Appeal

Rule 40Appeal from MTC to RTC

Appeal from judgment or final order of MTC taken to RTC exercising jurisdiction over the area to which MTC pertains.  File notice of appeal with the MTC which rendered decision appealed from within 15 days after notice of such judgment. Record on appeal is filed within 30 days and required only for special proceedings Appellate docket fees paid to clerk of court of MTC – payment not a condition precedent for perfection of appeal but must nonetheless be paid within the period for taking appeal; Procedure for appeal from cases dismissed without trial for lack of jurisdiction: If affirmed because the MTC has no jurisdiction, RTC will try case on the merits as if it has original jurisdiction; If reversed, the case shall be remanded to the MTC; If the first level court tried the case on the merits without jurisdiction, the RTC should not dismiss the case but shall decide it in the exercise of original jurisdiction.

Rule 41Appeal from the RTC

Appeal may be taken from a judgment or final order that completely disposes of the case or of a particular matter therein. No appeal may be taken from. Order denying a motion for new trial or recon. Order denying a petition for relief or any similar motion seeking relief from judgment. Interlocutory order. Order disallowing or dismissing an appeal. Order denying a motion to set aside a judgment by consent, confession, compromise on the ground of fraud, mistake, or duress, or any other ground vitiating consent;

Order of execution. Not appealable because execution is only the result of the judgment.  If order of execution is not in accord with the dispositive portion, remedy is certiorari under Rule 65.Judgment or final order for or against one or more of several parties or in separate claims, while the main case is pending, unless the court allows an appeal therefrom.

Order dismissing an action without prejudice;

In all these cases, aggrieved party may file an appropriate civil action under Rule 65.

Ordinary appeal from RTC (in the exercise of original jurisdiction) to CA is by filing notice of appeal with the RTC within 15 days from notice of its judgment.  Record on appeal required only for special proceedings and where multiple appeals allowed filed within 30 days. Motion for extension of

time to file a motion for new trial or reconsideration is prohibited. Contents of Notice on appeal: Names of the parties to the appeal. Specify judgment or final order or part thereof appealed from. Court to which the appeal is being taken; Material dates showing timeliness of appeal.

Contents of Record on appeal. Full names of all parties to the proceedings shall be stated in the caption; Include judgment or final order from which appeal taken; In chronological order, copies of only such pleadings, petitions, etc. and all interlocutory orders as are related to the appealed judgment; Data showing that appeal perfected in time – material data rule.If an issue of fact is to be raised, include by reference all the evidence, oral or documentary, taken upon the issues involved. Appeal from decision of RTC in appellate jurisdiction is by petition for review filed with CA. Where only questions of law are raised, by petition for review on certiorari with SC. Notice of Appeal and Record of Appeal distinguished:

Failure to pay appellate docket fees within the reglamentary period is ground for dismissal of appeal.

General Rule: An ordinary appeal stays the execution of a judgmentExceptions: a.   Decisions of quasi-judicial body appealed to the CAb.   Executions pending appealc.   Cases covered by Summary Procedure

Rule 42Petition for Review from the RTC to the CA

Form and contents of petition for review (from RTC to CA)In 7 legible copies: Full names of parties to case, without impleading the lower courts or judges thereof; Indicate specific material dates showing it was filed on time; Concise statement of matters involved, issues raised, specification of errors of fact or law, or both allegedly committed by the RTC, and the reasons or arguments relied upon for the allowance of the appeal. Accompanied by clearly legible duplicate originals or true copies of the judgments or final order of both MTC and RTC; Certification under oath of non-forum shopping.

Contents of comment. In 7 legible copies, accompanied by certified true copies of material portions of record and other supporting papers: State whether or not appellee accepts the statement of matters involved in the petition; Point out such insufficiencies or inaccuracies as he believes exists in petitioner’s statement of matters; State reasons why petition should not be give due course.

CA may require respondent to file a comment; or dismiss the petition if it finds:

1. Patently without merit2. Prosecuted manifestly for delay3. Questions raised are to insubstantial to require consideration

Rule 43Appeals from the CTA and Quasi-Judicial Agencies to the CA

Appeals from judgments and final orders of the Court of Tax Appeals and quasi-judicial agencies in exercise of quasi-judicial functions (unless otherwise provided by law and the Labor Code [NLRC decisions]) shall be by petition for review to the CA, to be taken within 15 days from notice of award or judgment or from notice of the denial of the motion for reconsideration. Only 1 Motion for reconsideration allowed

Quasi-judicial agencies covered:1. Civil Service Commission;2. Central Board of Assessment Appeals;3. Securities and Exchange Commission;4. Office of the President;5. Land Registration Authority;6. Social Security Commission;7. Civil Aeronautics Board;8. Bureau of Patents, Trademarks and Technology Transfer;9. National Electrification Administration;10. Energy Regulatory Board;11. National Telecommunications Commission;12. Department of Agrarian Reform under RA No. 6657;13. GSIS;14. Employees Compensation Commission;15. Agricultural Inventions Board;16. Insurance Commission;17. Construction Industry Arbitration Commission;18. Voluntary arbitrators

Case:Tsoi vs. Court of Appeals the Regional Trial Court of Quezon City

(Branch 89) which decreed the annulment of the marriage on the ground of psychological incapacity. Petitioner appealed the decision of the trial court to respondent Court of Appeals (CA-G.R. CV No. 42758) which affirmed the Trial Court's decision November 29, 1994

According to this case was originally commenced by a distraught wife against her uncaring husband in the Regional Trial Court of Quezon City

(Branch 89) which decreed the annulment of the marriage on the ground of psychological incapacity. Petitioner appealed the decision of the trial court to respondent Court of Appeals (CA-G.R. CV No. 42758) which affirmed the Trial Court's decision November 29, 1994 and correspondingly denied the motion for reconsideration in a resolution dated February 14, 1995.

Rule 45Appeal by Certiorari to the Supreme Court

Question of Law –  exists when doubt or difference arises as to what the law is, based on a certain state of facts. Question of Fact  – exists when doubt or difference arises as to the truth or the falsehood of alleged facts

Findings of fact of the CA may be reviewed by the SC on appeal by certiorari when the conclusion is a finding grounded entirely on speculations, surmises, or conjectures; the inference made is manifestly mistaken, absurd, or impossible; there is grave abuse of discretion; the judgment is based on misapprehension of facts; findings of fact of trial court and CA are conflicting;

The CA, in making its findings, went beyond the issues of the case and the same is contrary to the admissions made. CA manifestly overlooked certain relevant facts not disputed by the parties and which, if properly considered, would justify a different conclusion. Certiorari as mode of appeal. From judgment or final order of the CA, Sandiganbayan, RTC on pure questions of law, or other courts whenever authorized by law, by filing a petition for review on certiorari with the SC within 15 days from notice of judgment.

Case:

Cecilio de Villa vs. Court of Appeals. An RTC judge has no right to disapprove a notice of appeal on the ground that the issues raised involve a pure question of law, and that the mode of appeal is erroneous.  That is the prerogative of the CA, not the RTC judge.  A notice of appeal need not be approved by the judge, unlike a record on appeal.

RULE 47

Annulment of Judgments of Final Orders and Resolutions

Annulment of judgment is a remedy in law independent of the case where the judgment sought to be annulled was rendered. The judgment may be annulled on the ground of extrinsic or collateral fraud.

A judgment can be annulled only on two grounds:  (1) lack of jurisdiction and (2) extrinsic fraud. Fraud is regarded as extrinsic or collateral where it has prevented a party from having a trial or from presenting all of

his case to the court. It is the kind of fraud which denied the party the opportunity to fully litigate upon the trial all the rights or defenses he was entitled to assert1

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.

Period of Filing an Action The Extrinsic Fraud - within four years upon discovery. And lack of

Jurisdiction - any time before it is barred by laches or estoppel.

Attack of a Void JudgmentWhen the judgment is null and void on its very face, the judgment may

be attacked. The direct Attack- an independent action must be filed to challenge the validity of the judgment whose nullity is not patent on its face. While the collateral Attack- this is made when, in another action to obtain a different relief, an attack on the judgment is made as an incident in said action. This is proper only when the judgment is on its face null and void such as in cases of lack of jurisdiction to render the judgment.

Where to File the CaseFor Judgments, Final Orders, or Resolutions of Regional Trial Court- This

shall be filed before the Court of Appeals. For Judgments, Final Orders, or Resolutions of Metropolitan/ Municipal Trial Court- This shall be filed before the Regional Trial Court.

Process of Filing and its ContentsVerified petition alleging therein, with particularity the facts and the

law relied upon. Petitioner’s good and substantial cause of action or defense. Filed in seven legible copies. Certified true copy of judgment or final order or resolutions. Affidavits of witnesses or documents supporting the cause of action or defense and. Certificate of non- forum shopping

Action by the Court A preliminary evaluation of the petition for 2prima facie merit therein (e.q

Rules on Electronic evidence); and the issuance of summons as in ordinary civil cases and such appropriate proceedings thereafter as contemplated in Sec. 6. The Res Judicata is not a bar to an action for annulment of judgment sought to be annulled.

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As a General RuleAnnulment of Judgment is available only to a litigant. But for

exemption if a person need not to be a party to the judgment sought to be annulled. What is essential is that he an prove his allegation that the judgment was obtained by the use of fraud and collusion and he would be adversely affected thereby.

RULE 48Preliminary Conference

At any time during the pendency of a case, court may call the partied and their counsel. To define, simplify and clarify the issues for determination. To consider the possibility of an amicable settlement except when the case is not allowed by law to be compromised. To formulate stipulations of facts and admissions of documentary exhibits, limit the number of witnesses to be presented. And to take up such other matters which may aid the court in prompt disposition of the case. Remember, failure to appear at the preliminary conference is a ground for dismissal of the petition.

RULE 49Oral Argument

When allowed. — At its own instance or upon motion of a party, the court may hear the parties in oral argument on the merits of a case, or on any material incident in connection therewith.

The oral argument shall be limited to such matters as the court may specify in its order or resolution. As a GENERAL RULE: Only one counsel may be allowed to argue for the party. EXCEPT: If the court authorizes to have more than one counsel to represent the party. The duration allowed for each party, the sequence of the argumentation, and all other related matters shall be as directed by the court. (n)

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 50Dismissal of Appeal

Failure of the record on appeal to show on its face that the appeal was taken within the period fixed by these Rules. Failure to file the notice of appeal or the record on appeal within the period prescribed by these Rules. 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).Unauthorized alterations, omissions or additions in the

approved record on appeal as provided in section 4 of Rule 44. 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. 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. 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. 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, andAppeal may also be dismissed by:1. By agreement of the parties, as where the case was amicably settled by them;

2. When the appealed case became moot and academic;3. Where the appeal is frivolous or dilatory

Note: While under section 3 of Rule 50, an appeal may be withdrawn by the appellant as a matter of right at any time before the filing of the appellee’s brief; however the rule does not apply where the notice of withdrawal filed by new counsel did not bear appellant’s conformity.

RULE 51Judgment

A case shall be deemed submitted for judgment 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.

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.

The judgment shall be rendered by the members of the court who participated in the deliberation on the merits of the case before its assignment to a member for the writing of the decision. The participation of all three Justices of a division shall be necessary at the deliberation and the unanimous vote of the three Justices shall be required for the pronouncement of a judgment or final resolution. If the three justices do not

reach a unanimous vote, the clerk shall enter the votes of the dissenting Justices in the record. Thereafter, the Chairman of the division shall refer the case, together with the minutes of the deliberation, to the Presiding Justice who shall designate two Justices chosen by raffle from among all the other members of the court to sit temporarily with them, forming a special division of five Justices. The participation of all the five members of the special division shall be necessary for the deliberation required in section 2 of this Rule and the concurrence of a majority of such division shall be required for the pronouncement of a judgment or final resolution. The Court of Appeals, in the exercise of its appellate jurisdiction, may affirm, reverse, or modify the judgment or final order appealed from, and may direct a new trial or further proceedings to be had. Every decision or final resolution of the court in appealed cases shall clearly and distinctly state the findings of fact and the conclusions of law on which it is based, which may be contained in the decision or final resolution itself, or adopted from those set forth in the decision, order, or resolution appealed from. (Sec. 40, BP Blg. 129). No error in either the admission or the exclusion of evidence and no error or defect in any ruling or order or in anything done or omitted by the trial court or by any of the parties is ground for granting a new trial or for setting aside, modifying, or otherwise disturbing a judgment or order, unless refusal to take such action appears to the court inconsistent with substantial justice. The court at every stage of the proceeding must disregard any error or defect which does not affect the substantial rights of the parties.

The appellate court can only rule on the basis of grounds raised as errors on appeal.

Except:1. Those affecting jurisdiction over subject matter2. Evidently plain and clerical errors within the contemplation of the

law;3. In order to subserve the ends of justice;

4. Matters raised in the trial court having some bearing on the issue which the parties failed to raise or which the lower court ignored; and

5. Matters closely related to an error assigned.

RULE 52Motion for Reconsideration

A party may file a motion for reconsideration of a judgment or final resolution within 3fifteen (15) days from notice thereof, with proof of service on the adverse party. No second motion for reconsideration of a judgment or final resolution by the same party shall be entertained. In the Court of Appeals, a motion for reconsideration shall be resolved within ninety (90) days from the date when the court declares it submitted for resolution. The pendency of a motion for reconsideration filed on time and by the proper

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party shall stay the execution of the judgment or final resolution sought to be reconsidered unless the court, for good reasons, shall otherwise direct. (n)

RULE 53New Trial

At any time after the appeal from the lower court has been perfected and before the Court of Appeals loses jurisdiction over the case, a party may file a motion for a new trial on the ground of newly discovered evidence which could not have been discovered prior to the trial in the court below by the exercise of due diligence and which is of such a character as would probably change the result. The motion shall be accompanied by affidavits showing the facts constituting the grounds therefore and the newly discovered evidence. The Court of Appeals shall consider the new evidence together with that adduced at the trial below, and may grant or refuse a new trial, or may make such order, with notice to both parties, as to the taking of further testimony, either orally in court, or by depositions, or render such other judgment as ought to be rendered upon such terms as it may deem just. In the Court of Appeals, a motion for new trial shall be resolved within ninety (90) days from the date when the court declares it submitted for resolution. Unless the court otherwise directs, the procedure in the new trial shall be the same as that granted by a Regional Trial Court. (3a)

RULE 54Internal Business

All the cases of the Court of Appeals shall be allotted among the different divisions thereof for hearing and decision. The Court of Appeals, sitting en banc, shall make proper orders or rules to govern the allotment of cases among the different divisions, the constitution of such divisions, the regular rotation of Justices among them, the filing of vacancies occurring therein, and other matters relating to the business of the court; and such rules shall continue in force until repealed or altered by the Supreme Court.

A majority of the actual members of the court shall constitute a quorum for its sessions en banc. Three members shall constitute a quorum for the sessions of a division. The affirmative votes of the majority of the members present shall be necessary to pass a resolution of the court en banc. The affirmative votes of three members of a division shall be necessary for the pronouncement of a judgment or final resolution, which shall be reached in consultation before the writing of the opinion by any member of the division. (Sec. 11, first par. of BP Blg. 129, as amended by Sec. 6 of EO 33). (3a)

RULE 55Publications of Judgments and Final Resolutions

The judgments and final resolutions of the court shall be published in the Official Gazette and in the Reports officially authorized by the court in the language in which they have been originally written, together with the

syllabi therefore prepared by the reporter in consultation with the writers thereof. Memoranda of all other judgments and final resolutions not so published shall be made by the reporter and published in the Official Gazette and the authorized reports. The reporter shall prepare and publish with each reported judgment and final resolution a concise synopsis of the facts necessary for a clear understanding of the case, the names of counsel, the material and controverted points involved, the authorities cited therein, and a syllabus which shall be confined to points of law. (Sec. 22a, R.A. No. 296)

The published decisions and final resolutions of the Supreme Court shall be called "Philippine Reports," while those of the Court of Appeals shall be known as the "Court of Appeals Reports." Each volume thereof shall contain a table of the cases reported and the cases cited in the opinions, with a complete alphabetical index of the subject matters of the volume. It shall consist of not less than seven hundred pages printed upon good paper, well bound and numbered consecutively in the order of the volumes published. (Sec. 23a, R.A. No. 296)

Procedure In The Supreme Court

RULE 56A. Original Cases

Only petitions for certiorari, prohibition, mandamus, quo warranto, habeas corpus, disciplinary proceedings against members of the judiciary and attorneys, and cases affecting ambassadors, other public ministers and consuls may be filed originally in the Supreme Court.

The procedure in original cases for certiorari, prohibition, mandamus, quo warranto and habeas corpus shall be in accordance with the applicable provisions of the Constitution, laws, and Rules 46, 48, 49, 51, 52 and this Rule, subject to the following provisions:

a) All references in said Rules to the Court of Appeals shall be understood to also apply to the Supreme Court;

b) The portions of said Rules dealing strictly with and specifically intended for appealed cases in the Court of Appeals shall not be applicable; and

c) Eighteen (18) clearly legible copies of the petition shall be filed, together with proof of service on all adverse parties.

d) The proceedings for disciplinary action against members of the judiciary shall be governed by the laws and Rules prescribed therefor, and those against attorneys by Rules 139-B, as amended.

B. Appealed CasesAn appeal to the Supreme Court may be taken only by a petition for

review on certiorari, except in criminal cases where the penalty imposed is death, reclusion perpetua or life imprisonment.The appeal shall be governed by and disposed of in accordance with the applicable provisions of the Constitution, laws, Rules 45, 48, sections 1, 2, and 5 to 11 of Rule 51, 52 and this Rule.

The appeal may be dismissed motu proprio or on motion of the respondent on the following grounds:

a) Failure to take the appeal within the reglementary period;b) Lack of merit in the petition;c) Failure to pay the requisite docket fee and other lawful fees or to make a

deposit for costs;d) Failure to comply with the requirements regarding proof of service and

contents of and the documents which should accompany the petition;e) Failure to comply with any circular, directive or order of the Supreme Court

without justifiable cause;f) Error in the choice or mode of appeal; andg) The fact that the case is not appealable to the Supreme Court. (n)

Except as provided in section 3, Rule 122 regarding appeals in criminal cases where the penalty imposed is death, reclusion perpetua or life imprisonment, an appeal taken to the Supreme Court by notice of appeal shall be dismissed.

An appeal by certiorari taken to the Supreme Court from the Regional Trial Court submitting issues of fact may be referred to the Court of Appeals for decision or appropriate action. The determination of the Supreme Court on whether or not issues of fact are involved shall be final.

Where the court en banc is equally divided in opinion, or the necessary majority cannot be had, the case shall again be deliberated on, and if after such deliberation no decision is reached, the original action commenced in the court shall be dismissed, in appealed cases, the judgment or order appealed from shall stand affirmed; and on all incidental matters, the petition or motion shall be denied.