NOTES IN CIVIL PROCEDURE

SOURCE: ESTOPIA 2013

By: Panky Obbania
RULE 37
MOTION FOR NEW TRIAL OR RECONSIDERATION
-fled within the period for taking an Appeal.
To WARRANT a new tra!" t#e new!$ %&'o(ere% e(%en'e:
1. Must have been disovered after trial
!. "ould not have been disovered and produed at the trial despite reasonable
diligene
#. $f presented% would probably alter the result of the ation
)ROUNDS FOR MOTION FOR NEW TRIAL
1. FAME whih ordinary prudene ould not have guarded against and by reason of
whih suh aggrieved party has probably been i&paired in his rights.
!. New!$ %&'o(ere% e(%en'e w' if presented would probably alter the result.
#. E*trn&' or Co!!atera! Fra+%-fraud w' prevents the aggrieved party fro& having a
trial or presenting his ase to the ourt% or was used to proure the (udg&ent without
fair sub&ission of the ontroversy
Intrn&' Fra+%,refers to ats of a party at the trial w' prevented a fair and (ust
deter&ination of the ase.
M&ta-e-one w' ordinary prudene ould not have guarded against.
E*'+&a.!e Ne/!/en'e-one w' ordinary diligene and prudene ould not have
guarded against and by reason of w' the rights of an aggrieved party have been
probably i&paired.
TEST o0 E1CUSA2LE NE)LI)ENCE-whether a party ated with ordinary
prudene while transating i&portant business.
MNT-&ust be supported by a3%a(t o0 4ert&% w' should state fats and not &ere
opinions or onlusions of law )re*uired only if the grounds relied upon are +AM,-
- AoM &ay be dispensed with if:
a. 5+%/4ent & n+!! an% (o% )ourt has no (urisdition over the defendant or
sub(et &atter.
b. Pro'e%+ra!!$ %e0e't(e- .udg&ent by default was rendered before the
regla&entary period to answer had e/pired.
. 0efendant was +nrea&ona.!$ %e6r(e% of his day in ourt.
1B: AoM are re*uired only in M12 not in M'3
PRO,FROMA MOTION- one w' does not o&ply with the re*uire&ents under 3ule #4.
-pleading that has the for& but no substane.
E7e't: Pro +or&a Motion for new trial or reonsideration &#a!! not to!! t#e
re/!e4entar$ 6ero% of Appeal.
)ROUNDS FOR MOTION FOR RECONSIDERATION 80,09
1. Da4a/e& awarded are e/essive
!. E(%en'e is insu5ient to (ustify the deision or fnal order
#. De'&on or fnal order is ontrary to law.
-"ourt ould &odify or alter a (udg&ent even after the sa&e has been e/eutory
W:ENEVER 'r'+4&tan'e& tran&6re ren%ern/ t& %e'&on +n;+&t an% ne<+ta.!e
PERIOD TO RESOLVE MNT or M=R, >30 %a$&? fro& the ti&e it is sub&itted for resolution.
N2: 2here an be seond &otion for new trial but NO seond Motion for 3eonsideration
)Rea&on: All litigation &ust o&e to an end at so&e point-
EFFECT o0 /rantn/ MNT: Original (udg&ent' fnal order .e (a'ate% and a'ton &#a!!
&tan% 0or tra! %e no(o@
-3ela/ation of 3ules of "ourt not possible if no valid (ustifation.
EFFECT o0 or%er 0or PARTIAL NEW TRIAL: 6hen less than all of the issues are ordered
3,23$,0% ourt &ay either )a- ENTER ;+%/4ent or fnal order as to the rest )b- STAA t#e
en0or'e4ent of suh (udg&ent or fnal order until after the new trial.
REMEDA: against order denying M12 or M'3 -APP,A7 +3OM 28, .90:M,12 O3 +$1A7
O30,3
NOTES IN CIVIL PROCEDURE
SOURCE: ESTOPIA 2013
By: Panky Obbania
RULE 3B
RELIEF FROM 5UD)MENTS ORDERS" OR OT:ER PROCEEDIN)S
Petton 0or Re!e0, is a legal re&edy whereby a party seeks to set aside a (udg&ent
rendered against hi& by ourt whenever he was un(ustly deprived of a hearing or was
prevented fro& taking an Appeal in either ase beause of +AM,.
- $n e;et% it is a seond opportunity for an aggrieved party to ask for new trial. 8Sa$4an
(&@ CA9

PRF5- Appliable to all kinds of <peial Proeedings
- $ntestate <ettle&ent% :uardianship Proeedings% 7and 3egistration
W#en an% :ow F!e%: , a verifed petition for relief &ust be fled w'in C0 %a$& after
petitioner learns of the (udg&ent% fnal order% or =ot#er 6ro'ee%n/> )inludes an order or
writ of e/eution% order dis&issing an appeal- to be set aside and not 4ore t#an C
4ont#& after suh (udg&ent or fnal order has been entered or suh proeeding has been
taken.
-&ust be ao&panied with a5davit of &erit alleging the grounds below.
)ROUNDS:
1. FAME 88eavy workload not a ground for e/usable negligene )7BP vs. ,li :"
1atividad% et al.-
!. ,/istene of a good and substantial ause of ation or defense.
-A2SENCE of AoM is a fatal defet and warrants the denial of the petition.
Two 6ero%& for the fling of a petition for relief are not e*ten%.!e and ne(er
nterr+6te%
1@ C0 %a$ 6ero%- rekoned fro& ti&e party a*uired knowledge of O'.'P
2@ C,4ont# 6ero%-o&puted fro& date of entry of order or (udg&ent in the book of
entries 1O2 fro& the date of order of default or the rendition of fnality of (udg&ent.
REMEDA: 0enial of Petition for 3elief fro& .udg&ent )P3+.- or an order disallowing or
dis&issing an appeal &ay only be hallenged through S6e'a! C(! A'ton o0 Certorar
under 3ule ?@. )Cro&& Re0eren'e-3ule D1" Se'@ 1 6ar . nterloutory" an% !a&t 6ar o0
&a4e r+!e-
Inter!o'+tor$: Petition for 3elief fro& the order of 0efault% Order denying an M'3 of the
default order. )1ot Appealable-
-B92 an order seeking to set aside the order of default is Ena! and therefore appealable
COURT ISSUES ODER TO FILE AN ANSWER-$f P3+. is su5ient in for& and in substane%
adverse parties fle their answer within 1@ days fro& the reeipt thereof. )Order Aopy of
petitionAAOM-
-FAILURE to fle an answer does not onstitute 0,+A972% even w'out an answer% the ourt
will still have to hear the petition and deter&ine its &erits.
2 :EARIN)S IN A PETITION FOR RELIEF
1. 8earing to deter&ine whether .'O'P should be set aside
!. $n the a5r&ative% hearing on the &erits of the ase.
NOTES IN CIVIL PROCEDURE
SOURCE: ESTOPIA 2013
By: Panky Obbania
RULE D1,APPEAL FROM T:E RE)IONAL TRIAL COURT
SU25ECT OF APPEAL
,Appeal &ay be taken fro& a (udg&ent or fnal order that o&pletely disposes of the
ase.
- ases not appealable-"O0A7 )refer to 3ule B1% se. 1 a-h- Re4e%$: 3ule ?@ of the
3O"
MODES OF APPEAL
a. Or%nar$ A66ea!-Appeal to "'A deided by the 32" in the e/erise of its Original
(urisdition be taken by fling a notie of appeal )1@ days fro& notie of fnal
(udg&ent or order or resolution% or fro& the date of its last publiation if publiation
is re*uired by law for its e;etively- w' the ourt w' rendered the (udg&ent or fnal
order. 1otie of Appeal need NOT be approved by the ourt w' rendered the
deision.
- $n ordinary appeal% reord on appeal is not re*uired e/ept in
1. <peial Proeedings
!. Other ases of &ultiple or separate appeals )e.g. ,/propriation-
RECORD ON APPEAL-appellant shall fle a notie of appeal and reord on appeal
w'in #C days fro& the notie of (udg&ent or fnal order. +A$793, of the 3'A to show
date of fling not a ground to dis&iss if appellate ourt had no way of heking.
- A4en%e% R=A is dee&ed to have been fled on the presentation of the original% w'
was done w'in the regle&entary period. I0 A4en%e% R=A was sub&itted after the
#C-day regle&entary period% it did not render the perfetion thereof ulti&ately.
)3odrigueD vs. "A-
.@ Petton 0or Re(ew, Appeal to "'A ases deided by the 32" in the e/erise of its
appellate (urisdition.
'@ A66ea! .$ Certorar, Appeal to <" under rule B@ in all ases where only *uestions
of law are involved'raised.
FUESTION OF FACTS VS@ FUESTION OF LAWS
Euestion is the orretness or falsity of an
alleged fat.
Euestion is what law is appliable in a given
set of fats.)"hees&an vs. $A"-
N2,Partial <u&&ary (udg&ent is interloutory order 1O2 a fnal (udg&ent ):uevarra vs. "A-
R/#t to A66ea! F1O2 a natural right or a part of due proess. $t is &erely a <2A292O3G
P3$H$7,:,% failure to o&ply with the re*uire&ents is fatal.
- FAILURE to pay appellate ourt doket fees )in full- and other lawful fees on ti&e is a
ground to dis&iss the appeal.)M.A. <antander "onstrution% $n. vs. Hillanueva-.
- FAILURE to perfet an appeal w'in the presribed period is .93$<0$"2$O1A7% hene
renders the (udg&ent fnal and e/eutory.
MOTION TO DISMISS AN APPEAL 2ARRED 2A LAC:ES, on the ground that the reord on
appeal does not ontain data showing that the appeal was perfeted on ti&e where the
&ovant allowed ? years after the fling of the brief elapse w'out &oving for the dis&issal of
the ase.
-$t is the duty of the trial ourt to deter&ine whether the appeal has been perfeted on ti&e.
Appellate ourt has the duty to e/a&ine reord on appeal if the printed reord does not
show date of fling.
-"lerial error anIt prevail over what atually appears on the reords
-2rial ourts approval of the reord on appeal serves to ure whatever defet or o&ission
o&&itted therein ) Co46a/ne %e& Me&&a/ere& (&@ CA-
- Un&/ne% reord on appeal &ay be given fore and e;et where no i&pair&ent of the
rights of the other party an be shown. 2he sa&e ould be re*uired to be signed )Tor.o"
et a!@ (&@ Monte;o" et a!@9
-A66ea!& TARDILA FILED &ay be allowed by the "ourt under the poliy of liberality.
2ehnial ob(etions &ay be disregarded to get the substantive issues raised. $t is the
"ourtIs inherent power to suspend the appliation of proedural rules when warranted in
relation to the ditu& the >a!! 'ontro(er&e& &#o+!% .e re&o!(e% on t#er 4ert&>.
)O4.+%&4an (&@ Pen%at+n )@ La;a" et a!@-
-,/eution shall issue as a &atter of right upon the period to appeal.
-2he perfetion of the appeal by one party does not operate to deprive the trial ourt of
(urisdition. <uh (urisdition is lost only upon the e/piration of the period to appeal by the
other party.
-After the perfetion of the appeal but before trans&ittal of the reord on appeal% 2" retains
(urisdition to set its order approving the 3'A with a view to further in*uiring whether said
3'A is o&plete or ontains error or not. )"abungal vs. +ernandeD-
EFFECT OF PERFECTION OF AN APPEAL
- <tays (udg&ent or fnal order. .udg&ent or order appealed fro& annot be fnal and
e/eutory until the appeal has been fnally resolved. )3ule B!% <e J )b-
- 2<1 of the proeedings &ust be ertifed by the stenographer onerned. $n appeals
fro& 32" to "A whether by 3'A or by the original reord% stenographers transribed
their notes and sub&it the transripts to "O" of the 2rial ourt% who &ust sub&it the
2<1 to the "O" of "A w'in #C days fro& the perfetion of appeal @8 Fran'&'o (&@
2o&a-
TRANSMITTAL, of the reord should be the sole responsibility of the "O"
- "O" of trial ourt shall trans&it to the appellate ourt
1. the original reord or the approved reord on appeal w'in #C days fro& the
perfetion of appeal
!. together with proof of pay&ent of the appellate ourt doket and other lawful fees
#. "2" of the &inutes of the proeedings
B. order of approval
@. ertifate of orretness
?. original dou&entary evidene
4. original # opies of the transripts.
MOTION TO DISMISS T:E APPEAL8Se'@ 13" R+!e D19-&ay be fled with the appellate
ourt )3ule @C se. 1 )b-