Finals!
▪ This is what we call the
March 3, 2014 !
!
Rule 40!
APPEAL FROM MTC TO RTC!
!
A. Where to appeal:!
• Appeal to the RTC which exercises
TERRITORIAL JURISDICTION over the
place where that MTC is situated. !
!
EX1: RTC of Cebu – it exercises jurisdiction over Cebu
City, Talisay City, Minglanilia, Naga, San Fernando up
to Carcar.!
!
EX2: RTC of Mandaue – jurisdiction over Mandaue,
Consolacion, Lilo-an!
!
EX3: RTC of Danao – jurisdiction over Danao,
Compostela, Carmen, Catmon, Sugod and Camotes
Island. !
! !
B. When to Appeal:!
• 15 days – for Notice of Appeal!
• 30 days from the time you receive the
decision of the court - if records on appeal is
required – special proceedings OR it
involves multiple appeal!
*Special Proceedings – where a person seeks to
establish a status or a right.!
EX1: Settlement of Estate – where the heirs will have
to establish their right as a legitimate child. !
EX2: Adoption!
!
*Multiple Appeal – where a portion of the case can
be appealed and the remaining potion is still to be
tried. !
! • 48 hours – Habeas Corpus Cases – it needs
to be resolved immediately because it
! involves liberty of a person.!
• Period is interrupted by motion for
reconsideration or new trial – Neypes v. CA
— fresh period of 15 days to appeal upon
denial of the Motion for Reconsideration, in
order to have uniformity in the Rules (see
also Rules 42 and 43)!
!
C. How to appeal (MODES OF APPEAL)!
• Appeal by Notice of appeal – only if the
case decided by the MTC is an ordinary civil
action (collection of sum of money, breach of
contract, ownership of land, recovery of
•
personal possession)!
Appeal by Records on appeal in special
proceedings and multiple appeal!
o also require notice on appeal – file
the notice, then transmit the records. !
!
*Why is there a difference of the periods? Because
in: !
• In Notice to Appeal (15 days), it is very
easy for lawyers to do that – 5-10mins
lang. From the moment you receive the
decision, you can file directly the notice. 1
paragraph lang, just say there: “notice is
hereby given” – FILED IN THE MTC!
o State that you received the decision!
o State the date when you have
received the decision!
o State the date when you filed the
notice!
MATERIAL DATA RULE –
IMPORTANT!
MATERIAL DATA RULE – the material dates that you
must state in your appeal because it is jurisdictional.
Without those dates, the appeal shall be denied. –
IMPORTANT!
! • In Records of Appeal (30 days) – this one
takes time – you must submit a SUMMARY
of all that had transpired in the court IN
CRONOLOGICAL ORDER – the facts and
order of the court.!
o All the pleadings!
o
o
All resolutions!
All motions!
o All their dates!
o
o
Copy of all the answers!
All must be CERTIFIED BY THE
COURT – TANAN! !
IF Notice of Appeal - the 15 DAYS – NOT
EXTENDIBLE !
IF Records on Appeal – 30 DAYS – EXTENDIBLE –
you can ask for another 30 days — IMPORTANT!
!
D. How appeal is perfected: (Rule 41, sec 9)!
• Deemed perfected from the moment the
appellant files his notice of appeal but
perfected only as to him.!
o THUS, IT IS NOT YET PERFECTED
TO THE OTHER PARTY – WHY? !
▪ Because that other party, the
winner of the case, can also
appeal the decision – he is
not yet contented of the
decision!
EX: Kaso ta, daug ka. But then you appealed because
you feel that the court is also wrong in its decision. You
are not contented of the damages given. !
!
Q: So when will the appeal deemed perfected to the
other party who did not appeal?!
A: It is deemed perfected when the time to appeal of
the other party EXPIRES. !
• SIMPLIFY: Ang imo Kuntra ni appeal na –
perfected ONLY as to him ra na. !
o On your part: You received the
decision. You won the case. You don’t
want to appeal (daug na gd ka!).
However, you still have that 15-day
period to appeal – WHEN THAT 15
D AY S E X P I R E – A P P E A L I S
DEEMED PERFECTED AS TO YOU.!
!
*So the appeal is deemed perfected AS TO BOTH
PARTIES when the APPELLANT FILED an appeal
AND when the period to appeal of the APPELLEE
EXPIRES - IMPORTANT!
!
Effect of the Perfection of the Appeal – the court
loses jurisdiction. Jurisdiction transfers to the
Appellate Court.!
• BUT, even if the MTC loses its jurisdiction, the
court of origin still retains RESIDUAL
JURISDICTION!
*Residual Jurisdiction – the court of origin can still
entertain motions for the preservation of the protection
of the rights of either party. This includes:!
• Motion for immediate execution!
• Issue discretionary execution!
• Grant compromise!
• Grant Withdrawal!
• An all other motions not litigated on appeal!
!
1
When will the Residual Jurisdiction Expires? Until
the records of that case are transmitted to the appellate
court.!
!
E. Payment of appellate court docket fee and other
lawful fees:!
• IN THE OLD RULES: appeal from MTC to
RTC, you pay to the RTC !
o Before you have to wait for the RTC
to send you notice so that you will
pay. - abtan kag months or even
years in waiting!
• NOW: pay in the MTC – pay it in the court of
origin – PAY IT AT THE SAME TIME!
!
Q: Can you file notice of appeal even without
paying the docket fee AT THE SAME TIME? !
A: YES. For as long as you pay the docket fee within
the 15 days!
!
“MANDATORY: But the court may make exception
on justifiable cause”!
Q: What happens if you did not pay the docket fee? !
A: It is not a ground of dismissal. Your appeal will not
be denied simply because you did not pay
BECAUSE IT IS NOT ONE OF THE
JURISDICTIONAL REQUIREMENTS OF THE
PERFECTION OF THE APPEAL OF THE MTC
DECISION.!
• This will be different in the RTC Decisions
to the CA – because one of its grounds of the
denial of the appeal is the non-payment of
! docket fee.!
SIMPLIFY: - IMPORTANT!
• MTC to RTC – non-payment of docket fee –
APPEAL WILL NOT BE DENIED!
• RTC to CA – non-payment of docket fee –
APPEAL SHALL BE DENIED.!
!
F. Duty of Clerk of Court of MTC:!
• When the clerk of MTC receives the record,
he shall forward the records of the case to
RTC within 15 days. !
o If clerk of RTC – 30 days to forward to
CA!
Q: If the clerk of MTC fails to transmit the record
within 15 days to RTC, does the Judge of the MTC
still have residual power over the case? !
A: YES. The provision in the rules of court is clear that
the court of origin shall retain residual jurisdiction until
the records are transmitted. !
!
*As long as records are not transmitted, the court
of origin can exercise residual jurisdiction. !
!
G. Duty of Clerk of Court of RTC:!
• Once appeal is perfected, clerk of RTC will
sent notices to the appellant and the
appellee – that the records are now in the
RTC!
• Parties will then be required to submit their
Memorandum on Appeal.!
!
H. When to file Appellant’s Memorandum!
• Within 15 days upon the notice of the RTC
requiring you to file!
• Here, the appellant will mention what are the
errors committed by the MTC, which needs
correction. Failure to file within 15 days is a
ground to dismiss the appeal.!
• It shall be supported with articles and
jurisprudence!
• Before he will file it to the RTC – HE MUST
FURNISH COPY TO THE APPELLEE!
2!
o The court will not entertain your
memorandum if there is no proof of
service to the other party!
o So IKAW MISMO ang muhatag sa
appellee – NOT THE COURT.!
!!
I. When to file Appellee’s Memorandum!
• Within 15 days, upon receiving the
memorandum of the appellant. !
• The appellee may or may not file a
memorandum — not a ground to dismiss!
!
Q: Is the memorandum MANDATORY?!
A: Mandatory only as to the APPELLANT. Not on
appellee. !
• So if Appellant did not file – DISMISS -
mandatory!
• When he furnished copy to the appellee and
latter did not file – COURT CAN STILL
DECIDE THE CASE WITHOUT APPELLEE’S
MEMORANDUM. – not mandatory. !
o But it’s better if you will file. It is your
job to defend the decision of the MTC,
that it is correct in its decision. !
!!
J. When is the case deemed submitted for
decision?!
• When the appellee files his memorandum!
• OR when the appellee DID NOT file his
memorandum!
!
Q: How will RTC decide the appeal from decision of
the MTC dismissing a case on the ground of lack of
jurisdiction where there is no presentation of
evidence?!
K. Appeal from order of the MTC dismissing the
case without trial for lack of jurisdiction:!
• Here the RTC will determine whether MTC is
correct or not correct in dismissing the
case. !
o If the RTC finds that MTC is
CORRECT in dismissing the case
(that MTC don’t have jurisdiction) –
RTC will ASSUME JURISDICTION.!
EX: You file collection of money of 1M in the MTC –
obviously the correct jurisdiction is with RTC. MTC will
dismiss the case because it does not have jurisdiction. !
If the RTC find that MTC really does not have
jurisdiction, they will say that the MTC is correct in
dismissing the case. Thus, they will assume the
jurisdiction and decide the case. !
!
If the RTC finds that MTC is WRONG in dismissing
the case (that it does have jurisdiction – it should
not have dismissed it) – RTC will remand the records
of the case.!
!
*Now what if the RTC has no jurisdiction? – WHEN
THE JURISDICTION BELONGS TO A QUASI-
JUDICIAL BODY – there is no trial of the merits of
the case.!
EX: Agrarian Land Dispute filed in MTC. MTC
dismissed the case because of lack of jurisdiction.
Appealed to the RTC. RTC said that the MTC is correct
in dismissing because the jurisdiction belongs to
DARAB. !
!
! RTC will have to dismiss the appeal. WHY?!
• It cannot remand the case to the MTC
because MTC does not have jurisdiction!
• And SAMUT NA NGA it cannot also
assume jurisdiction because RTC also
!
 does not have jurisdiction – it belongs to 6. Order of Execution – execution na gd, unsa pay
the DARAB.! e.appeal nmu? Period of appeal has already expired. !
• SO NO OTHER CHOICE BUT TO DISMISS REMEDY: Petition for Relief from Judgment!
THE CASE. - IMPORTANT!
! 7. Partial Judgment – remaining case is still pending
unless the court provide otherwise!
L. Applicability of Rule 41!
! ! 2 Kinds of Partial Judgment:!
Rule 41!
APPEAL FROM RTC TO CA!
!
- EX1: Several Judgment – more than 2 parties to
Decisions of the RTC in the exercise of its original
a case. 1 Plaintiff, 2 defendants. Suppose the court
jurisdiction are appealable to the Court of Appeals.!
!
Original Jurisdiction – case filed ORIGINALLY in the
will decide the case so far as the defendant 1 is
concern because he is finish in presenting evident.
Then defendant 2 dayon.!
RTC. !
! !
- EX2: Separate Judgment – 1 plaintiff, 1
Rule 41 vs Rule 42!
• defendant. But there are many claims by the
Rule 41 – Appeal from RTC decision rendered
plaintiff. Now 1 claim can readily be decided by the
in its original jurisdiction!
• court because all the evidences are already in, then
Rule 42 – appeal from RTC decision rendered
the court can decide on that 1 claim alone. !
! in its appellate jurisdiction.!
!
*In these cases – !
A. Kind of decision of the RTC appealable to CA!
GR: THE JUDGMENT IS NOT YET APPEALABLE!
Refers only to ALL judgment or final orders that
EXCEPT: When the court says otherwise – court
completely disposes the case. !
allows you to file an appeal on that separate
*FINAL JUDGMENT – judgment of the court that
judgment or several judgment. – !
completely disposes the case. Nothing left to be done
IMPORTANT – so ask the court first before you
by the court. !
appeal.!
! - if there is still something to be done by the
court, it is just an interlocutory order – NOT
!
8. Order dismissing an action WITHOUT
APPEALABLE (certiorari only under Rule 65) -
PREJUDICE!
IMPORTANT!
! !
*2 Kinds of Dismissal of the Case:!
B. Kind of Final Judgment!
• -Dismissal WITHOUT Prejudice – the plaintiff can re-
One that disposes a case – here, there is no
file the case!
more merit to be discussed by the court – this
- Here, you don’t have to appeal. Your remedy
is the kind that is FINAL - APPEALABLE!
• is to RE-FILE THE CASE - IMPORTANT!
One that is subject to execution – when the
-Dismissal WITH Prejudice – that’s the end, you
court decides, 15-day period lapses – the
cannot re-file the case – so if you are the plaintiff, that’s
decision shall be executed by the sheriff –
the end of the world for you. !
this is the kind that is FINAL AND
! - Here, your only remedy is to go up – go for
EXECUTORY – YOU CANNOT APPEAL!
an appeal !
*”some authors said that it is the 2nd kind but for me - it
is the first kind that we are talking about here.” – simply !
*What are these dismissal with prejudice – “Let’s go
put nga EXECUTORY na gd, lapse na ang 15 days to
appeal – so execute na dayun, di na ka.appeal.! back to Rule 16 – MOTION TO DISMISS – under
! motion to dismiss, there are 10 grounds.” – some of
!
Orders of the Court which are NOT APPEALABLE:!
these grounds are WITH prejudice!
• Res Judicata!
!
1. Order denying Motion for New Trial or
•
•
Abandonment of the case!
Statute of Fraud!
- so if the court dismiss your case by reason of these 3,
Reconsideration !
your dismissal is WITH PREJUDICE!
REMEDY: Appeal from the Judgment itself – - NOW WHAT WILL HAPPEN IF THE CASE
IN THE MAIN CASE. Not the order denying WILL DISMISS THESE CASES BUT
the motion. – IMPORTANT! WITHOUT PREJUDICE? – The court is
2. Order denying Petition from Relief from wrong, YOUR REMEDY IS CERTIORARI -
Judgment – this is the remedy from a decision which IMPORTANT!
is Final and Executory (file 60 days from knowledge of ! !
the judgment, but not later than 6months). ! C. Modes of Appeal – from RTC to Court of Appeals
3. Interlocutory Order! appeals here is the same with the Appeal from MTC to
RTC!
4. Order disallowing an appeal!
REMEDY: Mandamus – compel the court to !
1. Ordinary Appeal under Rule 41!
accept the appeal.!
5. Order denying to set aside judgment by consent • As discussed in Rule 40, it only take 5-10mins to
or upon compromise! accomplish this!
• This judgment is immediately executory – • By Record of Appeal also – discussed already in
NOT APPEALABLE.! rule 40!
• WHY? Because it is the product of the mutual 2. Petition for Review under Rule 42 – appeal from
agreement of the parties ! the Decision of the RTC in the Exercise of its
Appellate Jurisdiction!
*But if you find out that the other party
applied fraud that made you sign the • So the case actually started in MTC and appeal to
compromise agreement, what is your the RTC – when the latter decides the case and
REMEDY? FILE SEPARATE ACTION TO SET you are not contented – you can appeal to the CA
ASIDE THE JUDGMENT – IMPORTANT! by Petition for Review – not by ordinary appeal!

3
3. Appeal by Certiorari under Rule 45 – appeal F. When and Where to pay appellate court a docket
directly to the Supreme Court; you don’t have to pay and other lawful fees: - the same as Rule 41!
go to CA! • Pay the docket fee in the RTC!
• This is only allowed if you will appeal on pure • Failed to Pay: DISMISSAL!
questions of law! o REMEMBER: In rule 40, non-
payment is not a ground. But in here,
• If there is question of facts/ mixture of facts and
NON-PAYMENT IS DISMISSAL. !
!
law, you will have to pass CA!
!
G. Notice of Appeal Contents – !
*In Criminal Procedure, there is a mode of appeal
remember the Material Data Rule; two important
which can be taken directly be the SC –
dates. Date decision is received and date when the
AUTOMATIC REVIEW!
• appeal is filed. 

Applies only when the decision of criminal
NOTE: Failure to include these dates is a ground to
case involves Death Penalty!
DISMISS the appeal.!
• This is AUTOMATIC, so even if the accused
does not want to appeal – bahalag
!
H. Record on Appeal:!
ganahan pa sya m.sit in the electric chair –
(file first the Notice of Appeal)!
SC shall take his case. !
!
*Back to Civil Procedures, the case shall be
• Summary of the entire proceedings where you
reproduce all the pleadings, motions, order
of the court in connection of the case. !
elevated directly to the SC when the case involves
*Why are you required to file records on appeal in
PURE QUESTION OF LAW. !
• Special Proceedings and Multiple Appeal? Because
The decision appeal here is done in the RTC’s
in these cases, the records will still remain with the
Original Jurisdiction!
RTC – this only means that the case is not yet over in
So what happens if the case is decided in the
the lower court.!
RTC’s Appellate Jurisdiction?!
EX1: Expropriation Cases. You property is
! MTC decided the case. You appealed to the
expropriated. Here there are 2 stages – first is to
RTC. You want to appeal the decision of the RTC – on
determine if the property can be expropriated and
pure questions of law. – WE APPLY HERE RULE 42.!
second is determination of just compensation. !
! You cannot go directly to the SC, you must go
! Now when the lower court determines that the
to the CA. We will discuss this later in Rule 42. !
!
D. Period of Appeal!
property can be expropriated – you disagree and you
appealed – CAN YOU DO THAT? YES! – but the case
• is not yet over. There is still that 2nd part – so probably
Appeal by Ordinary appeal — 15 days!
• RTC will not transmit the record to CA because wa
Appeal by Records on Appeal — 30 days!
pa gd nahuman.!
!
• Habeas Corpus — 48 hours!
!
EX2: Partition – 1st is the determination of the owner.
E. Interruption of period to appeal by motion for
2nd is the actual partition. So after the decision of the
new trial or motion for reconsideration. !
• court of who are the owners, you want to appeal. But
The filing of motion for new trial or motion for
he case is not yet over. !
reconsideration interrupts the running of
the period.!
!
!
No motion for extension of time to file motion for new
*And because those records are kept by the RTC –
THAT IS WHY YOU MUST MAKE YOUR OWN
RECORD TO BE PASSED TO THE CA. !
trial or reconsideration. (See: Neypes vs CA Sept. 14, • These records must be certified by the RTC. !
2005)!
• o So it is SUBJECT TO THE
The appellant should be given a fresh period
APPROVAL OF THE COURT.!
to appeal upon receipt of the denial.!
! •
The court in this case even discussed Rule 42
• When you submit it to the CA, it must be
certified again by the CA!
o Because your records might not be
and Rule 43 – that once you file motion for
complete!
recon or new trial - it not only stops and
▪ The other party can comment/
interrupts – IT ALSO GIVES YOU FRESH
object that there are important
PERIOD.!
• records omitted – so the CA
WHY? Because if you read Rule 42 and Rule
can order you to AMEND
43 – “you have 15 days to file an appeal
THE RECORDS. !
from the judgment or NOTICE OF AN
*If it is by Records of Appeal – IT IS THE
ORDER DENYING YOU MOTION FOR
APPROVAL OF THE APPEAL BY THE CA THAT
RECONSIDERATION.”!
PERFECTS THE APPEAL. Not the filing of the
o So the rule is clear that you will have
records.!
o
15 days again.!
So the SC said, “if we have that rule
!
I. Approval of the Records on Appeal:!
in Rule 42 and Rule 43, WHY DON’T • If no objection, within 5 days!
WE ALLOW THAT TO RULE 41? • Order amendment to be complied within 10
The rules on appeal (MTC to RTC
days!
and RTC to CA) must be applied in • The appeal by Records on Appeal is deemed
UNIFORMITY” – IMPORTANT!
perfected when the court APPROVES the
▪ So the court disobeyed the
records on appeal. Not upon mere submission!
PRINCIPLE:!
rules they specifically made.!
!
J. Joint records on appeal:!
GR: WHEN YOUR MOTION TO RECON OR NEW • The court may extend the period to file
TRIAL IS DENIED, YOU WILL HAVE ANOTHER
records on appeal.!
FRESH PERIOD OF 15 DAYS TO FILE AN APPEAL!
• In conformity of Rule 42 and Rule 43.!
!
! Effect of perfection of appeal: the Court loses
jurisdiction over the case.!

4! !
!
March 8, 2014!
“We will discuss Rule 42 and rule 43 in one setting so
that you will easily determine the difference of 2 modes
of appeal.”!
So this time, bahalag mag balik2 ang slides ug
discussions. I’ll try to go with the flow. !
!
Duty of the Clerk of Court upon perfection of appeal:!
1. To verify correctness of original records and certify
its correctness;!
2. To verify completeness of records!
3. If incomplete, to complete it;!
4. To transmit records to appellate court!
!
N.B. If efforts to complete records fail, to state in its
transmittal letter the reason for failure…!
!
Dismissal of Appeal: The court may motu proprio or on
motion dismiss the appeal on the following grounds:!
1. appeal taken out of time;!
2. non-payment of docket fees!
! •
! original or true copy of the judgment or
! final orders appealed;!
! o
! must contain the Stamp of the
! Rule 42!
!
PETITION FOR REVIEW FROM RTC TO CA!
! This refers to the petition for review to the CA
from the decision of RTC in the exercise of its IN ITS
APPELLATE JURISDICTION. !
!
RECALL:!
• If in Original Jurisdiction – Rule 41!
!
A. How appeal taken:!
• By verified petition;!
• Paying at the same time the docket fees and
other lawful fees with the CA;!
• Deposit P500 for cost;!
• Furnish the RTC and adverse party a copy of
the petition.!
!
B. When to file:!
• Within 15 days from notice of decision OR
denial of motion for reconsideration or
new trial;!
o Basis of the fresh 15 days –
(NEYPES CASE)!
o File it DIRECTLY TO THE CA!
• The CA may grant extension of time to file
petition for 15 days ONLY after complying
with the prior conditions of payment of
docket fees and cost of P500.!
o Can it be EXTENDED? YES.!
▪ You must first comply with
condition precedent –
PAY M E N T O F D O C K E T
FEES - IMPORTANT!
• There should only be 1 extension allowed!
• No further extension except for most
compelling reason.!
o What are the compelling reasons?
IT’S UP TO THE CA!
!
C. Forms and Contents of Petition for Review:!
• Petition shall be in 7 legible copies;!
o Out of that 7 copies – you must
specify which is the ORIGINAL!
o Why 7? “I do not know” – basin ila
ning baligya!
• State the full names of the parties without
impleading the lower court judge as
respondent;!
o Why not to implead the judge?
Because you can only implead the
judge when it is a Petition for
Certiorari – his grave abuse of
discretion – NOT IN PETITION FOR
REVIEW!
• Indicate specific material dates!
o Material Data Rule – if you appeal,
you must specify the material dates of
when you appeal, when the decision
was made, when records are
transferred. – basta tanan dates,
butang tanan!!
• Set forth concisely a statement of the of the
matters involved, issues raised,
specification of errors of facts or law OR
both;!
• Reasons or arguments relied upon for the
allowance of the appeal;!
Accompanied by clearly legible duplicate
To be a duplicate original copy – it
•
Court!
Submit a certification of non-forum
shopping.!
o Non-forum Shopping – certification
that no other case pending in other
case similar to the present case.!
!
NB. Appeal here may be on question of fact,
question of law, or both facts and law.!
(Remember the distinction from Rule 41; under Rule 42
in a Petition for Review, the appellate court can
entertain pure questions of law. In Rule 41, pure
questions of law must be raised directly to the
Supreme Court)!
!
D. Effects of failure to comply with requirements:!
• DISMISSAL!
!
E. Action on the petition:!
• Require the respondent to comment within
10 days, OR!
• Dismiss the case outright.!
o If unmeritorious !
!
F. Ground for outright dismissal:!
• Petition is patently without merit;!
• Prosecuted manifestly for delay!
• Questions raised therein are to
unsubstantial to warrant consideration!
!
G. Comments to the petitions!
*Respondent must wait for the court to require you
to file!
*File the comment within 10 days!
*The comment MUST NOT BE A MOTION TO
DISMISS – just comment!
• Must be in 7 copies!
• Statement whether he accepts the
statement of matters involve;!
o Normally, the party who appealed
may omit those facts not favorable to
him!
▪ So it is the job of the other
party-respondent – to assert
what are the important facts
that must be included. !
▪ If tan.aw nya ok ra, then he
may accept the statement. !
5
 • Point out insufficiencies or inaccuracies in
the statement of matters involved!
• Statement of reasons why petition should
not be given due course.!
o Here, if you are the respondent - you
must defend the decision of the lower
court simply because the decision is
! RIGHT. DAOG NA GD KA!!
H. Due Course:!
! If the Court of Appeals find prima facie that
the lower court has committed an error of fact or law
that will warrant a reversal or modification of its
decision, then it will give due course to the petition.!
• It does not mean that if your petition is given
due course, the case is already favorable to
you.!
• It just tells you to continue with the case –
not necessarily you will win the case.!
!
I. Elevation of records:!
! Whenever the Court of Appeals deems it
necessary it will order elevation of records within 15
days from notice.!
!!
J. When appeal is deemed perfected:!
• From the moment petition for review is filed!
• Upon payment of docket fees!
• Upon lapse of period!
!
K. Effect of perfection:!
• Trial court loses jurisdiction!
o EXCEPT: Residual Jurisdiction –
The RTC also they loses jurisdiction,
they can still entertain motions that
matter to the case - only until the CA
GIVES DUE COURSE – even if the
records are still in the RTC – RULE
42!
▪ There a difference to rule 41
here – in RULE 41, RTC
exercises Residual
Jurisdiction only until the
records are forwarded to
CA. - IMPORTANT!
• Appeal stays judgment or final order!
o E X C E P T: R u l e o n S u m m a r y
Procedure – the case is immediately
executory (MTC has orig. juris.)!
▪ Cases involving claims of
less than 10k!
▪ Ejectment Cases!
• EXCEPTION TO THE
EXCEPTION: 
 want to appeal must be a decision of the
When there is a
TRO issued by the
! CA - IMPORTANT!
J. Submission for Decision:!
The Court may set case for oral argument or ask
parties to submit memorandum.!
• Normally the court will give time (own
d i s c r e t i o n ) f o r p a r t i e s t o fi l e t h e i r
•
memorandum!
When parties submit their respective
memo, court will decide, OR!
• Even if parties will not submit and the given
time expire, court will decide with / without
the memo.!
!!
Rule 43!
! ▪
6!
APPEAL FROM CTA AND QUASI JUDICIAL
AGENCIES TO THE COURT OF APPEALS!
! Administrative Bodies are exercising quasi-
judicial power because they are specialized in their
own fields. Because of these specializations, any issue
involving that specialty should be resolved first by the
administrative body. !
!
Doctrine of Primary Jurisdiction – if there are non-
judicial disputes, under the specialized field of a certain
administrative body, it must be resolved first in that
administrative body before going to the courts of law. !
!
Mode of Appeal: PETITION FOR REVIEW under
Rule 43!
• This is the kind of appeal from a decision of a
quasi-judicial body.!
!
SCOPE: This Rule applies to appeal from decision of
the following quasi-judicial bodies, in the exercise
of its quasi-judicial power (IF IT IS NOT A MATTER
OF ITS QUASI JUDICIAL FUNCTION, YOU DON’T
GO TO THE CA):!
• Civil Service Commission!
•
•
Central Board of Assessment Appeals!
Securities and Exchange Commission!
• Office of the President!
• Land Registration Authority!
• Social Security Commission!
• Civil Aeronautics Board!
• B u r e a u o f P a t e n t s , Tr a d e m a r k s a n d
Technology Transfer!
• National Electrification Administration!
• Energy Regulatory Board!
• National Telecommunications Commission!
• Department of Agrarian Reform!
• Government Service Insurance System!
• Employees Compensation Commission!
• Philippine Atomic Energy Commission!
• Board of Investment!
• Construction Industry Arbitration Commission!
• Voluntary Arbitrators!
!
EX: Case involving disciplinary action against an
employee of the DAR. The Secretary decided his
suspension. !
• Would you appeal that decision to the CA?
NO!
*Why? The suspension of the employee in CTA is
decided in the administrative function of DAR. !
* R E M E D Y: G o t o t h e C i v i l S e r v i c e
Commission. !
!
PRINCIPLE: For Rule 43 to apply, the decision you
administrative agency in the exercise of its quasi-
judicial functions.!
!
NB: Decisions of the Court of Tax Appeals are now
appealable directly to the SC pursuant to RA 9282
amending RA 1125.!
• Why? The CTA is equal in rank with the CA.!
o It decide cases from BIR & Bureau of
Customs!
!
B. Cases not Covered:!
• NLRC and DOLE decisions are not
covered, but this has already been
abandoned in the case of St. Martin
Funeral Homes.!
o SC SAID THAT NLRC AND DOLE
DECISIONS MUST BE APPEALED
TO THE CA!
But not under Rule 43.

FILE UNDER RULE 65 –
!
 PETITION
CERTIORARI - IMPORTANT!
• Appeals from Ombudsman decision is
appealable to the Court of Appeals, not to
SC. (Fabian vs Desierto). – wa nananghid
ang Congress in making this law. It puts
FOR M. Submission for decision:!
• After oral arguments – if required by the court!
• And after the submission of memorandum - if
required!
*After those 2, the case is deemed submitted for
decision. !

•
additional burnden to SC.!
RTC decision acting as a corporate court is
appealable to the CA under Rule 43 and
not under Rule 41. (RA 8799 & AM)!
o Here the RTC is treated like a quasi-
Judicial Body in deciding Intra-
corporate Disputes. Thus, the appeal
to the CA is filed via Rule 43. !
!
C. Where to Appeal: CA even on pure questions of
law!
• The only way that you will go directly to the
SC is when you appeal the decision of the
RTC in the exercise of its original jurisdiction. !
!
D. Period to Appeal:!
• 15 days from receipt of judgment or order
denying motion for reconsideration or new
trial!
• Only one motion for reconsideration is
allowed!
• Motion for extension of time to file petition
can be granted only for 15 days !
o Only after payment of required fees.!
!
*Here you will see that pariha ra jd kaau sla sa Rule 42!
!
March 11, 2014!
! PROCEDURE IN THE COURT OF APPEALS!
Rule 44!
ORDINARY APPEALED CASES!
!
! We are referring here to those decisions
decided by the RTC in its original jurisdiction. So
you must CONNECT THIS WITH RULE 41. !
!
2 Kinds of appeal from the decision of the RTC in
the exercise of its original jurisdiction:!
• Appeal by Mere Notice of Appeal!
• Appeal by Notice of Appeal + Records on
Appeal!
!
How will you appeal?!
• In ordinary civil actions (collection of sum of
money, breach of contract, etc.) – if you want
to appeal the decision of the RTC to CA –
NOTICE OF APPEAL!
• In Special Proceedings Case or if Involve
Multiple Appeal – APPEAL BY RECORDS
! OF APPEAL!

E. How appeal taken! A. Title of cases:!

• Verified petition in 7 copies! When you appeal, you do not change the title of the
• Proof of service to adverse party and the case. You will just ADD – Appellant and Appellee. !

•
court or agency a quo!
Payment of docket fee, etc.!
!
Original Title of the Case:!
!
F. Contents of petition:!
Republic of the Philippines!
RTC!
• Full name of parties! Branch No. !
• Concise statement of the facts, etc! Cebu City!
•
•
Copy of the original judgment!
Certification of non forum shopping!
!
Juan De la Cruz! ! ! ! Civil
!
G. Effect of Failure to comply with Requirement!
Case No. !
Plaintiff! ! ! ! ! Case:
• Dismissal! Damages!
!
H. Action on petition:!
VS!
Pedro Reyes!
• DISMISSAL! Defendant !
!
I. Content of Comments: (7 copies)!
X - - - - - - - - - - - - - - - - - - - - - - - - - - - - /!
!
• Point out inaccuracies in petition! When you appeal, it changes INTO:!
•
•
State reason why petition must be denied!
Must be filed within 10 days!
!
Republic of the Philippines!
!
J. Due Course!
Court of Appeals*!
Branch No. !
• Finding of fact of the court or agency Cebu City!
concerned, when supported by substantial
evidence, shall be binding on the CA!
!
Juan De la Cruz! ! ! CA – CV*
!
K. Submission of records:!
(Central Visayas). No. !
Plaintiff - Appellee*! ! ! C a s e :
• When CA orders the record to be submitted, Damages!
you submit. ! VS!
!
L. Effect of Appeal:

Pedro Reyes!
Defendant – Appellant*!
The DIFFERENCE between Rule 42 and Rule 43! X - - - - - - - - - - - - - - - - - - - - - - - - - - - - /!
• It will NOT STAY the award, judgment or
final order sought to be reviewed unless the
!
*If you want to change your Lawyer – you must
Court of Appeals provides otherwise.! Send Notice!
o E X C E P T: T h e r e i s a T R O o r • If no notice, the CA will deem that you have
Injunction issued by CA! the same lawyer.!
!
*So if you want to appeal under rule 43 – ALWAYS !
• The court will send notices to these lawyers.!

ASK FOR A TRO.! *When is the appeal deemed perfected? Let’s go

! back to rule 41!

7
 • As to Appellant – the moment they file Notice
of Appeal!
• As to Appellee – the moment the period to
appeal expires and no appeal is made by
him.!
!
Effect: Lower court loses jurisdiction BUT retains
RESIDUAL JURISDICTION. !
• Until when? When the records of the case are
forwarded. !
o The Clerk of Court must send the
record. It must be made within 30
days.!
!
*What happens if the Clerk of Court fails to
transmit the record? Does the RTC lose Residual
Jurisdiction? NO. It is clear that records must be
forwarded before it loses its jurisdiction.!
• This only means that the 30 days is NOT
MANDATORY. !
• The rules recognizes the fact that there could
be lawful delays (typhoon, earthquakes,
fortuitous events, etc.)!
!
*So if the records are not yet forwarded, what is your
remedy?!
C. Order of transmittal of record:!
! That if the records will not be forwarded, you
can ask the RTC (court of origin) to complete the
record and to forward the records of the case to
the CA.!
• Imo apurahon ang clerk, HOI NILAPAS NA
ANG 30 DAYS! E.FORWARD NANA!!
!
What happens next when the records are
forwarded?!
D. Docketing of cases: - court will assign docket
number.!
! Upon receipt of the original records. Clerk of
Court of CA must notify the parties. Approved
records on appeal to be filed within 10days.!
• Notice must be send to the parties especially
to the appellant – that the records is now in
the appellate court.!
• It is important to send notice to the
appellant because he will have to submit
an Appellant’s Brief WITHIN 45 DAYS.!
!
REMEMBER: !
• Notice of Appeal is just easy. !
o Not Extendible. Your arguments,
contentions why the lower court
committed error – You reserve that
when the court REQUIRES YOU TO
FILE YOUR APPELLANT’S BRIEF!
o Appellant’s Brief: Filed within 45
days from the time the court informed
you that the records are already with
them.!
▪ In here, you can file motion
for EXTENSION –
IMPORTANT!
▪ The extension is not only for
another 45 days, but even for
90 days – total of 135 days.!
! • Records of Appeal – required only in Special
Proceedings or Multiple appeal!
o File first notice of appeal!
o Submit Records of Appeal – 30 days
from the time you receive the
decision of the case you are
appealing. !
o W h e n y o u fi l e m o t i o n f o r
reconsideration or new trial – later
8!
on, denied – 30 days will start to
run again from RECEIPT OF THE
ORDER OF THE RTC DENYING
THE MOTION FOR RECON/ NEW
TRIAL!
o Here, you must present summary of
the facts in chronological order. –
Discussed already!
!!
IMPORTANT – NOW, after you have filed the
summary, you must have it APPROVED by the RTC
first. !
• *BUT WHEN WILL IT BE FORWARDED TO
CA? IS IT AUTOMATIC? NO! – you must wait
for the CA to require you to file the records of
appeal. !
How will the CA know you will appeal? Remember,
before you forward the record, you must file notice of
appeal first in the RTC. The RTC will forward that
notice to CA. This is the reason why you must wait
until the CA will order you to file the APPROVED
records. !
!
• You have to do this within 10 days.!
NB: NORMALLY, the RTC forwards the notice of
appeal to the CA AFTER it has approved the
records of appeal!
!
E. Completion of records and dispensing with
complete records of the case: - the clerk of court of
the CA will examine!
• If he founds that the record is incomplete, he
will notify the clerk in RTC!
o Usually, ang perme mahabilin ARE
THE TRANSCRIPT! NAAY UBAN
STENOGRAPHERS NGA LIGOY
KAAU – DUGAY KAAU MAHUMAN!
- IMPORTANT!
!
*HOWEVER, there are instances in which the records
cannot be completed:!
• EX: The Stenographer died – unsaon man na
nmu? Imo pukawon? Stenographic notes here
is hand written, the stenographer only knows
how to translate his own writing. So sya ra jd
ang maka sabot ana. !
*So if the records cannot be had, the court will ask the
parties if they may agree on the records. – They will
just stipulate what will be omitted or included. -
IMPORTANT!
*So when the records are COMPLETE, this is the
time the CA will require the appellant to submit his
brief.!
• “That’s why lawyers usually do things in
brief.” (brief ra ha. So if you’re a woman – do
it in brief… or no brief at all… aw huehuehue)!
!
F. Appellant’s brief, when to file:!
• Filed within 45 days. !
• 2 copies must be sent to other party’s lawyer!
• 1 to your client!
• your copy!
• 7 to the court!
*So about 11-12 copies must be maid. Out of all
those 7 copies filed in Court – YOU MUST
INDICATE THE ORIGINAL COPY.!
WHY? Because the CA might dismiss your appeal.
Remember that when you file the appeal, you must
attach the Duplicate Original True Copy of the
Decision of the RTC or if not, the CERTIFIED TRUE
COPY. !
! In case there is already a decision, the
original copy will be retained by the court. The
duplicate original will be sent to the parties.!
!
!
*If you loss the original, then you can ask the court
to certify another copy.!
!
*If there is no original true copy, that is a fatal
mistake – APPEAL SHALL BE DENIED.!
Q: When your appeal is denied because you failed
to put an original true copy, IS IT AN AUTOMATIC
DISMISSAL OF THE CASE? NOT NECESSARILY.!
! When your appeal is denied, you can still re-
file it. As long as the period to appeal is not yet
expired. When it expires, dismissal.!
!
G. Appellee’s brief, when to file:!
• Upon receipt of the Appellant’s Brief, appellee
also has 45 days to file!
• This is just optional!
*This means that when appellant’s brief is mandatory,
it is ground for dismissal if he will not file. If the
appellee does not file his brief, it will not affect the
appeal. !
!
H. Appellant’s reply brief:!
• The answer to the Appellee’s brief!
• This is just optional !
• Within 20 days to file. !
!
*In Special Civil Actions, briefs are not required.!
• This is in the cases of Certiorari, Prohibition,
Mandamus, Quo Warranto, Habeas Corpus
! (Rule 65)!
*What will you file instead of Brief?!
I. Memorandum instead of Brief for certiorari,
prohibition & mandamus to be filed in 30 DAYS.!
•
•
This does not need briefs. !
You need to wait for the CA to order you to
file the Memorandum!
!
J. Contents of Appellant’s Brief: - this is like making
a thesis, mura ra kag nag himu ug libro.!
• Subject Index!
o Table of Contents!
o Site all the laws, jurisprudence,
resolutions, memorandum of the
court, etc.!
o Everything you used in your paper,
include that here.!
• Assignment of Errors!
o the things you think is wrong in the
lower courts decision!
• Statement of the Case!
o Usually 1 paragraph, just state briefly
what is the case all about.!
• Statement of the Facts!
o This is where you tell a story, detailed.
With dates and all. !
• Statement of the Issues!
o What are the issues to be resolved in
this case?!
• Arguments!
o Present the arguments per assigned
errors!
▪ So 1st assigned error is this,
my 1st argument is this!
▪ 2 nd error is this, my 2 nd
argument is this, and so on.!
• Relief!
o The things you want.!
NB. Copy of the judgment appealed from must
made part of the appendix.!
- in the appendix, it’s just like making the subject index.
Must be detailed. !
! !
K. Contents of Appellee’s Brief:!
•
•
Subject Index!
Counter-Statement of Facts!
o If there are important facts you want
o
to add, then add it.!
If the appellee agrees statement of
the appellant, then he will just put one
sentence there, “Appellee hereby
adopt the statement of facts in the
appellants brief.”!
• Arguments!
o To answer ever arguments of the
appellant’s assigned errors!
o Remember, the job of the appellant is
to destroy the decision of the lower
court.!
o Your job as the appellee – defend
the decision of the lower court.!
!
*That’s why Appellee who has not appealed, cannot
make assignment of errors in his brief. -
IMPORTANT!
!
The Appellee is not always the winning party!
EX: The damages awarded is not enough. Di ka
ganahan sa gihatag, so you can appeal. So when you
appeal, now you have the right to make an assignment
of error.!
!
PRINCIPLE: Only a party who files an appeal can
make an assignment of error. - IMPORTANT!
!
L. What are the questions that may be raised on
appeal:!
• Any question of law or fact that HAS BEEN
RAISED in the court below.!
!
*There are only 3 INSTANCES where the CA
entertains question that are NOT RAISED in the
lower court: - THESE ARE QUESTIONS YOU
RAISED FOR THE FIRST TIME IN THE CA!
• Questions on Jurisdiction!
• Issues on error that are clerical or
typographical!
• Issues which are not mentioned in the
assignment of errors!
o These issues must be important and
C L O S E LY R E L AT E D T O T H E
ASSIGNED ERROR.!
!
! Rule 45!
APPEAL BY CERTIORARI TO THE SUPREME
COURT!
This is the only mode of appeal to the SC ordinarily. !
!
A. Scope:!
• Decision of CA, CTA, Sandiganbayan, & RTC
on pure questions of law in the exercise of
its original jurisdiction!
• Only questions of law may be raised, except
Writs of Amparo, Habeas Corpus & Kalikasan!
• Distinguish question of law from question of
fact!
*Questions of Fact – requires the calibration of the
lower court which is presented by both parties with
evidence in order to determine which one is telling
the truth.!
*Questions of Law – what law to be applied and
appreciation of law or the interpretation of law. –
IMPORTANT !
• Whether it is a question of fact or law is to be
determined by the appellate court!
*The factual findings of the CA – is final already!
!
9
GENERAL RULE: Only question of law may be
raised to the Supreme Court!
!
EXCEPTIONS:!
• When conclusion is a finding grounded freely
entirely on speculations, surmises or
conjectures!
o Because it has no sufficient evidence.!
!
C. Payment of docket fee and cost!
• When inference made is manifestly
mistaken, absurd or impossible;!
• When there is grave abuse of discretion in
• Within 15 days from receipt of the
judgment appealed from or from denial of
•
motion for recon or new trial!
Motion for extension may be granted only
for 30 days (but pay first the docket fee
and other lawful fees)!
• With the Supreme Court and with proof of
service to the other party and the court
whose decision you appealed.!

•
the appreciation of facts;!
When the judgment is based on
!
D. Contents of the Petition!
misapprehension of facts;! • Full name of the parties!
• When the findings of fact of the Court of • Indicate material dates!
Appeals are conflicting with RTC;! • Set forth concisely a statement of the matters
• When the Court of Appeals went beyond the involved, and the arguments in support of the
issues of the case and the same is contrary petition!
to the admissions of both parties;! • Accompanied by original or certified true copy
• When the CA manifestly overlooked certain of the judgment!
relevant facts not disputed by the parties, • Certification of non-forum shopping!
which if considered would justify a
different conclusion!
!
*Rule 45 is a MATTER OF DISCRETION!
• When findings of fact of CA are contrary to E. Grounds for Dismissal:!
the trial court’s findings.! • Failure to comply with the requirement
*SC here is actually defying its own rules. WHY HAVE regarding payment of docket and other lawful
THE EXCEPTIONS? BECAUSE WE ARE THE fees, and deposit for cost!
SUPREME COURT! • Failure to show proof of service!
! Certiorari in Rule 45 versus Certiorari in Rule 65!
• Failure to observe contents of petition and the
documents that must accompany it!
o Certification of non-forum shopping!
Rule 45 Rule 65
!
F. Additional Grounds!
1. Grave abuse of
1. Question of Law • Appeal is without merit!
discretion
• Prosecuted manifestly for delay!
2. Mode of Appeal. • Question is too unsubstantial!
Review Judgment on
the Merits;
2. Original action; directed
on interlocutory order !
G. Review is discretionary – Reasons for the Court
to grant the petition!
3. Must be made within 3. Must be filed not later • When the court a quo has decided a question
reglementary period to than 60 days from notice of substance, not theretofore determined by
Appeal (15 days) of judgment the Supreme Court, or has decided it in a way
4. Does not stay not in accord with law!
• When the court a quo has so far departed
4. Appeal stays judgment unless TRO is
judgment, award or issued by the appellate from the accepted and usual course of judicial
order appealed from; court; So ask for a TRO to proceedings as to call for an exercise of the
power of supervision.!
stay - IMPORTANT

5. Aggrieved party
!
H. Pleadings and other documents or papers that
5. Petitioner and against the lower court the Supreme Court may require – SANCTION:!
respondent are the or quasi-judicial agency • DISMISSAL!
original parties. Lower and the prevailing party. • Usually, pleadings and documents are NOT
court judge not to be Because you accused the required but when there are things that
impleaded court, so you include the needs to be clarified, SC may require it!
court o If the SC requires it, YOU MUST
MAKE THEM. Otherwise, the
6. Filing of a motion for PETITION WILL BE DISMISSED.!
6. Prior filing of a
motion for
reconsideration is
CONDITION
!
I. Due Course and elevation of records!
reconsideration not
required
PRECEDENT — To give
the judge opportunity to
!
J. Rule 45 is applicable to both civil and criminal
correct himself cases. Except in criminal cases where the penalty
imposed is death, reclusion perpetua and life
7. Higher court
7. Appellate court is in imprisonment!
the exercise of its
appellate jurisdiction
exercises its original
jurisdiction and power of !
March 15, 2014!
and power of review
control and supervision
over lower court. !
!
Rule 45 – appeal!
Rule 46!
ORIGINAL CASES IN THE COURT OF APPEALS!
! This applies to cases filed originally in the CA.
Rule 65 – special civil action!
!! This is not an appealed case – this is filed directly to
the CA. !

B. Time to file petition:!

!
A. Title of the Case:!

10! !
 • Parties are called Petitioners and ▪ A justice may receive evidence or he may
Respondent! delegate that job to the RTC judge!
!
B. Original actions:!
o The RTC judge will receive in his
behalf and will just notify the CA that
Under Rule 65:! evidence is submitted. !
•
•
Certiorari !
Prohibition!
!
*The CA may require for the other party to
• Mandamus! comment.!
• Quo Warranto! G. Effect of failure to file comment:!
*Habeas Corpus – governed by the rules on special • Court may decide on the basis of the
civil actions already, not here! records!
Under Rule 47! • Without prejudice to the imposition of
• Annulment of the judgment of the RTC! disciplinary action on the disobeying party!
!
C. Contents of the Petition:!
o Because here, there is no trial in
default.!
•
•
Full names of the parties!
Statement of the matters involved!
!!
• Discuss the grounds relied upon! Rule 47!
• How many copies?! ANNULMENT OF JUDGMENT OF THE RTC!
o CA – 7 copies! ! You will file this in the CA. This is not an
o SC – 18 copies! appealed case, BUT AN ORIGINAL ACTION. !
• Accompanied by copy of the decision of the - Of all the Remedies, this rule is also called the Last
court you want to appeal! Recourse of the losing party in a civil action. !
o It must be an original copy or
certified true copy!
!
We have already learned so many remedies:!
*Failure to comply: Ground for DISMISSAL! ▪ If you want to appeal from judgment of the
!
*When is jurisdiction of the Petitioner deemed
RTC in its original jurisdiction – Appeal to the
CA under Rule 41!
acquired?! ▪ If the case originated at MTC – appealed to
• From the moment the petition is filed! the RTC – Appeal to the CA under Rule 42!
*How about the Respondent?! ▪ Within that 15 days to make your appeal –
!
D. How jurisdiction over the person of respondent
you still have a remedy – Motion for
Reconsideration or New Trial!
acquired:! o Ground of FAME!
• From the moment respondent receives the ▪ If you were not able to file the Motion for
initial action of the court! Reconsideration and !
o WHY? Unlike in cases that are filed in New trial and the case has became final –
the RTC or MTC, when you file Motion for Relief from Judgment under
complaint the court will issue Rule 38!
summons with copy of the complaint. o Ground of FAME within 60 days from
The moment the defendant receipt of the decision but not more
receives the summons, the court that 6 month from the entry of
acquires jurisdiction.! judgment!
▪ IN HERE, THERE IS NO *If you were not able to avail of these remedies,
SUMMONS. WHEN YOU now you will file ANNULMENT OF JUDGMENT. !
FILE CASE UNDER RULE
46, YOU MUST FIRST GIVE
!
A. Coverage!
COPY OF THE PETITION TO ! The Court of Appeals may annul the judgment
THE OTHER PARTY – NOT of the RTC if the remedies of new trial, appeal, petition
THE COURT. - IMPORTANT! for relief from judgment or other remedies are no
▪ If you will not furnish copy to longer available through no fault of the petitioner.!
the respondent, the petition
shall be dismissed. !
!
B. Grounds:!
*So if you are the RESPONDENT – DON’T FILE • Extrinsic Fraud!
YOUR ANSWER RIGHT AWAY.! • Lack of Jurisdiction!

! ▪ You must wait for the action of the court.! !

E. Action by the Court!
• Dismiss the case outright!
• Require respondent to comment within 10
days from receipt of notice.!
!
F. Determination of factual issues:!
▪ Usually CA does not call for a hearing.!
▪ The calling of hearing is just discretionary in
the CA. !
o What is the purpose of hearing?
For determination of fact!
o So the court will just conduct a
hearing if there are factual issues
that need to be determined. !
*How will CA conduct a hearing?!
▪ Either the CA justices will hear the case for
themselves.!
Extrinsic VS Intrinsic!
▪ EXTRINSIC – a fraud employed by one party
in order to prevent the other from appealing.!
o He used this fraud to deny the other
party’s day in court.!
▪ INTRINSIC – a fraud employed by one party
during the trial of the case.!
o Using false documents, manufactured
evidence, etc.!
o But these are used during the trial –
that could have been discovered by
the other party’s lawyer if only he
is diligent enough. !
*only EXTRINSIC FRAUD can be used as a ground !
!
NB. If the ground is extrinsic fraud, the petitioner
must allege that he failed to avail of new trial, appeal,
or petition for relief through no fault of his own.
However, if the ground of lack of jurisdiction is also

11
included, then there is no need to allege said condition
precedent. (Ancheta vs Ancheta)!
!
The Ancheta Case!
! This is a case of declaration of nullity of
marriage on the ground of Psychological Incapacity.
Tiguwang na kaau ni sla. The wife nakusemisyon kay
babaero kaau ang husband – dirty old man. !
! But tiguwang na man jd sla, the wife said that
they will just separate their properties. They decided
that she would own the ancestral house and a beach
resort. Gikapuy na guro sya, she decided to stay na jd
sa BEACH RESORT. !
! Now the husband found another woman and
decided to marry her. He filed the nullity of marriage –
gisabot nya ang iyang anak and the sheriff. – TO
SEND THE SUMMONS TO THE ANCESTRAL
HOUSE – SO WALA KADAWAT SI WIFE. But
according to the record of the court, nadawat na
daw. In result, she did not participated in the hearing. !
! The judge – utro pd bogo kaau – decided in
default. Remember that it is not allowed because in
annulment or nullity of marriage, you cannot declare a
party in default. Ingon pd ni si Sr. Huwis “GRANTED!”!
! !
*NOW – the wife knew of the decision – she
went to a lawyer – they filed ANNULMENT OF
JUDGMENT. The petition contained 2 grounds – BUT
IN EXTRINSIC FRAUD - THEY DID NOT ALLEGE
that they failed to avail of the remedy through no
fault of her own. !
• Because of this, the lawyer of the husband
said that the petition must be dismissed
because it failed to comply with the
requirement. – Ground for Dismissal daw. !
!
SC HELD: When you look at her petition, there are
actually 2 grounds alleged. Extrinsic fraud and Lack
of Jurisdiction – that the court did not acquired
jurisdiction of the person of the defendant because
she received no summons. SO THEY NEED NOT
ALLEGE THAT they did not avail of the remedy due
to no fault of her own. - IMPORTANT!
!
SIMPLIFY:!
• If Extrinsic Fraud ONLY – you must allege
that you failed to appeal through no fault
of your own!
• If it is with Lack of Jurisdiction – you need
not allege!
*So if you will include the 2 grounds – Ancheta
Case tells you that you need not allege. –
IMPORTANT !
!
C. When to file action:!
• Extrinsic Fraud – 4 years from discovery!
• Lack of Jurisdiction – until barred by laches!
o LACHES – when? It depends upon
the court!
▪ Usually, the court can use this
if the other party is
PREJUDICED by your
inaction.!
EX: the lot has already been
sold to other party – then you
filed the petition – you will
prejudice his right already.!
*Even if you have this principle of prescription – 10
years if good faith, 30 year if bad faith. Even if you
still have that prescriptive period, if other party’s
right is already involved, THE COURT MAY USE
LACHES. – IMPORTANT – you are actually sleeping
on your right – “Natug kas pansitan!”!
! !
D. Contents:!
12!
• Verified petition in 7 copies!
• Affidavit of witnesses or documents!
o This affidavit is not required in Rule
46 - difference!
• Certification of non-forum shopping!
!
E. Action by the court:!
• Dismiss outrightly!
• Give due course and summons is served on
the defendant!
o DIFFERENCE IN RULE 46 – rule 46
did not require summons. !
▪ Remember that it is the party
who will give them copy of the
petition, not the court.!
o Here you need not furnish a copy to
the other party. File directly to the
court and it is now the job of the
court to give copy to the adverse
party. !
*So here, the court acquires jurisdiction over the
respondent upon receipt of the summons. -
IMPORTANT!
!
F. Procedure: - the same as ordinary civil action
before the RTC!
• You file!
• Summons will be sent!
• Court will required you within 15 days to
comment!
!
When the CA grants the Annulment of Judgment,
what is the effect? Judgment of the RTC will be set-
aside or no judgment at all.!
G. Effect: It depends on the ground!
• Lack of Jurisdiction – Judgment is set-
aside without prejudice to re-filing. !
• Extrinsic Fraud – Trial de novo, as if timely
motion for new trial is filed!
!
LIBOG NI NGA PART, BASAHA SA TANAN! !
Sir: “H. Suspension of prescriptive period to re-file
the case – suspension starts from the time original
action was filed in the RTC. – not from the moment
you filed in the CA – sa RTC jd!!
• EXCEPTION: If the extrinsic fraud is
attributable to the plaintiff in the original
action – NO SUSPENSION, PRESCRIPTIVE
PERIOD STILL RUNS!
Q: Can plaintiff re-file the case? YES - as long as
prescriptive period has not yet expired”. - IMPORTANT!
!
Q: Unsa nga prescription? Unsa nga filing? Unsa ni
nga kaso? !
SIMPLIFY: - own interpretation ra nako ni ha!
FACTS:!
• Let’s say you filed a case with prescriptive
period of 4 years (Example ra ang 4 years –
JUST IMAGINE A CASE – WITH 4 YEARS
PRESCRIPTION)!
• You filed in RTC on the 2nd year – (4 - 2 = 2
years left)!
• RTC decided the case in your favor –
Respondent filed in the CA Annulment of
Judgment on the 3rd year!
• CA granted the Annulment of Judgment!
!
*Can the You – the Petitioner - re-file? YES!
*How many more years left? 2 years!
*WHY? Because prescriptive period to file your case
was suspended the moment you filed the case in the
RTC. - IMPORTANT!
*Now what if the ground relied upon by the
Respondent is Extrinsic Fraud – AND YOU – THE
!
PLAINTIFF – IS RESPONSIBLE FOR THAT
EXTRINSIC FRAUD? The prescriptive period did not
suspend. !
*Can you re-file the case? YES – provided that the
prescriptive period has not yet expired. - IMPORTANT
– now you can relax. !
! !!
Just like in Ancheta Case:!
• It is the plaintiff that caused the extrinsic fraud!
!
C. No hearing or oral argument for motions!
• *Can he still re-file the case?!
o It would depend if the prescriptive
period did not expire!
o The prescriptive period is not
suspended in that case because he
• Only 1 lawyer can present his argument!
o Even if a party is represented of
battery of lawyers – 1 ra jd.!
• The order of the argument will be determined
by the CA.!
• There is no need to put a date or set it to
hearing!
• Unlike in the RTC – that if no date – it will be
treated as Pro Forma Motion!
• HERE, YOU NEED NOT PUT A DATE!

! was responsible for the fraud! !

March 18, 2014!
I. Relief:! Rule 50!
• Judgment may include award of damages, DISMISSAL OF APPEAL!
attorney’s fees and other relief! Here, we are still talking about appealed cases in Court
• Order of Restitution! of Appeals. !
o
o
Only if the decision is executed!
If a property is executed, you can still
!
A. Ground for dismissal!
get it back – ebalik ang nakuha! • Failure of the record on appeal to show on its
!
J. Annulment of judgment of MTC!
face that it was taken on time;!
o That is why you must comply with the
• Also applicable in MTC! material data rule. !
• You will just file the Annulment of Judgment • Failure to file notice of appeal or the record on
with the RTC! appeal on time;!
• But with the same process.! o Notice of appeal – 15 days!
!
Rule 48! o
▪ Not Extendible!
Record on Appeal – 30 days!
PRELIMINARY CONFERENCE! ▪ You can file for extension for
! The court may require conference. This is like another 30 days!
pre-trial in RTC. ! ▪ But you must pay docket and
!
Preliminary Conference VS Pre-trial! •
other lawful fees first.!
Failure to pay docket and other lawful fees;!
• Preliminary conference – may be conducted o Ordinary Appeal - Pay to the RTC!
by CA – DISCRETIONARY – ! o Petition for Review – Pay to the CA!
o on cases originally filed with it or • Unauthorized alterations, omissions or
on appealed cases. ! additions in the approved record on appeal;!
o Usually they will conduct if it is an o Here, it refers to a special
original action! proceeding or multiple appeal!
• Pre-trial – this is MANDATORY.! *How will you do this? Let’s go back!
!
A. Purpose:!
-file your record on appeal first in the RTC – subject to
the approval of RTC!
• Consider possibility of settlement! - once RTC approves the record – wait for the CA to
• Define & simplify issue! order you to forward the Approved Record within
• Stipulation of Facts! 10 days.!
• Such other matter for prompt disposition of *That record must have no alteration – WAY
case! PINAPASAN! - IMPORTANT!
!
B. Record of Conference:!
! • Failure of appellant to serve and file the
• Everything must be recorded! required number of copies of his brief;!
!! o How many copies?!
▪ CA – 7 copies!
C. Binding effect of the result of conference:! • 2 copies to the
• Binding to both parties! Respondents!
*Whatever is agreed upon shall be binding to both • If 2 parties
parties.! represented by 2
!! lawyers – only 1 per
lawyer. !
Rule 49!
ORAL ARGUMENT!
! • Absence of specific assignment of errors
! This is not mandatory in CA. Only in the appellant’s brief;!
Discretional. ! o You must point out the specific error!
*This rarely happens – CA will only resort to Oral • Failure to provide page reference of the
Argument if there are factual issues, decrees and legal record.!
issues involved, and they want to hear the sides of the o To make it easier for the reviewing
lawyers.! judge to review the case.!
!
A. When allowed:!
o *this is not really mandatory –
discretionary on the CA – he may or
• Upon motion of a party! may not dismiss it!
• Upon court’s own volition! • Failure of the appellant to take the
!
B. Conduct of oral argument!
necessary steps for the correction or
completion of the record within time;!

13
 • Failure of appellant to appear at the
preliminary conference or to comply with
the orders of the court;!
o Once the court requires you for
preliminary conference – you must
comply!
• The fact that the order is not appealable!
*What are the orders NOT APPEALABLE?!
- Order denying motion for Reconsideration or New
Trial!
- Interlocutory Order!
- Order denying to set-aside compromise agreement!
- Order denying writ of execution!
!
*What will happen if your appeal to the CA is a
wrong mode of appeal? IT WILL BE DISMISSED.!
B. Dismissal of improper appeal:!
• Appeal from RTC to CA on pure question of
law!
o Rule 41 – if RTC decide in its original
jurisdiction – GO TO THE SC
•
DIRECTLY!
Appeal by notice of appeal instead of petition
for review under rule 42 from RTC to CA!
o Rule 42 – it must be by Records!
!
*Can you still withdraw an appeal? YES!
C. Withdrawal of appeal!
• Matter of Right – before appellee’s brief is
filed!
o As long as there is still no answer, you
can withdraw anytime!
• Discretionary – after filing of brief!
o So you have to file a motion to
withdraw your appeal!
!!
Rule 51!
JUDGMENT!
!
A. Submitted for judgment!
• In ordinary appeal !
When is the case deemed submitted for decision?!
! In an appealed cases, the appellant is required
to file appellant’s brief within 45 days. The appellee
may also file his appellee’s brief within 45 days. !
! The appellant may still file REPLY BRIEF –
UPON THE FILING OF THAT REPLY, THAT IS
SUPPOSED TO BE THE TIME THAT THE CASE IS
DEEMED SUBMITTED FOR DECISION.!
!
*If the CA requires the filing of some memorandum,
then the case is deemed submitted UPON THE
FILING OF THOSE MEMORANDUM. !
• OR the lapse of the time to file that
memorandum.!
EX: If the court requires you to file memorandum
within 30 days, WHEN THAT 30 DAYS EXPIRE,
THAT IS THE TIME THE CASE IS DEEMED
SUBMITTED. !
! • In original actions – certiorari, mandamus,
quo warranto, annulment of judgment!
o CA may hear the case – to clarify
certain factual issues.!
▪ The case is deemed
submitted after that hearing
is terminated. !
o after the submissions of the
memorandums!
o or after the lapse of time given to
submit the memo!
!
B. Who will decide:!
14!
• CA is a colligate court – decide a case en
bank or in division!
o EN BANK – all will participate in the
decision!
▪ This does not apply in cases!
▪ They usually have an en banc
decision only in deciding
internal matters – Rules
and Procedure in the CA!
o IN DIVISION – only the division will
decide!
▪ How many justices are there
in CA? 69 (that’s a very
▪
lucky number)!
How many divisions? 23
divisions!
• 3 members each!
!
C. Quorum and voting:!
*How shall it be decided when it is given to a
division? It must be decided UNANIMOUSLY. !
!
*What if one justice will have difference decision? !
! They will create another a special division of 5.
They will get 2 justices in another division to join
their division for VERIFICATION. !
• THIS TIME THEY WILL DECIDE IT BY
MAJORITY. - IMPORTANT!
!
D. Disposition of a case: - !
• Here, the CA may reverse, revise or amend
the decision of the lower court or remand the
case .!
!
E. Form and contents of decision - comply with the
Constitutional mandate!
• State the facts clearly and conclusions of law!
• Explain how they arrived with that conclusion!
*CA cannot just decide it in 1 sentence/ A MINUTE
RESOUTIONS. They must explain everything. Only
the SC can dismiss a case in just 1 sentence. !
(WHY? BECAUSE IT’S THE SUPREME COURT!
THAT’S WHY!)!
!
F. If several Judgment parties (Partial Judgment)!
• They may decide in favor of 1/some
defendant/ plaintiff and against 1/some
defendant/ plaintiff.!
!
G. Questions that may be decided:!
• 1. ONLY those errors stated in the
assignment of errors!
• 2. Not mentioned but those closely related to
or dependent on an assigned error!
• 3. Plain errors and clerical errors!
o Plain error – to pass upon issue
which are not mentioned in the
assignment of errors but which are
VERY APPARENT that a clear error
is committed. (Santos Case)!
*Santos Case!
! Lot owner leased his land to a tenant. Latter
did not pay rentals for 28 years. Landlord decided to
file ejectment case. He filed it in the MTC, tenant
appealed in the RTC. RTC affirmed the decision of
MTC. RTC said that he does not have right to stay,
however the landlord must reimburse the tenant for
the improvements introduced. !
! If you remember in Property, a tenant who
builds a house in a land of another is not a builder in
good faith. It is the option of the landowner to pay ½
of the value of the improvement OR to remove that
improvement. THE OPTION IS GIVEN TO THE
LANDOWNER. !
!
! Now when the tenant went to the CA, the A. When to File !
ejectment is granted and removed the • 15 days!
reimbursement because of the rule in Property. !
! The tenant then appealed to the SC (WTF
!
B. No second motion for reconsideration!
bagag nawng! NEVER SAY DIE!). That the CA • ONLY 1 is allowed!
committed error in deciding to remove the o But in SC – NO LIMIT – YOU CAN
reimbursement. According to him, it was not FILE AS MANY AS YOU WANT!
assigned as an error, it was never mentioned. !
SC HELD: The error is PLAIN ERROR. Even if the
!
C. Resolution of motion: !
issue of reimbursement was not mentioned in the • Resolve it within 90 days!
assignment of error, IT WAS CLEARLY APPARENT
AND PLAIN. THE CA IS CORRECT.!
!
EFFECT of motion for reconsideration:!
! • 4. Error affecting jurisdiction over the
D. Stay of execution!
• Pendency of motion for recon shall stay the
subject matter or the validity of judgment! execution of the judgment !
!
H. Harmless errors of Lower Court:!
o unless the court, for good reasons
shall otherwise direct.!

!
• Will not be disturbed by the appellate court.! !!
I. Promulgation and Notice of Judgment! Rule 53!
• Promulgation – refers to the date when the NEW TRIAL!
clerk of court of the division received the ! You can also file motion for New Trial IN THE
decision of the justices of that division! CA.!
o When a case is decided by the
decision – it will be given to 1 justice
!
A. When to file:!
(iya2 na sla para sa mga decision kay ! At anytime AFTER the appeal from the lower
daghan man kaau)! court has been perfected and before the Court of
o Ponente – the one who will write the Appeals loses jurisdiction over the case!

o
decision.!
When the ponente finish the decision,
!
B. Grounds!
other justices will sign and they will • Newly discovered evidence ONLY!

o
give it to the clerk of that division!
The Clerk will then put on the upper
!
C. Hearing and orders!
right of the paper “Date of • There must be a hearing!

•
Promulgation” !
Notice – clerk will record that decision in the
!
D. Resolution of motion !
book of judgment! • MUST decide the case within 90 days!
o He will send copies of the decision to
the parties.!
!
E. Procedure in new trial!
o Parties will have 15 days – to appeal • Same as in the RTC!
that decision in a Petition for Rule 54!
Certiorari to the SC! INTERNAL BUSINESS!
!
*If no appeal is filed within 15 days, the judgment
A. How cases are distributed:!
• By raffle to the different divisions!
becomes final! • Decide en banc or in division!
J. Execution of Judgment in the CA!
• In appealed cases it shall executed by the
!
B. Quorum of the Court!
court a quo! • Majority if en banc!
o File the motion for execution to the • Unanimous if in division!
RTC! *99% they usually decide in division. !
o You need not wait for the transfer for Rule 55!
record from CA to RTC! PUBLICATION OF JUDGMENTS!
o Just get a certified true copy of the A. Where be published:!
decision and submit it to the RTC – • Official Gazette!
then go to Rule 39! • Court of Appeals Report!
• In original action the CA will issue the writ • Philippine Reports!
with the entry of judgment! *SCRA is not an official publication – it is a private
o CA can assign sheriff to implement publication!
the decision! *Philippine Reports Annotated – the official
• In execution pending appeal – APPEALED publication!
CASE NI HA! !
o DISCRETIONARY APPEAL – file
this in the RTC. !
!
!
*In what case will the execution be filed in the CA?!
PROCEDURES IN THE SUPREME COURT!
Rule 56!
ORGINAL CASES!
• If the RTC is delaying the issuance of motion
for execution.! A. Original cases cognizable:!
!
• CA will NOT issue the Writ for Execution! • Certiorari, Prohibition, Mandamus, Quo
• CA will just issue and order directing the Warranto & Habeas Corpus;!
RTC to issue the Writ of Execution. - • Disciplinary proceedings against Judges
IMPORTANT!
!! •
and lawyers;!
Cases affecting ambassadors, other public
ministers and consuls!
Rule 52!
MOTION FOR RECONSIDERATION!
!
B. Rules applicable:!

15
 • Original actions for certiorari, prohibition, • Redeliberation – to decide the case for the
mandamus shall be governed by Rule 65! second time. !
• Rule 46, 48, 49, 50, 51 & 52 on the Court of • If still no decision is reached then the
Appeals shall also apply in the Supreme following rules will apply:!
Court! o Original Action filed is deemed
o 46 – Original actions filed before the dismissed!
CA! o Appealed cases – the appealed
o 48 – Preliminary Conference! decision is deemed affirmed!
o 49 – Oral Argument! ▪ Decision of CA is affirmed.!
o 50 – Appeal! o All incidental matter – the petition or
o 51 – Judgment! motion is deemed denied.!
o 52 – Motion for Reconsideration!
▪ New Trial is not applicable
!!
here!
• 18 copies of the petition shall be filed in the
Supreme Court!
• Proceedings for disciplinary action against
Judges and Lawyers shall be governed by
the Code of Judicial Conduct & Rule 139-B!
o Against a Judge – file to the SC!
o Against a Lawyer – file to the SC!
▪ OR to the IBP – it will just
recommend to the SC!
▪ SC always has the final say!
!
APPEALED CASES!
C. Modes of Appeal!
• Only by Petition for Review on Certiorari
under Rule 45!
• EXCEPTION: Criminal cases where the
penalty imposed is Death, Reclusion
Perpetual and Life Imprisonment!
o Death – Automatic Appeal!
o Reclusion Perpetual – Ordinary
Appeal – notice of appeal only!
!
D. Procedure!
• Same as the Court of Appeals with some
exceptions!
!
E. Grounds for dismissal of appeal:!
• Failure to take appeal within the
reglementary period!
• Lack of merit in the petition!
• Failure to pay docket fees etc!
• Failure to comply with requirements on
proof of service, contents and documents to
accompany the petition;!
o Proof of Service – personal service
is most preferred!
▪ If not made – you must make
an explanation why!
• Failure to comply with circular, directives
or order of the court without justifiable
reason;!
o TRUE COPY !
• Error in the choice or modes of appeal!
• The fact that the cases is not appealable to
the Supreme Court!
!
F. Disposition of improper appeal!
• Appeal by notice of appeal from RTC to SC
shall be dismissed!
o EXCEPT in criminal cases!
• Appeal by certiorari to the SC from decision of
the RTC raising issues of fact MAY be
referred by the SC to the Court of Appeals for
decisions or appropriate action!
!
G. Procedure if opinion is equally divided!
EX: When the SC decides the case EN BANC, it does
not mean that all must attend. They only decide by
majority of those who are present. – IMPORTANT!
- let’s say 14 only appear, and the vote is 7-7, what will
they do?!

16! !