report on appeal

8/12/2019 Report on Appeal

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Perfection of an appeal in the manner and within the period laid down bylaw is mandatory and jurisdictional. [Balgami v. CA (2004)]

Rationale:

Appeal is merely a statutory privilege, and may be exercised only in themanner and in accordance with the provisions of the law. It is not a naturalright nor a part of due process

Effect of failure to perfect appeal: Defeats a partys right to appeal.

Precludes appellate court from acquiring jurisdiction.

Failure to pay the appellate court docket fee within the reglementary

period confers only a discretionary (not mandatory) power to dismiss theproposed appeal. [Camposagrado v. Camposagrado (2005)]


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Definition: Period of appeal is interrupted by a timely Motion for NewTrial (MNT)/ Motion for Reconsideration (MFR). Motion for extension

of time to file MNT or MFR is not allowed. [Rule 40,Sec. 2]

Applicability:1) Rule 40 on appeals from MTC to RTC.2) Rule 42 on petitions for review from RTC to CA.

3) Rule 43 on appeals from QJA to CA.4) Rule 45 on appeals by certiorari to SC.

Rationale: To standardize the appeal periods provided in the ROC andto afford litigants fair opportunity to appeal their cases, the courtdeems it practical to allow a fresh period of 15 days within which to file

the notice of appeal (NOA) in the RTC, counted from receipt of theorder dismissing a MNT/MFR.


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Appeal of judgment or final order that completely disposes of either:

1) The case;

2) A particular matter in the case, when declared by ROC to be appealable.

Not appealable under Rule 41:

1) Order denying MNT/MFR;

2) Order denying PFR or any similar motion seeking relief from judgment;

3) Interlocutory order;4) Order disallowing/dismissing appeal;

5) Order denying motion to set aside judgment by consent/confession/compromise onground of fraud/mistake/duress or any other vitiation of consent;

6) Order of execution;

7) While the case is pending, judgment or final order:

a) For/against one or more of several parties;

b) In separate claims, counterclaims, cross-claims, 3rd-party complaints.

Exception: If court allows appeal.

8) Order dismissing an action without prejudice.

In the 8 cases not appealable under Rule 41, the aggrieved party may

file a special civil action under Rule 65.


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PETITION FOR REVIEW FROM RTC TO CA [Rule 42]

APPLICABILITY

Appeal of RTC decision rendered in exercise of appellate jurisdiction. [Rule 42, Sec. 1]

Certificate of Non Forum Shopping (CNFS)

Petitioner in a petition for review in CA/SC must submit a CNFS with the petition.

However, this rule is relaxed where there is need to conduct a review. In those instances, petitionermay comply with the requirement after he has filed the petitions. [Rule 42, Sec.1]

PETITION FOR REVIEW FROM QJA TO CA [Rule 43]

APPLICABILITY

Appeals from judgments or final orders of the CTA and from awards, judgments, final orders orresolutions of or authorized by any

Quasi judicial agency (QJA) in the exercise of its quasi-judicial functions: [Rule 43, Sec. 1]

1) Civil Service Commission (CSC); 2) Central Board of Assessment Appeals (CBAA); 3) Securities andExchange Commission (SEC); 4) Office of the President (OP); 5) Land Registration Authority (LRA);

6) Social Security Commission (SSC); 7) Civil Aeronautics Board (CAB); 8) Bureau of Patents,Trademarks and Technology Transfer (BPTTT); 9) National Electrification Administration (NEA); 10)Energy Regulatory Board (ERB); 11) National Telecommunications Commission 12) Department ofAgrarian Reform (DAR under RA 6657) 13) Government Service Insurance System (GSIS); 14)Employees Compensation Commission (ECC); 15) Agricultural Inventions Board (AIB); 16) InsuranceCommission; 17) Philippine Atomic Energy Commission (PAEC); 18) Board of Investments (BOI); 19)Construction Industry Arbitration Commission; 20) voluntary arbitrators authorized by law.


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Rule 43 shall not apply to judgments or final orders issued under the Labor Code. [Rule 43, Sec. 2]

NLRC judgments and final orders or resolutions are now reviewable, in the first instance, by the CA oncertiorari under Rule 65, but those of the ECC should be brought to the CA through a petition for reviewunder this Rule. Also, appeals from the Office of the Ombudsman in administrative disciplinary cases are now

covered by this rule. [Fabian v. Desierto (1998)] RA 9282: Decisions of the CTA are now appealable to the SC by petition for review on certiorari under Rule 45.

Resolution of DOJ Secretary is not appealable under Rule 43. Recourse should be to the

President, instead of the CA, under the established principle of exhaustion of administrative remedies. [Orosav. Roa (2006)]

EXHAUSTION OF ADMINISTRATIVE REMEDIES If an appeal/remedy obtains or is available within theadministrative machinery, this should be resorted to before resort can be made to the courts.

Under Rule 43, Sec. 4 the petition should be filed within 15 days from;

1) Notice of the final order;

2) The date of its last publication, if publication is required by law for its effectivity;

3) The denial of the petitioners MFR duly filed according to the governing law of the court or agency a quo.

Under Rule 43, there is no need to implead the lower court or agency which rendered the assailed decision.

Submission of the duplicate original or certified true copy of judgment/order/resolution/ruling subject of apetition for certiorari is essential to determine WON the court/body/tribunal which

rendered the same indeed committed GAD. Either a legible duplicate original or certified true copy thereofshall be

submitted. If what is submitted is a copy, then it is required that the same is certified by the proper officer of

the court/tribunal/agency/office involved. This is to assure that such copy is a faithful reproduction of thejudgment/order/resolution/ruling subject of the petition.


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Where only questions of law are raised/involved. [Rule 41, Sec. 2(c)]

Appeal by certiorari from a judgment or final order or resolution of CA/Sandiganbayan/RTC or other courts whenever

authorized by law. [Rule 45, Sec. 1] No appeal may be taken from:

1. An order denying a petition for relief or any similar motion seeking relief from judgment;

2. An interlocutory order;

3. An order disallowing or dismissing an appeal;

4. An order denying a motion to set aside a judgment by consent, confession or compromise on the ground of fraud,mistake or duress, or any other ground vitiating consent;

5. An order of execution;

6. A judgment or final order for or against one or more of several parties or in separate claims, counterclaims, cross-claims and thirdparty complaints, while the main case is pending, unless the court allows an appeal therefrom; and

7. An order dismissing an action without prejudice.

In any of the foregoing circumstances, the aggrieved party may file an appropriate special civil action as provided inRule 65. A party desiring to appeal by certiorari from a judgment, final order or resolution of the Court of Appeals, theSandiganbayan, the Court of Tax Appeals, 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 petition may include an application for awrit of preliminary injunction or other provisional remedies and shall raise only questions of law, which mustbedistinctly set forth. The petitioner may seek the same provisional remedies by verified motion filed in the sameaction or proceeding at anytime during its pendency.

APPLICABILITY [Rule 45, Sec. 9]

Applicable to both civil and criminal cases.

Exception: Criminal cases where the penalty imposed is death, reclusion perpetua or life imprisonment.


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PAYMENT OF DOCKET AND OTHER LAWFUL FEES

Unless he has theretofore done so, the petitioner shall pay the docket and other lawful feesto the SC clerk of court and deposit P500 for costs at the time of the filing of the petition.[Rule 45, Sec. 3]

PROOF OF SERVICE OF PETITION

Proof of service of a copy on the lower court and on the adverse party shall be submittedtogether with the petition. [Rule 45, Sec. 3]

DISMISSAL/DENIAL OF PETITION [Rule 45, Sec. 5]

Failure of the petitioner to comply with any of the requirements regarding the payment ofthe docket and other lawful fees, deposit for costs, proof of service of the petition, and the

contents of and the documents which should accompany the petition, shall be sufficientground for the dismissal thereof.

SC may on its own initiative deny the petition on the ground that:

1) The appeal is without merit;

2) The appeal is prosecuted manifestly for delay;

3) The questions raised therein are too unsubstantial to require consideration.

DISCRETIONARY REVIEW [Rule 45, Sec. 3]

A review is not a matter of right, but of sound judicial discretion, and will be granted onlywhen there are special and important reasons therefor.


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The following, while neither controlling nor fully measuring the court's discretion, indicate the character of reasons which will be considered:

a) When the court a quo has decided a question of substance, not theretofore determined by the SC, or has decided it in a way probably not in accord withlaw or with the applicable decisions of the SC; or

b) When the court a quo has so far departed from the accepted and usual course of judicial proceedings, or so far sanctioned such departure by a lowercourt, as to call for an exercise of the power of supervision.

MAY REQUIRE PLEADINGS AND DOCUMENTS [Rule45, Sec. 7]

For purposes of determining WON the petition should be dismissed or denied pursuant to Rule 45, Sec. 5, or where the petition is given due course underSec. 8 hereof, the SC may require/allow the filing of pleadings/briefs/memoranda/documents as it may deem necessary, and impose the sanctions in case ofnon-filing or unauthorized filing of such pleadings and documents or noncompliance with the conditions therefor.

DUE COURSE AND ELEVATION OF RECORDS [Rule 45, Sec. 8]

If the petition is given due course, the SC may require the elevation of the complete record of the case or specified parts thereof within 15 days from notice.

QUESTION OF LAW [Agote v. Lorenzo (2005)]

A question of law does not involve an examination of the probative value of the evidence presented by any of the litigants.

There is a question of law in a given case when the doubt or difference arises as to what the law is on a certain state of facts; there is a question of fact whenthe doubt or difference arises as to the truth or the falsehood of the facts alleged.

General rule: CAs findings of fact are final and conclusive and cannot be reviewed on appeal to the SC, [Amigo v. Teves] provided they are borne out by the recordor are based on substantial evidence. [Alsua-Betts v. CA(1979)]

Exception: CAs findings of fact may be reviewed by the SC on appeal by certiorari when:

1) Conclusion is a finding grounded entirely on speculations/surmises/conjectures. [Joaquin v. Navarro]

2) Inference made is manifestly mistaken/absurd/impossible. [Luna v. Linatok]

3) There is GAD in the appreciation of facts. [Buyco v. People]

4) Judgment is based on a misapprehension of facts. [De la Cruz v. Sosing]

5) CAs findings of fact are conflicting. [Casica v. Villaseca]

6) CA, in making its findings, went beyond the issues of the case and the same is contrary to the admissions of both appellant and appellee. [Nakpil and Sonsv. CA (1986)]

7) CA manifestly overlooked certain relevant facts not disputed by the parties and which, if properlyconsidered, would justify a different conclusion.[Abellana v. Dosdos (1965)]

8) CAs findings of fact are contrary to those of the TC, or are mere conclusions without citation of specific evidence, or where the facts set forth by thepetitioner are not disputed by the respondent, or where the findings of fact of the CA are premised on absence of evidence but are contradicted by theevidence of record. [Manlapaz v. CA (1987)]

Rule 65 cannot cure the failure to appeal thru Rule 45. [Perez-Rosario v. CA (2006)]


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ORDINARY APPEALED CASES [Rule 44]


Cases appealed under R41.

CASE TITLE [Rule 44, Sec. 1]

Same as that in the court of origin; but appealing party shall be further referred to as appellant and adverse party as appellee.

COUNSELS AND GUARDIANS [Rule 44, Sec. 2]

The counsel and guardians ad litem of the parties in the court of origin shall be respectively considered as their counsel and guardiansad litem in the CA.

When others appear or are appointed, notice thereof shall be served immediately on the adverse party and filed with the court.

ORDER OF TRANSMITTAL OF RECORD [Rule 44, Sec. 3]

If the original record or the record on appeal is not transmitted to CA within 30 days after the perfection of the appeal, either partymay file a motion with the TC, with notice to the other,

for the transmittal of such record or ROA.

CASE DOCKETING [Rule 44, Sec. 4]

Upon receiving the original record or ROA and the accompanying documents and exhibits transmitted by the lower court, as well asthe proof of payment of the docket and other lawful

fees, the clerk of the CA shall docket the case and notify the parties thereof.

Within 10 days from receipt of said notice, the appellant, in appeals by ROA, shall file with the clerk of court 7 clearly legible copies ofthe approved ROA, together with the proof of service of 2 copies thereof upon the appellee. Any unauthorizedalteration/omission/addition in the approved ROA shall be a ground for dismissal of the appeal.

RECORD COMPLETION [Rule 44, Sec. 5]

Where the record of the docketed case is incomplete, the clerk of the CA shall so inform said court and recommend to it measuresnecessary to complete the record. It shall be

the duty of said court to take appropriate action towards the completion of the record within the shortest possible time.


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Where the completion of the record could not be accomplished within a sufficient period allotted for said purpose due toinsuperable or extremely difficult causes, the court may declare that the record and its accompanying transcripts and exhibits sofar available are sufficient to decide the issues raised in the appeal, and shall issue an order explaining thereasons for suchdeclaration. [Rule 44, Sec. 6]

APPELLANTS BRIEF [Rule 44, Sec. 7]

It shall be the duty of the appellant to file with the court, within 45 days from receipt of the notice of the clerk that all theevidence are attached to the record, 7 copies of his legibly typewritten/mimeographed/printed brief, with proof of service of 2copies thereof upon the appellee.

Contents of appellants brief: [Rule 44, Sec. 13]

a) SUBJECT INDEX Digest of the arguments and page references, and a tables of: (1) cases alphabetically arranged; and (2)books and statutes cited, with references to the pages where they are cited.

b) ASSIGNMENT OF ERRORS Errors urged separately, distinctly and concisely; stated without repetition and numberedconsecutively.

WON appellant has filed a MNT in the court below, he may include in his assignment of errors any question of law/fact that hasbeen raised in the court below and which is within the issues framed by the parties. [Rule 44, Sec. 15]

c) STATEMENT OF THE CASE Clear and concise statement of the nature of the action, a summary of the proceedings, theappealed court rulings and orders, the nature of the judgment and any other

matters necessary to an understanding of the nature of the controversy, with page references to the record.

d) STATEMENT OF FACTS Clear and concise narrative statement of the facts admitted by both parties and of those in

controversy, together with the substance of the related proof, in sufficient detail to make it clearly intelligible and with pagereferences to the record.

e) ISSUES Clear and concise statement of issues of fact/law submitted to the court for its judgment.

f) ARGUMENT Appellantsarguments on each assignment of error, with page references to the record. The authorities reliedupon shall be cited by the page of the report at which the case begins and the page of the report on which the citation is found.

g) RELIEF Specification of the order/judgment which the appellant seeks.

In cases not brought up by record on appeal, the appellants brief shall contain (as an appendix) a copy of the judgment or finalorder appealed from.

h) Attachment: Certified true copy of the decision or final order appealed from. [Rule 124, Sec. 7]


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APPELLEESBRIEF [Rule 44, Sec. 8]

Within 45 days from receipt of appellant's brief, the appellee shall file with the court 7 copies of his legiblytypewritten/mimeographed/printed brief, with proof of service of 2 copies thereof upon the appellant.

Contents of appelleesbrief: [Rule 44, Sec. 14]

a) Subject index.

b) STATEMENT OF FACTS Statement that appellee accepts the statement of facts in the appellants brief; orCOUNTERSTATEMENT OF FACTS Points out the insufficiencies/inaccuracies appellee

believes to exist in the appellantsstatement of facts, with references to the supporting pages of the record. Matters in the appellantsstatement of facts should not be repeated.

c) ARGUMENT Appelleesarguments on each assignment of error, with page references to the record. The authorities relied uponshall be cited by the page of the report at which the case begins and the page of the report on which the citation is found.

REPLY BRIEF [Rule 44, Sec. 9]

Within 20 days from receipt of appellee's brief, the appellant may file a reply brief answering points in appellee's brief not alreadycovered in

his main brief. MEMORANDA IN SPECIAL CASES [Rule 44, Sec. 10]

In certiorari, prohibition, mandamus, quo warranto and habeas corpus cases, the parties shall be file (in lieu of briefs) their respectivememoranda within a non-extendible period of 30 days from receipt of the notice issued by the clerk that all the evidence isalready attached to the record.

The failure of the appellant to file his memorandum within the period therefor may be a ground for dismissal of the appeal.

SEVERAL/PLURALITY OF APPELLANTS/APPELLEES/COUNSELS [Rule 44, Sec. 11]Where there are several appellants/appellees, each counsel representing one or more but not all of them shall be served with only onecopy of the briefs.

When several counsel represent one appellant or appellee, copies of the brief may be served upon any of them.

EXTENSION OF TIME FOR FILING BRIEFS [Rule 44, Sec. 12]

Extension of time for the filing of briefs will not be allowed, except for good and sufficient cause, and only if the motion for extensionis filed before the expiration of the time sought to be extended.

BRIEF [De Liano v. CA (2001)]

Purpose: To present to the court in concise form the points and questions in controversy, and by fair argument on the facts and law ofthe case to assist the court in arriving at a just and proper conclusion.


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Original actions for certiorari, prohibition, mandamus and quo warranto, Except as otherwise provided, the actions for annulment ofjudgment shall be governed by

Rule 47, for certiorari, prohibition and mandamus by Rule 65, and for quo warranto by Rule 66.

Rule 46 primarily governs original actions for certiorari filed in, CA but Rule 65 generallyserves to supplement the same. Rules 46and 65 co-exist with each other and should be construed so as to give effect to every provision of both rules. Under Rule 46, mereduplicate originals of the assailed orders are allowed. [Republic v. Carmel (2002)]

CASE TITLE [Rule 46, Sec. 1]

In all cases originally filed in the CA, the party instituting the action shall be called the petitioner and the opposing party therespondent.

CONTENTS OF PETITION [Rule 46, Sec. 3]

1) Full names and actual addresses of all the petitioners and respondents;

2) Concise statement of the matters involved;

3) Factual background of the case;

4) Grounds relied upon for the relief prayed for.

FILING OF PETITION [Rule 46, Sec. 3]

It shall be filed in 7 clearly legible copies together with proof of service thereof on the respondent with the original copy intended forthe court indicated as such by the petitioner, and shall be accompanied by a clearly legible duplicate original or certified true copy of

the judgment/order/resolution/ruling subject thereof, such material portions of the record as are referred to therein, and otherdocuments relevant/pertinent thereto. The certification shall be accomplished by the proper clerk of court or by the proper officer ofthe court/tribunal/agency/office involved. The other requisite number of copies of the petition shall be accompanied by clearly legibleplain copies of all documents attached to the original.

The petitioner shall also submit together with the petition a sworn certification that he has not theretofore commenced any otheraction involving the same issues in the SC/CA or different divisions thereof or any other tribunal/agency. If there is such otheraction/proceeding, he must state the status of the same; and if he should thereafter learn that a similar action/proceeding has beenfiled or is pending before the SC/CA or different divisions thereof or any other tribunal/agency, he undertakes to promptly inform theaforesaid courts and other tribunal/agency thereof within 5 days therefrom.


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PAYMENT OF DOCKET AND LAWFUL FEES [Rule 46, Sec. 3]

The petitioner shall pay the docket and other lawful fees to the clerk of court and deposit P500 for costs at the time of the filing ofthe petition.

The failure of the petitioner to comply with any of the foregoing requirements shall be sufficient ground for the dismissal of thepetition. [Rule 46, Sec. 3]

JURISDICTION OVER RESPONDENTS PERSON [Rule 46, Sec. 4]

1) By the service on him of its order/resolution indicating its initial action on the petition;2) By his voluntary submission to such jurisdiction.

COURT ACTION [Rule 46, Sec. 5]

The court may either:

1) Dismiss the petition outright with specific reasons for such dismissal;

2) Require the respondent to file a comment on the same within 10 days from notice.

Only pleadings required by the court shall be allowed. All other pleadings and papers may be filed only with leave of court.

DETERMINATION OF FACTUAL ISSUES [Rule 46, Sec. 6]

Whenever necessary to resolve factual issues, the court may either:

1) Conduct hearings thereon;

2) Delegate the reception of the evidence on such issues to any of its members or to an appropriate court/agency/office.

FAILURE TO COMMENT [Rule 46, Sec. 7]

When no comment is filed by any of the respondents, the case may be decided on the basis of the record, without prejudice to anydisciplinary action which the court may take against the disobedient party.

PRELIMINARY CONFERENCE

Matters to be taken up: At any time during the pendency of a case, the court may call the parties and their counsel to a preliminaryconference: [Rule 48, Sec. 1]

1) To consider the possibility of an amicable settlement, except when the case is not allowed by law to be compromised;

2) To define/simplify/clarify the issues for determination;

3) To formulate stipulations of facts and admissions of documentary exhibits, limit the number of witnesses to be presented in casesfalling within the original jurisdiction

of the court, or those within its appellate jurisdiction where a MNT is granted on the ground of newly discovered evidence;

4) To take up such other matters which may aid the court in the prompt disposition of the case.


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The proceedings at the preliminary conference shall be recorded. Upon the conclusion thereof, a resolution shall be issued embodyingall: (1) the actions taken therein, (2) the stipulations and admissions made, and (3) the issues defined. [Rule 48, Sec. 2]

The resolution in the preliminary conference shall control the subsequent proceedings in the case. [Rule 48, Sec. 3]

Exception:

1) Modifications may be made to prevent manifest injustice;

2) Within 5 days from notice thereof, any party may satisfactorily show valid cause why the resolution should not be followed.

ORAL ARGUMENT

The court may hear the parties in oral argument on the merits of a case or on any material incident in connection therewith. The oralargument shall be limited to such matters as the court may specify in its order/resolution. [Rule 49, Sec. 1]

Unless authorized by the court, only one counsel may argue for a party. The duration allowed for each party, the sequence of theargumentation, and all other related matters shall be as directed by the court. [Rule 49, Sec. 2]

Motions shall not be set for hearing. Unless the court otherwise directs, no hearing or oral argument shall be allowed in support ofmotions. The adverse party may file objections to the motion within 5 days from service. Upon the expiration of the 5 days, the motionshall be deemed submitted for resolution. [Rule 49, Sec. 3]

DISMISSAL OF APPEAL

Grounds: [Rule 50, Sec. 1]

1) Failure of the record on appeal to show on its face that the appeal was taken within the period fixed by ROC;

2) Failure to file the NOA/ROA within the period prescribed by ROC;

3) Failure of the appellant to pay the docket and other lawful fees under Rule 41, Sec. 4;

4) Unauthorized alterations/omissions/ additions in the approved ROA under Rule 44, Sec. 4;

5) Failure of the appellant to serve and file the required number of copies of his brief or memorandum within the time provided by theROC;

6) Absence of specific assignment of errors in the appellant's brief, or of page references to the record as required in Rule 44, Sec. 13,paragraphs (a), (c), (d) and (f);

7) Failure of the appellant to take the necessary steps for the correction/completion of the record within the time limited by the courtin its order;

8) Failure of the appellant to appear at the preliminary conference under Rule 48 or to comply with court orders/circulars/directiveswithout justifiable cause;

9) The fact that the order/judgment appealed from is not appealable.


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WHEN CASE IS SUBMITTED FOR JUDGMENT [Rule 51, Sec. 1]

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/memorandumrequired by the ROC 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/memorandum

required/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/permitted to be filed by the court, or theexpiration 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 lastpleading/memorandum required/permitted to be filed by the court, or the expiration of the period for its filing.

JUDGMENT

It is rendered by the members of the court who participated in the deliberation on the merits of the case before itsassignment to a member for the writing of the decision. [Rule 51, Sec. 2]

The participation of all 3 Justices of a division shall be necessary at the deliberation. The unanimous vote of the 3Justices shall be required for the pronouncement of a judgment or final resolution. If the 3 Justices do not reach aunanimous vote, the clerk shall enter the votes of the dissenting Justices in the record. Thereafter, the Chairman of thedivision shall refer the case (together with the minutes of the deliberation) to the Presiding Justice who shall designate2 Justices chosen by raffle from among all the other members of the court to sit temporarily with them, forming aspecial division of 5 Justices. The participation of all the 5 members of the special division shall be necessary for thedeliberation and the concurrence of a majority of such division shall be required for the pronouncement of a judgmentor final resolution. [Rule 51, Sec. 3]

The CA, in the exercise of its appellate jurisdiction, may affirm/reverse/modify the judgment or final order appealedfrom, and may direct a new trial or further proceedings to be had. [Rule 51, Sec. 4]

Every decision or final resolution of the CA in appealed cases shall clearly and distinctly state the findings of fact andthe 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/resolution appealed from. [Sec. 40, BP 129; Rule 51, Sec. 5]


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HARMLESS ERROR RULE

No error in the admission/exclusion of evidence and no error/defect in any ruling/order or in anything done/omitted by the TC or byany of the parties is ground for granting a new trial or for setting aside, modifying or otherwise disturbing a judgment/order, unlessrefusal to take such action appears to the court inconsistent with substantial justice. The court at every stage of the proceeding mustdisregard any error/defect which does not affect the substantial rights of the parties. [Rule 51, Sec. 6]

In all actions/proceedings, an appealed judgment may be affirmed as to some of the appellants and reversed as to others, and the

case shall thereafter be proceeded with as if separate actions had been begun and prosecuted. Execution of the judgment of affirmancemay be had accordingly, and costs may be adjudged in such cases, as the court shall deem proper. [Rule 51, Sec. 7]

No error which does not affect the jurisdiction over the subject matter or the validity of the judgment appealed from or theproceedings therein will be considered unless stated in the assignment of errors, or closely related to or dependent on an assignederror and properly argued in the brief. [Rule 51, Sec. 8]

Exception: The court may pass upon plain errors and clerical errors.

After the judgment or final resolution and and dissenting/separate opinions are signed by the Justices taking part, they shall bedelivered for filing to the clerk. The clerk shall indicate thereon the date of promulgation and cause true copies thereof to be servedupon the parties or their counsel. [Rule 51, Sec. 9]

ENTRY OF JUDGMENT AND FINAL RESOLUTIONS [Rule 51, Sec. 10]

If no appeal/MNT/MFR is filed within the reglementary period, the judgment or final resolution shall be entered by the clerk in thebook of entries of judgments.

The date when the judgment or final resolution becomes executory shall be deemed as the date of its entry.

The record shall contain the dispositive part of the judgment or final resolution and shall be signed by the clerk, with a certificatethat such judgment or final resolution has become final and executory.

EXECUTION OF JUDGMENT [Rule 51, Sec. 11]

Motion for execution of the judgment or final order or resolution may only be filed in the proper court after its entry.

Exception: If the judgment or final orderor resolution (or a portion thereof) is ordered to be immediately executory,

In original actions in the CA, its writ of execution shall be accompanied by a certified true copy of the entry of judgmentor finalresolution and addressed to any appropriate officer for its enforcement.

In appealed cases, where the motion for execution pending appeal is filed in the CA at a time that it is in possession of the originalrecord or ROA, the resolution granting such motion shall be transmitted to the lower court from which the case originated, together

with acertified true copy of the judgment or final order to be executed, with a directive for such court of origin to issue the proper writfor its enforcement.


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Motion for Reconsideration (MFR)

A party may file a MFR of a judgment or final resolution within 15 days from notice thereof, with proof of service onthe adverse party. [Rule 52, Sec. 1]

No 2nd MFR of a judgment or final resolution by the same party shall be entertained. [Rule 52, Sec. 2]

A MFR in the CA shall be resolved within 90 days from the date when the court declares it submitted for resolution.[Rule 52, Sec. 3] Pendency of a MFR filed on time and by the proper party shall stay the execution of the judgment orfinal resolution sought to be reconsidered, unless the court directs otherwise for good reasons. [Rule 52, Sec. 4]

NEW TRIAL

Any time after the appeal from the lower court has been perfected and before the CA loses jurisdiction over the case, aparty may file a MNT on the ground of newly discovered evidence which could not have been discovered prior to thetrial in the court below by the exercise of due diligence and which is of such a character as would probably change the

result. The MNT shall be accompanied by affidavits showing the facts constituting the grounds therefor and the newlydiscovered evidence. [Rule 53, Sec. 1]

The CA shall consider the new evidence together with that adduced at the trial below, and may: [Rule 53, Sec. 2]

1) Grant/refuse a new trial;

2) Make such order as to the taking of further testimony, either orally in court or by depositions; 3) Render such otherjudgment as ought to be rendered upon such terms as it may deem just.

The CA shall resolve a MNT within 90 days from the date when the court declares it submitted for resolution. [Rule

53, Sec. 3] Unless the court otherwise directs, the procedure in the new trial shall be the same as that granted by a RTC. [Rule 53,Sec. 4]

PUBLICATION OF JUDGMENTS AND FINAL RESOLUTIONS

Judgments and final resolutions of the CA shall be published in the OG and in the Reports officially authorized bythe court in the language in which they have been originally written, together with the syllabi therefor prepared by thereporter in consultation with the writers thereof. Memoranda of all other judgments and final resolutions not sopublished shall be made by the reporter and published in the OG and the authorized reports. [Rule 55, Sec. 1]


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E. PROCEDURE IN SC

ORIGINAL CASES [Rule 56.A]

COGNIZABLE ORIGINAL CASES

Only petitions for: [Rule 56, Sec. 1]

1) Certiorari;

2) Prohibition;

3) Mandamus;

4) Quo warranto;

5) Habeas corpus;

6) Disciplinary proceedings against members of the judiciary and attorneys;

7) Cases affecting ambassadors, other public ministers and consuls.

APPLICABLE RULES [Rule 56, Sec. 2]

1) The procedure in original cases for certiorari, prohibition, mandamus, quo warranto and habeas corpus shall be in accordance with theapplicable provisions of the Constitution, laws, and Rules 46, 48, 49, 51, 52 and this Rule.

All references in said Rules to the CA shall be understood to also apply to the SC;

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

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

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

APPEALED CASES [Rule 56.B]

MODE OF APPEAL [Rule 56, Sec. 3]

Only by a petition for review on certiorari.

Exception: Criminal cases where the penalty imposed is death, reclusion perpetua or life imprisonment.

PROCEDURE [Rule 56, Sec. 4]

Governed by and disposed of in accordance with the applicable provisions of the Constitution, laws, Rules 45, 48, Sec. 1, 2 and 5 to 11 of Rule51, 52 and this Rule.


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GROUNDS FOR DISMISSAL OF APPEAL [Rule 56, Sec. 5]

1) Failure to take the appeal within the reglementary period;

2) Lack of merit in the petition;

3) Failure to pay the docket and other lawful fees or to make a deposit for costs;

4) Failure to comply with the requirements regarding proof of service and contents of andthe documents which should accompany thepetition;

5) Failure to comply with any SC circular/directive/order without justifiable cause;

6) Error in the choice/mode of appeal;

7) The fact that the case is not appealable to SC.

IMPROPER APPEAL [Rule 56, Sec. 6]

An appeal taken to the SC by NOA shall be dismissed.

Exception: Rule 122, Sec. 3 regarding appeals in criminal cases where the penalty imposed is death, reclusion perpetua or lifeimprisonment.

An appeal by certiorari taken to the SC from the RTC submitting issues of fact may be referred to the CA for decision or appropriateaction. The determination of the SC on WON issues of fact are involved shall be final. EQUALLY DIVIDED SC [Rule 56, Sec. 7]

Where the court en banc is equally dividedin opinion, or the necessary majority cannot be had, the case shall again be deliberated on.If after such deliberation no decision is reached:

1) The original action commenced in the court shall be dismissed.

2) In appealed cases, the judgment/order appealed from shall stand affirmed;

3) On all incidental matters, the petition/motion shall be denied.

XI. EXECUTION OF JUDGMENTS

A. EXECUTION AS A MATTER OF RIGHT

General rule: When the judgment or order becomes executory, the court cannot refuse to issue a writ of execution

Exceptions: The issuance of a writ of execution which issues as a matter of right can be countered in any of the following cases (R-I-N-S-E-D):

1) When a PETITION FOR RELIEF or an action to enjoin judgment is filed and a preliminary injunction is prayed for and granted (Rule

38.5);2) When the judgment turns out to be INCOMPLETE OR IS CONDITIONAL


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RULE 45 RULE 65

Appeal by Certiorarito the Supreme Court Certiorari, Prohibition and Mandamus

raise only questions of lawwhich must be distinctly set forth without or in excess its or his jurisdiction, or with grave abuseof discretion amounting to lack or excess of jurisdiction, and

there is no appeal

filed within fifteen (15) days from notice of the judgment or final

order or resolution appealed from, or of the denial of the

petitioner's motion for new trial or reconsideration filed in due

time after notice of the judgment

filed not later than sixty (60) days from notice of the judgment,

order or resolution

where filed: where filed:

Supreme Court only SC

CA (whether or not the same is in aid of its appellate jurisdiction) If it

involves the acts or omissions of a quasi-judicial agency unless

otherwise provided by law or these Rules, the petition shall be filed in

and cognizable only by the Court of Appeals

Sandiganbayan (if it is in aid of its appellate jurisdiction)

RTC

extension of thirty (30) days only within which to file the petition -

may be granted for justifiable reasons, on motion duly filed and

served, with full payment of the docket and other lawful fees and

the deposit for costs before the expiration of the reglementary

period

No extension of time to file the petition shall be granted except

for compelling reason and in no case exceeding fifteen (15) days

A review is not a matter of right, but of sound judicial discretion,

and will be granted only when there are special and important

reasonsthereof:

As a matter of right


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RULE 45When the court a quohas decided a question of substance, not

theretofore determined by the Supreme Court, or has decided it

in a way probably not in accord with law or with the applicable

decisions of the Supreme Court

When the court a quo has so far departed from the accepted and

usual course of judicial proceedings, or so far sanctioned such

departure by a lower court, as to call for an exercise of the powerof supervision

the petitioner shallpaythe corresponding docket and other

lawful fees to the clerk of court of the Supreme Court and deposit

the amount of P500.00 for costs at the time of the filing of the

petition. Proof of service of a copy, thereof on the lower court

concerned and on the adverse party shall be submitted together

with the petition


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RULE 45 RULE 65

Contents of petition: Contents of petition:

filed in eighteen (18) copies, with the original copy intended for

the court being indicated as such by the petitioner and shall:

The petition shall be accompanied by a certified true copy of the

judgment, order or resolution subject thereof, copies of all

pleadings and documents relevant and pertinent thereto, and a

sworn certification of non-forum shopping as provided in the third

paragraph of section 3, Rule 46

state the full name of the appealing party as the petitioner and

the adverse party as respondent, without impleading the lower

courts or judges thereof either as petitioners or respondents

indicate the material dates showing when notice of the judgment

or final order or resolution subject thereof was received, when amotion for new trial or reconsideration, if any, was filed and when

notice of the denial thereof was received

set forth concisely a statement of the matters involved, and the

reasons or arguments relied on for the allowance of the petition

be accompanied by a clearly legible duplicate original, or a

certified true copy of the judgment or final order or resolution

certified by the clerk of court of the court a quoand the requisite

number of plain copies thereof, and such material portions of the

record as would support the petition

contain a sworn certification against forum shopping

The failure of the petitioner to comply with any of the foregoing

requirements regarding the payment of the docket and other

lawful fees, deposit for costs, proof of service of the petition, and

the contents of and the documents which should accompany the

petition shall be sufficient ground for the dismissal thereof


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MTCOriginal Appeal Under Rule 40

RTC

Petition for Review Under Rule 42

CA

Appeal by Certiorari Under Rule 45

SC


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RTC

Pure Question of Law

Original Appeal Under Rule 41

Intra Corporate Controversies

Corporate Rehabilitation Cases

Appeals from

CTA, QJA to CA

Under Rule 45

CA Appeal by CertiorariUnder Rule 45

SC


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QJA

COA/COMELEC

Appeals from CTA, QJA to CA

Under Rule 43 NLRC

Certiorari, Prohibition

and Mandamus

Under Rule 65

CA Review of Final Judgments, Final

Order or Resolutions of the COA

and Comelec under Rule 64

SC


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CA

Appeal by Certiorari

Under Rule 45

SC

report on appeal

Documents