agreement be annulled by the CA, where the fraud was
inflicted by the agent and not by the adverse parties?
Fraud – 4 years 60 days only judgment, but that could be barred by laches or
Lack of jurisdiction – estoppel.
anytime before
laches/estoppel sets in
What are attacked SEC. 4. Filing and contents of petition.—The
Final judgments Normally, interlocutory action shall be commenced by filing a verified petition
orders alleging therein with particularity the facts and the law
relied upon for annulment, as well as those supporting
the petitioner’s good and substantial cause of action or
BAYOG V. NATINO: it is a settled rule that a final and
defense, as the case may be.
executory judgment may be set aside in 3 ways:
1. By petition for relief from judgment under urle
The petition shall be filed in seven (7) clearly
38
legible copies, together with sufficient copies
2. When judgment is void for want of jurisdiction,
corresponding to the number of respondents. A certified
by direct attack, certiorari, annulment of
true copy of the judgment or final order or resolution
judgment or by collateral attack and shall be attached to the original copy of the petition
3. When judgment obtained by fraud and rule 38 intended for the court and indicated as such by the
cannot be applied anymore.
petitioner.
" Islamic Davao Counsel vs. Court of Appeals: “A
The petitioner shall also submit together with the
person who is not a part of the judgment may sue 6
petition affidavits of witnesses or documents supporting
for its annulment, provided he can prove that—
the cause of action or defense and a sworn certification
o The judgment was obtained thru fraud and
that he has not theretofore commenced any other action
collusion, and involving the same issues in the Supreme Court, the
o He would be adversely affected thereby.” Court of Appeals or different divisions thereof, or any
5 other tribunal or agency; if there is such other action or
- If the judgment had been fully executed and proceeding, he must state the status of the same, and if
implemented, the execution may also be he should thereafter learn that a similar action or
annulled. proceeding has been filed or is pending before the
Supreme Court, the Court of Appeals, or different
- If no execution yet, the proper remedy normally divisions thereof, or any other tribunal or agency, he
is to file an action for annulment with prayer for undertakes to promptly inform the aforesaid courts and
the issuance of a writ of preliminary injunction. other tribunal or agency thereof within five (5) days
therefrom.
2. SUMMARY OF REMEDIES OF A DEFENDANT
DECLARED IN DEFAULT SEC. 5. Action by the court.—Should the court
Remedy Ground/s find no substantial merit in the petition, the same may
Pending trial be dismissed outright with specific reasons for such
Motion to lift order of FAME dismissal.
default [Rule 9, Sec. 3(b)]
Judgment not yet final Should prima facie merit be found in the petition,
Motion for new trial [Rule FAME the same shall be given due course and summons shall
37] be served on the respondent.
Appeal [Rules 40-41] Default judgment is
" Upon receipt, the CA may—
contrary to law or
a. DISMISS the petition outright with specific
evidence
reasons therefor (if there is no substantial
Judgment final merit), or
Petition for relief [Rule 38] FAME
b. GIVE DUE COURSE to the petition and
Annulment of judgment Extrinsic fraud summons shall be served upon the respondent
[Rule 47] (if there is prima facie merit).
Certiorari [Rule 65] Lack or excess of
jurisdiction or grave abuse Note: under rule 47, summons will be served. Unlike in
of discretion rule 46, no summons duon.
6 Affidavit of merits (c.ref. Rule 37, Sec. 2 and Rule 38, Sec.3)
5 See Rule 47, Sec. 9.
void, without prejudice to the original action being re- jurisdiction of any court, tribunal, person or body
filed in the proper court. However, where the judgment exercising judicial or quasi-judicial functions; xxx”
or final order or resolution is set aside on the ground of
extrinsic fraud, the court may on motion order the trial GRANDE V. UP! Rule 47 does not govern jurisdiction
court to try the case as if a timely motion for new trial to annul judgment of the CA by the supreme court. It
had been granted therein. does not pertain to nullification of decisions of CA but
only in civil actions of RTC.
" Effects of judgment of annulment:
1. If based on lack of jurisdiction—
a. Questioned judgment, final order, or RULE 48
resolution is SET ASIDE and declared null PRELIMINARY CONFERENCE
and void
b. The original action may be re-filed in the This is like a pre-trial in the CA. purpose is the same
proper court. with rule 18 on pre-trial.
by the court. (c) Failure of the appellant to pay the docket and
other lawful fees as provided in section 4 of Rule 41;
“Rule 41, Sec. 1. Subject of appeal. xxx File it at ANYTIME BEFORE FILING OF
No appeal may be taken from: APPELLEE’S BRIEF! withdrawal is a matter
(a) An order denying a petition for relief or any similar of right. If may appellee’s brief na, it can be
motion seeking relief from judgment; allowed in the discretion of the court.
(b) An interlocutory order;
(c) An order disallowing or dismissing an appeal;
(d) An order denying a motion to set aside a judgment RULE 51
by consent, confession or compromise on the JUDGMENT
ground of fraud, mistake or duress, or any other
ground vitiating consent; SECTION 1. When case deemed submitted for
(e) An order of execution; judgment.—A case shall be deemed submitted for
(f) A judgment or final order for or against one or more judgment:
of several parties or in separate claims,
counterclaims, cross-claims and third-party A. In ordinary appeals.—
complaints, while the main case is pending, unless 1) Where no hearing on the merits of the main
the court allows an appeal therefrom; and case is held, upon the filing of the last pleading, brief, or
(g) An order dismissing an action without prejudice. memorandum required by the Rules or by the court
xxx" itself, or the expiration of the period for its filing.
# A default judgment is appealable because it is 2) Where such a hearing is held, upon its
a final judgment and not merely interlocutory. termination or upon the filing of the last pleading or
memorandum as may be required or permitted to be
# MINDANAO SAVIGNS V. VDA DE FLORES: filed by the court, or the expiration of the period for its
1. Failure to file notice of appeal on time! filing.
court has no jurisdiction over appeal
2. Failure to file brief! abandonment of B. In original actions and petitions for review.—
appeal leading to dismissal.
1) Where no comment is filed, upon the expiration adopted from those set forth in the decision, order, or
of the period to comment. resolution appealed from.
2) Where no hearing is held, upon the filing of the 1. Every decision or resolution of a court shall clearly
last pleading required or permitted to be filed by the and distinctly state the facts and the law upon
court, or the expiration of the period for its filing. which it is based. This rule applies to all courts.
3) Where a hearing on the merits of the main case 2. Effect of failure to follow the rule: The judgment
is held, upon its termination or upon the filing of the last is called a SIN PERJUICIO JUDGMENT, which is
pleading or memorandum as may be required or void.
permitted to be filed by the court, or the expiration of the
period for its filing. 3. Manner of compliance with the rule:
a. The CA may state the facts and the law in the
SEC. 2. By whom rendered.—The judgment shall decision/resolution itself, or
be rendered by the members of the court who b. It may adopt those set forth in the
participated in the deliberation on the merits of the case decision/order/resolution appealed from
before its assignment to a member for the writing of the (MEMORANDUM DECISION).
decision.
4. On memorandum decisions, the SC said in the
SEC. 3. Quorum and voting in the court—The case of Francisco vs. Permskul—
participation of all three Justices of a division shall be
necessary at the deliberation and the unanimous vote of “The Court finds it necessary to emphasize that the
the three Justices shall be required for the memorandum decision should be sparingly used
pronouncement of a judgment or final resolution. If the lest it becomes an addictive excuse for judicial
three Justices do not reach a unanimous vote, the clerk sloth. It is an additional condition for its validity that
shall enter the votes of the dissenting Justices in the this kind of decision may be resorted to only in
record. Thereafter, the Chairman of the division shall cases where the facts are in the main accepted by
refer the case, together with the minutes of the both parties or easily determinable by the judge and
deliberation, to the Presiding Justice who shall there are no doctrinal complications involved that
designate two Justices chosen by raffle from among all will require an extended discussion of the laws
the other members of the court to sit temporarily with involved. The memorandum decision may be
them, forming a special division of five Justices. The employed in simple litigations only, such as
participation of all the five members of the special ordinary collection cases, where the appeal is
division shall be necessary for the deliberation required obviously groundless and deserves no more than
in section 2 of this Rule and the concurrence of a the time needed to dismiss it.”
majority of such division shall be required for the
pronouncement of a judgment or final resolution. SEC. 6. Harmless error.—No error in either the
admission or the exclusion of evidence and no error or
" Procedure defect in any ruling or order or in anything done or
1. The case will be assigned to a division of 3 justices. omitted by the trial court or by any of the parties is
2. The 3 will deliberate on the merits on the case. ground for granting a new trial or for setting aside,
3. A unanimous vote is required to arrive at a modifying, or otherwise disturbing a judgment or order,
decision. unless refusal to take such action appears to the court
4. If unanimity is not reached, the clerk shall enter the inconsistent with substantial justice. The court at every
dissenting votes in the record. stage of the proceeding must disregard any error or
5. The division chairman shall refer the case and the defect which does not affect the substantial rights of the
minutes of the deliberation to the Presiding Justice. parties.
6. The Presiding Justice shall choose 2 other justices
by raffling to sit temporarily with the 3; hence, # General Rule: The CA must DISREGARD any
forming a special division of 5. error or defect in the appealed decision/order,
7. A majority of the 5 shall be required to arrive at a which does not affect the substantial rights of the
decision. parties. (HARMLESS ERRORS)
8. After the deliberation, the writing of the decision
shall be assigned to a member therein. " Non-correctible errors of the trial court:
a. Admission or the exclusion of evidence,
and
SEC. 4. Disposition of a case.—The Court of b. Error or defect in any ruling/order or in
Appeals, in the exercise of its appellate jurisdiction, may anything done or omitted by the trial court
affirm, reverse, or modify the judgment or final order or by any of the parties
appealed from, AND may direct a new trial or further
proceedings to be had. Exception: Where the refusal to take such action
appears to the court inconsistent with substantial
SEC. 5. Form of decision.—Every decision or justice
final resolution of the court in appealed cases shall
clearly and distinctly state the findings of fact and the
conclusions of law on which it is based, which may be SEC. 7. Judgment where there are several
contained in the decision or final resolution itself, or parties.—In all actions or proceedings, an appealed
judgment may be affirmed as to some of the appellants,
and reversed as to others, and the case shall thereafter in modern-day procedure is to accord the courts
be proceeded with, so far as necessary, as if separate broad discretionary power such that the appellate
actions had been begun and prosecuted; and execution court may consider matters bearing on the issues
of the judgment of affirmance may be had accordingly, submitted for resolution which the parties failed to
and costs may be adjudged in such cases, as the court raise or which the lower court ignored.
shall deem proper.
Technicality should not be allowed to stand in the
1. General Rule: An appeal by one party will not way of equitably and completely resolving the rights
benefit his co-parties, and the judgment becomes and obligations of the parties.”
final as to his co-parties who did not join the appeal
(even if the appealed judgment is wrong). b. Plain errors
SEC. 8. Questions that may be decided.—No d. Unassigned errors but which are closely related
error which does not affect the jurisdiction over the to or dependent on an assigned error
subject matter or the validity of the judgment appealed
from or the proceedings therein will be considered " Abejaron vs. Court of Appeals(1992): “An
unless stated in the assignment of errors, or closely unassigned error closely related to the error
related to or dependent on an assigned error and properly assigned, or upon which the determination
properly argued in the brief, save as the court may pass of the question raised by the error properly
upon plain errors and clerical errors. assigned is dependent, will be considered by the
appellate court notwithstanding the failure to assign
# General Rule: Only errors which are stated in the it as error.
7
appellant’s brief should be considered.
While an assignment of error which is required by
Exceptions: law or rules of court has been held essential to
appellate review, and only those assigned will be
a. Jurisdiction over the subject matter of the case considered, there are a number of cases which
appear to accord to the appellate court a broad
" Casa Filipino Royalty Corp. vs. Office of the discretionary power to waive this lack of proper
President (1995): “While the rule is that no error assignment of errors and consider errors not
which does not affect jurisdiction will be considered assigned.”
unless stated in the assignment of errors, the trend
This is just an extension of the rule that objections and defenses
7 8 This happens when a party agrees with a decision, but not with
not pleaded are deemed waived. its reason. In which case, he also makes a counter-assignment of errors.
2. Navarra vs. Court of Appeals: The Rules of Court SECTION 1. Publication.—The judgments and
allows only two (2) occasions where a party may final resolutions of the court shall be published in the
file a motion for new trial on the ground of newly Official Gazette and in the Reports officially authorized
discovered evidence. That motion may be filed only by the court in the language in which they have been
with the trial court under Rule 37 or with the CA originally written, together with the syllabi therefor
under Rule 52 but never with the SC. prepared by the reporter in consultation with the writers
thereof. Memoranda of all other judgments and final
“Time and again, We have stressed that the SC is resolutions not so published shall be made by the
not a trier of facts. It is not a function of the SC to reporter and published in the Official Gazette and the
analyze or weigh all over again the evidence authorized reports.
already considered in the proceedings below. Its
jurisdiction is limited to reviewing only errors of law SEC. 2. Preparation of opinions for
that may have been committed by the lower courts.” publication.—The reporter shall prepare and publish
with each reported judgment and final resolution a
SEC. 2. Hearing and order.—The Court of concise synopsis of the facts necessary for a clear
Appeals shall consider the new evidence together with understanding of the case, the names of counsel, the
that adduced at the trial below, and may grant or refuse material and controverted points involved, the
a new trial, or may make such order, with notice to both authorities cited therein, and a syllabus which shall be
parties, as to the taking of further testimony, either orally confined to points of law.
in court, or by depositions, or render such other
judgment as ought to be rendered upon such terms as it SEC. 3. General make-up of volumes.—The
may deem just. published decisions and final resolutions of the
Supreme Court shall be called “Philippine Reports,”
SEC. 3. Resolution of motion—In the Court of while those of the Court of Appeals shall be known as
Appeals, a motion for new trial shall be resolved within the “Court of Appeals Reports.” Each volume thereof
ninety (90) days from the date when the court declares it shall contain a table of the cases reported and the
submitted for resolution. cases cited in the opinions, with a complete alphabetical
index of the subject matters of the volume. It shall
SEC. 4. Procedure in new trial—Unless the court consist of not less than seven hundred, pages printed
otherwise directs, the procedure in the new trial shall be upon good paper, well bound and numbered
the same as that granted by a Regional Trial Court. consecutively in the order of the volumes published.
Under section 4, CA can receive evidence and act as a Powers of the functions of the SC:
trial court. It can conduct the new trial itself. 1. ADJUDICATION
a. Action
RULE 54 1.1. Civil—ordinary or special
INTERNAL BUSINESS 1.2. Criminal
b. Special proceeding
SECTION 1. Distribution of cases among
divisions.—All the cases of the Court of Appeals shall 3. DISCIPLINE
be allotted among the different divisions thereof for a. Judges/court employees
hearing and decision. The Court of Appeals, sitting en b. Lawyers (disbarment)
banc, shall make proper orders or rules to govern the
allotment of cases among the different divisions, the 4. RULE-MAKING
constitution of such divisions, the regular rotation of a. Rules of court
Justices among them, the filing of vacancies occurring b. Others: circulars/directives
therein, and other matters relating to the business of the
court; and such rules shall continue in force until PROCEDURE IN THE SUPREME
repealed or altered by it or by the Supreme Court. COURT
SEC. 2. Quorum of the court.—A majority of the RULE 56
actual members of the court shall constitute a quorum ORIGINAL AND APPEALED CASES
for its sessions en banc. Three members shall
constitute a quorum for the sessions of a division. The A. Original Cases
affirmative votes of the majority of the members present
shall be necessary to pass a resolution of the court en
SECTION 1. Original cases cognizable.—Only
banc. The affirmative votes of three members of a
petitions for certiorari, prohibition, mandamus, quo
division shall be necessary for the pronouncement of a
warranto, habeas corpus, disciplinary proceedings
judgment or final resolution, which shall be reached in
against members of the judiciary and attorneys, and
consultation before the writing of the opinion by any
cases affecting ambassadors, other public ministers and
member of the division.
consuls may be filed originally in the Supreme Court.
A. Concurrent original
a. Certiorari (a)Failure to take the appeal within the
b. Prohibition reglementary period;
c. Mandamus
d. Quo warranto (b) Lack of merit in the petition;
e. Habeas corpus
f. Cases affecting ambassadors and (c)Failure to pay the requisite docket fee and other
consuls (RTC) lawful fees or to make a deposit for costs;
g. (writ of amparo)
(d)Failure to comply with the requirements
B. EXCLUSIVE ORIGINAL regarding proof of service and contents of and the
c. Discipline of court personnel documents which should accompany the petition;
d. Discipline of lawyers
e. As electoral tribunal, Prsidential and (e)Failure to comply with any circular, directive or
VP election contests order of the Supreme Court without justifiable cause;
f. Challenges to declaration of martial
law and suspension of the privilege of (f)Error in the choice or mode of appeal; and
habeas corpus
(g)The fact that the case is not appealable to the
SEC. 2. Rules applicable.—The procedure in Supreme Court.
original cases for certiorari, prohibition, mandamus, quo
warranto and habeas corpus shall be in accordance with SEC. 6. Disposition of improper appeal.—
the applicable provisions of the Constitution, laws, and Except as provided in section 3, Rule 122 regarding
Rules 46, 48, 49, 51, 52 and this Rule, subject to the appeals in criminal cases where the penalty imposed is
following provisions: death, reclusion perpetua or life imprisonment, an
appeal taken to the Supreme Court by notice of appeal
a) All references in said Rules to the Court of shall be dismissed.
Appeals shall be understood to also apply to the
Supreme Court; An appeal by certiorari taken to the Supreme Court
from the Regional Trial Court submitting issues of fact
b) The portions of said Rules dealing strictly with may be referred to the Court of Appeals for decision or
and specifically intended for appealed cases in the appropriate action. The determination of the Supreme
Court of Appeals shall not be applicable; and Court on whether or not issues of fact are involved
shall be final.
c) Eighteen (18) clearly legible copies of the
petition shall be filed, together with proof of service on " Distinction.
all adverse parties. Rule 50, Sec. 2 Rule 56, Sec. 6
CA SC
The proceedings for disciplinary action against Effect of appeal erroneously taken
members of the judiciary shall be governed by the laws If only legal questions are If there are factual
and Rules prescribed therefor, and those against raised, it is dismissed questions raised in the
attorneys by Rule 139-B, as amended. outright. petition for review (on
certiorari), the SC may or
1. First filing – 18 copies (minimum) may not dismiss the
appeal.
2. Subsequent pleadings – depending on whether the
It will not be endorsed to If not dismissed, it may be
case is heard en banc (18 copies) or by division (9
the SC. referred to the CA.
copies)
B. Appealed Cases
SEC. 7. Procedure if opinion is equally
SEC. 3. Mode of appeal—An appeal to the divided.—Where the court en banc is equally divided in
Supreme Court may be taken only by a petition for opinion, or the necessary majority cannot be had, the
review on certiorari, except in criminal cases where the case shall again be deliberated on, and if after such
penalty imposed is death, reclusion perpetua or life deliberation no decision is reached, the original action
imprisonment. commenced in the court shall be dismissed; in appealed
cases, the judgment or order appealed from shall stand
" A petition for review on certiorari under Rule 45 is affirmed; and on all incidental matters, the petition or
the only mode of appeal to the SC. motion shall be denied.
3. Appealed cases
1991 Revised Rule on
a. First deliberation – re-deliberate
Summary Procedure for
b. Second deliberation – if still no majority vote is
Municipal Trial Courts
reached, the appealed case is AFFIRMED
However, under the ROC, the court may still require the
presentation of evidence ex parte. (optional)
Sec. 4. Duty of court.—After the court determines
that the case falls under summary procedure, it may, The court may award Award of damages shall
from an examination of the allegations therein and such damages even without not exceed the amount or
evidence as may be attached thereto, dismiss the case trial, but it may reduce be different from that
outright on any of the grounds apparent therefrom for whatever is pleaded for prayed for.
the dismissal of a civil action. being excessive or
unconscionable.
If no ground for dismissal is found it shall forthwith
issue summons which shall state that the summary
procedure under this Rule shall apply.
Sec. 7. Preliminary conference; appearance of
Sec. 5. Answer.—Within ten (10) days from parties.—Not later than thirty (30) days after the last
service of summons, the defendant shall file his answer answer is filed, a preliminary conference shall be held.
to the complaint and serve a copy thereof on the The rules on pre-trial in ordinary cases shall be
plaintiff. Affirmative and negative defenses not pleaded applicable to the preliminary conference unless
therein shall be deemed waived, except for lack of inconsistent with the provisions of this Rule.
jurisdiction over the subject matter. Cross-claims and
compulsory counterclaims not asserted in the answer The failure of the plaintiff to appear in the
shall be considered barred. The answer to preliminary conference shall be a cause for the
counterclaims or cross-claims shall be filed and served dismissal of his complaint. The defendant who appears
within ten (10) days from service of the answer in which in the absence of the plaintiff shall be entitled to
they are pleaded. judgment on his counterclaim in accordance with
Section 6 hereof. All cross-claims shall be dismissed.
Sec. 6. Effect of Failure to answer.—Should the
defendant fail to answer the complaint within the period If a sole defendant shall fail to appear, the plaintiff
above provided, the court, motu propio, or on motion of shall be entitled to judgment in accordance with Section
the plaintiff, shall render judgment as may be warranted 6 hereof. This Rule shall not apply where one of two or
by the facts alleged in the complaint and limited to what more defendants sued under a common cause of action
is prayed for therein: Provided, however, That the court who had pleaded a common defense shall appear at the
preliminary conference.
d) A clear specification of material facts which 5. Rural Bank of Malalag vs. Maniwang (1994)
remain controverted; Facts: The plaintiff filed its position paper, while the
defendants did not.
e) Such other matters intended to expedite the
disposition of the case. The judge denied the plaintiff's motion to resolve
arguing that there was a need to conduct “a hearing’ in
2. A preliminary conference is similar to a pre-trial, order to resolve the factual issues.
and thereafter, the court also issues a pre-trial
order. Ruling: Section 10 cannot be applied without complying
with Section 9.
Sec. 9. Submission of affidavits and position “It is clear from said provisions, that a court cannot
papers.—Within ten (10) days from receipt of the order resort to "clarificatory procedure," when the parties fail
mentioned in the next preceding section, the parties to submit their affidavits and position paper as required
shall submit the affidavits of their witnesses and other by Section 9 of the Rule.
evidence on the factual issues defined in the order,
together with their position papers setting forth the law It is only after evaluating the affidavits and position
and the facts relied upon by them. papers submitted by the parties that the court can
determine whether he should resort to the "clarificatory
Sec. 10. Rendition of judgment.—Within thirty procedure" provided in Section 10 of the Rule.
(30) days after receipt of the last affidavits and position
papers, or the expiration of the period for filing the If any of the parties fail to submit their evidence
same, the court shall render judgment. and position paper within the reglementary period, the
court cannot thereby set the "clarificatory procedure"
However should the court find it necessary to into motion. Otherwise, a party can derail the
clarify certain material facts, it may, during the said proceedings and defeat the purpose of the summary
period, issue an order specifying the matters to be procedure by not filing the affidavits of his witnesses
clarified, and require the parties to submit affidavits or and his position paper, thus forcing the court to resort to
other evidence on the said matters within ten (10) days said procedure.”
from receipt of said order. Judgment shall be rendered
within fifteen (15) days after the receipt of the last There is nothing to clarify under Section 10, if
clarificatory affidavits, or the expiration of the period for there are no affidavits filed by the parties. ☺
filing the same.
The court shall not resort to the clarificatory Sec.18 Referral to Lupon.—Cases requiring
procedure to gain time for the rendition of the judgment. referral to the Lupon for conciliation under the provisions
of Presidential Decree No. 1508 (now, RA 7160) where
1. This is the deviation from the ordinary rules. After there is no showing of compliance with such
receipt of the pre-trial order, the parties are required requirement, shall be dismissed without prejudice and
to submit within 10 days their respective position may be revived only after such requirement shall have
papers. been complied with. This provision shall not apply to
criminal cases where the accused was arrested without
2. There is no more trial and the case shall be decided a warrant.
based on affidavits (similar to Summary Judgment
under Rule 35). 1. Effects of non-referral to Lupon:
a. Case shall be dismissed without prejudice
3. If the affidavits are not clear, clarificatory affidavits b. May be re-filed only after compliance thereto
shall be required.
Sec. 19. Prohibited pleadings and motions.— 5. Memoranda – state the arguments in the position
The following pleadings, motions or petitions shall not paper
be allowed in the cases covered by this Rule:
6. Petition for certiorari, mandamus, or prohibition
(a) Motion to dismiss the complaint or to quash the against any interlocutory order issued by the court
complaint or information except on the ground of lack of
jurisdiction over the subject matter, or failure to comply 7. Motion to declare the defendant in default – the
with the preceding section; proper remedy is to file a motion for immediate
(b) Motion for a bill of particulars; judgment
(c) Motion for new trial, or for reconsideration of a
judgment, or for reopening of trial; 8. Dilatory motions for postponement
(d) Petition for relief from judgment;
(e) Motion for extension of time to file pleadings, 9. Reply, third-party complaints, interventions
affidavits or any other paper;
(f) Memoranda;
(g) Petition for certiorari, mandamus, or prohibition Sec. 20. Affidavits.—The affidavits required to be
against any interlocutory order issued by the court; submitted under this Rule shall state only facts of direct
(h) Motion to declare the defendant in default; personal knowledge of the affiants which are admissible
(i) Dilatory motions for postponement; in evidence, and shall show their competence to testify
(j) Reply; to the matters stated therein.
(k) Third-party complaints;
(l) Interventions. A violation of this requirement may subject the
party or the counsel who submits the same to
1. Motion to dismiss disciplinary action, and shall be cause to expunge the
" As a rule, the grounds for dismissal should be inadmissible affidavit or portion thereof from the record.
invoked as affirmative defenses in the answer, and
not in a motion to dismiss. Sec. 21. Appeal.—The judgment or final order
shall be appealable to the appropriate Regional Trial
Exceptions: Court which shall decide the same in accordance with
i. Lack of jurisdiction over the subject matter, Section 22 of Batas Pambansa Blg. 129. The decision
ii. Failure to refer case to the Lupon. of the Regional Trial Court in civil cases governed by
this Rule, including forcible entry and unlawful detainer,
" Heirs of Ricardo Olivas vs. Flor (1988) shall be immediately executory, without prejudice to a
Issue: The defendant filed his answer. Then later, he further appeal that may be taken therefrom. Section 10
filed a motion to dismiss, in the guise of a position of Rule 70 shall be deemed repealed.
paper. Can this be done?
1. The decision of the MTC is appealable to the RTC.
Ruling: Yes. “While this is, indeed, a prohibited pleading
it should be noted that the Motion was filed after an 2. The RTC decision is immediately executory, without
Answer had already been submitted within the prejudice to any appeal that may be taken
reglementary period. therefrom.
In essence, therefore, it is not the pleading
prohibited by the Rule on Summary Procedure. What 3. Remedy to stay the execution of the RTC decision:
the Rule proscribes is a Motion to Dismiss, which would File a TRO or injunction with the CA, not a motion
stop the running of the period to file an Answer and to stay the execution
cause undue delay.”