Civil

Procedures SY 2013-2014

Finals moment you receive the decision, you can file

March 3, 2014 absent ko ani so hinay2 lang sa ta. directly the notice. 1 paragraph lang, just say
Rule 40 there: notice is hereby given FILED IN THE
APPEAL FROM MTC TO RTC MTC
A. Where to appeal: o State that you received the decision
Appeal to the RTC which exercises TERRITORIAL o State the date when you have received
JURISDICTION over the place where that MTC is the decision
situated. o State the date when you filed the
EX1: RTC of Cebu it exercises jurisdiction over Cebu City, notice
Talisay City, Minglanilia, Naga, San Fernando up to Carcar. This is what we call the
MATERIAL DATA RULE
EX2: RTC of Mandaue jurisdiction over Mandaue, IMPORTANT
Consolacion, Lilo-an MATERIAL DATA RULE the material dates that you must
state in your appeal because it is jurisdictional. Without
EX3: RTC of Danao jurisdiction over Danao, Compostela, those dates, the appeal shall be denied. IMPORTANT
Carmen, Catmon, Sugod and Camotes Island.
In Records of Appeal (30 days) this one takes
B. When to Appeal: time you must submit a SUMMARY of all that
15 days for Notice of Appeal had transpired in the court IN CRONOLOGICAL
30 days from the time you receive the decision ORDER the facts and order of the court.
of the court - if records on appeal is required o All the pleadings
special proceedings OR it involves multiple o All resolutions
appeal o All motions
*Special Proceedings where a person seeks to establish o All their dates
a status or a right. o Copy of all the answers
EX1: Settlement of Estate where the heirs will have to o All must be CERTIFIED BY THE COURT
establish their right as a legitimate child. TANAN!
EX2: Adoption
IF Notice of Appeal - the 15 DAYS NOT EXTENDIBLE
*Multiple Appeal where a portion of the case can be kay dali ra gali kaau, mao na!
appealed and the remaining potion is still to be tried. IF Records on Appeal 30 DAYS EXTENDIBLE you can
ask for another 30 days hassle man, takes time, do I
48 hours Habeas Corpus Cases it needs to be have to explain? J - IMPORTANT
resolved immediately because it involves liberty
of a person. What will happen if there is filing of Motion for
Reconsideration or New Trial?
Period is interrupted by motion for recon or It will INTERRUPT the running of the prescriptive
new trial explanation later nag ambak2 si sir, period
dritso2 If it will be denied you will only have the
balance of the 15 days
C. How to appeal (MODES OF APPEAL) o But later this is changed by the Supreme
Notice on appeal only if the case decided by Court in the Case of Napes will be
the MTC is an ordinary civil action (collection of discussed in Rule 41.
sum of money, breach of contract, ownership of
land, recovery of personal possession) D. How appeal is perfected: (Rule 41, sec 9)
Record on appeal in special proceedings and Deemed perfected from the moment the
multiple appeal appellant files his notice of appeal but perfected
o Actually this also require notice on only as to him.
appeal file the notice, then transmit o THUS, IT IS NOT YET PERFECTED TO THE
the records. OTHER PARTY WHY?
Because that other party, the
*Why is there a difference of the periods? Because in: winner of the case, can also
In Notice to Appeal (15 days), it is very easy for appeal the decision he is not
lawyers to do that 5-10mins lang. From the yet contented of the decision

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EX: Kaso ta, daug ka. But then you appealed because you A: YES. For as long as you pay the docket fee within the 15
feel that the court is also wrong in its decision. You are days
not contented of the damages given.
MANDATORY: But the court may make exception on
Q: So when will the appeal deemed perfected to the justifiable cause
other party who did not appeal? Q: What happens if you did not pay the docket fee?
A: It is deemed perfected when the time to appeal of the A: It is not a ground of dismissal. Your appeal will not be
other party EXPIRES. denied simply because you did not pay BECAUSE IT IS
SIMPLIFY: Ang imo Kuntra ni appeal na NOT ONE OF THE JURISDICTIONAL REQUIREMENTS OF
perfected ONLY as to him ra na. THE PERFECTION OF THE APPEAL OF THE MTC DECISION.
o On your part: You received the decision. This will be different in the RTC Decisions to the
You won the case. You dont want to CA because one of its grounds of the denial of
appeal (daug na gd ka!). However, you the appeal is the non-payment of docket fee.
still have that 15-day period to appeal
WHEN THAT 15 DAYS EXPIRE APPEAL SIMPLIFY: - IMPORTANT
IS DEEMED PERFECTED AS TO YOU. MTC to RTC non-payment of docket fee
APPEAL WILL NOT BE DENIED
*So the appeal is deemed perfected AS TO BOTH RTC to CA non-payment of docket fee
PARTIES when the APPELLANT FILED an appeal AND APPEAL SHALL BE DENIED.
when the period to appeal of the APPELLEE EXPIRES -
IMPORTANT F. Duty of Clerk of Court of MTC:
When the clerk of MTC receives the record, he
Effect of the Perfection of the Appeal the court loses shall forward the records of the case to RTC
jurisdiction. Jurisdiction transfers to the Appellate Court. within 15 days.
BUT, even if the MTC loses its jurisdiction, the o If clerk of RTC 30 days to forward to
court of origin still retains RECIDUAL CA
JURISDICTION Q: If the clerk of MTC fails to transmit the record within
*Residual Jurisdiction the court of origin can still 15 days to RTC, does the Judge of the MTC still have
entertain motions for the preservation of the protection residual power over the case?
of the rights of either party. This includes: A: YES. The provision in the rules of court is clear that the
Motion for immediate execution court of origin shall retain residual jurisdiction until the
Grant compromise records are transmitted.
Grant Withdrawal (if you know what I mean
haha) *As long as records are not transmitted, the court of
An all other motions not litigated on appeal origin can exercise residual jurisdiction.

When will the Residual Jurisdiction Expires? Until the G. Duty of Clerk of Court of RTC:
records of that case are transmitted to the RTC. Once appeal is perfected, clerk of RTC will sent
notices to the appellant and the appellee that
E. Payment of appellate court docket fee and other the records are now in the RTC
lawful fees: Parties will now be required to submit their
IN THE OLD RULES: appeal from MTC to RTC, you Memorandum on Appeal.
pay to the RTC
o Before you have to wait for the RTC to H. When to file Appellants Memorandum
send you notice so that you will pay. - Within 15 days upon the notice of the RTC
abtan kag months or even years in Here, the appellant will mention what are the
waiting errors committed by the MTC, which needs
NOW: pay in the MTC pay it in the court of correction.
origin PAY WITHIN THE SAME PERIOD OF THE It shall be supported with articles and
APPEAL jurisprudence
Before he will file it to the RTC HE MUST
Q: Can you file notice of appeal even without paying the FURNISH COPY TO THE APPELLEE
docket fee AT THE SAME TIME?

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o The court will not entertain your *Now what if the RTC has no jurisdiction? WHEN THE
memorandum if there is no proof of JURISDICTION BELONGS TO A QUASI-JUDICIAL BODY
service to the other party there is no trial of the merits of the case.
o So IKAW MISMO ang muhatag sa EX: Agrarian Land Dispute filed in MTC. MTC dismissed
appellee NOT THE COURT. the case because of lack of jurisdiction. Appealed to the
RTC. RTC said that the MTC is correct in dismissing
I. When to file Appellees Memorandum because the jurisdiction belongs to DARAB.
Within 15 days, upon receiving the RTC will have to dismiss the appeal. WHY?
memorandum of the appellant. It cannot remand the case to the MTC because
MTC does not have jurisdiction
Q: Is the memorandum MANDATORY? And SAMUT NA NGA it cannot also assume
A: Mandatory only as to the APPELLANT. Not on appellee. jurisdiction because RTC also does not have
So if Appellant did not file DISMISS - jurisdiction it belongs to the DARAB.
mandatory SO NO OTHER CHOICE BUT TO DISMISS THE
When he furnished copy to the appellee and CASE. - IMPORTANT
latter did not file COURT CAN STILL DECIDE THE
CASE WITHOUT APPELLEES MEMORANDUM. L. Applicability of Rule 41
not mandatory.
o But its better if you will file. It is your Rule 41
job to defend the decision of the MTC, APPEAL FROM RTC TO CA
that it is correct in its decision. Decisions of the RTC in the exercise of its original
jurisdiction are appealable to the court of appeals.

J. When is the case deemed submitted for decision? Original Jurisdiction case filed ORIGINALLY in the RTC.
When the appellee files his memorandum
OR when the appellee DID NOT file his Rule 41 vs Rule 42
memorandum Rule 41 Appeal from RTC decision done in its
original jurisdiction
Q: How will RTC decide the appeal from decision of the o Rule 42 appeal from RTC decision
MTC dismissing a case on the ground of lack of done in its appellate jurisdiction.
jurisdiction where there is no presentation of evidence?
K. Appeal from order of the MTC dismissing the case A. What kind of decision of the RTC appealable to CA
without trial for lack of jurisdiction: Refers only to ALL judgment or final orders that
Here the RTC will determine whether MTC is completely disposes the case.
correct or not correct in dismissing the case. *FINAL JUDGMENT judgment of the court that
o If the RTC finds that MTC is CORRECT in completely disposes the case. Nothing left to be done by
dismissing the case (that MTC dont the court.
have jurisdiction) RTC will ASSUME - if there is still something to be done by the
JURISDICTION. court, it is just an interlocutory order NOT APPEALABLE
EX: You file collection of money of 1M in the MTC (certiorari only under Rule 65.) - IMPORTANT
obviously the correct jurisdiction is with RTC. MTC will
dismiss the case because it does not have jurisdiction.
If the RTC find that MTC really does not have B. Kind of Final Judgment
jurisdiction, they will say that the MTC is correct in One that disposes a case here, there is no
dismissing the case. Thus, they will assume the more merit to be discussed by the court this is
jurisdiction and decide the case. the kind that is FINAL - APPEALABLE
One that is subject to execution when the
o If the RTC finds that MTC is WRONG in court decides, 15-day period lapses the
dismissing the case (that it does have decision shall be executed by the sheriff this is
jurisdiction it should not have the kind that is FINAL AND EXECUTORY YOU
dismissed it) RTC will remand the CANNOT APPEAL
nd
records of the case. *some authors said that it is the 2 kind but for me - it
is the first kind that we are talking about here. simply
put nga EXECUTORY na gd, lapse na ang 15 days to
appeal so execute na dayun, di na ka.appeal.

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Orders of the Court which are NOT APPEALABLE: 8. Order dismissing an action WITHOUT

1. Order denying Motion for New Trial or PREJUDICE
Reconsideration *2 Kinds of Dismissal of the Case:
o REMEDY: Appeal from the Judgment -Dismissal WITHOUT Prejudice the plaintiff can re-file
itself IN THE MAIN CASE. Not the the case
order denying the motion. - Here, you dont have to appeal. Your remedy is
IMPORTANT to RE-FILE THE CASE - IMPORTANT
2. Order denying Petition from Relief from -Dismissal WITH Prejudice thats the end, you cannot
Judgment this is the remedy from a decision re-file the case so if you are the plaintiff, thats the end
which is Final and Executory (file 60 days from of the world for you.
knowledge of the judgment, but not later than - Here, your only remedy is to go up go for an
6months). appeal
3. Interlocutory Order
4. Order disallowing an appeal *What are these dismissal with prejudice Lets go back
o REMEDY: Mandamus compel the to Rule 16 MOTION TO DISMISS under motion to
court to accept the appeal. dismiss, there are 10 grounds. some of these grounds
5. Order denying to set aside judgment by are WITH prejudice
consent or upon compromise Res Judicata
o This judgment is immediately executory Abandonment of the case
NOT APPEALABLE. Statute of Fraud
o WHY? Because it is the product of the - so if the court dismiss your case by reason of these 3,
mutual agreement of the parties your dismissal is WITH PREJUDICE
(SABOT2 MO NYA DI NMU TUMANON, - NOW WHAT WILL HAPPEN IF THE CASE WILL
WORD OF HONOR ASH-WHOLE!) DISMISS THESE CASES BUT WITHOUT
*But if you find out that the other party applied PREJUDICE? The court is wrong, YOUR
fraud that made you sign the compromise REMEDY IS CERTIORARI - IMPORTANT
agreement, what is your REMEDY? FILE
SEPARATE ACTION TO SET ASIDE THE C. Modes of Appeal appeals here is the same with the
JUDGMENT IMPORTANT Appeal from MTC to RTC
6. Order of Execution execution na gd, unsa Ordinary Appeal under Rule 41
pay e.appeal nmu? Period of appeal has already o As discussed in Rule 40, it only take 5-
expired. 10mins to accomplish this
o REMEDY: Petition for Relief from o By Record of Appeal also discussed
Judgment already in rule 40
7. Partial Judgment remaining case is still Petition for Review under Rule 42 appeal from
pending unless the court provide otherwise the Decision of the RTC in the Exercise of its
2 Kinds of Partial Judgment: Appellate Jurisdiction
- EX1: Several Judgment more than 2 parties to a case. 1 o So the case actually started in MTC and
Plaintiff, 2 defendants. Suppose the court will decide the appeal to the RTC when the latter
case so far as the defendant 1 is concern because he is decides the case and you are not
finish in presenting evident. Then defendant 2 dayon. contented you can appeal to the CA
- EX2: Separate Judgment 1 plaintiff, 1 defendant. But by Petition for Review not by ordinary
there are many claims by the plaintiff. Now 1 claim can appeal
readily be decided by the court because all the evidences Appeal by Certiorari under Rule 45 appeal
are already in, then the court can decide on that 1 claim directly to the Supreme Court; you dont have to
alone. go to CA
*In these cases GR: THE JUDGMENT IS NOT YET o This is only allowed if you will appeal on
APPEALABLE pure questions of law
EXCEPT: When the court says otherwise court allows o If there is question of facts/ mixture of
you to file an appeal on that separate judgment or facts and law, you will have to pass CA
several judgment. IMPORTANT so ask the court first
before you appeal.

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*In Criminal Procedure, there is a mode of appeal which o So the rule is clear that you will have 15
can be taken directly be the SC AUTOMATIC REVIEW days again.
Applies only when the decision of criminal case o So the SC said, if we have that rule in
involves Death Penalty Rule 42 and Rule 43, WHY DONT WE
This is AUTOMATIC, so even if the accused does ALLOW THAT TO RULE 41? The rules on
not want to appeal bahalag ganahan pa sya appeal (MTC to RTC and RTC to CA)
m.sit in the electric chair SC shall take his case. must be applied in UNIFORMITY
IMPORTANT
*Back to Civil Procedures, the case shall be elevated So the court disobeyed the
directly to the SC when the case involves PURE rules they specifically made.
QUESTION OF LAW. (WHY? Because THIS IS
The decision appeal here is done in the RTCs SUPREME COURT!)
Original Jurisdiction
So what happens if the case is decided in the RTCs PRINCIPLE:
Appellate Jurisdiction? GR: WHEN YOUR MOTION TO RECON OR NEW TRIAL IS
MTC decided the case. You appealed to the RTC. DENIED, YOU WILL HAVE ANOTHER FRESH PERIOD OF 15
You want to appeal the decision of the RTC on pure DAYS TO FILE AN APPEAL
questions of law. WE APPLY HERE RULE 42. In conformity of Rule 42 and Rule 43.
You cannot go directly to the SC, you must go to
the CA. We will discuss this later in Rule 42. F. When and Where to pay appellate court a docket pay
and other lawful fees: - the same as Rule 41
D. Period of Appeal Pay the docket fee in the RTC
Ordinary appeal 15 days Failed to Pay: DISMISSAL
Records on Appeal - 30 days o REMEMBER: In rule 40, non-payment is
Habeas Corpus 48 hours not a ground. But in here, NON-
PAYMENT IS DISMISSAL.
E. Interruption of period to appeal by motion for new
trial or motion for reconsideration. G. Notice of Appeal Contents remember the Material
The filing of motion for new trial or motion for Data Rule
reconsideration interrupts the running of the
period. H. Record on Appeal:
Summary of the entire proceedings where you
No motion for extension of time to file motion for new reproduce all the pleadings, motions, order of
trial or reconsideration. (See: Neypes vs CA Sept. 14, the court in connection of the case.
2005) *Why are you required to file records on appeal in
The appellant should be given a fresh period to Special Proceedings and Multiple Appeal? Because in
appeal. these cases, the records will still remain with the RTC
this only means that the case is not yet over in the lower
*If you read Rule 40 and Rule 41, the rule used the word court.
INTERRUPTS so meaning if your motion to recon or new EX1: Expropriation Cases. You property is expropriated.
trial is denied, it will continue to run. This has been the Here there are 2 stages first is to determine if the
interpretation of many Remedial Lawyers. property can be expropriated and second is
But later on in the case of Napes, the SC held determination of just compensation.
that, NO, IT NOT ONLY INTERRUPTS, YOU Now when the lower court determines that the
SHOULD BE GIVEN ANOTHER 15 DAYS. property can be expropriated you disagree and you
The court in this case even discussed Rule 42 and appealed CAN YOU DO THAT? YES! but the case is not
nd
Rul3 43 that once you file motion for recon or yet over. There is still that 2 part so probably RTC will
new trial - it not only stops and interrupts IT not transmit the record to CA because wa pa gd
ALSO GIVES YOU FRESH PERIOD. nahuman.
WHY? Because if you read Rule 42 and Rule 43
st nd
you have 15 days to file an appeal from the EX2: Partition 1 is the determination of the owner. 2
judgment or NOTICE OF AN ORDER DENYING is the actual partition. So after the decision of the court of
YOU MOTION FOR RECONSIDERATION. who are the owners, you want to appeal. But he case is
not yet over.

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*And because those records are kept by the RTC THAT Within 15 days from notice of decision OR
IS WHY YOU MUST MAKE YOUR OWN RECORD TO BE denial of motion for reconsideration or new
PASSED TO THE CA. trial;
These records must be certified by the RTC. o Basis of the fresh 15 days (you know
o So it is SUBJECT TO THE APPROVAL OF the reason for this already in NEPES
THE COURT. CASE)
When you submit it to the CA, it must be o File it DIRECTLY TO THE CA
certified again by the CA The CA may grant extension of time to file
o Because your records might not be petition for 15 days ONLY after complying with
complete the prior conditions of payment of docket fees
The other party can comment/ and cost of P500.
object that there are important o Can it be EXTENDED? YES.
records omitted so the CA You must first comply with
can order you to AMEND THE condition precedent
RECORDS. PAYMENT OF DOCKET FEES -
*If it is by Records of Appeal IT IS THE APPROVAL OF IMPORTANT
THE APPEAL BY THE CA THAT PERFECTS THE APPEAL. Not There should only be 1 extension allowed
the filing of the records. No further extension except for most
compelling reason.
I. Approval of the Records on Appeal: o What are the compelling reasons? ITS
If no objection, within 5 days UP TO THE CA
Order amendment to be complied within 10 days
C. Forms and Contents of Petition for Review:
J. Joint records on appeal: Petition shall be in 7 legible copies;
The court may extend the period to file records o Out of that 7 copies you must specify
on appeal. which is the ORIGINAL
o Why 7? I do not know basin ila ning
March 8, 2014 baligya
We will discuss Rule 42 and rule 43 in one setting so that State the full names of the parties without
you will easily determine the difference of 2 modes of impleading the lower court judge as respondent;
appeal. o Why not to implead the judge? Because
So this time, bahalag mag balik2 ang slides ug you can only implead the judge when it
discussions. Ill try to go with the flow. is a Petition for Certiorari his grave
abuse of discretion NOT IN PETITION
Rule 42 FOR REVIEW
PETITION FOR REVIEW FROM RTC TO CA Indicate specific material dates
This refers to the petition for review to the CA o Material Data Rule if you appeal, you
from the decision of RTC in the exercise of its IN ITS must specify the material dates of when
APPELLATE JURISDICTION. you appeal, when the decision was
made, when records are transferred.
RECALL: basta tanan dates, butang tanan!
If in Original Jurisdiction Rule 41 Set forth concisely a statement of the of the
matters involved, issues raised, specification of
A. How appeal taken: errors of facts or law OR both;
By verified petition; Reasons or arguments relied upon for the
Paying at the same time the docket fees and allowance of the appeal;
other lawful fees with the CA; Accompanied by clearly legible duplicate
Deposit P500 for cost; original or true copy of the judgment or final
Furnish the RTC and adverse party a copy of the orders appealed;
petition. o To be a duplicate original copy it must
contain the Stamp of the Court
B. When to file: Submit a certification of non-forum shopping.

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o Non-forum Shopping certification that It does not mean that if your petition is given due
no other case pending in other case course, the case is already favorable to you.
similar to the present case. It just tells you to continue with the case not
necessarily you will win the case.
NB. Appeal here may be on question of fact, question of
law, or both facts and law. I. Elevation of records:
Whenever the Court of Appeals deems it
D. Effects of failure to comply with requirements: necessary it will order elevation of records within 15 days
DISMISSAL from notice.

E. Action on the petition:
Require the respondent to comment within 10 J. When appeal is deemed perfected:
days, OR From the moment a petition for review is file
Dismiss the case outright. Upon payment of docket fees
o If unmeritorious Upon lapse of period

F. Ground for outright dismissal: K. Effect of perfection:
Petition is patently without merit; Trial court loses jurisdiction
Prosecuted manifestly for delay o EXCEPT: Residual Jurisdiction The RTC
Questions raised therein are to unsubstantial to also they loses jurisdiction, they can still
warrant consideration entertain motions that matter to the
case - only until the CA GIVES DUE
G. Comments to the petitions COURSE even if the records are still in
*Respondent must wait for the court to require you to the RTC RULE 42
file There a difference to rule 41
*File the comment within 10 days here in RULE 41, RTC
*The comment MUST NOT BE A MOTION TO DISMISS exercises Residual Jurisdiction
just comment only until the records are
Must be in 7 copies forwarded to CA. -
Statement whether he accepts the statement of IMPORTANT
matters involve; Appeal stays judgment or final order
o Normally, the party who appealed may o EXCEPT: Rule on Summary Procedure
omit those facts not favorable to him the case is immediately executory
So it is the job of the other Cases involving claim less than
party-respondent to assert 10k
what are the important facts Ejectment Cases
that must be included. EXCEPTION TO THE
If tan.aw nya ok ra, then he EXCEPTION: When
may accept the statement. there is a TRO issued
Point out insufficiencies or inaccuracies in the by the CA -
statement of matters involved IMPORTANT
Statement of reasons why petition should not
be given due course. J. Submission for Decision:
o Here, if you are the respondent - you The Court may set case for oral argument or ask
must defend the decision of the lower parties to submit memorandum.
court simply because the decision is Normally the court will give time (own discretion)
RIGHT. DAOG NA GD KA! for parties to file their memorandum
When parties submit their respective memo,
H. Due Course: court will decide, OR
If the Court of Appeals find prima facie that the Even if parties will not submit and the given time
lower court has committed an error of fact or law that expire, court will decide with / without the
will warrant a reversal or modification of its decision, then memo.
it will give due course to the petition.
Rule 43

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APPEAL FROM CTA AND QUASI JUDICIAL AGENCIES TO NB: Decisions of the Court of Tax Appeals are now
THE COURT OF APPEALS appealable directly to the SC pursuant to RA 9282
Administrative Bodies are giving quasi-judicial amending RA 1125.
power because they are specialized in their own fields. Why? Because CTA is equal in rank as CA.
Because of these specializations, any issue involving that o It decide cases from BIR, Bureau of
specialty should be resolved first by the administrative Customs (if you are taxed excessively)
body.
B. Cases not Covered:
Doctrine of Primary Jurisdiction if there are non-judicial NLRC and DOLE decisions are not covered, but
disputes, under the specialized field of certain this has already been abandoned in the case of
administrative body, it must be resolved first in that St. Martin Funeral Homes.
administrative body before going to the courts of law. o SC SAID THAT NLRC AND DOLE
DECISIONS MUST BE APPEALED TO THE
Mode of Appeal: PETITION FOR REVIEW under Rule 43 CA
This is the kind of appeal from a decision of a BUT NOT UNDER RULE 43
quasi-judicial body. FILE UNDER RULE 65
PETITION FOR CERTIORARI -
SCOPE: This Rule applies to appeal from decision of the IMPORTANT
following quasi-judicial bodies, in the exercise of its Appeals from Ombudsman decision is
quasi-judicial power (IF IT IS NOT A MATTER OF ITS appealable to the Court of Appeals, not to SC.
FUNCTION, YOU DONT GO TO THE CA): (Fabian vs Desierto). wa nananghid ang
Civil Service Commission Congress in making this law. It puts additional
Central Board of Assessment Appeals burnden to SC.
Securities and Exchange Commission RTC decision acting as a corporate court is
Office of the President appealable to the CA under Rule 43 and not
Land Registration Authority under Rule 41. (RA 8799 & AM)
Social Security Commission o Here the RTC is treated like a quasi-
Civil Aeronautics Board Judicial Body in deciding Intra-corporate
Bureau of Patents, Trademarks and Technology Dispute.
Transfer
National Electrification Administration C. Where to Appeal: CA even on pure questions of law
Energy Regulatory Board The only way that you will go directly to the SC is
National Telecommunications Commission when you appeal the decision of the RTC in the
Department of Agrarian Reform exercise of its original jurisdiction.

Government Service Insurance System
D. Period to Appeal:
Employees Compensation Commission
15 days from receipt of judgment or order
Philippine Atomic Energy Commission
denying motion for reconsideration or new trial
Board of Investment
Only one motion for reconsideration is allowed
Construction Industry Arbitration Commission
Motion for extension of time to file petition can
Voluntary Arbitrators
be granted only for 15 days

o Only after payment of required fees.
EX: Case involving disciplinary action against an employee

of the DAR. The Secretary decided his suspension.
*Here you will see that pariha ra jd kaau sla sa Rule 42
Would you appeal that decision to the CA? NO
E. How appeal taken
*Why? Because the suspension of the employee in CTA is
Verified petition in 7 copies
not decided in the official function of DAR.
Proof of service to adverse party and the court
*REMEDY: Go to the Civil Service Commission.
or agency a quo

PRINCIPLE: For Rule 43 to apply, the decision you want Payment of docket fee, etc.
to appeal must be a decision of the administrative
agency in the exercise of its function. F. Contents of petition:
Full name of parties
Concise statement of the facts, etc

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Copy of the original judgment How will you appeal?

Certification of non forum shopping In ordinary civil actions (collection of sum of
money, breach of contract, etc.) if you want to
G. Effect of Failure to comply with Requirement appeal the decision of the RTC to CA NOTICE
Dismissal OF APPEAL
In Special Proceedings Case or if Involve
H. Action on petition: Multiple Appeal APPEAL BY RECORDS OF
DISMISSAL APPEAL

I. Content of Comments: (7 copies) A. Title of cases:
Point out inaccuracies in petition When you appeal, you do not change the title of
State reason why petition be denied the case. You will just ADD Appellant and Appellee.
Must be filed within 10 days
Original Title of the Case:
J. Due Course Republic of the Philippines
Finding of fact of the court or agency concerned, RTC
when supported by substantial evidence, shall be Branch No.
binding on the CA Cebu City

K. Submittal of records: Juan De la Cruz Civil Case No.
When CA orders the record to be submitted, you Plaintiff
submit. Case: Damages
VS
L. Effect of Appeal: - here the DIFFERENCE of Rule 42 and Pedro Reyes
Rule 43 Defendant
It will NOT STAY the award, judgment or final X - - - - - - - - - - - - - - - - - - - - - - - - - - - - /
order sought to be reviewed unless the Court of
Appeals provides otherwise. When you appeal, it changes INTO:
o EXCEPT: There is a TRO or Injunction
issued by CA Republic of the Philippines
Court of Appeals
*So if you want to appeal under rule 43 ALWAYS ASK Branch No.
FOR A TRO. Cebu City

M. Submission for decision: Juan De la Cruz CA CV (Central
Visayas). No.
After the oral argument if required by the court
Plaintiff - Appellee Case:
And after the submission of memorandum - if
Damages
required
VS
*After those 2, the case is deemed submitted for
Pedro Reyes
decision.
Defendant Appellant

X - - - - - - - - - - - - - - - - - - - - - - - - - - - - /
March 11, 2014

PROCEDURE IN THE COURT OF APPEALS
*If you want to change your Lawyer you must Send
Rule 44
Notice
ORDINARY APPEALED CASES
We are referring here those decisions decided by If no notice, the CA will deem that you have the
the RTC in its original jurisdiction. So you must have to same lawyer.
CONNECT THIS WITH RULE 41. The court will send notices to these lawyers.

2 Kinds of appeal from the decision of the RTC in the *When is the appeal deemed perfected? Lets go back to
exercise of its original jurisdiction: rule 41
Appeal by Mere Notice of Appeal As to Appellant the moment they file Notice of
Appeal by Notice of Appeal + Records on Appeal Appeal
As to Appellee the moment the period to
appeal expires and no appeal is made by him.

JKB Rm 405 9

Civil Procedures SY 2013 -2014
EXTENSION
Effect: Lower court loses jurisdiction BUT retains IMPORTANT
RESIDUAL JURISDICTION. The extension is not
Until when? When the records of the case are only for another 45
forwarded. days, but even for 90
o The Clerk of Court must send the record. days total of 135
It must be made within 30 days. days.

*What happens if the Clerk of Court fails to transmit the Records of Appeal required only in Special
record? Does the RTC lose Residual Jurisdiction? NO. It is Proceedings or Multiple appeal
clear that records must be forwarded before it loses its o File first notice of appeal
jurisdiction. o Submit Records of Appeal 30 days
This only means that the 30 days is NOT from the time you receive the decision
MANDATORY. of the case you are appealing.
The rules recognizes the fact that there could be o When you file motion for
lawful delays (typhoon, earthquakes, fortuitous reconsideration or new trial later on
events, etc.) denied 30 day will start to run again
from RECEIPT OF THE ORDER OF THE
*So if the records are not yet forwarded, what is your RTC DENYING THE MOTION FOR
remedy? RECON/ NEW TRIAL
C. Order of transmittal of record: o Here, you must present summary of the
That if the records will not be forwarded, you can facts in chronological order. Discussed
ask the RTC (court of origin) to complete the record and already
to forward the records of the case to the CA.
Imo apurahon ang clerk, HOI NILAPAS NA ANG 30
DAYS! E.FORWARD NANA! IMPORTANT NOW, after you have filed the summary,
you must have it APPROVED by the RTC first.
What happens next when the records are forwarded? *BUT WHEN WILL IT BE FORWARDED TO CA? IS
D. Docketing of cases: - court will assign docket number. IT AUTOMATIC? NO! you must wait for the CA
Upon receipt of the original records. Clerk of to require you to file the records of appeal.
Court of CA must notify the parties. Approved records on How will the CA know you will appeal? Remember,
appeal to be filed within 10days. before you forward the record, you must file notice of
Notice must be send to the parties especially to appeal first in the RTC. The RTC will forward that notice to
the appellant that the records is now in the CA. This is the reason why you must wait until the CA
appellate court. will order you to file the APPROVED records.
It is important to send notice to the appellant You have to do this within 10 days.
because he will have to submit an Appellants
Brief WITHIN 45 DAYS. NB: NORMALLY, the RTC forwards the notice of appeal
to the CA AFTER it has approves the records of appeal
REMEMBER:
Notice of Appeal is just easy. E. Completion of records and dispensing with complete
o Not Extendible. records of the case: - the clerk of court of the CA will
o Your arguments, contentions why the examine
lower court committed error You If he founds that the record is incomplete, he will
reserve that when the court REQUIRES notify the clerk in RTC
YOU TO FILE YOUR APPELLANTS BRIEF o Usually, ang perme mahabilin ARE THE
Filed within 45 days from the TRANSCRIPT! NAAY UBAN
time the court informed you STENOGRAPHERS NGA LIGOY KAAU
that the records are already DUGAY KAAU MAHUMAN! -
with them. IMPORTANT
In here, you can file
motion for *HOWEVER, there are instances in which the records
cannot be completed:

10 JKB Rm
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Civil Procedures SY 2013-2014

EX: The Stenographer died unsaon man na Within 20 days to file.

nmu? Imo pukawon? Stenographic notes here is
hand written, the stenographer only knows how *In Special Civil Actions, briefs are not required.
to translate his own writing. So sya ra jd ang This is in the cases of Certionrari, Prohibition,
maka sabot ana. Mandamus, Quo Warranto, Habeas Corpus (Rule
*So if the records cannot be had, the court will ask the 65)
parties if they may agree on the records. They will just
stipulate what will be omitted or included. - IMPORTANT *What will you file instead of Brief?
*So when the records are COMPLETE, this is the time the I. Memorandum instead of Brief for certiorari,
CA will require the appellant to submit his brief. prohibition & mandamus to be filed in 30 DAYS.
Thats why lawyers usually do things in brief. This does not need briefs.
(brief ra ha. So if youre a woman do it in brief You need to wait for the CA to order you to file
or no brief at all aw huehuehue) the Memorandum

F. Appellants brief, when to file: J. Contents of Appellants Brief: - this is like making a
Filed within 45 days. thesis, mura ra kag nag himu ug libro.
2 copies must be sent to other partys lawyer Subject Index
1 to your client o Table of Contents
your copy o Site all the laws, jurisprudence,
7 to the court resolutions, memorandum of the court,
*So about 11-12 copies must be maid. Out of all those 7 etc.
copies filed in Court YOU MUST INDICATE THE o Everything you used in your paper,
ORIGINAL COPY. include that here.
WHY? Because the CA might dismiss your appeal. Assignment of Errors
Remember that when you file the appeal, you must attach o the things you think is wrong in the
the Duplicate Original True Copy of the Decision of the lower courts decision
RTC or if not, the CERTIFIED TRUE COPY. Statement of the Case
In case there is already a decision, the original o Usually 1 paragraph, just state briefly
copy will be retained by the court. The duplicate original what is the case all about.
will be sent to the parties. Statement of the Facts
o This is where you tell a story, detailed.
*If you loss the original, then you can ask the court to With dates and all.
certify another copy. Statement of the Issues
o What are the issues to be resolved in
*If there is no original true copy, that is a fatal mistake this case?
APPEAL SHALL BE DENIED. Arguments
Q: When your appeal is denied because you failed to put o Present the arguments per assigned
an original true copy, IS IT AN AUTOMATIC DISMISSAL errors
st
OF THE CASE? NOT NECESSARILY. So 1 assigned error is this, my
st
When your appeal is denied, you can still re-file 1 argument is this
nd nd
it. As long as the period to appeal is not yet expired. 2 error is this, my 2
When it expires, dismissal. argument is this, and so on.
Relief
G. Appellees brief, when to file: o The things you want.
Upon receipt of the Appellants Brief, appellee NB. Copy of the judgment appealed from must made
also has 45 days to file part of the appendix.
This is just optional - in the appendix, its just like making the subject index.
*This means that when appellants brief is mandatory, it Must be detailed.
is ground for dismissal if he will not file. If the appellee
does not file his brief, it will not affect the appeal. K. Contents of Appellees Brief:
Subject Index
H. Appellants reply brief: Counter-Statement of Facts
The answer to the Appellees brief o If there are important facts you want to
This is just optional add, then add it.

JKB Rm 405 11

Civil Procedures SY 2013 -2014
o If the appellee agrees statement of the *Questions of Law what law to be applied and
appellant, then he will just put one appreciation of law the interpretation of law.
sentence there, Appellee hereby adopt IMPORTANT
the statement of facts in the appellants Whether it is a question of fact or law is to be
brief. determined by the appellate court
Arguments
o To answer ever arguments of the *The factual findings of the CA is final already
appellants assigned errors
o Remember, the job of the appellant is to GENERAL RULE: Only question of law may be raised to
destroy the decision of the lower court. the Supreme Court
o Your job as the appellee defend the EXCEPTIONS:
decision of the lower court. LABANAN When conclusion is a finding grounded freely
MO AND DECISION NG RTC! entirely on speculations, surmises or conjectures
*Thats why Appellee who has not appealed, cannot o Because it has no sufficient evidence.
make assignment of errors in his brief. - IMPORTANT When inference made is manifestly mistaken,
absurd or impossible;
The Appellee is not always the winning party When there is grave abuse of discretion in the
EX: The damages awarded is not enough. Di ka ganahan appreciation of facts;
sa gihatag, so you can appeal. So when you appeal, now When the judgment is based on
you have the right to make an assignment of error. misapprehension of facts;
When the findings of fact of the Court of Appeals
PRINCIPLE: Only a party who files an appeal can make an are conflicting with RTC;
assignment of error. - IMPORTANT When the Court of Appeals went beyond the
issues of the case and the same is contrary to the
L. What are the questions that may be raised on appeal: admissions of both parties;
Any question of law or fact that HAS BEEN When the CA manifestly overlooked certain
RAISED in the court below. relevant facts not disputed by the parties, which
if considered would justify a different
*There are only 3 INSTANCES where the CA entertains conclusion
question that are NOT RAISED in the lower court: - When findings of fact of CA are contrary to the
THESE ARE QUESTIONS YOU RAISED FOR THE FIRST TIME trial courts findings.
IN THE CA *SC here is actually defying its own rules. WHY HAVE THE
Questions on Jurisdiction EXCEPTIONS? BECAUSE WE ARE THE SUPREME COURT!
Issues on error that are clerical or typographical THATS WHY! Sukol ka?
Issues which are not mentioned in the
assignment of errors Certiorari in Rule 45 VS Certiorari in Rule 65
o These issues must be important and Rule 45 Rule 65
CLOSELY RELATED TO THE ASSIGNED 1. Question of Law 1. Grave abuse of discretion
ERROR. 2. Mode of Appeal. 2. Original action and is
Review Judgment on the directed on interlocutory
Rule 45 Merit; order
APPEAL BY CERTIORARI TO THE SUPREME COURT 3. Must be made within 3. Must be filed not later than
This is the only mode of appeal to the SC ordinarily. reglementary period to 60 days from notice of
Appeal (15 days) judgment
A. Scope: 4. Does not stay judgment
Decision of CA, CTA, Sandiganbayan, & RTC on 4. Appeal stays judgment, unless TRO is issued by the
pure questions of law in the exercise of its award or order appealed appellate court
original jurisdiction from; So ask for a TRO to
Only questions of law may be raised stay - IMPORTANT
Distinguish question of law from question of fact 5. Petitioner and 5. Aggrieved party against
*Questions of Fact requires the calibration of the lower respondent are the the lower court or quasi-
court which is presented by both parties with evidence in original parties. Lower judicial agency and the
order to determine which one is telling the truth. court judge not to be prevailing party

12 JKB Rm
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Civil Procedures SY 2013-2014

impleaded Because you accused G. Review is discretionary Reasons for the Court to
the court, so you grant the petition
include the court When the court a quo has decided a question of
6. Filing of a motion for substance, not theretofore determined by the
reconsideration is Supreme Court, or has decided it in a way not in
6. Prior filing of a motion
CONDITION PRECEDENT accord with law
for reconsideration not
To give the judge When the court a quo has so far departed from
required
opportunity to the accepted and usual course of judicial
correct himself proceedings as to call for an exercise of the
7. Appellate court is in the 7. Higher court exercises its power of supervision.
exercise of its appellate original jurisdiction and
jurisdiction and power of power of control and H. Pleadings and other documents or papers that the
review supervision over lower court. Supreme Court may require SACTION:
DISMISSAL
Rule 45 about an appeal Usually, pleadings and documents are NOT
Rule 65 special civil action required but when there are things that needs
to be clarified, SC may require it
B. Time to file petition: o If the SC requires it, YOU MUST MAKE
Within 15 days from receipt of the judgment THOSE SHIT!
appealed from or from denial of motion for
recon or new trial I. Due Course and elevation of records: - skipped
Motion for extension may be granted only for 30
days J. Rule 45 is applicable to both civil and criminal cases.
Except in criminal cases where the penalty imposed is
C. Payment of docket fee and cost death, reclusion perpetua and life imprisonment
With the Supreme Court and with proof of
service to the other party and the court whose March 15, 2014
decision you appealed. Rule 46
ORIGINAL CASES IN THE COURT OF APPEALS
D. Contents of the Petition This applies to cases filed originally in the CA.
Full name of the parties This is not an appealed case this is filed directly to the
Indicate material dates CA.
Set forth concisely a statement of the matters
involved, and the arguments in support of the A. Title of the Case:
petition Parties are called Petitioners and Respondent
Accompanied by original or CTC of the judgment
Certification of non-forum shopping B. Original actions:
Under Rule 65:
*Rule 45 is a MATTER OF DISCRETION Certiorari
E. Grounds for Dismissal: Prohibition
Failure to comply with the requirement regarding Mandamus
payment of docket and other lawful fees, and Quo Warranto
deposit for cost *Habeas Corpus governed by the rules on special civil
Failure to show proof of service actions already, not here
Failure to observe contents of petition and the Under Rule 47
documents that must accompany it Annulment of the judgment of the RTC
o Certification of non-forum shopping
C. Contents of the Petition:
F. Additional Grounds Full names of the parties
Appeal is without merit Statement of the matters involved
Prosecuted manifestly for delay Discuss the grounds relied upon
Question is too unsubstantial How many copies?
o CA 7 copies
o SC 18 copies

JKB Rm 405 13

Civil Procedures SY 2013 -2014
Accompanied by copy of the decision of the court A justice may receive evidence or he may
you want to appeal delegate that job to the RTC judge
o It must be an original copy or certified o The RTC judge will receive in his behalf
true copy and will just notify the CA that evidence
*Failure to comply: Ground for DISMISSAL is submitted.

*When is jurisdiction of the Petitioner deemed *The CA may require for the other party to comment.
acquired? G. Effect of failure to file comment:
From the moment the petition is filed Court may decide on the basis of the records
*How about the Respondent? Without prejudice to the imposition of
disciplinary action on the disobeying party
D. How jurisdiction over the person of respondent o Because here, there is no trial in default.
acquired:
From the moment respondent receives the Rule 47
initial action of the court ANNULMENT OF JUDGMENT OF THE RTC
o WHY? Unlike in cases that are filed in You will file this in the CA. This is not an
the RTC or MTC, when you file appealed case, BUT AN ORIGINAL ACTION.
complaint the court will issue summons - Of all the Remedies, this rule is also called the Last
with copy of the complaint. The Recourse of the losing party in a civil action.
moment the defendant receives the
summons, the court acquires We have already learned so many remedies:
jurisdiction. If you want to appeal from judgment of the RTC
IN HERE, THERE IS NO in its original jurisdiction Appeal to the CA
SUMMONS. WHEN YOU FILE under Rule 41
CASE UNDER RULE 46, YOU If the case originated at MTC appealed to the
MUST FIRST GIVE COPY OF THE RTC Appeal to the CA under Rule 42
PETITION TO THE OTHER Within that 15 days to make your appeal you
PARTY NOT THE COURT. - still have a remedy Motion for Reconsideration
IMPORTANT or New Trial
If you will not furnish copy to o Ground of FAME
the respondent, the petition If you were not able to file the Motion for
shall be dismissed. Reconsideration and
*So if you are the RESPONDENT DONT FILE YOUR New trial and the case has became final
ANSWER RIGHT AWAY. Motion for Relief from Judgment under Rule 38
You must wait for the action of the court. o Ground of FAME within 60 days from
receipt of the decision but not more
E. Action by the Court that 6 month from the entry of
Dismiss the case outright judgment
Require respondent to comment within 10 days *If you were not able to avail of these remedies, now
from receipt of notice. you will file ANNULMENT OF JUDGMENT.

F. Determination of factual issues: A. Coverage
Usually CA does not call for a hearing. The Court of Appeals may annul the judgment of
The calling of hearing is just discretionary in the the RTC if the remedies of new trial, appeal, petition for
CA. relief from judgment or other remedies are no longer
o What is the purpose of hearing? For available through no fault of the petitioner.
determination of fact
o So the court will just conduct a hearing B. Grounds:
if there are factual issues that need to Extrinsic Fraud
be determined. Lack of Jurisdiction
*How will CA conduct a hearing?
Either the CA justices will hear the case for Extrinsic VS Intrinsic
themselves.

14 JKB Rm
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Civil Procedures SY 2013-2014

EXTRINSIC a fraud employed by one party in SC HELD: When you look at her petition, there are
order to prevent the other from appealing. actually 2 grounds alleged. Extrinsic fraud and Lack of
o He used this fraud to deny the other Jurisdiction that the court did not acquired jurisdiction
partys day in court. of the person of the defendant because she received no
INTRINSIC a fraud employed by one party summons. SO THEY NEED NOT ALLEGE THAT they did
during the trial of the case. not avail of the remedy due to no fault of her own. -
o Using false documents, manufactured IMPORTANT
evidence, etc.
o But these are used during the trial
that could have been discovered by the
other partys lawyer if only he is SIMPLIFY:
diligent enough. If Extrinsic Fraud ONLY you must allege that
*only EXTRINSIC FRAUD can be used as a ground you failed to appeal through no fault of your
own
NB. If the ground is extrinsic fraud, the petitioner must If it is with Lack of Jurisdiction you need not
allege that he failed to avail of new trial, appeal, or allege
petition for relief through no fault of his own. However, if *So if you will include the 2 grounds Ancheta Case tells
the ground of lack of jurisdiction is also included, then you that you need not allege. IMPORTANT
there is no need to allege said condition precedent.
(Ancheta vs Ancheta) C. When to file action:
Extrinsic Fraud 4 years from discovery
The Ancheta Case Lack of Jurisdiction until barred by laches
This is a case of declaration of nullity of marriage o LACHES when? It depends upon the
on the ground of Psychological Incapacity. Tiguwang na court
kaau ni sla. The wife nakusemisyon kay babaero kaau ang Usually, the court can use this if
husband dirty old man. the other party is PREJUDICED
But tiguwang na man jd sla, the wife said that by your inaction.
they will just separate their properties. They decided that EX: the lot has already been
she would own the ancestral house and a beach resort. sold to other party then you
Gikapuy na guro sya, she decided to stay na jd sa BEACH filed the petition you will
RESORT. prejudice his right already.
Now the husband found another woman and *Even if you have this principle of prescription 10 years
decided to marry her. He filed the nullity of marriage if good faith, 30 year if bad faith. Even if you still have
gisabot nya ang iyang anak and the sheriff. TO SEND that prescriptive period, if other partys right is already
THE SUMMONS TO THE ANCESTRAL HOUSE SO WALA involved, THE COURT MAY USE LACHES. IMPORTANT
KADAWAT SI WIFE. But according to the record of the you are actually sleeping on your right Natug kas
court, nadawat na daw. In result, she did not participated pansitan!
in the hearing.
The judge utro pd bogo kaau decided in D. Contents:
default. Remember that it is not allowed because in Verified petition in 7 copies
annulment or nullity of marriage, you cannot declare a Affidavit of witnesses or documents
party in default. Ingon pd ni si Sr. Huwis GRANTED! o This affidavit is not required in Rule 46 -
difference
*NOW the wife knew of the decision she Certification of non-forum shopping
went to a lawyer they filed ANNULMENT OF
JUDGMENT. The petition contained 2 grounds BUT IN E. Action by the court:
EXTRINSIC FRAUD - THEY DID NOT ALLEGE that they Dismiss outrightly
failed to avail of the remedy through no fault of her
Give due course and summons is served on the
own. defendant
Because of this, the lawyer of the husband said o DIFFERENCE IN RULE 46 rule 46 did
that the petition must be dismissed because it not require summons.
failed to comply with the requirement. Ground Remember that it is the party
for Dismissal daw. who will give them copy of the
petition, not the court.

JKB Rm 405 15

Civil Procedures SY 2013 -2014
o Here you need not furnish a copy to the *WHY? Because prescriptive period to file your case was
other party. File directly to the court suspended the moment you filed the case in the RTC. -
and it is now the job of the court to IMPORTANT
give copy to the adverse party.
*So here, the court acquires jurisdiction over the *Now what if the ground relied upon by the Respondent
respondent upon receipt of the summons. - IMPORTANT is Extrinsic Fraud AND YOU THE PLAINTIFF IS
RESPONSIBLE FOR THAT EXTRINSIC FRAUD? The
F. Procedure: - the same as ordinary civil action before prescriptive period did not suspend.
the RTC *Can you re-file the case? YES provided that the
You file prescriptive period has not yet expired. - IMPORTANT
Summons will be sent now you can relax.
Court will required you within 15 days to
comment Just like in Ancheta Case:
It is the plaintiff that caused the extrinsic fraud
When the CA grants the Annulment of Judgment, what is *Can he still re-file the case?
the effect? Judgment of the RTC will be set-aside or no o It would depend if the prescriptive
judgment at all. period did not expire
G. Effect: It depends on the ground o The prescriptive period is not suspended
Lack of Jurisdiction Judgment is set-aside in that case because he was responsible
without prejudice to re-filing. for the fraud
Extrinsic Fraud Trial de novo, as if timely
motion for new trial is filed I. Relief:
Judgment may include award of damages,
LIBOG NI NGA PART, BASAHA SA TANAN! attorneys fees and other relief
Sir: H. Suspension of prescriptive period to re-file the Order of Restitution
case suspension starts from the time original action o Only if the decision is executed
was filed in the RTC. not from the moment you filed in o If a property is executed, you can still
the CA sa RTC jd! get it back ebalik ang nakuha
EXCEPTION: If the extrinsic fraud is attributable
to the plaintiff in the original action NO J. Annulment of judgment of MTC
SUSPENSION, PRESCRIPTIVE PERIOD STILL RUNS Also applicable in MTC
Q: Can plaintiff re-file the case? YES - as long as You will just file the Annulment of Judgment with
prescriptive period has not yet expired. - IMPORTANT the RTC
But with the same process.
Q: Unsa nga prescription? Unsa nga filing? Unsa ni nga
kaso? Rule 48
SIMPLIFY: - own interpretation ra nako ni ha PRELIMINARY CONFERENCE
FACTS: The court may require conference. This is like
Lets say you filed a case with prescriptive period pre-trial in RTC.
of 4 years (Example ra ang 4 years JUST
IMAGINE A CASE WITH 4 YEARS Preliminary Conference VS Pre-trial
PRESCRIPTION) Preliminary conference may be conducted by
nd
You filed in RTC on the 2 year (4 - 2 = 2 years CA DISCRETIONARY
left) o on cases originally filed with it or on
RTC decided the case in your favor Respondent appealed cases.
rd
filed in the CA Annulment of Judgment on the 3 o Usually they will conduct if it is an
year original action
CA granted the Annulment of Judgment Pre-trial this is MANDATORY.

*Can the You the Petitioner - re-file? YES A. Purpose:
*How many more years left? 2 years Consider possibility of settlement
Define & simplify issue
Stipulation of Facts

16 JKB Rm
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Civil Procedures SY 2013-2014

Such other matter for prompt disposition of You can file for extension for
case another 30 days
But you must pay docket and
B. Record of Conference: other lawful fees first.
Everything must be recorded Failure to pay docket and other lawful fees;
o Ordinary Appeal - Pay to the RTC
o Petition for Review Pay to the CA
C. Binding effect of the result of conference: Unauthorized alterations, omissions or additions
Binding to both parties in the approved record on appeal;
*Whatever is agreed upon shall be binding to both o Here, it refers to a special proceeding or
parties. multiple appeal
*How will you do this? Lets go back
Rule 49 -file your record on appeal first in the RTC subject to the
ORAL ARGUMENT approval of RTC
This is not mandatory in CA. Only Discretional. - once RTC approves the record wait for the CA to order
*This rarely happens CA will only resort to Oral you to forward the Approved Record within 10 days.
Argument if there are factual issues, decrees and legal *That record must have no alteration WAY
issues involved, and they want to hear the sides of the PINAPASAN! - IMPORTANT
lawyers.
Failure of appellant to serve and file the required
A. When allowed: number of copies of his brief;
Upon motion of a party o How many copies?
Upon courts own volition CA 7 copies
2 copies to the
B. Conduct of oral argument Respondents
Only 1 lawyer can present his argument If 2 parties
o Even if a party is represented of battery represented by 2
of lawyers 1 ra jd. lawyers only 1 per
The order of the argument will be determined by lawyer.
the CA.
Absence of specific assignment of errors in the
C. No hearing or oral argument for motions appellants brief;
There is no need to put a date or set it to hearing o You must point out the specific error
Unlike in the RTC that if no date it will be Failure to provide page reference of the record.
treated as Pro Forma Motion o To make it easier for the reviewing
HERE, YOU NEED NOT PUT A DATE judge to review the case.
o *this is not really mandatory
March 18, 2014 discretionary on the CA he may or may
Rule 50 not dismiss it
DISMISSAL OF APPEAL Failure of the appellant to take the necessary
Here, we are still talking about appealed cases in Court of steps for the correction or completion of the
Appeals. record within time;
Failure of appellant to appear at the preliminary
A. Ground for dismissal conference or to comply with the orders of the
Failure of the record on appeal to show on its court;
face that it was taken on time; o Once the court requires you for
o That is why you must comply with the preliminary conference you must
material data rule. comply
Failure to file notice of appeal or the record on The fact that the order is not appealable
appeal on time; *What are the orders NOT APPEALABLE?
o Notice of appeal 15 days - Order denying motion for Reconsideration or New Trial
Not Extendible - Interlocutory Order
o Record on Appeal 30 days - Order denying to set-aside compromise agreement
- Order denying writ of execution

JKB Rm 405 17

Civil Procedures SY 2013 -2014
o or after the lapse of time given to
*What will happen if your appeal to the CA is a wrong submit the memo
mode of appeal? IT WILL BE DISMISSED.
B. Dismissal of improper appeal: B. Who will decide:
Appeal from RTC to CA on pure question of law CA is a colligate court decide a case en bank or
o Rule 41 if RTC decide in its original in division
jurisdiction GO TO THE SC DIRECTLY o EN BANK all will participate in the
Appeal by notice of appeal instead of petition for decision
review under rule 42 from RTC to CA This does not apply in cases
o Rule 42 it must be by Records They usually have an en banc
decision only in deciding
*Can you still withdraw an appeal? YES internal matters Rules and
C. Withdrawal of appeal Procedure in the CA
Matter of Right before appellees brief is filed o IN DIVISION only the division will
o As long as there is still no answer, you decide
can withdraw anytime How many justices are there in
Discretionary after filing of brief CA? 69 (thats a very lucky
o So you have to file a motion to number)
withdraw your appeal How many divisions? 23
divisions
Rule 51 3 members each
JUDGMENT
C. Quorum and voting:
A. Submitted for judgment *How shall it be decided when it is given to a division? It
In ordinary appeal must be decided UNANIMOUSLY.
When is the case deemed submitted for decision?
In an appealed cases, the appellant is required to *What if one justice will have difference decision?
file appellants brief within 45 days. The appellee may They will create another a special division of 5.
also file his appellees brief within 45 days. They will get 2 justices in another division to join their
The appellant may still file REPLY BRIEF UPON division for VERIFICATION.
THE FILING OF THAT REPLY, THAT IS SUPPOSED TO BE THE THIS TIME THEY WILL DECIDE IT BY MAJORITY. -
TIME THAT THE CASE IS DEEMED SUBMITTED FOR IMPORTANT
DECISION.
D. Disposition of a case: -
*If the CA requires the filing of some memorandum, Here, the CA may reverse, revise or amend the
then the case is deemed submitted UPON THE FILING OF decision of the lower court or remand the case .
THOSE MEMORANDUM.
OR the lapse of the time to file that E. Form and contents of decision - comply with the
memorandum. Constitutional mandate
EX: If the court requires you to file memorandum within State the facts clearly and conclusions of law
30 days, WHEN THAT 30 DAYS EXPIRE, THAT IS THE TIME Explain how they arrived with that conclusion
THE CASE IS DEEMED SUBMITTED. *CA cannot just decide it in 1 sentence/ A MINUTE
RESOUTIONS. They must explain everything. Only the SC
In original actions certiorari, mandamus, quo can dismiss a case in just 1 sentence.
warranto, annulment of judgment (WHY? BECAUSE ITS THE SUPREME COURT! THATS
o CA may hear the case to clarify certain WHY!)
factual issues.
The case is deemed submitted F. If several Judgment parties (Partial Judgment)
after that hearing is They may decide in favor of 1/some defendant/
terminated. plaintiff and against 1/some defendant/ plaintiff.
o after the submissions of the
memorandums G. Questions that may be decided:

18 JKB Rm
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Civil Procedures SY 2013-2014

1. ONLY those errors stated in the assignment of o When the ponente finish the decision,
errors other justices will sign and they will give
2. Not mentioned but those closely related to or it to the clerk of that division
dependent on an assigned error o The Clerk will then put on the upper
3. Plain errors and clerical errors right of the paper Date of
o Plain error to pass upon issue which Promulgation
are not mentioned in the assignment of Notice clerk will record that decision in the
errors but which are VERY APPARENT book of judgment
that a clear error is committed. (Santos o He will send copies of the decision to
Case) the parties.
*Santos Case o Parties will have 15 days to appeal
Lot owner leased his land to a tenant. Latter did that decision in a Petition for Certiorari
not pay rentals for 28 years. Landlord decided to file to the SC
ejectment case. He filed it in the MTC, tenant appealed in
the RTC. RTC affirmed the decision of MTC. RTC said that *If no appeal is filed within 15 days, the judgment
he does not have right to stay, however the landlord becomes final
must reimburse the tenant for the improvements J. Execution of Judgment in the CA
introduced. In appealed cases it shall executed by the court
If you remember in Property, a tenant who a quo
builds a house in a land of another is not a builder in good o File the motion for execution to the RTC
faith. It is the option of the landowner to pay of the o You need not wait for the transfer for
value of the improvement OR to remove that record from CA to RTC
improvement. THE OPTION IS GIVEN TO THE o Just get a certified true copy of the
LANDOWNER. decision and submit it to the RTC then
Now when the tenant went to the CA, the go to Rule 39
ejectment is granted and removed the reimbursement In original action the CA will issue the writ with
because of the rule in Property. the entry of judgment
The tenant then appealed to the SC (WTF bagag o CA can assign sheriff to implement the
nawng! NEVER SAY DIE!). That the CA committed error in decision
deciding to remove the reimbursement. According to In execution pending appeal APPEALED CASE
him, it was not assigned as an error, it was never NI HA
mentioned. o DISCRETIONARY APPEAL file this in
SC HELD: The error is PLAIN ERROR. Even if the issue of the RTC.
reimbursement was not mentioned in the assignment of
error, IT WAS CLEARLY APPARENT AND PLAIN. THE CA IS *In what case will the execution be filed in the CA?
CORRECT. If the RTC is delaying the issuance of motion for
execution.
4. Error affecting jurisdiction over the subject CA will NOT issue the Writ for Execution
matter or the validity of judgment CA will just issue and order directing the RTC to
issue the Writ of Execution. - IMPORTANT
H. Harmless errors of Lower Court:
Will not be disturbed by the appellate court. Rule 52
MOTION FOR RECONSIDERATION
I. Promulgation and Notice of Judgment A. When to File
Promulgation refers to the date when the clerk 15 days
of court of the division received the decision of
the justices of that division B. No second motion for reconsideration
o When a case is decided by the decision ONLY 1 is allowed
it will be given to 1 justice (iya2 na sla o But in SC NO LIMIT YOU CAN FILE AS
para sa mga decision kay daghan man MANY AS YOU WANT
kaau)
o Ponente the one who will write the C. Resolution of motion:
decision. Resolve it within 90 days

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Civil Procedures SY 2013 -2014
EFFECT of motion for reconsideration: Certiorari, Prohibition, Mandamus, Quo
D. Stay of execution Warranto & Habeas Corpus;
Pendency of motion for recon shall stay the Disciplinary proceedings against Judges and
execution of the judgment lawyers;
o unless the court, for good reasons shall Cases affecting ambassadors, other public
otherwise direct. ministers and consuls

Rule 53 B. Rules applicable:
NEW TRIAL Original actions for certiorari, prohibition,
You can also file motion for New Trial IN THE CA. mandamus shall be governed by Rule 65
Rule 46, 48, 49, 50, 51 & 52 on the Court of
A. When to file: Appeals shall also apply in the Supreme Court
At anytime AFTER the appeal from the lower o 46 Original actions filed before the CA
court has been perfected and before the Court of o 48 Preliminary Conference
Appeals loses jurisdiction over the case o 49 Oral Argument
o 50 Appeal
B. Grounds o 51 Judgment
Newly discovered evidence ONLY o 52 Motion for Reconsideration
New Trial is not applicable here
C. Hearing and orders 18 copies of the petition shall be filed in the
There must be a hearing Supreme Court
Proceedings for disciplinary action against
D. Resolution of motion Judges and Lawyers shall be governed by the
MUST decide the case within 90 days Code of Judicial Conduct & Rule 139-B
o Against a Judge file to the SC
E. Procedure in new trial o Against a Lawyer file to the SC
Same as in the RTC OR to the IBP it will just
recommend to the SC
Rule 54 SC always has the final say
INTERNAL BUSINESS
A. How cases are distributed: APPEALED CASES
By raffle to the different divisions C. Modes of Appeal
Decide en banc or in division Only by Petition for Review on Certiorari under
Rule 45
B. Quorum of the Court EXCEPTION: Criminal cases where the penalty
Majority if en banc imposed is Death, Reclusion Perpetual and Life
Unanimous if in division Imprisonment
*99% they usually decide in division. o Death Automatic Appeal
o Reclusion Perpetual Ordinary Appeal
Rule 55 notice of appeal only
PUBLICATION OF JUDGMENTS
A. Where be published: D. Procedure
Official Gazette Same as the Court of Appeals with some
Court of Appeals Report exceptions
Philippine Reports
*SCRA is not an official publication it is a private E. Grounds for dismissal of appeal:
publication Failure to take appeal within the reglementary
*Philippine Reports Annotated the official publication period
Lack of merit in the petition
PROCEDURES IN THE SUPREME COURT Failure to pay docket fees etc
Rule 56 Failure to comply with requirements on proof of
ORGINAL CASES service, contents and documents to accompany
A. Original cases cognizable: the petition;

20 JKB Rm
405
Civil Procedures SY 2013-2014

o Proof of Service personal service is

most preferred
If not made you must make
an explanation why
Failure to comply with circular, directives or
order of the court without justifiable reason;
o TRUE COPY
Error in the choice or modes of appeal
The fact that the cases is not appealable to the
Supreme Court

F. Disposition of improper appeal
Appeal by notice of appeal from RTC to SC shall
be dismissed
o EXCEPT in criminal cases
Appeal by certiorari to the SC from decision of
the RTC raising issues of fact MAY be referred by
the SC to the Court of Appeals for decisions or
appropriate action

G. Procedure if opinion is equally divided
EX: When the SC decides the case EN BANC, it does not
mean that all must attend. They only decide by majority
of those who are present. IMPORTANT
- lets say 14 only appear, and the vote is 7-7, what will
they do?
Redeliberation to decide the case for the
second time.
If still no decision is reached then the following
rules will apply:
o Original Action filed is deemed
dismissed
o Appealed cases the appealed decision
is deemed affirmed
Decision of CA is affirmed.
o All incidental matter the petition or
motion is deemed denied.



I am the m aster of m y fate: I am the
captain of m y soul.

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