er Interlocutory Order Disposes of the matter | Does not dispose of a in its entirety, leaving | case completely but nothing more to be |leaves something done but to enforce | more to be decided execution upon. Not appealable except through a petition for certiorari under Rule 65 Appealable Must clearly and distinctly state the law and the facts on which it is based No need to comply with such a requirement MODES OF APPEAL rm a Petition for Review by Certiorari ‘Appeal by writ of error Rule 42 Rule 45 Case decided by RTC in the Case is decided by RTC ints |r ore anetigne |C2S® devided by the RTC, CA, original jurisdiction _ pe TA, and Sandiganbayan jurisdiction Appealed to the CA Petition for review with the CA_| Appealed to the SC File a verified petition for | File verified petition for review on review with CA, certiorari with the SC. File notice of appeal or record of appeal with court of origin and give a copy to Pay docket and lawful fees and | Pay docket and tawiul fees and 500 as deposit for costs with | P500 for costs. ‘cs the CA. Submit proof of service of a copy averse party Fumish RTC and adverse party | to the lower court and adverse a copy of such party Within 15 days from notice of judgment for notice of appeal and 30 days for records on appeal Within 15 days from notice of | Within 15 days from notice of decision to be reviewed or from | judgment or order of denial of denial of a MFR or MENT MER or MENTPERIOD OF APPEAL eo ere MTC to RTC Fresh period to No extensions allowed appeal from denial MR or MNT By notice of appeal; within 15 days from notice of judgment or final order By record of appeal; within 30 days from notice of judgment ar final order RTC to CA By notice of appeal, Fresh period to Within 15 days from notice of judgment | No extensions allowed appeal from or final order Genial MR or MNT By record of appeal; wathin 30 days from notice of judgment or final order MITC to RTC to CA The CA may grant a 1S day extension 15 days from notice of the judgment or | RSM | Fresh period to final order OR from denial of MR or | erase tar ene mont | PPEBL from MNT denial MR or MNT ‘compelling reasons and in no case longer than 15 days. QUA to CA 15 days from notice of the award, |The CA may grant a 15 day|Fresh period to judgment, final order or resolution or | extension. No further extension | appeal from from date of last publication if required | shall be granted except for the | denial MR or MNT oe res bylaw OR from denialof MR or MNT | most compelling reasons and in no case longer than 15 days. RIC to SC; RTC to CA to SC; CA to SC 15 days from novice ofudgment or final 5. Se may grant a 30 day] Fes Petiod 10 Sm Gent of pestione’s MR | extension forjustfiablereasons, | “PPA fom Pare aree eyo revs aes Requires identity | There is only identity of of parties, |parties and subject subject’ matter, | matier i and causes of | Cause of action are Remedies of Third-Party Claimant otrion difeent (1) Summary hearing before the court which Resolute Barto: authorized the execution (a) all matters | Conclusive as to (2) “Terceria” or third-party claim filed with | directly matters directly the sheriff (Rule 39, Sec. 16) adjudged; and adjudged and actually (8) Action for damages on the bond posted | (b) those that | litigated by the judgment creditor might have been (4) Independent reivindicatory action Tian Predusion | Tesue PreclasionSarg rae ae nea nee ed eee eg (elo S ae seo ica” foie) Matter is of extreme urgency and that |i it appears that grave injustice and grave ‘muy | gieat oF irreparable rreparable injury | injury would result will arise _ unless om immediately issued aT Action Preliminary Injunction May bi dex | A summary hearing Ancillary; exists only as] |May be Issued ex | nice be done before Independent part or incident of an] | Parte issuance Action independent action or Good for 20 days proceeding Good for 72hours | including first 72 Seeks a judgment | Seeks to preserve the hours, embodying a final | status quo until the} [Tesued before injunction merits can be heard raffling tssued after rafting Assailed by timely | Assailed by petition for] [oo ooo Tesued after appeal certiorari issued ex parte summary hearing CERTIORARI GCN LEA Directed against an entity or | Directed against an entity or person | Directed against an entity person exercising judicial or | exercising judicial, quasi-judicial, or | or person exercising quasi-judicial functions ministerial functions ministerial functions Entity or person is alleged Entity or person is alleged to have acted tohave: () Without jurisdiction (1) Neglected a ministerial (2) In excess of jurisdiction; or duty; or ) With grave abuse of discretion amounting to lack or excess of | (2) Excluded another from a jurisdiction fight or office PURPOSE: PURPOSE PURPOSE For respondent to: () do the To have respondent desist from Toennul ornulliya proceeding | jeher proceeding act required, and (2) pay damages Covers discretionary and ministerial | Covers Covers discretionary acts acts ministerial acts Corrective remedy: ‘Negative and preventive remedy To correct. usurpation of | To restrain or prevent the said jurisdiction usurpation May be affirmative, positive, ornegative