Appeals have altered the conviction of
appellants
General Principles of Appeal
- The right to appeal is NOT a constitutional
privilege, natural or inherent right
- It is a statutory privilege. It is available
only if granted or as provided by statutes
- The perfection of an appeal in the
manner and within the period
prescribed by law is not only
mandatory but also jurisdictional and
failure of a party to conform to the
rules regarding appeal will render the
judgment final and executor
o Failure to follow the prescribed
form and to file within the
reglementary period renders the
questioned decision final and
executor and deprives the
appellate court of jurisdiction to
alter the final judgment much less
to entertain the appeal
- Note: This rule is subject to the liberal
construction rule enunciated in Sec. 6
Rule 1 of the RoC
GR: The remedy to obtain reversal or
modification of judgment on the merits is appeal
NOTE: The existence and availability of the
right to appeal proscribes the resort to
certiorari because one of the requirements
for availment of certiorari is that there
should be no appeal available
- A decision of a division of the CA is NOT
binding on its other divisions
- Findings of the trial courts on the
credibility of witnesses deserve a high
degree of respect
o Having observed their deportment
in court, the trial judge is in the
position to determine the issue of
credibility
o The findings of the trial judge will
not be disturbed on appeal in the
absence of any clear showing that
they have overlooked,
misunderstood, or misapplied
some facts or circumstances of
weight and substance that could
- Factual findings of the trial court, when
affirmed by the CA, are final and
conclusive and may NOT be reviewed on
appeal
GR: A party who has not appealed cannot obtain
any affirmative relief except the one granted to
him in the decision
EX: However, the Court may set aside this rule to
pave the way for a full and just adjudication of
the case on the basis of equity
Judgments or orders that are appealable
- An appeal may be taken from a judgment
or final order that completely disposes of
the case, or of a particular matter when
declared by the Rules to be appealable
- An interlocutory order is NOT
appealable until after the finality of the
judgment on the merits
o When the judgment or final order
does not dispose of the case, the
same is not appealable
o Examples: several and separate
judgments
Judgments or orders that are NOT
APPEALABLE
- Certain judgments and orders are
specifically declared as not appealable
- No appeal may be taken from:
o An order denying PETITION FOR
RELIEF or any similar motion
seeking relief from judgment
o An INTERLOCUTORY ORDER
o An order DISALLOWING or
DISMISSING AN APPEAL
o An order denying a MOTION TO
SET ASIDE by consent, confession
or compromise on the ground of
fraud, mistake or duress or any
other ground vitiating consent
o An order of EXECUTION
o A judgment or final order for or
against one or more of several
parties, or in separate claims,
counter-claims, cross-claims, and
third party complaints, whole the
 main case is pending unless the
court allows an appeal therefrom
o An order dismissing an action
WITHOUT PREJUDICE
 A dismissal with prejudice
is an adjudication on the
merits, hence appealable
o An order denying a motion for
NEW TRIAL or motion for
RECONSIDERATION
The proper remedy is to file the appropriate
special civil action under Rule 65
GR: An order of execution is not appealable
EX: A party aggrieved by an improper or
irregular execution may appeal
Exception applies when:
- Writ of execution varies the judgment
- There is a change in the situation of the
parties
- The writ of execution is improvidently
issued
- The writ is defective in substance
- The writ is issued against the wrong party
In these cases, the mode of elevation may be
either by appeal, or by a special civil action for
certiorari, prohibition or mandamus an order of
execution may be challenged under Rule 65
Issues that may not be raised on appeal
- Issues that have not been raised before
the lower courts cannot be raised for the
first time on appeal
- The assignment of errors of the appellant
should refer to the issues raised by the
parties in the trial court
- Rule 44, Sec. 15:
o Questions that may be raised on
appeal—whether or not appellant
has filed a new motion for new trial
in the court below, he may include
in his assignment of errors any
question of law or fact that has
been raised in the courts below and
which is within the issues framed by
the parties
- If a new theory is allowed, the adverse
party has no more opportunity to rebut
the new claim with contrary evidence
because the trial stage has already been
terminated
- Objections relating to non-compliance
with the verification and certification of
non-forum shopping requirements should
not be raised for the first time on appeal
Role of the Appellee
- The appellee’s role in the appeal process
is confined only to the task of refuting the
assigned errors interposed by the
appellant
- Since the appellee is not the party who
instituted the appeal, he merely assumes
a defensive stance and his interest is
solely relegated to the affirmance of the
judgment appealed from
- It is highly erroneous for the appellee
to either assign any error, or seek any
affirmative relief or modification of the
lower court’s judgment WITHOUT
INTERPOSING HIS OWN APPEAL
o Appellee cannot impugn the
correctness of a judgment not
appealed from by him
o He cannot assign such errors as
are designed to have the judgment
modified
o The appellate court cannot take
cognizance of a ground for
dismissal interposed by the
appellee WHO DID NOT APPEAL
Errors to be considered by the appellate
court
GR: The appellate court shall consider no error
unless stated in the assignment of errors
EX: The following errors, though not assigned,
may be ruled upon by the appellate court:
- Error that affects the jurisdiction over the
subject matter
- Error that affects the validity of the
judgment appealed from
- Error which affects the validity of the
proceedings
 - Error closely related to or dependent on
an assigned error, and properly argued in
the brief
- Plain and clerical errors
- Errors consideration of which is
necessary in arriving at a just decision
and complete restitution of the case or to
serve the interests of justice or to avoid
piecemeal justice
- Errors upon which the determination of a
question properly assigned is dependent
Harmless errors
- Errors committed by the trial court which
do not affect the substantial rights of the
parties
- These errors are harmless and do not
require the automatic reversal of the
judgment of the lower court
- In other words, even if an evidence has
been improperly admitted by trial court,
the error will be disregarded on appeal if
the impact of the evidence on the case is
slight and insignificant
Appeal in criminal cases
- An appeal in criminal cases throws the
whole case open for review
- In contrast, in a civil case, the appellate
court, subject to certain exceptions, shall
consider no error unless stated in the
assignment of errors
Payment of docket fee; liberal construction
- Payment of docket fees and other legal
fees within the prescribed period is both
mandatory and jurisdictional
o Non-compliance with which is fatal
to an appeal
- The full amount of the docket fees must
be paid to the clerk of court which
rendered the judgment or final order
appealed from
- Without paying the docket fees, the
appeal is NOT perfected and the
appellate court DOES NOT ACQUIRE
jurisdiction to entertain the appeal,
thereby rendering the decision sought
to be appealed final and executor
o Non-payment of the appellate
court docket and other lawful
fees is a ground for the dismissal
of an appeal
- NOTE: In the exercise of its impartial
jurisdiction, the court allows a
LIBERAL CONSTRUCTION of the rules
on the manner and periods for
perfecting appeals in order to serve
the demands of substantial justice
- Qualifications of the rule:
o Failure to pay the appellate court
docket fee within the reglementary
period allows only
DISCRETIONARY DISMISSAL not
automatic dismissal
o Such power should be used in the
exercise of the Court’s sound
discretion “in accordance with the
tenets of justice and fair play and
with great deal of circumspection
considering all attendant
circumstances”
Record on appeal; notice on appeal
- An appeal is made by filing a NOTICE OF
APPEAL with the court which rendered
the judgment or final order appealed from
and serving the copy thereof upon the
adverse party
- No record on appeal shall be required,
EXCEPT in:
o Special proceedings
o Other cases of multiple or
separate appeals where the law
or the RoC so require
- In a case where multiple appeals are
allowed, a party may appeal only a
particular incident in the case and NOT all
matters involved in the same case
o The others which are not made the
subject of the appeal remain to be
resolved by the trial court
o The record on appeal is REQUIRED
so the appellate court may have a
record of the proceedings to
resolve a separate and distinct
issue raised in the appeal
o Since the original records remain
with the trial court, it still can
resolve the other issues of the case
not made subject of the appeal
o Ex: expropriation cases
  Involves 2 stages:
determination of the lawful
right to take the property &
determination of just
compensation both are
appealable
Dismissal of an appeal
- The following are the grounds for the
dismissal of an appeal by the CA on its
own motion or on that of the appellee:
o Failure of the record on appeal to
show on its face that the appeal
was taken within the period fixed
by the Rules
o Failure to file a notice of appeal or
the record on appeal within the
prescribed periods
o Failure to pay the docket and other
lawful fees
o Unauthorized alterations,
omissions or additions in the
approved record on appeal
o Failure to serve and file the
required number of copies of his
brief or memorandum within the
time provided
o Absence of specific assignment of
errors
o Failure of the appellant to take the
necessary steps for the correction
or completion of the record
o Failure of the appellant to appear
at the preliminary conference or to
comply with the orders, circulars,
or directives of the court without
justifiable cause
o The fact that the order or
judgment appealed from is not
appealable
- The discretion to dismiss the appeal on
that basis is lodged in the CA by virtue of
which the CA may still allow the appeal to
proceed
Withdrawal of the appeal
- Withdrawal of an appeal maybe a matter
of right or matter of judicial discretion
- Before the filing of the appellee’s brief
= the appeal may be withdrawn as a
matter of right
- After the filing of appellee’s brief =
withdrawal may be allowed in the
discretion of the court
Rule 40
Appeal from MTC to the RTC
Where to appeal
- An appeal from a judgment or final order
of a MTC may be taken to the RTC
exercising jurisdiction over the area to
which the former pertains
When to appeal
- An appeal may be taken within 15 days
AFTER NOTICE to the appellant of the
judgment or final order appealed from
How to appeal; contents of notice of appeal
- The appeal is taken by:
o Filing a notice of appeal and record
on appeal, where appropriate, with
the court that rendered the
judgment or final order appealed
from, and by
o Serving a copy of the notice and
record on the adverse party
- The notice of appeal shall:
o Indicate the parties to the appeal
o The judgment or final order or part
thereof appealed from
o State the material dates showing
the timeliness of the appeal
- Within the period for taking an appeal,
the appellant shall pay to the clerk of
court, which rendered the judgment or
final order appealed from the full amount
of the appellate court docket and other
lawful fees
- Proof of payment thereof shall be
transmitted to the appellate court
together with the original record or the
record on appeal
- Within 15 days from the perfection of the
appeal, the clerk of court of the lower
court shall transmit the original record or
record on appeal, with all the relevant
documents, to the proper RTC
Perfection of an Appeal
- By Notice of Appeal
o Deemed perfected upon the filing
of the notice of appeal in due time
- By Record on Appeal
o Deemed perfected with respect to
the subject matter thereof upon
the approval of the record on
appeal filed in due time
- Notice of appeal DOES NOT REQUIRE the
approval of the court
o The function of a notice of appeal
is merely to notify the trial court
that the appellant was availing of
the right to appeal
o The trial court’s only duty with
respect to a timely notice of appeal
is to transmit the original record of
the case to the appellate court
Duty of the clerk of court of the RTC
- Upon receipt of the complete record or
the record on appeal, the clerk of court of
the RTC shall notify the parties of such
fact
Submission of Memorandum
- Within 15 days from such notice , it shall
be the duty of the appellant to submit a
memorandum, a copy of which shall be
furnished the appellee
- For the appellant, the filing of a
memorandum is VITAL to his appeal
o Failure to file shall be a ground for
dismissal
o Memorandum shall briefly discuss
the errors imputed to the lower
court
- The appellee may, if he so desires, file his
memorandum within 15 days from the
receipt of the appellant’s memorandum
When case is deemed submitted for decision
- The case shall be deemed submitted for
decision upon the filing of the
memorandum of the appellee, or the
expiration of the period to do so
Basis of the decision
- the RTC shall decide the case on the basis
of the ENTIRE RECORD of the
proceedings had in the court of origin and
such memoranda as are filed
Appeal from an order dismissing a case for
lack of jurisdiction
- A case may be dismissed in the MTC
without a trial on the merits
o This occurs when a motion to
dismiss is granted in accordance
with Rule 16
- If an appeal is taken from the dismissal by
the lower court, the RTC may affirm or
reverse it, as the case may be
- If the dismissal in the MTC is made on
the ground of lack of jurisdiction over
the subject matter, and the RTC
affirms, the actions of the latter, if it
has jurisdiction, shall NOT be confined
to a mere affirmation
- The rule requires the RTC to try the
case on the merits as if the case was
originally filed with it
- The RTC on appeal shall not dismiss
the case if it has original jurisdiction,
but shall decide the case in accordance
with the Rules
o The court may, however, admit
amended pleadings and additional
evidence in the interest of justice
- NOTE: When a case is dismissed
pursuant to a MTD or motu proprio for
lack of jurisdiction, the order of dismissal
is WITHOUT PREJUDICE
o An order dismissing an action
without prejudice is NOT
APPEALABLE
- Sec. 8, Rule 40 allows an appeal from
an order of the MTC dismissing a case
for lack of jurisdiction
o The said provision should be
considered an EXCEPTION to
Sec. 1, Rule 41 which precludes
an appeal from an order
dismissing an action without
prejudice
 Rule 41
Appeal from the RTC to the CA
Modes of appeal from the decision of the RTC
- There are 3 modes of appeal:
o Ordinary appeal or appeal by writ
of error
 Judgment was rendered by
the RTC in the exercise of
its original jurisdiction
 Governed by Rule 41
 Taken to the CA on
questions of fact or mixed
questions fact and law
o Petition for review
 Judgment was rendered by
the RTC in the exercise of
its appellate jurisdiction
 Governed by Rule 42
 Taken to the CA on
questions of fact, questions
of law or mixed questions
of fact and law
o Petition for review on certiorari or
appeal by certiorari
 To the SC
 Brought to the SC from the
decision of the RTC in the
exercise of its original
jurisdiction
 Only on questions of law
Modes of appeal from the RTC to the CA
- Two modes of appeal:
o By writ of error (ordinary appeal)
 Appealed judgment was
rendered in a civil or
criminal action by the RTC
in the exercise of its original
jurisdiction
o By petition for review
 Where the judgment was
rendered by the RTC in the
exercise of its appellate
jurisdiction
Modes of appeal from the RTC to the SC
- Appeal by certiorari or petition for review
on certiorari under Rule 45
o Brought to the SC from the
decision of the RTC in the exercise
of its original jurisdiction and only
on questions of law
- To file a petition under Rule 45 raising
mixed questions of fact and law is to avail
of a wrong remedy
- Likewise, an appeal under Rule 41
(ordinary appeal) taken from the RTC to
the CA raising only questions of law shall
be dismissed
o Issues purely of law not being
reviewable by said court
Application of Rule 41 on ordinary appeal
- Rule 41 applies from the judgment or
final order of the RTC in the exercise of its
original jurisdiction
- **if the litigant loses in the MTC and on
appeal loses in the RTC, the mode of
appeal to the Court of Appeals is by way
of petition for review under Rule 42
o RTC exercised its appellate
jurisdiction in this case
When to appeal
- The appeal shall be taken within 15 days
from notice of judgment or final order
appealed from
- Where a record on appeal is required, the
appellant shall file a notice of appeal and a
record on appeal within 30 days from
notice of the judgment or final order
- In habeas corpus cases, the appeal shall be
taken within 48 hours from notice of
judgment or final order
How to appeal
- Appeal by:
o Filing a notice of appeal with the
court which rendered the
judgment or final order appealed
from
o Serving a copy thereof upon the
adverse party
- A record on appeal shall be required in:
o Special proceedings
o Other cases of multiple or separate
appeals when so required by law
or the Rules
o Where both parties are appellants,
they may file a joint record on
appeal
- Within the period for taking an appeal,
the appellant shall pay to the clerk of
court, which rendered the judgment or
final order appealed from, the full amount
of the appellate court docket fee
o A party’s notice of appeal is
deemed perfected as to him upon
the filing of a notice of appeal in
due time
o A party’s appeal on record is
deemed perfected as to him with
respect to the subject matter upon
the approval of the record on
appeal filed in due time
- Within 30 days after perfection, the clerk
of court shall verify the correctness and
completeness of the records
o If incomplete = clerk shall take
measures to complete such
records
o Clerk shall transmit the same to
the appellate court, and furnish the
parties with copies of his letter of
transmittal of the records to the
appellate court
- Upon receiving the original record and
the accompanying documents, as well as
proof of payment of fees, CA shall docket
the case and notify the parties
- Within 45 days from the receipt of the
appellant’s brief, the appellee shall file his
own brief with proof of service to the
appellant
o Within 20 days form the receipt of
the appellee’s brief, the appellant
may file a reply brief
o Extension of time for the filing of
the briefs is NOT allowed
EXCEPT for good and sufficient
case and only if the motion for
extension is filed BEFORE THE
EXPIRATION of the time sought
to be extended
o In petitions for certiorari,
prohibition, mandamus, quo
warranto and habeas corpus
cases, briefs are NOT filed
 Instead, the parties shall file
their respective
MEMORANDA within a non-
extendible period of 30
days from the receipt of
notice issued by the clerk
that all evidences are
already attached to the
record
Questions that may be raised on appeal
- Rule 44: appellant may include in his
assignment of errors any question of law
or fact that has been raised in the court
below and is within the issued framed by
the parties
- An appeal from the RTC to the CA
under Rule 41 should not raise
questions of law because of Sec. 2 of
Rule 50
o Such appeals will be dismissed not
being reviewable by said court
Residual Jurisdiction
- Refers to the authority of a trial court to
issue orders for the protection and
preservation of the rights of the parties,
which do not involve any matter litigated
by the appeal, approve compromises,
permit appeals of indigent litigants, order
execution pending appeal and allow
withdrawal of appeal provided these are
done PRIOR TO THE TRANSMITTAL OF
THE ORIGINAL RECORD or THE
RECORD ON APPEAL
o EVEN IF THE APPEALS HAVE
ALREADY BEEN PERFECTED or
DESPITE THE APPROVAL OF
THE RECORD ON APPEAL
o Or in case of a petition for review
under Rule 42 before the CA gives
due course to the petition
- Residual jurisdiction of the trial court
is available at a stage in which the
court is normally deemed to have lost
jurisdiction over the case or the
subject matter involved in the appeal
- THERE IS NO RESIDUAL JURISDICTION
TO SPEAK OF WHERE NO APPEAL OR
PETITION HAS EVEN BEEN FILED
 Rule 42
Petition for Review from the RTC to the CA
Application of Rule 42
- Applies to an appeal from the judgment or
final order of the RTC to the CA in the
RTC’s exercise of its appellate jurisdiction
- In contrast to Rule 41, a petition for
review is filed with CA (notice of appeal
filed with the RTC)
When to appeal
- Appeal shall be made within 15 days from
notice of the decision sought to be
reviewed or for the denial of the
petitioner’s motion for new trial or
reconsideration
- Court may grant an additional 15 days
only provided that the extension is
sought:
o Upon proper motion
o Payment of the full amount of the
docket and other lawful fees and
the deposit of the costs before the
expiration of the reglementary
period
- No further extension shall be granted
except for the most compelling reason
and in no case to exceed 15 days
How to appeal
- By filing a verified petition for review
with the CA
o Paying at the same time to the
clerk the corresponding docket
and other lawful fees
o Depositing the amount of P500 for
the costs
o Furnish the RTC and the adverse
party a copy of the petition
o The appeal is perfected upon the
timely filing of a petition for
review and the payment of the
corresponding docket and other
lawful fees
- The petition shall be filed in the proper
form required including, among others:
o Concise statement of the matters
involved
o The issues raised
o The specification of errors of law
or fact
o The specific material dates
showing that the petition was filed
on time
 Commonly called the
material data rule
o This petition also requires
certification against forum
shopping
- Failure to comply with any of the
requirements shall be sufficient ground
for the dismissal of the petition
- CA may dismiss the petition if:
o It is patently without merit
o Merely for delay
o Questions raised are too
unsubstantial to require
consideration
- If the CA does not dismiss the petition, it
may require the respondent to file a
COMMENT on the petition within 10 days
from notice
o Respondent shall file a comment
NOT a motion to dismiss
- If the CA finds prima facie that the lower
court committed an error of fact or law,
give due course to the petition
o If the petition is given due course,
CA may set the case for oral
arguments or require the parties
to submit memoranda within a
period of 15 days from notice
o The case shall be deemed
submitted for decision upon the
filing of the last pleading or
memorandum required
Residual Jurisdiction
- Doctrine of Residual Jurisdiction also
applies to Rule 42
- The RTC loses jurisdiction over the case
upon the perfection of the appeals filed in
due time and the expiration of the time to
appeal of other parties
- However, the RTC, despite the
perfection of appeals, may still issue
orders for the protection and
preservation of the parties which do not
involve any matter litigated by the
appeal, approve compromises, permit
 appeals of indigent clients, order
execution pending appeal, and allow
withdrawal of the appeal provided
these are done before the CA gives due
course to the petition
o In contrast with residual
jurisdiction in ordinary appeal
 Exercised prior to the
transmittal of the original
record or the record on
appeal
Stay of judgment
- Except in civil cases under the Rules on
Summary Procedure, the appeal, as a rule,
shall stay the judgment or final order,
UNLESS the CA, the law or the rules shall
provide otherwise
Rule 43
Other Appeals/Review
Appeals from quasi-judicial bodies
- Appeals from judgments and final orders
of quasi judicial bodies/agencies are now
required to be brought to the CA
- It has also been held that Rule 43 is the
correct mode of appeal for decisions,
orders, or resolutions of the DAR
Secretary
- The appeal under Rule 43 may be
taken to the CA whether the appeal
involves a question of fact, a question
of law, or mixed questions of fact and
law
- The appeal shall be taken by filing a
verified petition for review with the CA
within 15 days from notice
- The appeal shall NOT stay the award,
judgment, final order, or resolution
sought to be reviewed, UNLESS the CA
shall direct otherwise upon such terms
as it may deem just
Review of the decisions of the NLRC
- This review is NOT through an appeal
- The proper remedy is for the aggrieved to
promptly move for the reconsideration of
the decision and, if denied, to timely file a
special civil action for certiorari under
Rule 65 within 60 days from notice of the
decision
- The petition for certiorari shall be filed
with the CA
- From the CA, the remedy of the aggrieved
party is an appeal via a petition for review
on certiorari to the SC under Rule 45
o In the SC, only questions of law
may be raised
- The special civil action of certiorari under
Rule 65 is limited to issues of errors of
jurisdiction or grave abuse of discretion
o However, labor cases elevated to
the CA via Rule 65, pursuant to its
express legal mandate and its
equity jurisdiction, the CA is
empowered to review factual
findings and evaluate the
materiality and significance of the
evidence alleged to have been
capriciously, whimsically or
arbitrarily disregarded by the
NLRC
Review of decisions of voluntary arbitrators
in labor cases
- Issue: Whether or not the decision of a
voluntary arbitrator in labor cases is
appealable
- Sec. 2 Rule 43 provides that Rule 43 does
no apply to judgments or final orders
issue under the Labor Code of the
Philippines
o Decisions of voluntary arbitrators
issued pursuant to the Labor Code
do not come within the ambit of
Sec. 2 of Rule 43
Appeals from the Sandiganbayan
- Appealable to the SC by way of certiorari
under Rule 45 raising pure questions of
law
- Rule 65 is NOT the remedy
- Following issues are not appealable
(questions of fact):
o Whether the prosecution was able
to prove the accused beyond
reasonable doubt
o Whether the presumption of
innocence was sufficiently
debunked
 o Whether conspiracy was
satisfactorily established
o Whether good faith was properly
appreciated
- ^The findings of the Sandiganbayan on
the foregoing matters are deemed
conclusive
Review of the rulings of the OMB
- In administrative disciplinary cases, the
rulings of the OMB are appealable to the
CA
o The CA has jurisdiction over
orders, directives, and decisions of
the OMB in administrative
disciplinary cases only
 It CANNOT therefore,
review the orders,
directives or decisions of
the OMB in criminal or non-
administrative cases
- In cases in which it is alleged that the
OMB has acted with GADALEJ, a special
civil action for certiorari under Rule 65
may be filed with the SC to set aside the
OMB’s order or resolution
o Also, questioning the OMB’s
finding of lack of probable cause
- In criminal cases, the SC’s power of
review of resolutions of the OMB is
restricted only to determining whether
GAD has been committed by it
o The Court is not authorized to
correct every mistake or error of
the OMB other than GAD
Injunction Orders by the CA against the OMB
- Not limited to the issuances of the SC; 1st
paragraph of Sec. 14 of RA 6770 was
declared unconstitutional on the ground
of deprivation of judicial review by the
courts
Appeals from judgments of the CTA
- A party adversely affected by resolution
of a Division of the CTA, on a motion for
reconsideration or new trial, may file a
petition for review with the CTA en banc
- A party adversely affected by a decision
or ruling of the CTA en banc may file with
the SC a verified petition for review on
certiorari pursuant to Rule 45
Review of Judgments of the Commission on
Elections
- A judgment, resolution or final order of
the COMELEC may brought by the
aggrieved party to the SC on certiorari
under Rule 65 by filing the petition within
30 days from notice
o Rule 64 does NOT cover rulings of
the COMELEC in the exercise of its
administrative powers
o The rule only relates to those
rendered in the exercise of
adjudicatory or quasi-judicial
powers
o Rule 64 limited to decisions,
orders, and rulings issued
pursuant to authority to be the
sole judge on controversies
relating to elections, returns and
qualifications of elective officers
- Review by the SC is limited only to the
jurisdictional issue of whether the
COMELEC acted without or in excess of
jurisdiction, or with GADALEJ
- Findings of fact of the COMELEC shall be
final and non-reviewable UNLESS its
action oversteps the limits of its
discretion to the point of being grossly
unreasonable
Review of COA
- A judgment, resolution or final order of
the COA may be brought by the aggrieved
party to the SC on certiorari under Rule
65 by filing the petition within 30 days
from notice
- The filing of a petition in the SC under
Rule 45 of the RoC is not the correct
remedy
- HOWEVER, in administrative disciplinary
cases decided by the COA, the proper
remedy in case of an adverse decision is
an appeal to the CSC and NOT a Rule 65
petition to the SC
Appeals from judgments of the CSC
- A judgment, final order or resolution of
the CSC may be taken to the CA under
Rule 43 of the RoC
- The appeal shall be taken within 15 days
from notice
Appeals from judgments of the Office of the
President
- Judgments, resolutions, or final orders of
the Office of the President may be taken
to the CA under Rule 43
Review of the resolution of the SoJ; rule for
violations of tax and tariff laws
- Courts CANNOT reverse the findings of
the SoJ, except in clear cases of GAD
- The CA is clothed with jurisdiction to
review the resolution of the SoJ through a
petition for certiorari under Rule 65 on
the ground of GAD
- Rule 43 CANNOT be brought to assail the
resolution of the SoJ dismissing a
complaint for lack of probable cause
o The SoJ is not an officer exercising
quasi-judicial functions
- The CA is clothed with jurisdiction to
review the resolution issued by the SoJ
through a petition for certiorari under
Rule 65 solely on the ground that the SoJ
committed GADALEJ
o DOES NOT APPLY TO TAX AND
TARIFF CASES
 The jurisdiction over a
petition for certiorari
assailing the DOJ resolution
in a preliminary
investigation involving tax
and tariff offenses was
transferred to the CTA
 It is the CTA, not the CA
which has jurisdiction over
the petition for certiorari
assailing the DOJ resolution
of complaints on Tariff and
Customs Code of the
Philippines
Appeal to the Office of the President from the
decision of the DOJ
- Judicial pronouncements do not allow an
appeal to the CA under Rule 43 from the
resolution of the SoJ, the appeal referred
to in such pronouncements evidently
pertains only to a judicial appeal
- An administrative appeal is NOT
PROSCRIBED
o Appeals from or petition for
review of “decisions, orders,
resolutions of the SoJ on
preliminary investigations of
criminal cases” are entertained by
the Office of the President under
the following conditions:
 The offense is punishable
by reclusion perpetua
 New and material issues are
raised which were not
previously presented
before the Department of
Justice and were not hence,
ruled upon
 The prescription of the
offense is not due to lapse
within 6 months from
notice of the questioned
resolution
 The appeal of petition for
review is filed within 30
days from notice
- From the Office of the President, the
aggrieved party may filed an appeal with
the CA pursuant to Rule 43
o The final orders or resolutions of
the Office of the President is
appealable to the CA by filing a
verified petition for review
- The party aggrieved by the judgment,
final order or resolution of the CA may
avail of an appeal by certiorari to the SC
under Rule 45
Mode of Appeal to the SC
- An appeal to the SC may be taken by a
petition for review on certiorari, except in
criminal cases where the penalty imposed
is death, RP, or life imprisonment
o This mode of appeal is that which
is prescribed in Rule 45, also
known as “appeal by certiorari to
the SC”
 - Because of this, a notice of appeal taken to
the SC shall be dismissed
- Rule 45 is applicable to both the civil and
criminal cases
Justice Aquino’s Lecture:
- 2 major phases of a full-blown trial:
o Trial stage
o Review stage
- Review
o We refer to a superior court going
over the decision brought to it by
an inferior court
o To determine whether the
decisions appealed to it is based on
evidence and as in conformance
with law to the end that justice
may be served
o Not only evidence and the law that
will determine the proper decision
of the appellate court, but also its
service to the cause of justice
- Is justice a legal term?
o It is a term in moral philosophy,
because in justice you do not look
into the law alone—which you do
when you are after the legal aspect
of the decision
o Ethical rules, standards of fairness
and all the norms and conducts
that tradition has assigned to the
judicial processes
- The following are the review modes:
(Kinds of Review)
o Appeal
 Ordinary Appeal (Rule 40
and 41)
 Petition for Review (42 and
43)
 Petition for Review on
Certiorari (64 and 65)
o Ordinary Civil Action
 Annulment of judgment
(47)
o Special Civil Action
 Certiorari (65)
 Prohibition (65)
 Mandamus (65)
- Appellate Jurisdiction
o There is no concurrence of
jurisdiction in appeal
 Only applies in original
actions
o Hierarchy of courts is always
observed
 When one appeals a case
from an inferior court it
should be filed to the next
level court (next upper level
court)
 So when you are appealing
a decision of the first level
court you should go to the
RTC
o There are exemptions:
 In election cases, decisions
of first level courts are
reviewable by the
COMELEC
 Same is true in election
cases decided by the RTC,
goes to the COMELEC
- Reminders in terms:
o The term “file an appeal” is wrong;
the proper wording is “to take an
appeal” (you do not file an action,
you institute it)
o What you file is a NOTICE of
appeal
o It is correct to say “appealing the
decision to…” OR “taking an appeal
from the decision of…”
- Philosophy of appeal
o The first appeal is generally a
matter of right
o A second appeal or subsequent
appeals are appeals as a matter of
discretion
o Ex. When you take an appeal from
a decision from the decision of the
first level court to the RTC (matter
of right; RTC has no discretion but
to act on the appeal)
o Matter of right = does not mean
that the appellate court cannot
dismiss case; it just means that the
court has no discretion on whether
to accept the appeal
- Parties in an Appeal
o Appellant
 Is the party taking an
appeal
  Appellee
 Is the one an appeal
is taken against
 Is not entitled to any
relief, other than the
one granted by the
lower court that is
the one appealed in
the appellate court
o Only parties to the decision of the
case can take an appeal; NO
INTERVENTION IN THE
APPELLATE COURT
o But even a party cannot appeal an
adverse decision if at the time of
the appeal he has no more interest
in the subject matter
 Therefore, when a party
absolutely waives or
assigns his right to another,
he is not qualified to appeal
o Is substation allowed in appellate
courts?
 Yes. When an appellant dies
his heirs cant take his place.
OR when his interests are
assigned
o The prevailing party can also
appeal
 If he is not satisfied the
decision
o Even if the review of the evidence,
the court finds that the appellee is
entitled to more of the relief, THE
COURT CANNOT DO SO (the
appellee should have appealed)
o This is entirely different in
criminal cases
 When a criminal case is
appealed, the entire case is
open for review
- Appeal is not a constitutional right, nor a
natural right
o It is merely a statutory right
o And since it is a statutory right, an
appeal therefore must conform to
all the requirements prescribed by
law or the rules
o And if there is a requirement that
is not complied with, that is
enough to dismiss the appeal
- Payment of appeal docket fee
o You pay to the clerk of court of
origin
- There are 2 cases which are diametrically
opposed to one another
o One says that the payment of the
appeal docket fee is not only
mandatory but jurisdictional
 What is the difference of
mandatory and
jurisdictional?
 Mandatory = non-
compliance can lead to
dismissal, but it may be
waived
 Jurisdictional = everything
becomes a nullity
afterwards
 Therefore if you continue a
case without the payment,
everything after that
becomes a nullity
 But if it is only mandatory,
and no question is raised,
and proceedings push
through
 The decision and
proceedings are valid
o Another decision, failure to pay the
appellate docket fee is a ground to
dismiss, but the dismissal of the
case is OPTIONAL, the court can
grant the party a grace period
within which to pay the complete
docket fee provided that it is not
beyond the reglementary period
provided by the law
- What issues can be taken up on appeal?
o Issues of fact and issues of law
o If it is necessary to review and
reevaluate the evidence in order to
resolve an issue, that issue is one
of fact. But if the issue can be
resolved without touching on the
facts or considering the facts, that
issue is one of law
o Specifically however, what are
those that are considered as
subjects to judicial inquiry in an
appeal case?
 In appeal cases there are
two types of errors:
 Errors in jurisdiction
 Errors in judgment
 When in jurisdiction…
 Then the case may
be dismissed at any
stage of the
proceeding upon - In order that an appellate court can
motion or motu
proprio by the court
 When error in judgment…
 Then it has to be
resolved after
considering the
entire records of the
case
 What is an error of
judgment?
 If a court has
acquired jurisdiction
of a case, any error
that it commits is an
error of judgment
 Why is it important to
remember this?
 It is important
because, when the
error is in
jurisdiction, the - In order that an issue may be raised in an
relief is not appeal
but special civil
actions
 Therefore the only review
power of appellate courts is
to correct errors in
judgment
 Does this mean that
an appellate court
cannot declare the
lack of jurisdiction of
a court in a case?
o NO! the
appellate - The following are the issues that appellate
court can rule
on matters of
jurisdiction,
but this does
not change
the
complexion of
the court in
appeal cases,
which is
review for
errors of
judgment
only
resolve an issue it must be assigned as an
error in the brief or memorandum AND
properly argued on
o In the appellant’s brief, there is a
part called assignment of error
o In that assignment of errors, you
enumerate all the errors that in
your view was committed by the
court in order to support or justify
your appeal
o BUT this is not enough to state
those errors in the assignment
o The next title of the brief is called
the “Argument”
 You must discuss and argue
on those particular errors
you have assigned
 And if you fail to argue or
discuss, the court will not
accept this
appellate court, it must be an issue that
appears in the PRE-TRIAL ORDER (Sun v.
Sun)
o The pre-trial order is a very vital
part of the records, no errors in the
appellate court is not found in the
pre-trial order
o XPN: when an issue has been
argued upon by the parties and
ruled upon by the court without
having it appear in the pre-trial
order, IT CAN BE RAISED ON
APPEAL
court may resolve:
o Those expressly stated in the
answers and memoranda
o Those not so expressly stated, but
are intimately connected with
those assigned, may also be taken
cognizance of the appellate courts
 o Those unassigned issues which are
however necessary to protect the
rights of both parties in the case
and to serve the cause of justice
- Matter of Style
o It is preferable in argumentation
and in brief making that the issue
be phrased in an interrogative
sentence
- What are the courses of action of an
appellate court with regard to the
appealed decision:
o Affirmance of the appealed
decision
o Reversal of the appealed decision
o Modification of the appealed
decision
o Remanding the case to the court of
origin
 Amendment of pleadings in
the court of origin
- An appeal of course may be dismissed for
a number of reasons
- DENIAL of appeal is a wrong term
- But a NOTICE of appeal is not approved,
dismissed, etc. but is given/denied due
course
- What can be appealed?
o Only judgments and final orders
o And therefore, interlocutory
orders are not appealable
o And generally all incidents after
judgments are considered
interlocutory incidents (cannot be
appealed)
- Cases:
o Jose Yulo agricultural corporation
v. Nagis 764 SCRA 589
 In this case the issue was
whether an issue not raised
before the judgment of the
court but was raised for the
first time in a MR, can the
appellate court take
cognizance and resolve the
issue?
 NOTE: The issue was
not raised in the
hearing and
judgment
 SC ruled that the
issue is NOT allowed
in the appellate
court because it was
not raised during the
trial
o Hernardo v COMELEC 767 SCRA
168
 The issue here is whether a
party who filed a motion for
reconsideration of the
decision is allowed to
appeal even before the
resolution of the MR
 NOTE: the appellant
has a pending MR
but he filed his
notice of appeal, and
the court gave due
course to it. Is this
allowed?
 SC held that this
allowed, and by
filing the notice of
appeal, it amounted
to a withdrawal of
the MR
o Fortune Tobacco Corp v. BIR 761
SCRA 178
 When evidence is offered
and the offer is rejected by
the court, the offering party
has a remedy, and that is to
tender an excluded
evidence.
 Lawyer will state in
records the nature of
the excluded
evidence in the
records for
perpetuation; leads
to a determination
whether the
exclusion of such
evidence was proper
 The issue here is that there
was an evidence rejected by
the lower court, and the
party did no act up on this
when and raised this
 question. It is only on
appeal that they raised the
issue
 SC held this is not allowed
because one can make a
tender of evidence
o Metrobank v JNP Builders Inc 775
SCRA 119
 When the RTC renders a
decision which is appealed
to the CA and the CA
dismisses the case without
prejudice that same
decision is NOT appealable
o Diocese of Bacolod v. COMELEC
747 SCRA
 COMELEC is a tribunal
which has divisions and en
banc
 The division like the SC and
CA renders a decision for
and on behalf of the entire
tribunal
 BUT unlike the division in
the judicial hierarchy,
decisions of the division of
the COMELEC are not
directly appealable, only
the decisions of the
COMELEC en banc are
appealable to the SC
o Dungo v People 761 SCRA 275
 Under the Constitution,
when the imposed penalty
is RP or life imprisonment,
the SC has jurisdiction to
resolve the appeal
 Note: instead of the appeal
going directly to the SC, it
now goes first to the CA—
CA has the first crack in
reviewing the decision of
the RTC
 If the CA affirms the
decision of the RTC,
the decision of the
CA is appealed to the
SC (note: this is
already a second
appeal; but this
appeal as a MATTER
OF RIGHT; an
exception to the
rule)
o Reyes v Peope 763 SCRA 226
 Failure of the appellant to
pay the appellate docket fee
within the prescribed
period warrants ONLY
discretionary not automatic
dismissal of the appeal
o Heirs of Garcia v Municipality of
Iba Zambales 703 SCRA 349
 The non-payment of
appellate court docket fee
within the reglementary
period is both mandatory
and jurisdictional, which is
fatal to the appeal and is a
ground to dismiss
- “Theory of the case”
o Know all the facts and arguments
raised in the case, then formulate
this theory
o If a theory was put forth in a lower
court and you lost, you cannot put
forth a new theory on appeal
(changing theories)
- What actions in the first level court are
appealable?
- What are the two modes of appeal in the
first level courts?
o Notice of appeal
o Notice of appeal AND record of
appeal
- When is record on appeal necessary?
o Special proceedings and special
civil actions wherein multiple
appeals are allowed to be
instituted
- What is the period of taking an appeal on
decisions of the first level courts?
o 15 days and 30 days depending
upon the mode of appeal
- What are the requirements for the
execution of an appeal?
o Filing of notice of appeal
o Payment of the docket fees and
other lawful fees
o Service of the copy of the notice of
appeal on the parties
- What are the contents of the notice of
appeal?
o Parties to the appeal
o The judgment or final order or part
thereof appealed from
o The court to which the appeal is
being taken
o Material dates to show that the
appeal was filed on time
- Is there is any incident that suspends the
period for taking an appeal
o Yes. Filing an MR and an MNT
o Fresh 15 days
- Material date rule
o Information given to the court that
the appeal is seasonably filed
o Within 15 days from the judgment
or final order
o Within a fresh 15 days from the
receipt of an order of denial of the
MR or MNT
- Is there an action required by the rule on
the court upon the filing of the notice of
appeal? (Should the notice of appeal be
approved or disapproved by the court?)
o NO
o What if the notice of appeal was
filed out of time?
 The court should deny the
motion in due course
- Are there instances wherein the court can
deny the notice of appeal?
o Yes. Rule 40 on denial of notice of
appeal
- When is an appeal perfected?
o Filing of the notice of appeal to the
court of origin, payment of the
docket fees, and the service of such
notice
o 2 kinds of perfection:
 As to the appellant
 See the one above
 As to the appeal
 Expiration of the
reglementary period
for others to take an
appeal
- What is the effect of the perfection of the
appeal as to the whole case?
o The court of origin loses its
jurisdiction
- Residual jurisdiction
o If the motion of execution pending
appeal is filed before the court
loses its jurisdiction, it can still
take cognizance of it still
o DAPAT FILED YUNG MOTION OF
EXECUTION WHILE THE COURT
HAS JURISDICTION
o Before transmittal of the records
of the case
- After the records of the case have been
forwarded to the appellate court, what
should the appellate court do?
o Affirm
o Reverse
o Deny
o Remand
- If the appellate court agrees with the
lower court that it has no jurisdiction, the
RTC will first determine if it has
jurisdiction over the case, if it has no
jurisdiction—affirm denial
o But if it has jurisdiction, it will try
the case as if the case was initially
instituted in the court
o Scenario: the case is dismissed in
the MTC due to lack of jurisdiction.
Plaintiff appeals. In the RTC, there
are 2 possible course of action:
 Affirmance
 RTC affirms the lack
of jurisdiction of the
MTC, the RTC should
next find out if it has
jurisdiction over the
case (it is possible
that the RTC also has
no jurisdiction over
the case)
 Reversal
 Remand the case for
further proceedings
- What are the modes of appeal from the
decisions of the RTC?
o Ordinary appeal
o Petition for review
- 3 grounds wherein the court may motu
proprio dismiss the case:
o Appeal is patently without merit
o Filed for delay
 o That the questions raised were too
unsubstantial
- To acquire jurisdiction over the person
the respondent must rescind the filing of
comment (?) & when the court finding a
resolution that gives due course to the
petition, (finding of prima facie merit)
that means to say that the petition and
evidence is sufficient
o “Pag ikaw ang petitioner 75%
panalo ka na pag given due
course…”