RULE 41 claims and third-party complaints, while the main case is

pending, unless the court allows an appeal therefrom; and

APPEAL FROM THE RTC
g. An order dismissing an action without prejudice.
Sec. 1. Subject of Appeal
Remedy against Judgments and Orders which are not
An appeal maybe taken from a judgment or final order Appealable:
that completely disposes of the case or of a particular
matter therein when declared by these Rules to be In any of the foregoing circumstances, the aggrieved party
appealable. may file an appropriate civil action as provided in Rule
65.
No appeal may be taken from:
N/B:
(i) Order denying motion for new trial or reconsideration;
Final order – when there is nothing more to be done on
a. An order denying a petition relief or any similar motion the merits of the case.
seeking from judgement;
Interlocutory order – when there is something more to be
b. An interlocutory order; done on the merits of the case.

c. An order disallowing or dismissing an appeal; Only FINAL ORDER can be appealed

a. Decision/ Judgment
d. An order denying a motion to set aside a judgment by b. Order
consent, confession or compromise on the ground of
fraud, mistake or duress, or any other ground vitiating If motion to dismiss is:
consent;
GRANTED – Final order; the remedy is APPEAL
e. An order of execution; DENIED – Interlocutory order; the remedy is
CERTIORARI
f. A judgment or final order for or against one or more
several parties or in separate claims, counterclaims, cross-

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Sec.2. Modes of Appeal. –
a. ORDINARY APPEAL. – The appeal to the Court of
Appeals in cases decided by the RTC in the exercise of its
original jurisdiction shall be taken by filing a notice of
appeal with the court which rendered the judgment or
final order appealed from and serving a copy thereof
upon adverse party…
b. PETITION FOR REVIEW. – The appeal to the CA in
cases decided by the RTC in the exercise of its appellate
jurisdiction shall be by petition for review in accordance
with Rule 42.
c. APPEAL BY CERTIORARI. – In all cases where only
questions of law are raised or involved, the appeal shall
be to the Supreme Court by petition for review on
certiorari in accordance with Rule 45.
N/B:
RTC to CA = Ordinary Appeal; File a Notice of Appeal
filed with RTC (court of origin)
RTC to SC = Petition for review on certiorari; pure
questions of law only
Court Appeals can resolve:
1. Questions of Fact
2. Questions of Law
3. Mix Q of Fact & Law
Supreme Court can resolve:
1. Pure Questions of Law
QUESTIONS OF LAW – exists when there is doubt or
controversy as to what the law is on certain state of facts.
QUESTIONS OF FACT- exists when there is doubt or
difference arises as to the truth or falsehood of facts.
GR: All appeal to SC is by a Petition for Review on
Certiorari.
XPN : In criminal cases where the penalty imposed is
Death, Reclusion Perpetua or Life Imprisonment…
FRESH PERIOD RULE:
Neypes v. CA (2005) :
If the motion is denied, the movant has a “fresh period”
of 15 days from receipt or notice of the order denying the
motion for new trial or motion for reconsideration within
which to file an appeal.
Period of appeal is interrupted by a timely motion for
new trial or reconsideration. Motion for extension of time
to file for new trial reconsideration is not allowed.
This “fresh period rule” shall also apply to:
a. Rule 40 governing appeals from the MTC to RTC;
b. Rule 42 on petitions for review from the RTC to CA;
c. Rule 43 on appeals from quasi-judicial agencies to the
CA;
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d. Rule 45 governing appeals by certiorari to the SC; Sec. 9 Perfection of Appeal; effect thereof.-

NOTICE OF APPEAL – the notice of appeal shall indicate Notice of Appeal (NoA) Record on Appeal (RoA)
the parties to the appeal, the judgment or final order or A party’s appeal by NoA is A party’s appeal by RoA is
part thereof appealed from, and state the material dates deemed perfected as to deemed perfected as to
showing the timelines of the appeal. him upon the filing of the him with respect to the
notice of appeal in due subject matter thereof
RECORD OF APPEAL – required only in: time. upon the approval of the
a. Special proceedings; record on appeal filed in
b. Multiple or separate appeals where the law or the due time.
Rules of Court so requires. The court loses jurisdiction The court loses jurisdiction
over the case upon the only over the subject
Sec.3. Period of Ordinary Appeal.- perfection of the appeals matter thereof upon the
filed in due time and approval of RoA filed in
The appeal shall be taken within fifteen (15) days from expiration of the time to due time and the
notice of the judgment or final order appealed from. appeal of the other expiration of the time to
parties. appeal of the other
Except: parties.
1. When the record on appeal is required, the
appellants shall file a notice of appeal and record on
appeal within thirty (30) days from notice of the Residual Jurisdiction – prior to the transmittal of the
judgment or final order. original record or the record on appeal, the court may
issue orders for the protection and preservation of the
2. In Habeas Corpus cases shall be taken within 48 rights of the parties which do not involve any matter
hours from notice of judgment or final order appealed litigated by the appeal, approve compromises, permit
from. appeals of indigent litigants, order execution pending
appeal in accordance with Sec. 2 of Rule 39, and allow
3.In special proceedings and in other cases where withdrawal of the appeal.
multiple appeals are allowed, 30 days.

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RULE 42
PETITION FOR REVIEW FROM THE REGIONAL TRIAL
COURTS TO THE COURT OF APPEALS
Sec. 1. How appeal taken; time for filing.-
A party desiring to appeal from a decision of the RTC
rendered in the exercise of its appellate jurisdiction may
file a verified petition for review with the CA…
RULE 43
APPEALS FROM THE CTA AND QJA TO THE CA
N/B:
CTA is now a regular/special court appealable to SC by
petition for review on certiorari.
QJA appeal to CA only by petition for review
CA can resolve:
1. Q of Facts
2. Q of Law
3. Mix Q of Fact & Law
One distinguishing feature in Appeals from QJA = the
appeal of these QJA does not stay the effect of the
decision.
To prevent execution seek a Preliminary Injunction from
the CA to stop the execution while the case is being
litigated.
Sec. 2 Cases not covered.-
This Rule shall not apply to judgments or final orders
issued under the Labor Code of the Philippines.
Section 5. How appeal taken. —
Appeal shall be taken by filing a verified petition for
review in seven (7) legible copies with the Court of
Appeals, with proof of service of a copy thereof on the
adverse party and on the court or agency a quo. The
original copy of the petition intended for the Court of
Appeals shall be indicated as such by the petitioner…
RULE 44
ORDINARY APPEALED CASES
RULE 45
APPEAL TO THE SUPREME COURT
Section 1. Filing of petition with Supreme Court. —
A party desiring to appeal by certiorari from a judgment
or final order or resolution of the Court of Appeals, the
Sandiganbayan, the Regional Trial Court or other courts
whenever authorized by law, may file with the Supreme
Court a verified petition for review on certiorari. The
ARAOJO 2017 4
petition shall raise only questions of law which must be
distinctly set forth.
N/B:
All appeal to the SC = on pure Q of Law only by petition
for Review on Certiorari.
Except:
In criminal cases where the penalty is Death,
Reclusion Perpetua, or Life Imprisonment.
In criminal cases where the penalty is less than RP
or LI, still the mode of appeal to the SC on pure questions
of law is petition for review on certiorari.
RULE 46
ORIGINAL CASES
RULE 47
ANNULMENT OF JUDGMENTS OR FINAL ORDERS
AND RESOLUTIONS
Section 1. Coverage. — This Rule shall govern the
annulment by the Court of Appeals of judgments or final
orders and resolutions in civil actions of Regional Trial
Courts for which the ordinary remedies of new trial,
appeal, petition for relief or other appropriate remedies
are no longer available through no fault of the petitioner.
Section 2. Grounds for annulment. — The annulment may
be based only on the grounds of extrinsic fraud and lack
of jurisdiction.
Extrinsic fraud shall not be a valid ground if it was availed
of, or could have been availed of, in a motion for new
trial or petition for relief.
N/B:
Grounds:
1. Extrinsic Fraud
2. Lack of Jurisdiction
a. over the subject matter
b. over the person of defendant
EXTRINSIC FRAUD (COLLATERAL FRAUD) – the means
whereby the judgment was procured such as:
= if prevented a party from having a trial or from
presenting all his side in court and which affects and goes
into jurisdiction of the court.
= it must be committed by the adverse party-not by
plaintiff’s own counsel who misled said plaintiff.
INTRINSIC FRAUD – which is not a ground for
annulment.
= it is found in the cause of action or matter put in issue.
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Section 3. Period for filing action. — If based on extrinsic
fraud, the action must be filed within four (4) years from
its discovery; and if based on lack of jurisdiction, before it
is barred by laches or estoppel.
RULE 48
PRELIMINARY CONFERENCE
Section 3. Binding effect of the results of the conference.
Subject to such modifications which may be made to
prevent manifest injustice, the resolution in the preceding
section shall control the subsequent proceedings in the
case unless, within five (5) days from notice thereof, any
party shall satisfactorily show valid cause why the same
should not be followed.
RULE 49
ORAL ARGUMENT
Section 3. No hearing or oral argument for motions. —
Motions shall not be set for hearing and, unless the court
otherwise directs, no hearing or oral argument shall be
allowed in support thereof. The adverse party may file
objections to the motion within five (5) days from service,
upon the expiration of which such motion shall be
deemed submitted for resolution.
RULE 50
DISMISSAL OF APPEAL
Section 1. Grounds for dismissal of appeal. — An appeal
may be dismissed by the Court of Appeals, on its own
motion or on that of the appellee, on the following
grounds:
(a) Failure of the record on appeal to show on its face
that the appeal was taken within the period fixed by these
Rules;
(b) Failure to file the notice of appeal or the record on
appeal within the period prescribed by these Rules;
(c) Failure of the appellant to pay the docket and other
lawful fees as provided in section 5, Rule 40 and section 4
of Rule 41; (Bar Matter No. 803, 17 February 1998)
(d) Unauthorized alterations, omissions or additions in the
approved record on appeal as provided in section 4 of
Rule 44;
(e) Failure of the appellant to serve and file the required
number of copies of his brief or memorandum within the
time provided by these Rules;
(f) Absence of specific assignment of errors in the
appellant's brief, or of page references to the record as
required in section 13, paragraphs (a), (c), (d) and (f) of
Rule 44;
ARAOJO 2017 6
(g) Failure of the appellant to take the necessary steps for
the correction or completion of the record within the time
limited by the court in its order;
(h) Failure of the appellant to appear at the preliminary
conference under Rule 48 or to comply with orders,
circulars, or directives of the court without justifiable
cause; and
(i) The fact that the order or judgment appealed from is
not appealable.
N/B:
Original court can dismiss appeal when=
1. clearly filed out of time
2. docket fees not filed on time
Dismissal by appellate court =
1. non-compliance of certification of documents
2. improper appeal
RULE 51
JUDGMENT
Section 1. When case deemed submitted for judgment. —
A case shall be deemed submitted for judgment:
A. In ordinary appeals. —
1) Where no hearing on the merits of the main case is
held, upon the filing of the last pleading, brief, or
memorandum required by the Rules or by the court itself,
or the expiration of the period for its filing.
2) Where such a hearing is held, upon its termination or
upon the filing of the last pleading or memorandum as
may be required or permitted to be filed by the court, or
the expiration of the period for its filing.
B. In original actions and petitions for review. —
1) Where no comment is filed, upon the expiration of the
period to comment.
2) Where no hearing is held, upon the filing of the last
pleading required or permitted to be filed by the court, or
the expiration of the period for its filing.
3) Where a hearing on the merits of the main case is held,
upon its termination or upon the filing of the last pleading
or memorandum as may be required or permitted to be
filed by the court, or the expiration of the period for its
filing.
N/B:
- In writing
- Signed by the judge
- Contents of decision
o Facts
o Jurisprudence
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RULE 52
MOTION FOR RECONSIDERATION
Section 1. Period for filing. — A party may file a motion
for reconsideration of a judgment or final resolution
within fifteen (15) days from notice thereof, with proof of
service on the adverse party.
Section 2. Second motion for reconsideration. — No
second motion for reconsideration of a judgment or final
resolution by the same party shall be entertained.
Either –
- Give to any member of the division
- Or assign to the RTC Judge for reception of
business
Provisional Remedies on Ancillary/ Auxillary – writs and
processes available during the pendency of the pendency
of the action to protect certain rights therein pending
rendition of final judgment in a case.
PROVISIONAL REMEDIES

RULE 53 1. Prelim Attachment

NEW TRIAL 2. Prelim Injunction
3. Receivership
Section 1. Period for filing; ground. — At any time after 4. Replevin
the appeal from the lower court has been perfected and 5. Support Pendente Lite
before the Court of Appeals loses jurisdiction over the
case, a party may file a motion for a new trial on the Contempt is now a special civil action.
ground of newly discovered evidence which could not
have been discovered prior to the trial in the court below Main actions:
by the exercise of due diligence and which is of such a
character as would probably change the result. The 1. Ordinary Civil Action
motion shall be accompanied by affidavits showing the 2. Sp. Civil Actions
facts constituting the grounds therefor and the newly 3. Sp. Proceedings
discovered evidence. 4. Criminal Cases

N/B: PRINCIPLE:
Accessory follows Principal
Ground:
1. newly discovered evidence

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New Prov. Remedies

References:
UP REVIEWER 2013
RULES OF COURT
LECTURE OF JUDGE FALCOTELO
ABIOG

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