APPELLATE PRACTICE 2.

Institutional Function: Progressive development

of the law for general application in the judicial
1. Appeal: A proceeding by which sees from a higher system.
court the review of judgment or final order of a
lower court on the ground that the judgment or Classification of appeal
final order is against the evidence or the law
2. An appeal may be taken from a particular matter 1. Appeal as a mater of right / Ordinary appeal ( Rule
when declared by the rules to be appealable. 40 and 41)
3. An appeal is not a constitutional but a statutory 2. Discretionary appeal/ Petition for review ( Rule 42
right. and 43) * Petition : initiatory pleading
a. The appellate court can refuse to give
Final Judgment Rule: An appeal may be taken only from a due course to the appeal
judgment or final order that completely disposes of the case
or a particular matter which the rules declare to be MEMORIZE: Ground to Dismiss: MTD:1. Without merit 2.
appealable/ Dilatory 3. TURK: The issues raised are too unsubstantial to
require consideration.
An appeal may be taken only from a
3. Appeal by certiorari/ Petition for review on
1. Judgment : Decision after the trial of merits certiorari ( Rule 45) : Discretionary appeal : Rule
a. Check Section 1 Rule 41 : Those final 45 : SC
judgment which are not appealable.
2. Final order that completely disposes case General Rule: Go to the SC appeal only through rule 45.
( appeal)
a. Vs Interlocutory: It can still proceed with Exception:
the case an order denying a MTD on the
1. Notice on appeal; Criminal cases where the
ground of res judicata it will proceed with
penalty of reclusion perpetua is imposed. Notice of
the case ( certiorari)
appeal to the SC
3. Particular matter in the case when declared by the
2. An appeal from the Sandiganbayan criminal case
rules to be appealable.
Example: Here the person who is making an Modes of appeal
appeal must file both a record of appeal and
record of appeal ( 30 days from order- Record of 1. Rule 40: MTC ( First level courts)to RTC
appeal is needed because the trial court is still 2. Rule 41: Appeal from the RTC ( original)
deciding the case) 3. Rule 42: Appeal from the RTC( Appellate)
a. Order of expropriation: 4. Rule 43 : Appeal from Quasi Judicial bodies
b. Order of partition: Order of partition 5. Rule 45 : Certiorari to SC
issued however the court still has to
render decision Question of law: The appellant does not have an issue as to
c. Order allowing or disallowing the will: the fact the issue here is how the application of law on state
The order allowing the will does not of facts.
mean that the court is done with the
case it will still render decision as to Notes:
division of the property, pay the heirs
1. A board resolution authorizing representative to
etc.
initiate the appeal is not required for the purpose
d. An judgment on foreclosure is
of filing a notice of appeal. A board resolution is
appealable within 30 days from the filing
required in petition for review, but in notice of
of the notice of appeal and record on
appeal a board resolution is no longer necessary.
appeal
OSG:
In appeal the criterion is not grave abuse of discretion but
reversible error. This must e differentiated from certiorari Participation of the SOLGEN: Solgen is the lawyer
which ground is GADALEJ of the government of the republic of the
Philippines. In the appeals of the criminal cases
Q: Can a party file a notice of appeal even if there is a
before the CA and the SC the OSG represents the
pending MR by the adverse party?
people. ( If appeal to the CA and SC it is the OSG
A: Yes. The party can file a notice of appeal even if there is who represents the SC).
a pending motion for reconsideration by the adverse party.
This must be differentiated from the motion for execution a. OSG has deputized counsel he still
pending appeal, if there is a MR you cannot file a motion for retains supervision and control of the
execution pending appeal.( JP Latex Technology vs Balloon case. Hence the period to appeal a
rangers) decision is reckoned form the service of
the OSG and not on deputized counsel.
Dual Function of appellate court
Judgment or order NOT APPEALABLE ( SPACE ID)
1. Review of Correctness of function
*The aggrieved party may file the appropriate SCA under a. Failure to appear or submit in pre-trial
Rule 65. brief.( Default it is with prejudice)
#3 and #4 : The order can state that the order of dismissal is
A. Several Judgment or separate A judgment or final without prejudice.If not stated it is with prejudice.
order for or against one or more several parties or in
separate claim while the case is pending UNLESS the Rule 65 Is the remedy from an order dismissing the case on
COURT allows the appeal the ground of improper venue and violation of Rule 7. This is
because the dismissal is without prejudice not being under
Several: : Plaintiff files a claim against A , B and C. PURE of rule 16.
Judgment is rendered against A while the court is still
rendering judgment as to B and C are concerned. Q: Plaintiff vs Defendant in RTC partition. Defendant filed an
answer raising the ff grounds 1. Res Judicata. 2. Failure to
b.Separate judgment: Plaintiff vs A , there are a lot of state a cause of action 3. Failure to comply with condition
cause of action there is cause of action 1, 2 and 3 although precedent 4. Failure to comply with the Rule on CNFS.The
there is only one defendant it involves separate claim in RTC issued an order dismissing the case. Plaintiff filed a MR
cause of action. denied. Plaintiff filed a Rule 65 petition with the Ca which
dismissed for being improper remedy? The plaintiff
Several or Separate Judgment contended that three of the grounds are with prejudice and
1. P vs A, B & C failure to comply with the rule on CNFS( 3 out of four without
a. A judgment was rendered for A while the prejudice).
court is still trying the case for B and C
are concerned. May A appeal from A: Where one of the grounds of dismissal was res judicata
judgment? even if other grounds are not pure, proper remedy is appeal
Ans: No, an appeal from several judgment is not allowed and not rule 65. Certiorari is only available when no appeal is
while the main case is pending. A must wait for the court to present . Here one of the grounds is PURE then appeal is
render a decision against B and C before he can appeal. proper remedy.

Remedies of aggrieved Party A The remedy from order dismissing a case for failure to state
1. Wait for the judgment in the main or entire case a cause of action and subject matter is rule 65 since the
and then appeal therefrom dismissal is without prejudice.
2. File a motion for leave to appeal. If granted file a
NOA and RONA within a period of thirty days from
notice of order granting leave ( not allowed unless d. An order denying or granting the petition for relief or
the court allows it). similar motion seeking relief from judgment
3. File a special civil action for certiorari if GAD. e. Interlocutory order

- Since the order of the OMB preventive suspension order

B.Judgment Final and executory is interlocutory and thus unappealable the remedy for an
1. Judgment declaring presumptive death under Article 41 of aggrieved party is a rule 65 petition with the CA pursuant to
the Family Code is immediately final and executory and the doctrine of hierarchy of court.
cannot e appealed the remedy of the aggrieved party is a
SCA for certiorari under Rule 65. f. An order disallowing or dismissing an appeal
-Order: Order of dismissal by the trial court, and an order
The judgment summary judicial proceeding are immediately rendered by the appellate court disallowing the appeal is
executory. Here there is no appeal that is available. also not appealable.
- A prior motion for reconsideration of a judgment declaring
presumptive death is not a condition precedent for a rule 65 - This is based on Section 15 Rule 41 when an appeal is
petition. The reason is that the judgment is immediately final dismissed or disallowed by the trial court the remedy is
and executory per Art 247 of the Family Code. mandamus with the appellate court. ( Ng appeal ka pero
dismissed)
2. Small claim decision may be assailed by a special civil - It does not matter whether the order of dismissal was
action for certiorari under Rule 65. issued by the Trial court or the appellate court , in both
C. An order dismissing an action without prejudice instance the remedy of the party is a petition for certiorari
- The case can be refiled. If the ground is other than PURE it under Rule 65.
is without prejudice
Q: Plaintiff vs Defendant judgment rendered in favor of
Q: What are the dismissal with prejudice? plaintiff. Defendant appeals to the RTC. This was
A: Subject to the right of appeal an order granting a motion dismissed by the RTC because D failed to file a
to dismiss or an affirmative defense on the ground of memorandum per Rule 40. D files a certiorari with the
PURE ( Prescription, unenforceability, res judicata, CA on the ground that appeal is the proper remedy is P
extinguishment) bars the refiling of the action or claim. The correct?
remedy here is to appeal the case.
A: No. The order issued by the RTC is not appealable.
Other example of dismissal without prejudice: Remedy Rule Hence the aggrieved party can result to rule 65. ( Sarmiento
65 vs Zaratan)--- > This prevails
1. Violation of Rule on CFS ( this is not deliberate)
2. Rule 17 S1 Compare with Ang Grageda: The appeal under Rule 42 was
3. Dismissal due to plaintiff fault proper since the RTC was in exercise of appellate
4. Dismissal during pre-trial jurisdiction in Ang vs. Gregeda the petitioner did not raise the
issue regarding applicability of Rule 41 Section 1 while in forward the record to the appellate court.( RONA
Sarmiento it was cited file mo sa trial court, once approved na ito iakyat
sa appellate court ito ung basis ng appellate court
g. An order denying a motion to set aside judgment by to decide on the appeal).
consent confession or compromise on the ground of - A RONA must be filed with the trial court together
fraud mistake or other grounds with the NOA must be approved by the trial
court.

Appeal bond are no longer required: For taking of an appeal

Material data rule: The requirement that the RONA must
show on its face that the appeal was filed on time is
mandatory and jurisdictional . Hence if not complied with the
Doctrine of Finality immutability: appellate court acquires no jurisdiction and the appeal must
1. Once a judgment has become final and be dismissed.
unappealable it can no longer be modified even if
the modification is to correct an error of fact or of Q: When does a case involve multiple or separate
law and whether it be made by the court that appeals? And therefore a RONA is required?: Does the
rendered it or by the SC. trial court still need to continue proceeding in case
despite the appeal?
Q: When does the judgment become final and executory A: Yes. Then a record on appeal is required since the trial
and final an unappealable? court still needs to hold on the case record. ( do not state this
A. Final and executory: The judgment is subject to execution. sa bar: STATE MO whether the court still needs to hold a
There is a coercive process the decision is enforced through record of the case)
executory process.
i. ( 15 days or 30 days etc) the decision Q: When is an appeal perfected
will be entered in the docket of the A: Appeal by Notice : A party’s appeal by NOA is deemed
judgment. perfected as to him upon the filing of the notice of appeal in
ii. If there is an appeal but the appeal was due time.
resolved. The SC finally resolves the B. Appeal by RONA: A party’s appeal by RONA is deemed
appeal the judgment then becomes final perfected as to him with respect to subject matter thereof
and executory. only upon the approval of the RONA filed in due time.
b.Final and Unappealable: A judgment that becomes final
and unappealable there is no executory process. Distinction of Taking and Perfection
1. NOA: No distinction
- An order dismissing the case on res judicata is 2. RONA: Taking happens when you file the record
final and unappealable there is nothing to execute. on appeal the perfection is upon the approval
Purpose: Q: When does the trial court loose jurisdiction over an
1. To avoid delay in the administration of justice appealed case?
2. To put an end A: 1. Appeal by NOA: The trial court looses jurisdiction over
Exception: the case upon the perfection of the appeal filed in due
1. Clerical error or omission time and expiration of the time to appeal of other parties.
2. To clarify an ambiguity in the dispositive portion ( Whether the period of other party expired?)
this must be clarified with the decision itself ( you
cannot qualify this outside the decision) Q: A received the decision on April 1, he filed the notice of
3. Judgment for support appeal in April 1. B filed a notice of appeal April 10 . C April
4. Supervening circumstance rendering the execution 15. On April 30 does trial court still have jurisdiction? Yes. As
unjust and inequitable. C can still file a MR, this means that the trial court still has
When to appeal: An appeal may be taken within 15 days jurisdiction over the case.
after the notice to the appellant of the judgment or final order
appealed from. Where a record of appeal is required the 2.Appeal by RONA: The trial court loses jurisdiction over the
appeal is taken within thirty days after the notice of judgment subject matter ( Subject matter lang) of the RONA upon the
or final order. ( file mo dito notice of appeal and record on approval of the RONA filed due time and expiration of the
appeal the notice of appeal can be filed on the thirty day time to appeal of other parties.
period if you are filing it together with the record on appeal.
Once the trial court loses jurisdiction over the case it can no
How to appeal: An appeal is taken by the filing a notice of longer act except :
appeal with the court that rendered the judgment or final 1. To enforce and execute the judgment or final order
order appealed from. A motion for extension of time is not once it becomes final and executory ( Trial court
allowed to file a notice of appeal. does not loose jurisdiction over the executory
aspect is concerned)
Record on appeal: When required: Only SPECPRO and 2. To exercise residual jurisdiction.- Where the trial
other cases of multiple and separate appeals court has lost the jurisdiction of the case but it is
still in possession of the record of the case.
Record on appeal: A record containing the judgment or final PWICE:
order appealed from , copies of related pleadings, paper and 1. Issue order for protection and preservation of
evidence together with such data as to show that the appeal the parties’ right which do not involve any
was filed on time. matter litigated on appeal
- This is needed kasi hawak pa ng trial court ung Ex: A trial court can appoint a receiver pending appeal when
record ng case. Since the record will not be the record not yet forwarded when the record had not yet
forwarded to the appellate court the appellant must been forwarded can appoint a receiver pending appeal
 2. Approve compromise Curative Jurisdiction: Appeal to the MTC to the RTC in
3. Permit appeals of indigent litigant case the MTC does not have jurisdiction. The RTC acquires
4. Order execution pending appeal in accordance jurisdiction and that the latter must act on the case.
with Rule 39 Section 2. 1. MTC did not conduct trial on the merit

Q: P vs D in the RTC. Plaintiff wins the judgment D Q: Plaintiff vs defendant ejectment but actually an action
appeals. Period to appeal of P expires, but the records publiciana the stated assessed value is P60,000. The
are still with the RTC. May P file a motion for execution defendant filed an answer with the affirmative defense of
pending appeal with the RTC? lack of subject matter jurisdiction. The MTC dismissed the
A: No. The RTC has already lost jurisdiction over the case case on the ground of lack of subject matter jurisdiction. If
upon the expiration of P appeal period. The order of you are the lawyer for the plaintiff what is your recourse?
execution mentioned in Rule 41 presupposes that a motion
for execution pending appeal was filed with the trial court A: I will appeal to the RTC the order of dismissal on the
when it still has jurisdiction. – Here there is no motion for ground of lack of jurisdiction. On Appeal the RTC affirms the
execution pending appeal filed. order of dismissal , but the RTC will not dismiss the appeal
but will try the case on the merits as if the case was originally
Q: Plaintiff vs Defendant filed in the RTC. P win D appeal, P filed by it. The RTC will have to conduct a trial on the merits
received the judgment on April 1 On April 17 records are still since no trial with the MTC.
with RTC. May P file motion for execution pending appeal?
Defendant then appeals with the CA. The question is rule 41
A: No. The appeal period had already expired. The power of or rule 42? Rule 41 the RTC shall try the appeal as if the
the RTC to issue an order of execution presupposes that the case was originally filed by it.
motion for execution pending appeal was filed by the RTC.
2. MTC conducted a trial on the merits.
1a. P files a motion for execution pending appeal on April 16. MTC decided the case in favor of the defendant. Plaintiff
On April 17 the records are still with the RTC. Can the RTC appealed with the RTC should the RTC dismiss the appeal?
issue an order issue pending appeal? (b) On April 25 the No. The RTC shall decide the case no longer conduct the
RECORD are forwarded to the Ca trial of the merits but may require amended pleading.
a. Yes by virtue of its residual jurisdiction. Defendant appeal to the CA rule 42 na. The RTC tried the
b. No. Since the record are no longer with the RTC it case in its appellate jurisdiction
can no longer exercise residual jurisdiction.
RULE 41 : Appeal from the RTC ( Original jurisdiction)
5. Allow the withdrawal of the appeal. In Rule 40 and Rule 41 there is no need for CNFS but in
An application for damages against the replevin bond based Rule 42 and 43.
on residual jurisdiction cannot be ruled upon if the trial court
had dismissed the case. Residual jurisdiction applies only if 1. In extrajudicial foreclosure sale the issuance of the
there is an appeal. ( Replevin upon the termination of main writ of possession to the purchaser after
case it is ancillary) consolidation is ministerial. The order for the
issuance of the writ being final appeal is the proper
Rule 41 Section 9: Where the respondent failed to pay the remedy.
docket fee the RTC retains jurisdiction over the case even 2. An order denying a motion for the issuance of the
though it had been given due course to the appeal and writ of possession is appealable.
transmitted record to the CA. RTC may thus dismiss the 3. An order dismissing the petitioner for extrajudicial
appeal for failure to prosecute. Since the appellate court foreclosure is not appealable. The remedy is a
never had jurisdiction over the case the RTC had jurisdiction petition for mandamus as there is a ministerial
of the same. duty of the part of the executive judge to take
cognizance of the case.
Notes: 4. Order denying a motion for leave to file third party
1. MTC decision in delegated land registration and complaint is appealed. ( The court must deny the
cadastral cases are appealable to the CA. motion)
5. An order denying a motion for leave to intervene
Rule 51 Section 8: may be appealed .
General Rule: No error will be considered by the appellate Periods of Appeals
court unless stated in the assignment of error or closely 1. 48 hours : Habeas Corpus case this is taken by
related to or dependent on an assigned error. the notice of appeal. This does not literally mean
48 hours. ( 48 hours is 2 days)
Exception: 2. 5 working days : Writ of Amparo and Writ of
1. Error that affect subject matter jurisdiction or habeas Data PETREV 45. ( Period to file sa Rule
validity of the judgment 45 is 5 days lang)
2. Plain error and clerical error 3. 15 days
3. Appeal to the MTC to the RTC: The RTC decide 4. 30 days
the case based on the entire record of the Neypes Rule : Where a movant files a MR or MNT of a
proceeding and the memoranda. Therefore, even judgment or final order he has a fresh appeal period from the
if the error is not assigned based on the notice of denial of MR or MNT.
memorandum it is an error the RTC can decide the
same. Q: Defendant receives a notice of adverse judgment by the
RTC ( Orig) on April 1, Defendant filed an MR on April 16 .
APPEAL TO THE MTC to the RTC where MTC no Defendant receives a notice of denial on June 1. The
jurisdiction defendant has until June 16 to file an appeal.
Q: P vs D in the RTC. The RTC dismissed the complaint order which held that either Rule 45 or rule 65
for failure to pay the docket fee. The plaintiff filed a ( gadaelej reg integrity centered issue or GAD in
notice of appeal the appeal disallowed by the RTC on factual finding). NO LONGER RULE 43.
the ground that is not the proper remedy. Was the order 5. The remedy from the decision or final order of the
correct? P filed a petition a petition for certiorari and DAR secretary it is rule 43.
mandamus with the ca. The CA dismissed stating that 6. The decision of the SOJ on the legality of tax
the appeal and not certiorari is proper is CA correct? ordinace may be revived on Rule 43
A:No. Under Rule 41 Section 3. The RTC may dismiss an 7. From the ruling of the VA aggrieved party must
appeal only on two grounds 1. Appeal filed out of time 2. Non first file an MR within 10 days from the notice of
payment of docket and other lawful fee within the award decision and then within 15 days from the
reglementary period. ( TD) notice of denial of MR ( Guagua vs national
B: No. An order disallowing the appeal is not appealable the College)
remedy is rule 65 ( Mandamus : Trial court ministerial duty to Ombudsman:
allow the appeal) The remedy of the ombudsman ruling
exonerating respondent from administrative
Rule 42: Appeal from the RTC( Appellate Jurisdiction) liability is not rule 43 but a petition for certiorari
1. Discretionary the CA dismiss the appeal on the under Rule 65 to the CA.
ground of ( MTD: Merit, dilatory , to unsubstantial Rule 65 to the CA : Ombudsman ( Final and executory)
to require consideration) 1. Exoneration
2. Verified petition for review: With the CA within 2. Censure
fifteen days from the notice of judgment and final 3. Reprimand
order upon motion an extension of 15 days 4. Suspension not exceed 1 month salary
extension . ( A second extension is allowed but 5. Fine less than one month salary.
only for the most compelling reason) OMB has a right to intervene in appeals from its ruling in
3. 15-15-15 ( mcr) administrative cases before rendition ( after rendition di
na pede) of judgment by the CA ( Rule 43 to the CA).
Q: MTC refused to give due course to defendant appeal.
Defendant files a rule 65 certiorari with the RTC. RTC ruled The Ombudsman may appeal the CA decision in admin
in favor of the defendant. Plaintiff appeals by Rule 42 to the case.
CA which dismissed appeal for being improper remedy.
OMB Rule 43 CA- Go to the SC rule 45.
A: Rule 41. Here the RTC is acting within original jurisdiciton
as an SCA is an original action. OMBUSMAN IN CRIMINAL CASE
The remedy of an aggrieved party form a decision or order of
An appeal from a decision of the RTC sitting as an Special the Office of the ombudsman in a criminal case is to file a
Agrarian Court is made by way of Rule 42 and not Rule 41 petition for certiorari under Rule 65 to the SC ( Compare in
pursuant to Section 60 of RA 6657 or the CARL. CREPS )

RULE 43: Appeal from Quasi Judicial bodies Q: There is a consolidated ruling one in the administrative
- The petitioner can raise question of law, question case and one in the criminal case. What is the remedy? The
of fact and both. remedy is both rule 43 from the administrative aspect and
This appeal is taken by the filing of the petition for review. Rule 65 to the SC from the criminal. Each of these remedies
The Court of appeal has the discretion to dismiss based on remains viable only with respect to the aspect directed to it
MTD/ ( 15-15-15 * file mo sa Court of appeals) ( 2 remedies nya, eg If you avail admin aspect ung remedy
lang na un gamitin mo for that)
Appeal from the decision or final order of a special
commercial court rendered n the civil case is covered by the Neyphes rule: Is not applicable to administrative appeals
2020 IPR rules and is taken to the CA by way of Rule 43. such as appeal from the HLURB to the office of the president
( Special commercial court + Civil case + Rule 43). .

1. The office of president cancellation and revoking Rule 44: ORDINARY APPEALED CASES BEFORE CA
of the FTAA is purely administrative in nature and 1. Plaintiff vs Defendant in the RTC. The defendant
not an exercise of its quasi judicial authority. Thus filed an answer raising the ground of forum
Rule 43 is not available ( q: Is the OP acting under shopping and improper venue. The RTC
quasi judicial authority?). dismissed the ground on forum shopping although
2. The DENR secretary act of approving mining saving venue was properly laid. P appealed D
company application for mineral production argued that the case should have been dismissed
sharing agreement and entering into MPSA with on the ground of improper venue. CA held no
the mining company cannot be review under Rule forum shopping but dismissed the case on the
43 and Rule 54. ( DENR and mining company not ground of improper venue is the act of the CA
a dispute this is not a quasi judicial power the proper?
granting of the license is within the discretion of No. D should have appealed. An appellee can argue only to
the DENR) sustain the judgment but not impugn the correctness. Here
3. An arbitral award of the PCHC is appealable not to the appellee D cannot raise improper venue on appeal as it
the RTC but to the CA under Rule 43. can argue only to sustain the judgment and not to impugn its
4. Arbitral awards by CIAC may be reviewed via Rule correctness. The SC ordered its remand to the RTC.
43 but only question of law. Note that this case
has been overturned which held that CIAC does 2. The CA has the power to try cases , conduct
not fall under Rule 43. In sofar as the appeal to the hearing receive evidence perform act necessary to
CIAC is concerned what governs is the executive
 resolve actual issue in cases falling within the Q: How shall the CA treat an Important Appeal?
original and appellate jurisdiction. 1. An appeal under Rule 41 taken form the RTC to
Modified: Insofar as civil cases the CA receive evidence only the CA raising only legal question shall be
when it grants a new trial based on newly discovered dismissed.
evidence. This is different from criminal case as appeal 2. An appeal by the NOA instead of a petition for
throws the case wide open. review from the appellate judgment of the RTC
shall be dismissed. ( and vice versa)
Rule 45: Petition for review on Certiorari to the SC No Transfer Rule : An appeal erroneously taken to the CA
*Discretionary appeal shall not be transferred to the appropriate court but shall be
1. Period to file 15-30 ( jr) dismissed outright.
a. Petition for review within 15 days you
can pray for a one time extension for 30 Reinstatement of appeal: If an appeal has been dismissed
days justifiable reason. the appellate court retains the power or discretion to
Rule 45 Rule 65 reinstate it for good cause. The power is implied from the
1. SC only 2. Concurrent power to dismiss the appeal. Of course once the dismissal
3. Mode of appeal 4. SCA order become final the appellate court can no longer
5. 15 6. 60 reinstate the appeal.
7. No need implead 8. Implead public
over court respondent Q: May an appeal be withdrawn?
9. Mr not need 10. MR condition A: Yes. An appeal may e withdrawn as of the right at any
precedent. time before the fling of the appellee brief. Thereafter the
withdrawal may be allowed in discretion of the court
( Appellee brief filed na subject to the discretion of the CA )
1. Appeal from the arbitral award of the CIAC is not
by way of Rule 43 but by way of Rule 45 to the Post Judgment Remedies
SC. This is an exemption to Rule 45 exclusive 1. Rule 38
contemplation of the lower court 2. Rule 47
a. EO 1008: Arbitral award shall be final
and unappealable except on question of
law which is appealable to the Sc ( Di Petition for Relief :
pede Rule 43 rule of court cannot 1. FAME + Good and substantial cause of action or
amend a law). defense
2. Appeal from the RTC decision on the ground of 2. FAME + which prevented the taking of appeal
lack of jurisdiction over action to rescind memorial Rule 38 : Applicable to Criminal Cases
park lot purchase raises only question of law and
should have been taken to the SC and not the CA. Not applicable to the judgment of the CA
( Rule 45 appeal purely question of law must be
taken to the SC and not CA) a. Advanced age is not a ground for petition for relief
3. Appeal in writ of Amparo and Habeas Data case: from failure to appeal.
Any party may appeal form the final judgment or b. The petition for relief grounded on extrinsic fraud
order to the SC under Rule 45 . The period to ( wrong address provided for service of summon )
appeal shall be 5 working days from notice of meant that the court did not acquire personal
adverse judgment . The appeal may raise question jurisdiction. Hence the petition for relief can be
of fact or law or both. filed at anytime unless barred by laches or
a. The NEYPES rule is applicable to the estoppel. ( GROUND EXTRINSIC FRAUD +
writ of amparo case Jurisdiction)
Rule 64: Petition for review from Judgment COA and Rule 46 : Original Cases in CA
COMELEC 1. CPM: Q: Certiorari, prohibition, quo warranto
1. Civil Service Commission covered by rule 43. The petition can be dismissed outright or add a petition.
a. The court acquire jurisdiction over the
Neypes : The neypes rule does not apply to the petition for respondent person by the service on
certiorari to review the judgment of the COMELEC and the him of its order or resolution indicating
COA. What applies is Rule 64 Section 3 where a MR is filed its initial action on petition or by his
an denied the movant has a remaining period to file the voluntary submission to jurisdiction.
petition but not less than five days in any event reckoned b. Service of the order or resolution upon
form the notice of denial of the MR. ( Balance not less than the arty counsel of record is deemed
five days) service upon the party. This is true even
if the counsel had withdrawn but no
Harmless Error Rule : The rule that the appellate court notice of withdrawal was filed with the
should not reverse a judgment as a result of any error or court prior to the service of the order or
defect which does not affect the substantial right of the resolution.
parties. Q: May a MNT be filed with the CA?
A: Yes. At any time after the perfection of the appeal from
Ex: Objection a leading question. Harmless error is not a the lower court and before the CA loses jurisdiction over
subject of an appeal the case a party may file a MNT on ground of newly
discovered evidence which could not have been discovered
BENCHMARK SA APPEAL: Reversible Error: one that is prior to the trial of the court below due diligence and which
sufficiently serious or grave to prejudice the substantial rights would probably change the result
of the appellant.
Procedure with the SC
 1. CPM:HQ
2. Disciplinary proceeding 1. Annulment of Judgment MTC : rtc ( Incapable of
3. Cases affecting ambassador or consuls pecuniary estimation)
Q: What act does SC improper appeal 2. Annulment of judgment RTC: CA exclusive original
A: General Rule : The SC dismiss the improper appeal jurisdiction
Exception: If an appeal by certiorari to the SC from the RTC
involves issue of fact. The appeal may be referred to the CA R47 : based on lack of jurisdiction over person subject
for decision and appropriate action. matter no need to aver that ordinary remedies of new trial,
appeal and motion for reconsideration are no longer
Q: Procedure when the SC en banc equally divided in available without fault.
opinion
A: Where the court en banc is equally divided in opinion or A void RTC judgment may be attacked by Rule 47 and Rule
necessary majority cannot be had the case shall be 65 does not preclude resort to Rule 65.
redeliberated and if after such deliberation no decision is
reached the original action commenced in the court shall be Reversion suit seeking to nullify the judgment of the RTC
dismissed in appealed cases the judgment or order appealed acting as a land registration court should be filed as a RULE
form shall stand affirmed and on all incidental mattes the 47 petition with the CA. vs Malabanan: Action for reversion
petition or motion shall be denied. proper instead of Rule 47 if the Position of th republic is that
there was no RTC CF judgment in the first place ordering
Rule 47 : An action for annulment of judgment or final order issuance of the decree. ( wala naman inunulify na RTC
judgment)
NB: Rule 47 not applicable to the criminal case
Jurisdiction with the RTC or CA. Extrinsic fraud where the petitioner in marriage nullity case
1. Extrinsic Fraud willfully indicated a wrong last known address of the
2. Lack of jurisdiction respondent in his application for extraterritorial service.
a. Lack of personal or subject matter Judgment must be annulled.
jurisdiction it does not refer to those with The RTC has no jurisdiction to issue an order for the
subject matter jurisdiction but acted issuance of the replacement owner duplicate title if the
beyond the power. owner duplicate tilte was not actually lost but was in
3. Denial OF Due process. possession of the person who had bought the property. The
Manila vs manzo: In appealed ejectment case the RTC acted RTC order may be set aside.
in excess of its jurisdiction when instead of simply dismissing
the ejectment complaint it ordered the lessor to execute a
deed of sale in favor of the lessee. The remedy is not Rule
47. ( excess jurisdiction : LACK OF JURISDICITON)
- MANZO overturned: accion publicana filed by the
plaintiff registered owner against the defendant the
RTC judgment awarding ownership to
defendant was void since the ownership cannot
be adjudicated in an accion publiciana. Judgment
may be set aside via rule 47. Rule 47 also applies
to cases when the court exceed its jurisdiction.

Denial of Due process

1. Jurisprudence recognizes the denial of due
process as another ground. If a court approved a
commissioner project of partition when only three
of the nine heirs were notified the meeting to
discuss the project the aggrieved heirs could
resort to ruLE 47
2. The grant of 5% monthly interest is way beyond
the 12% per annum interest sought in the
complaint and is violative of due process. Under
Rule 9 a default judgment shall not exceed the
amount or different in kind from that prayed for.

Judgment of the court granting petition for issuance of

duplicate certificate of title field by the transferee in the deed
of sale void where no notice given to the heirs of the
registered owner. Judgment may nullified under Rule 47.

Judgment which did not implead the indispensable arty may

be nullified under Rule 47 on the ground of lack of
jurisdiction.

Period to file : Extrinsic fraud four years from discovery Lack

of Jurisdiction: Imprescriptible unless barred by laches and
estoppel.