POST JUDGMENT REMEDIES 1. Before judgment becomes final and executory a. MFR b. MNT c. Appeal 2.

After judgment becomes executory a. PRJ b. Action to annul judgment c. Certiorari d. Collateral Attack of a Judgment 3. MFR a. directed against a judgment or final order b. not proceedings applicable in summary final and

j. Order denying a MFR is not appealable k. Remedy if MFR is denied: Appeal from the judgment or final order itself; not assailable by certiorari l. Effect of granting MFR: amendment of judgment or final order which supersedes the original judgment m. Single motion rule: 2nd MFR applies only to interlocutory orders 4. MNT a.filed within the period to appeal b. allowed motion for extension is not

c. not proceedings d. also claims cases

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e. effect: interrupts the period to appeal f. grounds: FAME (supported with affidavit of merit), newly discovered evidence g. resolved within 30 days h. fresh period rule is applicable i. also not appealable j. remedy: appeal from judgment or final order, certiorari the not

c. filed within the period to appeal (15 days after notice of judgment, 30 days ROA) d. Motion for extension of time to file MFR is not allowed e. Effect: interrupts period to appeal f. Grounds: damages are excessive, insufficiency of evidence, or decision is contrary to law g. Pro forma MFR shall not toll period to appeal h. Resolved within 30 days i. Fresh period rule - if motion is denied, the movant has a fresh period of 15 days to file a notice of appeal

k. effect of granting: judgment shall be vacated and the action shall stand for trial de novo l. partial: either enter a judgment as to the rest or stay the enforcement of the judgment until after the new

trial m. 2nd MNT is authorized 5. Appeals a. not appealable: i. order denying a petition for relief ii. interlocutory order iii. order disallowing dismissing an appeal or

v. plain and clerical error d. failure to pay docket fee within the reglementary period allows only discretionary dismissal not automatic dismissal e. Appeal from MTC to RTC R40 i. MTC (OJ) - RTC (AJ) ii. period: 15 days NOA, 30 days ROA ( spec.pro, multiple appeals) iii. file NOA with the MTC iv. perfection: NOA upon filing; ROA upon approval v. LOJ (affirmation): RTC to try the case on the merits as if the case was originally filed with it f. Appeal from RTC to the CA (ordinary appeal) R41 i. RTC (OJ) - CA ii. Residual Jurisdiction authority of a trial court to issue orders for the protection and preservation of the rights of the parties which do not involve any matter litigated by the appeal g. Petition for Review from RTC to CA R42 i. RTC (AJ) - CA ii. file verified petition for review with the CA ii. indicate material dates showing that the petition was filed on time

iv. order denying to set aside judgment by consent, confession or compromise on the ground of fraud, mistake, or duress, or any ground vitiating consent v. order of execution vi. order to several parties or in seperate claims, crossclaims, counterclaims and TPC while the main case is pending vii. order dismissing action without prejudice an

b. remedy if judgment or order is not appealable: certiorari 65 c. errors not raised on appeal may be considered: i. affects the jurisdiction over the subject matter ii. affects the validity of the judgment iii. affects the proceedings iv. error closely related or dependent on an assigned error

iii. dismissal (motu proprio or upon motion) iv. residual jurisdiction also applies v. appeal shall stay the judgment or final order (except civil cases decided under summary procedure) h. Appeal by Certiorari to the SC R45 i. RTC (OJ) - SC ii. only questions of law iii. also appeals from the decision of the CTA en banc iv. appeals from the judgment or final orders or resolution of the SB v. appeals from a judgment in a petition for a Writ of Amparo/ Writ of Habeas Data vi. applies to civil and criminal cases (except: death, RP, or Life imprisonment) vii. verified petition viii. filed within 15 days from notice of judgment ix. extension of 30 days: motion for extension of time is duly filed and served; full payment of fees; before the expiration of the reglementary period i. Appeals from Quasi-judicial bodies R43 i. QJB - CA

ii. file a verified petition for review iii. not stay the award, judgment, final order or resolution (unless CA directs otherwise) iv. NLRC - CA (R65, 60 days) v. SB - CA (R45, PQL, penalty is less than DRL) vi. Ombudsman: administrative disciplinary cases (R43); criminal cases (R65) vii. COMELEC/COA (R64) (30 days) viii. CSC (R43) ix. OP (R43) 6. Petition for Relief from Judgments, Orders or other Proceedings (R38) a. unjustly deprived of a hearing or was prevented from taking an appeal because of FAMEN b. a party who has filed a motion for new trial but which was denied, cannot file a petition for relief (exclusive of each other) c. grounds: judgment or final order is taken against the petitioner in any court through FAMEN; petitioner has been prevented from taking an appeal by FAMEN d. filed within 60 days after learning of the judgment AND not more than 6 months after such judgment or final order was entered or such proceeding was taken e. verified petition with affidavit of merit

f. preliminary injunction may be availed of 7. Annulment of Judgments or Final Orders or Resolutions (R47) a. grounds: extrinsic fraud and lack of jurisdiction or denial of due process b. Period: EF (4 years from discovery); LOJ (before it is barred by laches or estoppel) c. petitioner need not be a party to the judgment sought to be annulled d. effect: null and void but is without prejudice to the refiling of the original action in the proper court 8. Certiorari R65 9. Collateral Attack of a Judgment