Two stages:

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

The following are the review modes:

Kinds of review
1. Appeal:
a. Ordinary Appeal
b. Petition for Review
c. Petition for Review on Certiorari
2. Ordinary Civil Action
a. Annulment of Judgment - 47
3. Special Civil Action
a. Certiorari – 65
b. Prohibition
c. Mandamus

Appellate Jurisdiction (On Appeal)

1. There is no concurrence of jurisdiction in appeal – only in original jurisdiction applies the
concurrence.
2. Hierarchy of courts is always observed
a. Exceptions:
i. In election cases: Decision of 1st level case are reviewable by the
COMELEC (not RTC)
ii. Election cases tried and decided by the RTC – in case of appeal, it goes to
the COMELEC (not CA)
iii.

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

2. Second/Subsequent appeals are appeals as a matter of discretion

a. MTC  RTC  CA: The CA can reject an appeal because it is matter of discretion

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

Issues Appellate court may resolve

1. Those expressly stated in the appeal brief// the errors in SCA
2. Those not so expressly stated but intimately connected with those assigned
3. Those unassigned issues which are however necessary to protect the rights of both
parties in the case and serve the cause of justice
4. Remanding the case
5. Amendment of pleadings

764 SCRA 589

NOT ALLOWED Because it was not raised during the trial

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

Fortune Tobbaco v CIR

761 SCRA 178

Theory of the case

For example, you adapted the theory that your case is queting of title if that theory is in the RTC
then you will appeal YOU CANNOT HAVE ANOTHER THEORY

Metrobank vs
757 SCRA 199
CA dismissed the case without prejudice  then that dismissal is not appealable

Diocese of Bacolod v COMELEC

COMELEC is a tribunal which has division and en banc
The division for and in behalf of the entire tribunal
But unlike the divisions in the judicial hierarchy – decisions of the divisions of the COMELEC are
not directly appealable, only EN BANC DECISION ARE APPEALABLE TO THE SUPREME COURT

Life imprisonment SC has jurisdiction to resolve the appeal

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

MTC dismisses case without Trial

MTC tries the case without jurisdiction

 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

Required from the parties

- Appellants Brief

Proceedings
No due course
No oral argument
No Memorandun

PETITION FOR REVIEW/ CERTIORARI

PETITION
Docket Fees – Clerk of Court of Appellate court
Petitioner and Respondent

Matter of Discretion

Required from the parties

- Comment
Proceedings
There is;
due course
oral argument
Memorandun

Petition for Review (42):

RTC Commercial Court
RTC Agrarian Court

Rule 65:
COMELEC & COA reviewable in relation to Rule 64

Nomenclature used in his petition:

“This petition for review”
- Wrong nomenclature dismiss case

Petition for Review on Certiorari 45

Petition for Certiorari 65

- 65 is not an appeal, it is an original action

- COA and COMELEC – Consittutional Commission

Decisions of NLRC:
CA under 65

Administrative Case of OMB:

Rule 43

Crim Case of OMB:

Rule. 65 – SC

Municipal Court – Elections Cases

COMELEC