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APPEAL
RULES 44 47

ISSUES
RULE 44
Ordinary Appealed Cases
RULE 45
Appeal by Certiorari to
the Supreme Court
RULE 46
Original Cases
RULE 47
Annulment of
Judgments or Final
Orders and Resolutions
Applicability All cases appealed to the CA
under Rule 41 (Sec 1)

From judgment or final order
or resolution of (Sec 1):
1. Court of Appeals
2. Sandiganbayan
3. Regional Trial Court
4. Other courts whenever
authorized by law
Applicable to both civil and
criminal cases, except in
criminal cases where the
penalty imposed is death,
reclusion perpetua or life
imprisonment (Sec 9)
All cases originally filed
in the Court of Appeals
Apply to original actions of
certiorari, prohibition,
mandamus & quo warranto
(Sec 2)
Except as otherwise
provided (Sec 2):
1. Action for annulment of
judgments R 47
2. Certiorari, prohibition
and mandamus R65
3. Quo warranto R 66

Shall govern the
annulment of Court of
Appeals of judgments or
final orders and
resolutions in civil
actions of Regional Trial
Courts for which the
ordinary remedies of new
trial, appeal, petition for
relief or other appropriate
remedies are no longer
available through no fault
of petitioner (Sec 1)
An action to annul
judgment or final order of a
MTC shall be filed in the
RTC having jurisdiction;
shall be treated as an
ordinary civil action; Sec 2,
3,4,7,8 and 9 shall apply
(Sec 10)

Issues
Raised /
Grounds
Question of law or fact
raised in the lower court and
within the issues framed by
the parties, whether or not the
appellant has filed a motion
for new trial (Sec 15)
ONLY questions of law
(Sec 1)
Grounds (Sec 2)
1. Extrinsic Fraud not a
valid ground if it was
availed of or could have
been availed of, in a
motion for new trial or
petition for relief
2. Lack of Jurisdiction

2

Prescriptive period (Sec 3)
1. Extrinsic Fraud within
4 years from discovery
2. Lack of Jurisdiction
before it is barred by
laches or estoppel

Parties and
counsel
Title of the case shall be the
same as in the court of origin
(Sec 1)
However, the party appealing
shall be referred to as
appellant and the adverse
party as appellee (Sec 2)
Counsel and guardians ad
litem in the court of origin
shall be considered as such in
the CA (Sec 2)
When others appear or are
appointed, notice shall be
served to the adverse party
and filed with the court (Sec
2)

Parties (Sec 4)
Petitioner - appealing party
Respondent adverse
party
Parties (Sec 1)
Petitioner party instituting
the action
Respondent opposing
party

Procedure in
the court of
origin, if any


If original record or record on
appeal is not transmitted to
CA within 30 days from
perfection of appeal, either
party may file a motion with
trial court, with notice to the
other, for the transmittal of
such. (Sec 3)


Procedure in
the Court of
Appeals/SC
Docketing of Case (Sec 4)
1. Upon receiving the records
from the lower court, the clerk
of court of the CA shall
docket the case and notify
the parties thereof.
2. If appellant filed via record on
Petition
1. File with the Supreme
Court
a. verified petition for
review on certiorari (Sec
1)
b. Contents (Sec 4)
Petition (Sec 3)
1. Shall contain:
a. Full names & addresses
of petitioners &
respondents
b. Concise statements of
matters involved
Filing (Sec 4)
1. Verified petition alleging
fats and law relied upon
for annulment and
supporting petitioners
cause of action or
defense
3

appeal, he shall file with the
CA 7 copies of the approved
record on appeal, with proof
of service of 2 copies to the
appellee
3. Any unauthorized alteration,
omission or addition to such
record shall be a ground for
dismissal of the appeal.


Completion of Record
1. If record is incomplete, the
clerk of court shall (Sec 5):
a. inform the CA are
b. recommend measures to
complete such
c. take appropriate action
towards its completion the
shortest time possible
2. When records cannot be
completed within a sufficient
period due to insuperable or
extremely difficult causes, the
court, on its motion or on a
motion of the parties, may
declare that the record are
sufficient to decide the issues
raised and shall issue an
order explaining the reasons
for such declaration (Sec 6)

Filing of Brief/Memoranda
1. Appellants Brief
a. Appellants duty to file with
the court 7 copies of such
with proof of service of 2
copies upon the appellee
within 45 days from
receipt of the notice(Sec 7)
18 copies with original
copy indicated as such
Shall state:
o Full name of
appealing party as
petition and adverse
party as respondent
o Material dates
o Statement of matters
involved, reasons or
arguments relied on
o Clearly legible
duplicate original or
a certified true copy
of judgment/order/
resolution appealed
from
o Certification against
forum shopping
2. Within 15 days from
notice of judgment/order
/resolution OR of the
denial of motion for new
trial or reconsideration;
on motion and upon full
payment of fees, SC may
grant extension of 30 days
to file (Sec 2)
3. Pay docket and other lawful
fees to clerk of court of SC
and deposit P500 for costs
(Sec 3)
4. Proof of service on the
lower court and on the
adverse party shall be
submitted together with the
petition (Sec 3)



c. Factual background of
the case
d. Grounds relied upon for
the relief prayed for
2. Filed in 7 copies with proof
of service, original copy
indicated as such, cert true
copy of judgment and such
material portion of record
referred therein

3. Certification shall be
accomplished by proper
clerk of court or authorized
rep. or proper officer of
tribunal, agency or office
4. Certification of non-forum
shopping
5. Pay docket & other lawful
fees & P500 deposit costs
at time of filing
6. Failure to comply with any
of the above shall be
sufficient ground for
dismissal.

Jurisdiction over respon-
dent may be acquired by
(Sec 4) :
1. Service on him of courts
order; OR
2. Voluntary submission

Action by the court
1. Court may (Sec 5):
a. Dismiss the petition
outright with specific
reasons for such; OR
b. Require respondent to
file a comment within
2. Filed in 7 copies, with
sufficient copies for
respondents; cert true
copy of judgment/final
order/resolution attached;
the original indicated as
such
3. Submit petition affidavits
of witnesses or
documents supporting
cause of action
4. Submit certificate of non-
forum shopping

Action by the Court
1. Court may (Sec 5)
a. Dismiss outright with
specific reasons, if no
substantial merit
b. Give due course and
serve summons on
respondents, if found
with prima facie merit.
2. Procedure (Sec 6)
a. Observe procedure in
ordinary civil cases
b. Should trial be
necessary, reception of
evidence may be
referred to a member
of the court or a judge
of an RTC

Judgment of Annulment
1. Shall set aside questioned
judgment (Sec 7)
2. Render the same null and
void (Sec 7)
3. Without prejudice to the
original action being
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b. Contents (Sec 13)
Subject index with digest
of arguments and page
references, table of cases
Assignment of errors
Statement of the Case
cause of action; summary
of proceedings, etc.
Statement of Facts
narrative form of facts
admitted by parties and
those in controversy
Statement of issues of
fact or law to be
submitted to the court for
judgment
Argument arguments
on each assignment of
error with page
references to the record,
authorities relied
Relief the order or
judgment sought
For appeal via record on
appeal, the appellants
brief shall contain, as an
appendix, a copy of
judgment or order
appealed from
2. Appellees Brief
a. Appellee shall file 7 copies
of such brief with proof of
service of 2 copies upon the
appellant within 45 days
from receipt of appellants
brief (Sec 8)
b. Contents (Sec 14)
Subject index with digest
of arguments and page
references,
Action Taken by SC
1. Additional pleadings/
documents required (Sec
7) - to determine whether
petition should be
dismissed or given due
course, SC may require
filing of pleadings, briefs,
memoranda or docs
necessary, under conditions
it deems appropriate and
impose sanctions for non-
filing or unauthorized filing
or non-compliance with
conditions therefor


2. Dismissal or denial (Sec
5) SC may deny on the ff
grounds :
a. Failure to comply with
requirements on docket
& lawful fees, proof of
service, contents &
documents which
should accompany the
petition
b. Without merit
c. Prosecuted manifestly
for delay
d. Questions raised are
too unsubstantial to
require consideration

3. Review by SC (Sec 6)
a. Not a matter of right but
of sound judicial
discretion
b. Granted only for special
and important reasons,
10 days from notice
2. Only pleadings required by
the court shall be allowed;
all other pleadings and
papers may be filed with
LEAVE OF COURT. (Sec
6)
3. Court may conduct
hearings or delegate
reception of evidence to
any of its members or
appropriate court, agency
or office, when necessary
(Sec 6)
4. Upon failure to file
comment by respondent,
case may be decided on
basis of the record, without
prejudice to any disciple-
nary action against the
disobedient party (Sec 7)
refiled in the proper court
(Sec 7)
4. The prescriptive period for
refilling of original action
shall be deemed
suspended until the
finality of the judgment of
annulment, except when
the fraud is attributable
to the plaintiff in the
original action (Sec 8)
5. If annulled on the ground
of extrinsic fraud, the
court, on motion, may
order the trial court to try
the case as if a timely
motion for new trial has
been granted (Sec 7)
6. May include award of
damages, attorneys fees
and other relief (Sec 9)
7. If already executed, court
may issue orders of
restitution and other relief
as may warrant under the
circumstances. (Sec 9)

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Statement of Facts
state that he accepts
facts in the appellants
brief OR Counter-
Statement of Facts
points out insuf-
ficiencies or inaccu-
racies he believes exists
Argument in the case
of each assignment of
error
3. Appellants Reply Brief (Sec
9) appellant may file reply
brief answering points in the
appellees brief not covered in
his main brief, within 20 days
from receipt of appellees
brief
4. Memoranda in special
cases (Sec 10)
a. Applicable cases:
b. In lieu of briefs,
memoranda within a non-
extendible period of 30
days from receipt of
notice from clerk
c. Failure to file within such
period may be a ground
for dismissal of appeal
5. Several appellants / appel-
lees/counsel (Sec 11)
where there are several
appellants/appellees, each
counsel representing one
or more shall be served
with one copy of the briefs;
where there are several
counsels representing, copies
of the brief may be served to
any one of them.
such as the ff which are
neither controlling nor
fully measuring but
indicate the character of
the reasons to be
considered:
When the court a
quo has decided a
question of
substance, not
theretofore
determined by the
SC, or has decided
it in a way not in
accord with law or
with applicable
decisions of the SC
When the court a
quo has departed
from the accepted
and usual course of
judicial
proceedings, or so
far sanctioned such
departure bya lower
court, as to call for
an exercise of the
power of
supervision

4. Due Course (Sec 8) if
petition given due course,
the SC may require the
elevation of the complete
record of the case or
specified parts thereof
within 15 days from
notice

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6. Extension of time for filing
briefs (Sec 12) not
allowed, except :
a. for good and sufficient
cause AND
b. if the motion is filed
before the expiration of
the time sought to be
extended