Professional Documents
Culture Documents
1. Trial Stage
a. Rule 1 to Rule 39
2. Review Stage
a. Based on evidence and in conformance with the law to re-end the justice may be
served
b. It will not only be evidence and the law, but also its service to course of justice
c. Justice – don’t look at in the law alone
Notes:
- Term to “File an appeal” is wrong CORRECT: take an appeal
o You file a NOTICE of an APPEAL
o Correct “appealing the decision to…”
o Taking an appeal from the decision of
- You don’t file an action you INSTITUTE an action
Philosophy of an appeal:
1. The first appeal is generally an appeal as a matter of right
a. MTC RTC: The RTC has the duty accept the appeal; it doesn’t mean it cannot
dismiss the case, it just mean the it cannot exercise discretion to accept or not to
accept the appeal
PARTIES TO AN APPEAL
- Appellant: party taking the appeak
- Appellee: Is the one who prevailed in the case
Only parties in a case can appeal a decision of the court, non-parties of the case are not allowed
– no intervention in the appellate court.
Characteristic:
1. Appeal is not a constitutional right nor a natural right – it is merely a statutory right
a. Therefore the one seeking shall comply strictly to the law and rules
b. And if there is a requirement not complied with – that is enough to dismiss the
appeal
i. Payment of docket fee – pay in the court of origin’s clerk of court
ii. Jurisdictional requirement – everything after this it becomes a nullity
1. If you continue the case without the docket fee, everything after
that is a nullity because it is jurisdictional requirement
iii. However if the requirement is merely mandatory – the proceedings of the
case are VALID
On appeal:
- Issues of facts
- Issues of law
- Mixed issues
Error in Judgment
- Any error it commits is an error in judgment
ARNADO v COMELEC
MR of the decision is allowed to appeal even before the resolution of his MR
Court said: Allowed, it amounted to withdrawal of the MR
Metrobank vs
757 SCRA 199
CA dismissed the case without prejudice then that dismissal is not appealable
Reyes v People
Failure of the appellant to pay the pay the docket fee within the prescribed period warrants
only discretionary not automatic dismissal of the appeal to warrant dismissal of the appeal
May 7, 2018
A motion to dismiss lack of Jurisdiction over SM, filed by the defendant, then dismissed
the case this order that dismisses the case is final order
1. Remedy is to appeal
a. RTC can affirms the final order due to the lack of
jurisdiction
i. What should it do:
1. It could try the case IF IT HAS JURISDICTION
as if it is the original jurisdiction
ii. EXAMPLE: Accion publiciana either MTC or RTC
depends on the amount of the real property
1. MTC has no jurisdiction on SM for example,
correctly dismissed
2. Then goes to appeal in RTC then found
out that it has jurisdiction, then it could try
the case
Notice of Appeal and Fees are filed Deemed perfected as to the case of the appellant but
doesn’t mean that the appellate court has jurisdiction
As to the perfection of the ENTIRE CASE as to the lapse of the reglementary period
ORDINARY APPEAL
Record on Appeal
Notice of Appeask
Docket Fees – Clerk of curt of origin
Parities
- Appellant and Appelle
Matter of Discretion
Proceedings
No due course
No oral argument
No Memorandun
Matter of Discretion
Rule 65:
COMELEC & COA reviewable in relation to Rule 64
Decisions of NLRC:
CA under 65