Civpro Finals Notes

8/8/2019 Civpro Finals Notes

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CIVPRO FINALS NOTES

- Rules 40 56 deal with the different modes of appeal- When you appeal, it means that you are questioning the decision of the lower

court and you would like the higher court to re iew the decision of the lower

court !ecause you are not happy or satisfied or contented with that decision andyour remedy under the law is to ha e it re iewed !y the higher court"- #n appeal, it presupposes that it is a request for a re iew of the decision of the

lower court !y the higher court"- $ifferent modes of appeal%

o &rdinary appealRefers to appeal from the '() to the R() go erned !y Rule 40Refers to appeal from the R() in its original *urisdiction to the )+

go erned !y Rule 4o etition for re iew under Rule 4. re iew of the decision of the R() in

the e/ercise of its appellate *urisdiction !y the )+o etition for re iew under Rule 4 re iew of the decision of the quasi-

*udicial !odies !y the )+o etition for )ertiorari under Rule 45 only mode of appeal from the )+

to the 1), which can only !e done on pure questions of law2 onlyquestions of law can !e ele ated to the 1)2 the 1) is not a trier of facts !uta trier of law2 they only entertain questions of law

- 3ierarchy of courts%o 1)o )+o R()o '()

- )an you appeal decisions of the R() to the 1) es in e/ceptional cases"

RULE 40APPEAL FROM MUNICIPAL TRIAL COURTSTO THE REGIONAL TRIAL COURTS Section 1. Where to !!e ".

+n appeal from a *udgment or final order of a 'unicipal (rial )ourt may !e taken tothe Regional (rial )ourt e/ercising *urisdiction o er the area to which the former

pertains" (he title of the case shall remain as it was in the court of origin, !ut the partyappealing the case shall !e further referred to as the appellant and the ad erse party as theappellee"

Sec. #. When to !!e ". +n appeal may !e taken within fifteen 57 days after notice to the appellant of the

*udgment or final order appealed from" Where a record on appeal is required, theappellant shall file a notice of appeal and a record on appeal within thirty 07 days after


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notice of the *udgment or final order"

(he period of appeal shall !e interrupted !y a timely motion for new trial orreconsideration" 8o motion for e/tension of time to file a motion for new trial orreconsideration shall !e allowed"

Sec. $. Ho% to !!e ".

(he appeal is taken !y filing a notice of appeal with the court that rendered the *udgment or final order appealed from" (he notice of appeal shall indicate the parties tothe appeal, the *udgment or final order or part thereof appealed from, and state thematerial dates showing the timeliness of the appeal"

+ record on appeal shall !e required only in special proceedings and in other cases ofmultiple or separate appeals"

(he form and contents of the record on appeal shall !e as pro ided in section 6, Rule4 "

)opies of the notice of appeal, and the record on appeal where required, shall !eser ed on the ad erse party"

Sec. 4. Per&ection o& !!e "' e&&ect thereo&.

(he perfection of the appeal and the effect thereof shall !e go erned !y the pro isionsof section 9, Rule 4 "

Sec. (. A!!e"" te co)rt *oc+et n* other " %&)" &ee,.

Within the period for taking an appeal, the appellant shall pay to the clerk of the courtwhich rendered the *udgment or final order appealed from the full amount of the appellatecourt docket and other lawful fees" roof of payment thereof shall !e transmitted to theappellate court together with the original record or the record on appeal, as the case may

!e"

Sec. -. )t/ o& the c"er+ o& co)rt.

Within fifteen 57 days from the perfection of the appeal, the clerk of court or the !ranch clerk of court of the lower court shall transmit the original record or the record onappeal, together with the transcripts and e/hi!its, which he shall certify as complete, tothe proper Regional (rial )ourt" + copy of his letter of transmittal of the records to theappellate court shall !e furnished the parties"

Sec. . Proce*)re in the Re ion " Tri " Co)rt.


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a7 upon receipt of the complete record or the record on appeal, the clerk of court ofthe Regional (rial )ourt shall notify the parties of such fact"

!7 Within fifteen 57 days from such notice, it shall !e the duty of the appellant tosu!mit a memorandum which shall !riefly discuss the errors imputed to the lower court, a

copy of which shall !e furnished !y him to the ad erse party" Within fifteen 57 daysfrom receipt of the appellant:s memorandum, the appellee may file his memorandum";ailure of the appellant to file a memorandum shall !e a ground for dismissal of theappeal"

c7


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the defendant recei es the decision of this 3onora!le )ourtdated ;e!" 4, .0 0" + copy of which was recei ed !y theundersigned on ;e!" .5, .0 0 and not satisfied !y suchdecision, we are appealing this case to the R()"

(he most important thing to state in the notice of appeal is the

material date the date when you recei ed the decision that isad erse to you !ecause non-mention of such date, the notice ofappeal will !e considered a mere scrap of paper" #t will not !eentertained !y the court" (he significance of the material date isthat it is the start for the 5-day period to appeal" 1uch date will !ethe !asis for the court to determine whether you filed the appeal ontime")an you ask the court to e/tend the 5-day period to appeal !ymere notice of appeal 8o"

o =y notice of appeal plus records on appeal +ppeal !y records on appeal7Refers to special proceedings and cases in ol ing multiple appeals

1pecial proceedings are ci il cases that are go erned !y 1pecialRules Rules ?4- 097, such as settlement of the estate of thedeceased person, pro!ate of the will, guardianship, e/ecutor andadministrator of the estate of the deceased person, adoption,change of name, correction of entries in the !irth certificate,constitution of a family home, ha!eas corpus)ases in ol ing multiple appeals, e/ample of which is a casewhich could !e di ided into se eral matters or issues and whereyou are allowed !y law to appeal this particular issue and the courthas rendered partial *udgment regarding such issue and then such

*udgment !y the court will !e appealed" #n the meantime, the other

issues are still to !e resol ed !y the court" 1e eral appeals that can !e made out of the same or one case"3ow is it done ;ile a notice of appeal and also records on appeal"#n records on appeal, you ha e to compile the records of the case,arrange all the pleadings and orders of the court chronologically

!ased on the date" (hat is why you need time and therefore, the period here is longer 0 days to appeal")an you ask the court to e/tend the 0-day period to appeal !yrecords on appeal es, if you think that 0 days is not enough foryou to complete the records of the case to !e filed in court"

- When is appeal deemed perfectedo (he perfection of the appeal is go erned !y Rule 4 , 1ec" 9% +n appeal is

deemed perfected from the time you filed the notice of appeal as to theappellant !ut not yet perfected as to the appellee" (he reason for this isthat !oth parties ha e a right to appeal the decision"

o )orrect answer% #t depends on the party you are asking" ;or the party whofiled the notice of appeal, the appeal is deemed perfected from the momentyou filed the notice of appeal !ut that is perfected only as to you, not

perfected as to the other party"


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#llustration% #f in a case, the winning party filed a notice of appeal"(he appeal is deemed perfected, therefore, as to the winning party

!ut not to the losing party" #t is deemed perfected only as to !oth parties if the 5-day period to appeal has lapsed and the losing party did not appeal" (his is the only time where the court loses

*urisdiction o er the case when the appeal is deemed perfected asto !oth parties"- &ne of the condition in an appeal is that when you file an appeal, you ha e to pay

the docket@appeal feeso When and where do you pay the docket fees $ocket fees must !e paid in

the court of origin within the 5-day period to appeal"o What happens when you file a notice of appeal and you did not pay the

docket fees (he notice of appeal can ne er !e perfected without payingthe docket fees" (hus, if you ha en:t paid the docket fees after the 5-day

period to appeal has already e/pired, the notice of appeal that you filedwill !e considered as a mere scrap of paper" 8on-payment of the docket

fee is a ground for the dismissal of an appeal" ayment of the docket feesmust !e in full"- Affect of a dismissal of case without trial on the merits

o #llustration% 1uppose a case was filed in the '() and the '() dismissedthe case without e en a trial on the ground of lack of *urisdiction o er thecase" (he losing party does not agree with the '(), thus, the losingappeal the case to the R()" What will the R() do (he R() will re iewand determine whether the '() is correct or not" #f the R() finds that the'() is wrong in dismissing the case !ecause the '() really has

*urisdiction to try the case, then the R() will *ust remand the case to the'() with an order to conduct a hearing !ecause it has *urisdiction to try

the case" 3owe er, if the R() finds that the '() is correct in dismissingthe case that it has no *urisdiction since the case actually falls under the *urisdiction of the R(), then the R() will assume *urisdiction instead ofdismissing the case" (he reason for this is in order to sa e time andmoney"

A/ample% (here is a case of collection of sum of money in ol ingthe amount of .50,000" (he case was filed in the '() and the'() dismissed the case on the ground that it has no *urisdiction totry such case" (he case was appealed to the R()" (he R(), afterre iewing the case and finds that the '() is wrong in its decision,R() will remand the case to the '() and order '() to take

cogniBance of the case"1uppose the case that was filed in the '() in ol es the amount of

00,000" (he R(), then, after re iewing the case and finds that the'() was correct in its decision since *urisdiction o er the caselies with the R(), then the R() will now assume *urisdiction andtry the case"

- When the appeal is already perfected, what will the '() do #t is the duty of theclerk of court of the '() to immediately complete the records of the case and


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then forward it to the R() within 5 days unless there are alid reasons that the5-day period is not enough, in which case, the clerk of court must communicate

with the R() and tell such court why he cannot complete the records of the casewithin the 5-day period" A/ample% 1tenographer died that:s why thestenographic notes could not !e transcri!ed anymore7

- What will the R() do upon receipt of the records of the case (he clerk of courtof the R() will immediately notify !oth parties that the records of the case is nowwith the R() and that the appellant will now !e required to file his memorandumon appeal"

- Within 5 days of such notice !y the clerk of court, the appellant will ha e to filehis memorandum on appeal and a copy of which must !e ser ed on the appellee"(he appellee also is gi en 5 days from the moment he recei ed the appellant:smemorandum within which to file his memorandum"

- What is this appellant:s memorandum #t is a written argument su!mitted !y theappellant to con ince the R() that the lower court committed a mistake thatwarrants a re ersal of the decision of the lower court"

- What is the effect if the appellants failed to file his memorandum (he appeal will !e dismissed"- &nce the appellant:s memorandum, a copy of which furnished to the appellee,

within 5 days, the appellee will also file his memorandum in answer to theappellant:s memorandum"

- What happens if the appellee did not file his memorandum 8o effect" ;ailure tofile appellee:s memorandum would not mean that the appellee will lose the case

!ecause with or without his memorandum, the case will still !e su!mitted fordecision or resolution after the lapse of the period to file appellee:s memorandum"

- (he appellee:s memorandum is a written argument telling the R() that the '()is ery correct in deciding the case" ou side with the '()"

RULE 41APPEAL FROM THE REGIONAL TRIAL COURTS Section 1. S)6 ect o& !!e ".

+n appeal may !e taken from a *udgment or final order that completely disposes ofthe case, or of a particular matter therein when declared !y these Rules to !e appeala!le"

8o appeal may !e taken from%

a7 +n order denying a motion for new trial or reconsideration2

!7 +n order denying a petition for relief or any similar motion seeking relief from *udgment2

c7 +n interlocutory order2

d7 +n order disallowing or dismissing an appeal2


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e7 +n order denying a motion to set aside a *udgment !y consent, confession orcompromise on the ground of fraud, mistake or duress, or any other ground itiatingconsent2

f7 +n order of e/ecution2

g7 + *udgment or final order for or against one or more of se eral parties or inseparate claims, counterclaims, cross-claims and third-party complaints, while the maincase is pending, unless the court allows an appeal therefrom2 and

h7 +n order dismissing an action without pre*udice"

#n all the a!o e instances where the *udgment or final order is not appeala!le, theaggrie ed party may file an appropriate special ci il action under Rule 65"

Sec. #. Mo*e, o& !!e ". a7 &rdinary appeal"- (he appeal to the )ourt of +ppeals in cases decided !y the

Regional (rial )ourt in the e/ercise of its original *urisdiction shall !e taken !y filing anotice of appeal with the court which rendered the *udgment or final order appealed fromand ser ing a copy thereof upon the ad erse party" 8o record on appeal shall !e requirede/cept in special proceedings and other cases of multiple or separate appeals where thelaw or these Rules so require" #n such cases, the record on appeal shall !e filed and ser edin like manner"

!7 etition for re iew"- (he appeal to the )ourt of +ppeals in cases decided !y theRegional (rial )ourt in the e/ercise of its appellate *urisdiction shall !e !y petition forre iew in accordance with Rule 4."

c7 +ppeal !y certiorari"- #n all cases where only questions of law are raised orin ol ed, the appeal shall !e to the 1upreme )ourt !y petition for re iew on certiorari inaccordance with Rule 45"

Sec. $. Perio* o& or*in r/ !!e ".

(he appeal shall !e taken within fifteen 57 days from notice of the *udgment or finalorder appealed from" Where a record on appeal is required, the appellant shall file anotice of appeal and a record on appeal within thirty 07 days from notice of the

*udgment or final order"

(he period of appeal shall !e interrupted !y a timely motion for new trial orreconsideration" 8o motion for e/tension of time to file a motion for new trial orreconsideration shall !e allowed"

Sec. 4. A!!e"" te co)rt *oc+et n* other " %&)" &ee,.


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Within the period for taking an appeal, the appellant shall pay to the clerk of the court

which rendered the *udgment or final order appealed from, the full amount of theappellate court docket and other lawful fees" roof of payment of said fees shall !etransmitted to the appellate court together with the original record or the record on

appeal"

Sec. (. Notice o& !!e ".

(he notice of appeal shall indicate the parties to the appeal, specify the *udgment orfinal order or part thereof appealed from, specify the court to which the appeal is !eingtaken, and state the material dates showing the timeliness of the appeal"

Sec. -. Recor* on !!e "' &or3 n* content, thereo&.

(he full names of all the parties to the proceedings shall !e stated in the caption of the

record on appeal and it shall include the *udgment or final order from which the appeal istaken and, in chronological order, copies of only such pleadings, petitions, motions andall interlocutory orders as are related to the appealed *udgment or final order for the

proper understanding of the issue in ol ed, together with such data as will show that theappeal was perfected on time" #f an issue of fact is to !e raised on appeal, the record onappeal shall include !y reference all the e idence, testimonial and documentary, takenupon the issue in ol ed" (he reference shall specify the documentary e idence !y thee/hi!it num!ers or letters !y which it was identified when admitted or offered at thehearing, and the testimonial e idence !y the names of the corresponding witnesses" #f thewhole testimonial and documentary e idence in the case is to !e included, a statement tothat effect will !e sufficient without mentioning the names of the witnesses or thenum!ers or letters of e/hi!its" A ery record on appeal e/ceeding twenty .07 pages mustcontain a su!*ect inde/"

Sec. . A!!ro7 " o& recor* on !!e ".


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Where !oth parties are appellants, they may file a *oint record on appeal within thetime fi/ed !y section of this Rule, or that fi/ed !y the court"


+ party:s appeal !y notice of appeal is deemed perfected as to him upon the filing ofthe notice of appeal in due time"

+ party:s appeal !y record on appeal is deemed perfected as to him with respect tothe su!*ect matter thereof upon the appro al of the record on appeal filed in due time"

#n appeals !y notice of appeal, the court loses *urisdiction o er the case upon the perfection of the appeals filed in due time and the e/piration of the time to appeal of theother parties"

#n appeals !y record on appeal, the court loses *urisdiction only o er the su!*ect

matter thereof upon the appro al of the records on appeal filed in due time and thee/piration of the time to appeal of the other parties"

#n either case, prior to the transmittal of the original record or the record on appeal,the court may issue orders for the protection and preser ation of the rights of the partieswhich do not in ol e any matter litigated !y the appeal, appro e compromises, permitappeals of indigent litigants, order e/ecution pending appeal in accordance with section .of Rule 9, and allow withdrawal of the appeal"

Sec. 10. )t/ o& c"er+ o& co)rt o& the "o%er co)rt )!on !er&ection o& !!e ".

Within thirty 07 days after perfection of all the appeals in accordance with the preceding section, it shall !e the duty of the clerk of court of the lower court%

a7 (o erify the correctness of the original record or the record on appeal, as thecase may !e, and to make a certification of its correctness2

!7 (o erify the completeness of the records that will !e transmitted to theappellate court2

c7 #f found to !e incomplete, to take such measures as may !e required tocomplete the records, a ailing of the authority that he or the court may e/ercise for this

purpose2 and

d7 (o transmit the records to the appellate court"

#f the efforts to complete the records fail, he shall indicate in his letter oftransmittal the e/hi!its or transcripts not included in the records !eing transmitted to theappellate court, the reasons for their non-transmittal, and the steps taken or that could !etaken to ha e them a aila!le"


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(he clerk of court shall furnish the parties with copies of his letter of transmittalof the records to the appellate court"

Sec. 11. Tr n,cri!t.


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yet ruled on the merits of the case7 then the order is not appeala!le- )ases from the R() that cannot !e appealed to the )+%

o &rder denying a motion for new trial or reconsideration2o &rder denying a petition for relief or any similar motion seeking relief

from *udgment2o #nterlocutory order2o &rder disallowing or dismissing an appeal2o &rder denying a motion to set aside a *udgment !y consent, confession or

compromise on the ground of fraud, mistake or duress, or any otherground itiating consent2

o &rder of e/ecution2o Cudgment or final order for or against one or more of se eral parties or in

separate claims, counterclaims, cross-claims and third-party complaints,while the main case is pending, unless the court allows an appealtherefrom2

o &rder dismissing an action without pre*udice"- (he remedy of the a!o e-mentioned cases is to file a etition for )ertiorari under

Rule 65, which is a special ci il action" 3owe er, if it is an order denying amotion for new trial or reconsideration, the remedy is to appeal from the *udgmentitself on the merits of the case"

- #n the R(), there are modes of appealing the decision of the R() to the )+ or1)%

o &rdinary appeal refers to appeal of the decision of the R() in itsoriginal *urisdiction

+n appeal !y mere notice of appeal the period is 5 days fromreceipt of *udgment of the R()2 applica!le in ordinary ci il actions+n appeal !y records on appeal the period is 0 days fromreceipt of R():s *udgment2 applica!le in special proceedings orcases in ol ing multiple appeals

o etition for re iew under Rule 4. refers to the etition for re iew of thedecision of the R() in the e/ercise of its appellate *urisdiction

o etition for certiorari under Rule 45 +ppeal !y certiorari so as todistinguish it from etition for certiorari under Rule 657 in Rule 65,certiorari here is a special ci il action, it is not considered an appeal sinceit is an original action" #n Rule 45 is a mode of appeal, it is the only modeof appeal to the 1)" A/ample% )ases that are already decided !y the )+7

- (here are decisions in the R() that are appeala!le directly to the 1), without passing through the )+, only if the issue raised is pure question of law" (here isno question of fact in ol ed" +nd also in criminal cases in ol ing capital

punishment $eath or life imprisonment7, in which case, there will !e anautomatic re iew to the 1)"

- #n ha!eas corpus cases, the period to appeal is much shorter, that is 4D hours or .days, for it in ol es a matter that is urgent and that is the li!erty of a person" #tshould !e acted upon !y the court immediately" (he filing of an appeal in ha!eascorpus cases will automatically stay or held in a!eyance the e/ecution of


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*udgment"- (he appeal from the R() to the )+ also requires payment of docket fees" 1uch

docket fees must !e paid simultaneously with the notice of appeal or at least itshould !e paid within the period to appeal 5-day period7"

o #f you appeal decision of the R() !y mere notice of appeal and you filed

your notice of appeal right after you recei e the decision that is ad erse toyou, you need not pay the docket fee right then and there" ou can pay thedocket fee on the ne/t day or within the 5-day period" (he court will notdismiss the appeal if you ha en:t paid the docket fee yet pro ided that the

5-day period has not yet e/pired- Within the 5-day period to appeal, you are allowed to file a motion for

reconsideration or new trial" What is the effect of filing such motion (he periodto appeal shall !e interrupted !y the timely motion for new trial orreconsideration" 8o motion for e/tension of time for filing motion for new trial orreconsideration shall !e allowed"

o When the motion for new trial or reconsideration is denied, you are gi en

a fresh period of 5 days, not *ust the remaining !alance !ut you shouldha e another 5 days within which to appeal"- 3ow is the appeal done ;ile the notice of appeal and pay the docket fees in the

R()" (hen the R() clerk of court will gather all the records, will complete therecords of the case and ele ate it to the )+" &nce the records are recei ed !y the)+, the )+ will notify !oth parties and then the )+ will now order the appellantto file his appellant:s !rief within 45 days from notice who must furnish a copy ofsuch !rief to the appellee" (he appellee is also gi en 45 days from receipt of thecopy of appellant:s !rief within which he would his appellee:s !rief"

- ;ailure of the appellant to file his !rief is a ground for the dismissal of the appeal"- ;ailure of the appellee to file his !rief is not fatal" #t does not mean he will lose

the case !ecause the filing of the appellee:s !rief is not mandatory" ;iling ofappellant:s !rief is, howe er, mandatory"- #n case of an appeal !y records on appeal requires the filing first of the notice of

appeal and accompanied !y the records on appeal"- Record on appeal is a compilation of all the records of the case where the

appellant will ha e to arrange the records and present it to court" #t shall !earranged in chronological order containing all the pleadings filed and ordersissued !y the court relati e to the case at !ar" ou need a narration of the facts ofthe case supported !y corresponding pleading or orders or *udgment of the court"

ou make a story of the case where the case was filed, how did it start"- 0-day period to file an appeal !y records on appeal can !e e/tended if the 0-day

period is not sufficient"- &nce you file the records on appeal, the records on appeal must !e appro ed !ythe court first" (here is appro al on the records on appeal" 3ere the court wille/amine whether the records on appeal is in order whether it contains all theimportant pleadings and orders of the courts and arranged in a chronologicalorder" #f the court finds that there are pleadings or orders that were omitted whichare necessary to the proper resolution of the case then the court will call theattention of the appellant of such omission and order the appellant to amend the


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records on appeal and that is the time that the court will grant the records onappeal"

- When is an appeal considered perfectedo #n the case of an appeal !y mere notice of appeal the appeal is deemed

perfected as to the appellant from the moment he filed the notice of appeal

in the court plus of course payment of the docket fees" =ut as to theappellee, the appeal is not yet perfected as to him until the lapse of the 5-day period for him to appeal"

o #n the case of an appeal !y records on appeal, the appeal is deemed perfected from the time of the appro al on the records on appeal as to theappellant" =ut as to the appellee, it !ecomes perfected only after the lapseof the 0-day period within which he is allowed to file an appeal !yrecords on appeal"

o &nce the period to file an appeal has e/pired and no appeal was filed !ythe appellee, then the case is deemed perfected as to !oth parties already";rom this moment, the court loses *urisdiction o er the case" Curisdiction

is now transferred to the )+"3owe er, the court of origin R()7 will retain residual *urisdictionon the case for as long as the records of the case has not yet !eenele ated to the )+" #f the records of the case are still with the R(),the R() may issue an order that in ol es the preser ation of therights of the parties" #t may issue an order granting the withdrawalof appeal or an order granting the compromise agreementsu!mitted !y the parties" #t may e en grant e/ecution pendingappeal" #t may grant a request of appeal !y an indigent litigant"(hese are some of the acts that can !e performed !y the R()despite the fact that the appeal has already !een perfected" 3ere,

the R() is allowed !y law to perform these acts as part of itsresidual *urisdiction"- (he R(), !efore the transmittal of the records of the case to the )+, has also the

authority to motu proprio or on motion dismiss the appeal if it finds that theappeal was taken out of time or for non-payment of the docket or other lawfulfees"

- #t is possi!le that when you file your notice of appeal and the R() accepted suchnotice without e/amining first the material date and it was only later on that theR() disco ered that you appeal was filed out of time or you ha e not yet paid thedocket fees upon filing of the notice and the 5-day period has already e/piredthen the R() can dismiss the appeal for as long as the records of the case has not

yet !een forwarded to the )+" #f the records has already !een forwarded, it isalready the )+ who will dismiss the appeal"

RULE 4#PETITION FOR REVIEW FROM THE REGIONAL TRIAL COURTS TO THECOURT OF APPEALS Section 1. Ho% !!e " t +en' ti3e &or &i"in .


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+ party desiring to appeal from a decision of the Regional (rial )ourt rendered in the

e/ercise of its appellate *urisdiction may file a erified petition for re iew with the )ourtof +ppeals, paying at the same time to the clerk of said court the corresponding docketand other lawful fees, depositing the amount of 500"00 for costs, and furnishing the

Regional (rial )ourt and the ad erse party with a copy of the petition" (he petition shall !e filed and ser ed within fifteen 57 days from notice of the decision sought to !ere iewed or of the denial of petitioner:s motion for new trial or reconsideration filed indue time after *udgment"


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(he )ourt of +ppeals may require the respondent to file a comment on the petition,not a motion to dismiss, within ten 07 days from notice, or dismiss the petition if itfinds the same to !e patently without merit, prosecuted manifestly for delay, or that thequestions raised therein are too unsu!stantial to require consideration"

Sec. (. Content, o& co33ent.

(he comment of the respondent shall !e filed in se en ?7 legi!le copies,accompanied !y certified true copies of such material portions of the record referred totherein together with other supporting papers and shall a7 state whether or not he acceptsthe statement of matters in ol ed in the petition2 !7 point out such insufficiencies orinaccuracies as he !elie es e/ist in petitioner:s statement of matters in ol ed !ut withoutrepetition2 and c7 state the reasons why the petition should not !e gi en due course" +copy thereof shall !e ser ed on the petitioner"

Sec. -. )e co)r,e. #f upon the filing of the comment or such other pleadings as the court may allow or

require, or after the e/piration of the period for the filing thereof without such commentor pleading ha ing !een su!mitted, the )ourt of +ppeals finds prima facie that the lowercourt has committed an error of fact or law that will warrant a re ersal or modification ofthe appealed decision, it may accordingly gi e due course to the petition"

Sec. . E"e7 tion o& recor*.

Whene er the )ourt of +ppeals deems it necessary, it may order the clerk of court ofthe Regional (rial )ourt to ele ate the original record of the case including the oral anddocumentary e idence within fifteen 57 days from notice"


a7


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shall stay the *udgment or final order unless the )ourt of +ppeals, the law, or these Rulesshall pro ide otherwise"

Sec. 5. S)63i,,ion &or *eci,ion.

#f the petition is gi en due course, the )ourt of +ppeals may set the case for oralargument or require the parties to su!mit memoranda within a period of fifteen 57 daysfrom notice" (he case shall !e deemed su!mitted for decision upon the filing of the last

pleading or memorandum required !y these Rules or !y the court itself"

- (here are kinds of petition for re iew%o etition for re iew under rule 4.o etition for re iew under rule 4o etition for re iew on certiorari under rule 45

- etition for re iew under rule 4. refers to the decision of the R() in the e/erciseof its appellate *urisdiction" (his means that the case started in the '() and then

it was appealed to the R()"- When the R() decides a case in the e/ercise of its appellate *urisdiction o er the'(), the R() decision can !e appealed to the )+ only through a petition forre iew under rule 4."

- 3ow is appeal done ;ile a erified petition for re iew containing all thearguments why the R() has committed an error and why you wanted the decisionof the R() to !e re ersed or modified !y the )+"

- Where to file petition for re iew ;ile it in the )+ and pay the docket and otherlawful fees and pay a deposit of 500 for the costs"

- When can you file the petition for re iew Within 5 days from receipt of R():sdecision that is ad erse to you"

- #nstead of filing a petition for re iew, can you file a motion for new trial orreconsideration instead es"o #f the motion for new trial or reconsideration is denied, you are gi en a

fresh period of 5 days within which to file a petition for re iew"- (he 5-day period within which to file a petition for re iew under rule 4. can !e

e/tended if you file a motion for e/tension of time to file your petition for re iew"=ut there are . conditions that must !e met !efore the )+ will grant such motionfor e/tension%

o (he motion must !e filed within the original period of 5 dayso (he motion must !e accompanied also payment of the docket fees and

other lawful fees plus deposit for costs of 500"

- (he petition for re iew must !e erified at the end of the petition, it must !esigned !y the petitioner and then it must !e notariBed !y a lawyer7

- 3ow to prepare the petition repare ? legi!le copies of the erified petition andgi e a copy to the court !elow and to the respondent"

- What are the forms and contents for a petition for re iewo 1tate the full names of the parties to the case, without impleading the

lower courts or *udges thereof either as petitioners or respondents impleading the lower courts or *udges is allowed only in petitions for


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certiorari under rule 65 ground% *udge acted with gra e a!use ofdiscretion amounting to lack or e/cess of *urisdiction7

o #ndicate the specific material dates showing that it was filed on time state a !rief statement of the case what is the case all a!out2 materialdates the date of the decision of the R() and the date of receipt of such

decision" ;ailure to state the material date is fatal" #t is a ground for thedismissal of the petition for re iewo 1et forth concisely a statement of the matters in ol ed, the issues raised,

the specification of errors of fact or law, or !oth, allegedly committed !ythe Regional (rial )ourt, and the reasons or arguments relied upon for theallowance of the appeal !y clearly legi!le duplicate originals or truecopies of the *udgments or final orders of !oth lower courts, certifiedcorrect !y the clerk of court of the Regional (rial )ourt, the requisitenum!er of plain copies thereof and of the pleadings and other material

portions of the record as would support the allegations of the petition" #n petition for re iew under rule 4. where the R() e/ercises its appellate

*urisdiction, you may either raise the issue on questions of fact or law ormi/ questions of fact or law or pure questions of law to the )+ e en ifthere is no factual issue in ol ed unlike in rule 4 in which the R()e/ercise its original *urisdiction, wherein pure questions of law must !eraised to the 1)

o =e accompanied !y clearly legi!le duplicate originals or true copies of the *udgments or final orders of !oth lower courts, certified correct !y theclerk of court of the Regional (rial )ourt, the requisite num!er of plaincopies thereof and of the pleadings and other material portions of therecord as would support the allegations of the petition"

o 'ust contain a certification of non-forum shopping

- ;ailure to comply with the following requirements will !e a ground for thedismissal of the petition for re iew%o ayment of the docket fees and other lawful fees and the deposit for costs

of 500o ;urnishing a copy of the petition to the R() and to the respondento etition must contain a certification of non-forum shoppingo etition must specify the errors of fact or law or !oth committed !y the

R()- etition for re iew under rule 4. is discretionary on the court" #t is not a matter of

right" #t is within the sound discretion of the )+ to accept the petition or not"-


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file a comment !ecause the )+ might outrightly dismiss the petition- #f the )+ will require you to file a comment then you ha e to file the comment

within the period stated in the order of the )+- +fter filing comment, )+ will now determine whether or not to gi e due course

to the petition" #f the )+ finds that there is prima facie e idence that the R() has

committed an error of fact or law to warrant the re ersal or modification of thesaid *udgment then the )+ will issue an order gi ing due course to the petition"- rocedures in sum%

o ;ile the petitiono #f )+ grants petition, )+ will require respondent to comment on the

petition unless )+ outrightly dismisses the petitiono )+ will then determine whether or not to gi e due course to the petition

- When the )+ gi es due course to the petition, it doesn:t mean that the petitionerwon the case" #t simply means that the )+ finds that there is !asis pro!a!ly tore erse the decision of the R()" )+ finds that there is prima facie e idence thatthe R() has committed an error"

- +fter the court gi es due course to the petition, the court will then require the parties to su!mit their respecti e written memorandum or if not, to require the parties to argue orally in the )+ and on the !asis of the memorandum or oralarguments, the court will decide the case

- When the court gi es due course to the petition, the court will then order the R()to ele ate the records of the case to the )+ for the )+ to make a study and thenrender a decision

- When is appeal under rule 4. deemed perfected ;rom the moment the petitionfor re iew is filed in the )+ and the docket fees and other lawful fees are paid asto the appellant" =ut for the appellee, it is after the lapse of the 5-day period forhim to appeal" +t this time, the appeal is deemed perfected for !oth parties"

- R() will also retain its residual *urisdiction o er the case that is appealed to the)+" R() may still issue discretionary e/ecution or grant compromise agreementsor issue orders for the preser ation of the rights of the parties if the petition forre iew has not yet !een gi en due course e en if the appeal is already deemed

perfected"- What is the effect of petition for re iew on the e/ecution of the *udgment in the

R() A/cept in ci il cases pro ided under the rules on summary procedure, theappeal shall stay the *udgment or final order unless the )+, the law or these rulesshall pro ide otherwise" When you file a petition for re iew to the )+ under rule4., the e/ecution of the decision of the R() is stayed, you cannot enforce when itis raised to the )+ e/cept when the case is emanated from the '() and it falls

under the rules on summary procedure since in the rules on summary procedure,the decision of the R() in its appellate *urisdiction is immediately e/ecutory7unless it is stayed !y the )+ and the )+ will issue a (R& or in*unction"

RULE 4$APPEALS FROM THE COURT OF TA: APPEALSAN ;UASI


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Section 1. Sco!e.

(his Rule shall apply to appeals from *udgments or final orders of the )ourt of (a/+ppeals and from awards, *udgments, final orders or resolutions of or authoriBed !y any

quasi-*udicial agency in the e/ercise of its quasi-*udicial functions" +mong these agenciesare the )i il 1er ice )ommission, )entral =oard of +ssessment +ppeals, 1ecurities andA/change )ommission, &ffice of the resident, Eand Registration +uthority, 1ocial1ecurity )ommission, )i il +eronautics =oard, =ureau of atents, (rademarks and(echnology (ransfer, 8ational Alectrification +dministration, Anergy Regulatory =oard,

8ational (elecommunications )ommission, $epartment of +grarian Reform underRepu!lic +ct 8o" 665?, Fo ernment 1er ice #nsurance 1ystem, Amployees)ompensation )ommission, +gricultural #n entions =oard, #nsurance )ommission,

hilippine +tomic Anergy )ommission, =oard of #n estments, )onstruction #ndustry+r!itration )ommission, and oluntary ar!itrators authoriBed !y law"

Sec. #. C ,e, not co7ere*. (his Rule shall not apply to *udgments or final orders issued under the Ea!or )ode of

the hilippines"

Sec. $. Where to !!e ".

+n appeal under this Rule may !e taken to the )ourt of +ppeals within the period andin the manner herein pro ided, whether the appeal in ol es questions of fact, of law, ormi/ed questions of fact and law"

Sec. 4. Perio* o& !!e ".

(he appeal shall !e taken within fifteen 57 days from notice of the award, *udgment,final order or resolution, or from the date of its last pu!lication, if pu!lication is required

!y law for its effecti ity, or of the denial of petitioner:s motion for new trial orreconsideration duly filed in accordance with the go erning law of the court or agency aquo" &nly one 7 motion for reconsideration shall !e allowed"


20/57


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#f upon the filing of the comment or such other pleadings or documents as may !erequired or allowed !y the )ourt of +ppeals or upon the e/piration of the period for thefiling thereof, and on the !asis of the petition or the records the )ourt of +ppeals finds

prima facie that the court or agency concerned has committed errors of fact or law that

would warrant re ersal or modification of the award, *udgment, final order or resolutionsought to !e re iewed, it may gi e due course to the petition2 otherwise, it shall dismissthe same" (he findings of fact of the court or agency concerned, when supported !ysu!stantial e idence, shall !e !inding on the )ourt of +ppeals"

Sec. 11. Tr n,3itt " o& recor*.

Within fifteen 57 days from notice that the petition has !een gi en due course, the)ourt of +ppeals may require the court or agency concerned to transmit the original or alegi!le certified true copy of the entire record of the proceeding under re iew" (he recordto !e transmitted may !e a!ridged !y agreement of all parties to the proceeding" (he

)ourt of +ppeals may require or permit su!sequent correction of or addition to therecord"

Sec. 1#. E&&ect o& !!e ".

(he appeal shall not stay the award, *udgment, final order or resolution sought to !ere iewed unless the )ourt of +ppeals shall direct otherwise upon such terms as it maydeem *ust"

Sec. 1$. S)63i,,ion &or *eci,ion.

#f the petition is gi en due course, the )ourt of +ppeals may set the case for oralargument or require the parties to su!mit memoranda within a period of fifteen 57 daysfrom notice" (he case shall !e deemed su!mitted for decision upon the filing of the last

pleading or memorandum required !y these Rules or !y the )ourt of +ppeals"

- $ifference !etween petition for re iew under rule 4. and 4 %o Rule 4 is an appeal of the decision of quasi-*udicial !odies or agencies or

decisions of the R() designated as a special corporate court such as)1), )=++, & , ER+, 11), )+=, = ((, etc7 while rule 4. is an appealof the R():s decision in the e/ercise of its appellate *urisdiction

- (he only mode of appeal from the decision of quasi-*udicial !odies or agencies isa petition for re iew under rule 4 "

- +ppeals from the decision of the )(+ is no longer done in the )+ since a law isenacted pro iding that decisions of the )(+ is now re iewa!le !y the 1) thru a

petition for certiorari under rule 45" Reason% )(+ is in equal footing with the )+"- +lso the 1A) is already di ested of its quasi-*udicial power pursuant to a law"

1uch law transferred such quasi-*udicial power to the R() in the form of a specialcorporate court to entertain intra-corporate disputes" &nce the R() designated asa special corporate court decides a case, the decision of such court can !e


22/57

appealed to the )+ in a petition for re iew under Rule 4 "- $ecisions of quasi-*udicial !odies must !e appealed to the )+, not to the 1),

e en if it is so pro ided !y law" 1uch law will !e declared unconstitutional !ecause according to the constitution, you cannot add power to the 1) withouttheir conformity@consent" )ongress cannot enact a law that will add power to the

1) if the 1) did not consent to such additional power" ou ha e to o!ser e the principle of hierarchy of courts"- (his Rule shall not apply to *udgments or final orders issued under the Ea!or

)ode of the hilippines"o (he rule has !een changed% $ecisions of the 8ER) are now to !e

appealed to the )+ in iew of the principle of o!ser ance of the hierarchyof courts"

- 3ow to file petition for re iew under rule 4 1imilar to that of rule 4."- 8ote% #n ordinary appeals under rules 40 and 4 , you don:t change the title of the

case in the appeal" ou *ust add the word appellant or appellee as the case may !e"o A/ample% #f in the '(), Cuan de la )ruB filed a case against edro Reyes"

(itle of the case is >Cuan de la )ruB, plaintiff s edro Reyes, defendantG"(he '() decided in fa or of Cuan" edro appealed the case" (he title ofthe case will still remain when appealed !ut there is an additional words ofappellant or appellee as the case may !e" #n the appeal, the title of the casewill now !e >Cuan de la )ruB, plaintiff-appellee s edro Reyes,defendant-appellantG"

o Reason% ;or the appellate court to know who really started the case whois the original plaintiff or defendant

o 3owe er, this is not the case for petitions for re iew under rules 4. and4 , in which case, the title of the case in the appeal would !e > edroReyes, petitioner s Cuan de la )ruB, respondentG

- #n !oth petitions for re iew under Rules 4. and 4 , you can raise the issue of purequestions of law to the )+ unlike in Rule 4 ordinary from R():s decision inthe e/ercise of its original *urisdiction7, you cannot raise a pure question of lawissue to the )+ !ecause the remedy in this case is to go directly to the 1) !y wayof petition for certiorari under Rule 45

- (he filing of petition for re iew is not a matter of right such that once the petitioner has filed the petition and paid the docket fee, he is already assured thathis petition will !e entertained !y the )+" (his is not the case !ecause the )+may outrightly dismiss the petition if it finds that the petition is patently withoutmerit, prosecuted manifestly for delay and the questions raised therein are toounsu!stantial to warrant consideration, thus, once you filed the petition, it:s up to

the )+ if it will grant the petition or not"


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Section 1. Tit"e o& c ,e,.

#n all cases appealed to the )ourt of +ppeals under Rule 4 , the title of the caseshall remain as it was in the court of origin, !ut the party appealing the case shall !efurther referred to as the appellant and the ad erse party as the appellee"

- Rule 44 deals with appeals in ordinary cases"- Rule 44 actually is a continuation of Rule 4 " Rule 44 pro ides procedures to

appealed cases from the R() in the e/ercise of its original *urisdiction to the )+- (he caption or title of the case shall remain as it was in the R() e/cept that

whoe er appeals will !e called the appellant and the one who did not appeal iscalled the appellee"

o A/ample% #f in the R(), Cuan de la )ruB filed a case against edro Reyes"(itle of the case is >Cuan de la )ruB, plaintiff s edro Reyes, defendantG"(he R() decided in fa or of Cuan" edro appealed the case to the )+" (hetitle of the case will still remain when appealed !ut there is an additional

words of appellant or appellee as the case may !e" #n the appeal, the titleof the case will now !e >Cuan de la )ruB, plaintiff-appellee s edroReyes, defendant-appellantG"

o Reason% ;or the appellate court to know who really started the case whois the original plaintiff or defendant

Sec. #. Co)n,e" n* ) r*i n,.

(he counsel and guardians ad litem of the parties in the court of origin shall !erespecti ely considered as their counsel and guardians ad litem in the )ourt of +ppeals"When others appear or are appointed, notice thereof shall !e ser ed immediately on the

ad erse party and filed with the court"

- Whoe er is the counsel of the parties of the court !elow and whoe er is theguardian of either party of the court !elow, they will automatically !e considered

!y the )+ as the same counsel or guardian" (he )+ has the right to presume thatyou are still the same counsel not unless the party in changing his counsel informsthe )+ and the ad erse party of the change of counsel or the hiring of newcounsel on appeal" #f the party did not inform such, then the court has the right tosend notices to your counsel in the court !elow or your old@former counsel"

- (here is a rule in legal ethics that you should not enter your appearance as thenew counsel of a party to the case if the old@former counsel did not sign his

conformity" (he old@former counsel must withdraw" ;ormal entry of appearancewith the conformity of the client7

Sec. $. Or*er o& tr n,3itt " o& recor*.

#f the original record or the record on appeal is not transmitted to the )ourt of+ppeals within thirty 07 days after the perfection of the appeal, either party may file amotion with the trial court, with notice to the other, for the transmittal of such record or


24/57

record on appeal"

- &nce the appeal is perfected and docket fees are paid, the clerk of court of theR() shall immediately to clear the records of the case within 5 days andtransmit the records of the case to the )+"

- #f the records of the case is not transmitted to the )+ within 0 days, either partyhas the right to file a motion for the immediate transmittal of the records of thecase to the )+"

Sec. 4. oc+etin o& c ,e.


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and its accompanying transcripts and e/hi!its so far a aila!le are sufficient to decide theissues raised in the appeal, and shall issue an order e/plaining the reasons for suchdeclaration"

- #f that record cannot !e produced anymore for whate er alid reason, then the

parties will !e asked !y the )+ if they will agree to dispense with the presentationof such record"

Sec. . A!!e"" nt>, 6rie&.

#t shall !e the duty of the appellant to file with the court, within forty-fi e 457 daysfrom receipt of the notice of the clerk that all the e idence, oral and documentary, areattached to the record, se en ?7 copies of his legi!ly typewritten, mimeographed or

printed !rief, with proof of ser ice of two .7 copies thereof upon the appellee"

- &nce the records of the case is complete, the )+ will now send notices to !oth

parties that the records of the case are now in possession of the )+ and they arealready complete so appellant is now directed to file his appellant:s !rief within45 days" (his 45-day period can !e e/tended" ou can ha e another 45 days"

- (he )+ will grant the motion for e/tension of time to file appellant:s !rief onlywhen you ha e paid the docket fee on time and the motion filed within theoriginal period of 45 days"

Sec. 2. A!!e""ee>, 6rie&. Within forty-fi e 457 days from receipt of the appellant:s !rief, the appellee shall file

with the court se en ?7 copies of his legi!ly typewritten, mimeographed or printed !rief,with proof of ser ice of two .7 copies thereof upon the appellant"

- &nce appellant:s !rief has !een filed and a copy of which ser ed to the appellee,the appellee will then file his appellee:s !rief within 45 days from the timeappellee recei ed the copy of the appellant:s !rief" (his 45-day period can also !ee/tended"

Sec. 5. A!!e"" nt>, re!"/ 6rie&. Within twenty .07 days from receipt of the appellee:s !rief, the appellant may file a

reply !rief answering points in the appellee:s !rief not co ered in his main !rief"

- &nce appellee filed his appellee:s !rief and a copy of which ser ed to theappellant, appellant has within .0 days from receipt to file his appellant:s reply

!rief, a copy of which ser ed to the appellee"- (he appellee can no more answer the appellant:s reply !rief"

Sec. 10. Ti3e &or &i"in 3e3or n* in ,!eci " c ,e,.


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#n certiorari, prohi!ition, mandamus, quo warranto and ha!eas corpus cases, the parties shall file, in lieu of !riefs, their respecti e memoranda within a non-e/tendi!le period of thirty 07 days from receipt of the notice issued !y the clerk that all thee idence, oral and documentary, is already attached to the record"

(he failure of the appellant to file his memorandum within the period therefor may !ea ground for dismissal of the appeal"

- #n cases of certiorari, prohi!ition, mandamus, quo warranto and ha!eas corpuscases in the R(), which was appealed to the )+, the procedure is different" oudo not file an appellant:s !rief within 45 days instead you are required to file anon-e/tendi!le period within 0 days to file a memoranda"

- (hese cases must !e distinguished with petitions for certiorari, prohi!ition,mandamus, quo warranto and ha!eas corpus filed with the )+ directly as anoriginal action" (he go erning rule in these cases is Rule 46"

- 1ec" 0 of Rule 44 refers to the appeal of the R():s decision in the e/ercise of its

oringinal *urisdication to the )+ in cases of special ci il actions such as certiorari, prohi!ition, mandamus, quo warranto and ha!eas corpus which are found in Rule65"

- ;ailure to file a memoranda could !e a ground for the dismissal of the appeal"

Sec. 11. Se7er " !!e"" nt, or !!e""ee, or ,e7er " co)n,e" &or e ch ! rt/. Where there are se eral appellants or appellees, each counsel representing one or

more !ut not all of them shall !e ser ed with only one copy of the !riefs" When se eralcounsel represent one appellant or appellee, copies of the !rief may !e ser ed upon anyof them"

Sec. 1#. E?ten,ion o& ti3e &or &i"in 6rie&,. A/tension of time for the filing of !riefs will not !e allowed, e/cept for good and

sufficient cause, and only if the motion for e/tension is filed !efore the e/piration of thetime sought to !e e/tended"

Sec. 1$. Content, o& !!e"" nt>, 6rie&. (he appellant:s !rief shall contain, in the order herein indicated, the following%

a7 + subject index of the matter in the !rief with a digest of the arguments and pagereferences, and a ta!le of cases alpha!etically arranged, te/t!ooks and statutes cited withreferences to the pages where they are cited2

!7 +n assignment of errors assign errors of the R() that you want the )+ tocorrect7 intended to !e urged, which errors shall !e separately, distinctly and conciselystated without repetition and num!ered consecuti ely2


27/57

c7 , 6rie&. (he appellee:s !rief shall contain, in the order herein indicated, the following%

a7 + subject index of the matter in the !rief with a digest of the arguments and pagereferences, and a ta!le of cases alpha!etically arranged, te/t!ooks and statutes cited withreferences to the pages where they are cited2

!7


28/57

errors in the appellant:s !rief2 refutation of each assigned error7 the appellee shall setforth his arguments in the case on each assignment of error with page references to therecord" (he authorities relied on shall !e cited !y the page of the report at which the case

!egins and the page of the report on which the citation is found"

- (he appellee cannot make assignment of errors of the court !elow" 3is remedy ifhe feels that the court !elow committed an error is to appeal"- ou cannot make your own assignment of errors if you did not yourself appeal"

ou can howe er make a counter-assignment of error in order to sustain the *udgment of the court !elow"

Sec. 1(. ;)e,tion, th t 3 / 6e r i,e* on !!e ".

Whether or not the appellant has filed a motion for new trial in the court !elow,he may include in his assignment of errors any question of law or fact that has !eenraised in the court !elow and which is within the issues framed !y the parties"

- Iuestions that may !e raised on appeal%o Iuestions of facto 'i/ed question of facts or law

8ot pure questions of law !ecause in this case, the remedy is to filedirectly to the 1) !y way of petition for certiorari

- 8ormally the appellate court will not distur! factual findings of the lower courtnot unless you can show to that appellate court that the error committed !y theR() in the appreciation of the facts of the case is so glaring then that:s the timethat the )+ will re erse"

- )+ will as much as possi!le adopt the factual findings of the court !elow"

- +ppellate courts will always respect the factual findings of the lower courtespecially when it is a factual finding of an administrati e tri!unal or quasi- *udicial !odies !ecause they are specialiBed agencies" (hey know the matter !etterthan anyone in their respecti e specialiBed fields" i"e" ER+ JEand Registration+uthority, $+R+= J$epartment of +grarian +d*udication =oardK, 8ER)J8ational Ea!or Relations )ommissionK7" (heir factual findings will !e gi engreat weight !y the )+ and the )+ will not distur! factual findings of the court

!elow not unless there is a glaring error committed"- FR% )+ will only re erse factual findings of the lower court if there is glaring or

patent error"o Reason% (he )+ is not the one who recei ed the e idence" #t is the *udge

of the court !elow who conducted the hearing and has o!ser ed thedeportment of the witnesses in the witness stand" (hus, it is the *udge ofthe court !elow who is in a !etter position in identifying whether who istelling the truth or not in order to determine the true facts of the case"

RULE 4(APPEAL @= CERTIORARI TO THE SUPREME COURT


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Section 1. Fi"in o& !etition %ith S)!re3e Co)rt.

+ party desiring to appeal !y certiorari from a *udgment or final order or resolution ofthe )ourt of +ppeals, the 1andigan!ayan, the Regional (rial )ourt or other courtswhene er authoriBed !y law, may file with the 1upreme )ourt a erified petition for

re iew on certiorari" (he petition shall raise only questions of law which must !edistinctly set forth"

Sec. #. Ti3e &or &i"in ' e?ten,ion.

(he petition shall !e filed within fifteen 57 days from notice of the *udgment orfinal order or resolution appealed from, or of the denial of the petitioner:s motion for newtrial or reconsideration filed in due time after notice of the *udgment" &n motion dulyfiled and ser ed, with full payment of the docket and other lawful fees and the deposit forcosts !efore the e/piration of the reglementary period, the 1upreme )ourt may for

*ustifia!le reasons grant an e/tension of thirty 07 days only within which to file the

petition"

Sec. $. oc+et n* other " %&)" &ee,' !roo& o& ,er7ice o& !etition.


30/57

ser ice of the petition, and the contents of and the documents which should accompanythe petition shall !e sufficient ground for the dismissal thereof"

(he 1upreme )ourt may on its own initiati e deny the petition on the ground that theappeal is without merit, or is prosecuted manifestly for delay, or that the questions raised

therein are too unsu!stantial to require consideration"

Sec. -. Re7ie% *i,cretion r/.

+ re iew is not a matter of right, !ut of sound *udicial discretion, and will !e grantedonly when there are special and important reasons therefor" (he following, while neithercontrolling nor fully measuring the court:s discretion, indicate the character of thereasons which will !e considered%

a7 When the court a quo has decided a question of su!stance, not theretoforedetermined !y the 1upreme )ourt, or has decided it in a way pro!a!ly not in accord with

law or with the applica!le decisions of the 1upreme )ourt2 or !7 When the court a quo has so far departed from the accepted and usual courseof *udicial proceedings, or so far sanctioned such departure !y a lower court, as to call foran e/ercise of the power of super ision"

Sec. . P"e *in , n* *oc)3ent, th t 3 / 6e re9)ire*' , nction,.

;or purposes of determining whether the petition should !e dismissed or denied pursuant to section 5 of this Rule, or where the petition is gi en due course under sectionD hereof, the 1upreme )ourt may require or allow the filing of such pleadings, !riefs,memoranda or documents as it may deem necessary within such periods and under suchconditions as it may consider appropriate, and impose the corresponding sanctions in caseof non-filing or unauthoriBed filing of such pleadings and documents or non-compliancewith the conditions therefor"

Sec. 2. )e co)r,e' e"e7 tion o& recor*,.

#f the petition is gi en due course, the 1upreme )ourt may require the ele ation of thecomplete record of the case or specified parts thereof within fifteen 57 days fromnotice"

Sec. 5. R)"e !!"ic 6"e to 6oth ci7i" n* cri3in " c ,e,.

(he mode of appeal prescri!ed in this Rule shall !e applica!le to !oth ci il andcriminal cases, e/cept in criminal cases where the penalty imposed is death, reclusion

perpetua or life imprisonment"

- Rule 45 is the rule on petitions for re iew on certiorari" (his is actually one of the


31/57

modes of re iew" #n fact, this is the only mode of re iew to the 1)" #f you file a petition for re iew of the decision of the lower and you file it with the 1), there isonly one mode of re iew and that is Rule 45 etition for re iew on certiorari"

- What are the decisions that you can raise to the 1) !y way of certiorari underRule 45 $ecisions of the )+, 1andigan!ayan, or R() on pure questions of law

or other courts whene er authoriBed !y law such as decisions of the )ourt of (a/+ppeals7- )ongress cannot *ust pass a law that will pro ide that decisions of a particular

court or quasi-*udicial !ody may appeal directly to the 1)" Why =ecause theconstitution pro ides that any additional *urisdiction to the 1) must ha e theconformity or consent of the 1)" ou cannot add a responsi!ility or a *o! to the1) without the consent of the 1)"

- $ecision of the R() in the e/ercise of its original *urisdiction may !e appealeddirectly to the 1) pro ided that the issue raised is a pure question of law" #f itin ol es a question of fact, then you ha e to appeal that first to the )+, don:t godirectly to the 1), otherwise, appeal will !e dismissed" #f the R():s decision is in

the e/ercise of its appellate *urisdiction, you cannot directly to the 1) e en if it isa pure question of law" Remedy here is to go to the )+" #n this case, in a petitionfor re iew of the R() in the e/ercise of its appellate *urisdiction to the )+, youcan raise a pure question of law"

- What you can raise to the 1), generally, are only questions of law" ou cannotraise, as a general rule, a question of fact !ecause the 1) is not a trier of facts"

- $ifference !etween a question of fact and a question of law%o Iuestion of fact refers to a question which in ol es the cali!ration of

e idence presented in court for the purpose of determining whether or notthe allegation of a party to the case is true" #n other words, when thequestion is >is what the party saying true or not G, that is a question of

fact"o Iuestion of law in ol es a question on what law to !e applied in a gi enset of fact" #f the facts of the case is already determined or the parties inthe case entered a stipulation of facts, what the law to !e applied to thatcertain set of facts is a question of law" What law to !e applied, how thelaw is to !e interpreted, they are considered questions of law" A en theinterpretation or appreciation of the court on the law to !e applied in acertain set of facts is a question of law"

- FR% 1) will only entertain questions of law" (hey will not entertain questions offact" 1o that if you raise a question of fact !efore the 1), e/pect that your petitionwill !e immediately dismissed !y the 1)" 3owe er if the 1) so decides, they may

accept factual questions if it is necessary to the proper resolution of the case in theinterest of *ustice"- 3owe er, there are instances where the 1) may entertain a factual issue or a

question of fact" #t is actually within the discretion of the court whether they willaccept a question of fact or not%

o When the conclusion of the court !elow as to its findings of facts is !ased purely on speculation, auspices, or con*ecture" #n other words, there is nofactual !asis for arri ing at such findings of fact"


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o When the inference made !y the lower court is manifestly mistakeno When the lower court has committed a gra e a!use of discretion in the

appreciation of factso When the findings of facts of the )+ are conflictingo When the parties ha e already entered into a stipulation of facts and they

already admitted that these are the facts of the case !ut the court made adifferent findings of fact, in other words, the lower court disagree with thestipulation of facts agreed !y the parties" (his is a ery glaring error of thecourt which deser es to !e re ersed !y the 1)

o When the lower court manifestly o erlooks certain rele ant facts notdisputed !y the parties and which if properly considered would *ustify adifferent conclusion

o Where the findings of fact of the )+ is contrary to the findings of fact ofthe R() here, the 1) will meticulously study findings of the )+especially if it is in conflict with the findings of the R()7

- $ifference !etween certiorari under Rule 65 and certiorari under Rule 45%o )ertiorari under Rule 45 is actually an appeal" #t is clearly a mode of

appeal and you ask the 1) to re iew the decision of the )+" (he su!*ectmatter here is a decision where you raised a question of law"

o )ertiorari under Rule 65 is not an appeal" #t is considered to !e a specialci il action" #n other words, it is an original action" #f you file a petition forcertiorari under Rule 65 questioning the order of the R(), the ground thatyou will use is gra e a!use of discretion amounting to lack or in e/cess of

*urisdiction" 1o when you question that R() order to the )+ !y way ofcertiorari under Rule 65, you are not actually appealing the order of theR() to the )+ !ecause that order is an interlocutory order that isunappeala!le and you are not questioning or asking the interpretationmade !y the R() !ut rather you are asking the appellate court to e/erciseits super isory power o er lower courts and you are now asking the )+ toe/amine the decision of the R() *udge if such *udge committed a gra ea!use of discretion amounting to lack of in e/cess of *urisdiction" ou arenot appealing" ou are actually filing an original action in the )+" ouare in oking the power of the )+ to e/ercise super isory power o er theR()" 3ere, what you are raising in the appellate court is that the lowercourt committed gra e a!use of discretion amounting to lack or in e/cessof *urisdiction"

o What kind of *udgment can you raise or question !y way of certiorariunder Rule 45 #t refers to a final *udgment or decision whereas in Rue 65,it normally refers to interlocutory order"

o (he certiorari under Rule 45 can !e a ailed of within 5 days only fromthe time of receipt of decision only to the 1) while in Rule 65, you ha e60 days to raise the matter to the appellate court, whether R() or )+ or1), as the case may !e"

o #n Rule 65, !efore you are allowed to file a petition for certiorari within 60days, you are required to file a motion for reconsideration first" (hat is acondition precedent for the filing of the petition for certiorari under Rule


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65" 1uch requirement is not found in Rule 45 !ecause there is no need tofile a motion for reconsideration"

- etition for certiorari under Rule 45 must !e filed within 5 days from receipt ofthe decision of the lower courts" #f you file a motion for reconsideration or newtrial and it is denied, you also ha e 5 days from the receipt of the order denying

such motion"- When you file a petition for certiorari under Rule 45, you file it in the 1)" Whenyou file it with the 1), you also ha e to pay the docket fee and other lawful fees

plus the deposit of 500" ou ha e to pay it simultaneously with the filing of the petition"

- ou can file a motion for e/tension of time to file petition for certiorari" (he 1)will grant you that and the 1) can grant you up to 0-day e/tension pro ided thatthe docket fees and other lawful fees are paid and the motion within the 5-day

period otherwise, your request for e/tension will not !e entertained"- #n the 1), you ha e to prepare D copies of the petition"- When you file a petition for re iew, when you su!mit se eral copies, one of such

copy must !e designated as an original copy" 1tamped >original copy or fileG7 !ecause the law requires that that original copy of the petition, it is there alsowhere you will attach a original duplicate or original copy of the decision or orderthat you are questioning or if not you get a certified true copy of that decision inthe court !elow, otherwise, if not attached, your petition will !e denied" &thercopies, photocopy is allowed"

- etition is done wherein you ha e to%o 1tate the full name of the partieso 1tate a !rief and concise statement of the matters in ol edo 1tate the arguments relied upon in support of your petitiono 1pecifically point out the error committed !y the court !elowo (here must !e a certificate of non-forum shopping"

- &nce you file your petition for certiorari in the 1), do not e/pect that your petition will !e surely entertained !ecause such petition is not a matter of right !uta matter of *udicial discretion" 1) may outrightly dismiss your petition if it findsthat your petition is%

o atently without merito rosecuted manifestly for delayo Iuestions raised therein are too unsu!stantial to warrant consideration

- #f the petition has complied with all the requirements, then the 1) will determinewhether or not there is prima facie e idence that an error is committed !y thecourt !elow to warrant re ersal and if there is, then 1) will gi e due court to the

petition" #f not, then the 1) will outrightly dismiss the petition- When the 1) gi es due course to the petition, the 1) will order the court !elow to

ele ate the records of the case"- When the 1) gi es due course to the petition, do not think that you: e won" #t

simply means that the petition has !asis to warrant the time of the appellate courtto re iew the case"

- &nce the 1) gi es due course to the petition, that is the time where the 1) willread carefully your whole petition and decide whether or not the court !elow has


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committed an error"

RULE 4-ORIGINAL CASES

Section 1. Tit"e o& c ,e,. #n all cases originally filed in the )ourt of +ppeals, the party instituting the action

shall !e called the petitioner and the opposing party the respondent"

Sec. #. To %h t ction, !!"ic 6"e.

(his Rule shall apply to original actions for certiorari, prohi!ition, mandamus andquo warranto"

A/cept as otherwise pro ided, the actions for annulment of *udgment shall !e

go erned !y Rule 4?, for certiorari, prohi!ition and mandamus !y Rule 65, and for quowarranto !y Rule 66"

Sec. $. Content, n* &i"in o& !etition' e&&ect o& non


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court and deposit the amount of 500"00 for costs at the time of the filing of the petition"

(he failure of the petitioner to comply with any of the foregoing requirements shall !e sufficient ground for the dismissal of the petition"

Sec. 4. 8)ri,*iction o7er !er,on o& re,!on*ent ho% c9)ire*. (he court shall acquire *urisdiction o er the person of the respondent !y the ser ice

on him of its order or resolution indicating its initial action on the petition or !y hisoluntary su!mission to such *urisdiction"

Sec. (. Action 6/ the co)rt.

(he court may dismiss the petition outright with specific reasons for such dismissal orrequire the respondent to file a comment on the same within ten 07 days from notice"&nly pleadings required !y the court shall !e allowed" +ll other pleadings and papers

may !e filed only with lea e of court"

Sec. -. eter3in tion o& & ct) " i,,)e,.

Whene er necessary to resol e factual issues, the court itself may conduct hearingsthereon or delegate the reception of the e idence on such issues to any of its mem!ers orto an appropriate court, agency or office"

Sec. . E&&ect o& & i")re to &i"e co33ent.

When no comment is filed !y any of the respondents, the case may !e decided on the !asis of the record, without pre*udice to any disciplinary action which the court may takeagainst the diso!edient party"

- Rule 46 up to Rule 55, these all refers to procedures in the )+" What are the procedures that we ha e to o!ser e or follow in cases filed !efore the )+"

- (he last rule, Rule 56, refers to the procedure in the 1) with regard to petitionsfor certiorari under Rule 45"

- (here are only . kinds of cases that you can file in the )+%o +ppealed cases cases that are appealed to the )+2 meaning, that case

emanated in the R() or quasi-*udicial !odies or '()rocedures in appealed cases are all found in Rules 4 44

o

&riginal actions cases filed directly in the )+ as an original caseetitions for certiorari, prohi!ition, mandamus and quo warranto which are considered as special ci il actions

etition for annulment of the *udgment of the R()- etitions for certiorari, prohi!ition and mandamus under Rule 65 and quo warrant

under Rule 66" 1uch petitions will !e primarily go erned !y Rule 65 or 66 as thecase may !e" #f it is petition for annulment of the *udgment of the R(), it will !e

primarily go erned !y Rule 4?


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- When you file an original action in the )+, you will !e called the petitioner andthe other party will !e called the respondent"

- ou must file ? copies for your petition" +ll actions filed in the )+ must file ?legi!le copies of the petition"

- (he petition must contain the following%o

1tatement of the whole name of the parties and their addresso + !rief and concise statement of the matters in ol eso =ackground of the caseo +rguments relied upon in support of your petitionso #f it is a petition for certiorari, mandamus or prohi!ition under Rule 65,

you must not forget to state the material dates#f you file a petition for certiorari in the )+, meaning, you are nowquestioning the *udgment of the lower court claiming that thelower court has committed gra e a!use of discretion amounting tolack or in e/cess of *urisdiction" ou must not forget to state inyour petition when did you recei e that order of the lower courtthat you are now questioning in the )+ !y way of certiorari thatis the material date"

#f you file a petition for new trial or reconsideration and itwas denied when did you recei e the order of denial

- our petition must also !e accompanied !y a certification of non-forum shopping certification !y the petitioner that he has not commenced any action !efore the1) or any other tri!unal or agencies or quasi-*udicial !odies in ol ing the sameissue and in ol ing the same parties"

- When does the )+ acquire *urisdiction o er the parties to the caseo #n an original action of ) 'I, the )+ acquires *urisdiction as to the

petitioner from the moment the petition is filed in the )+o +s to the respondent in Rule 46, there is no summons to !e issued !y the

)+" Remem!er that in this original actions, it is not a matter of right forthe petitioner to insist that his petition must !e entertained !y the )+"When you file your petition for ) 'I, the )+ will initially e/aminewhether your petition is meritorious or not !ecause if the )+ finds your

petition unmeritorious, it can outrightly dismiss your petition grounds% patently without merit, prosecuted manifestly for delay, the questionsraised therein are too unsu!stantial to warrant consideration7" =ased onsuch grounds, the )+ can outrightly dismiss your petition under Rule 46"3owe er, if the )+ finds that there is merit in your petition, then the )+will require the respondent now to file his comment" (his is what we callas the initial action of the )+"

#nitial action of the )+ refers to the action of the )+ in eitherdismissing your petition or gi ing due course to your petition !yrequiring respondent to file his comment)+ acquires *urisdiction o er the person of the respondent fromthe moment the respondent recei es the order or resolution of thecourt indicating its initial action on the petition


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1o if you are the respondent, you should not comment right away"#f you recei e a copy of the petition, do not answer right away

!ecause if petition for ) 'I is filed in the )+, the petitioner isrequired to gi e a copy of that petition to the respondent and soe en !efore the )+ to decide whether or not to gi e due course to

your petition, the respondent already has a copy of the petition !uthe has to wait for the decision of the )+" ;or all you know the petition might !e outrightly dismissed !y the )+, in which case,you don:t need to comment"#f the )+ gi es due course to the petition, then the )+ will issue aresolution requiring you to comment or answer to the petition that is now the initial action of the )+"(he moment you recei e the order or resolution of the )+indicating its initial action, that is already the moment that the )+acquires *urisdiction o er the respondent#n Rule 46, there is no need to issue summons" (he respondent will

*ust ha e to wait the order or resolution of the )+ indicating itsinitial action"

- (he action of the court may either !e dismissing the petition or requiring therespondent to file his answer

- #n the )+, it is not required that the )+ will conduct a hearing e en if it is anoriginal action" #t is still within the discretion of the )+ whether or not it willconduct a hearing" #f it decides to conduct a hearing, then it will issue an orderrequiring the parties to present their respecti e e idence !efore the )+"

- When you are required to file comment in the )+, the order is not actuallyconsidered mandatory in the sense that you may not file your comment and the)+ will still decide the case" 3owe er, if the )+ requires respondent to file

comment and the respondent did not file his comment within the gi en period, the)+ may decide the case" #t doesn:t mean that respondent will surely lose the case"(he danger is howe er when the *ustice of the )+ are too strict and will say >youraction is tantamount as disrespect to this court" lease e/plain why you should not

!e cited for indirect contemptG for not answering" 'aking a comment to the petition is not mandatory under the law !ut it may !e a cause for your !eing citedin contempt as a disrespect to the )+"

RULE 4ANNULMENT OF 8U GMENTSOR FINAL OR ERS AN RESOLUTIONS

Section 1. Co7er e.

(his Rule shall go ern the annulment !y the )ourt of +ppeals of *udgments or finalorders and resolutions in ci il actions of Regional (rial )ourts for which the ordinaryremedies of new trial, appeal, petition for relief or other appropriate remedies are nolonger a aila!le through no fault of the petitioner"


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Sec. #. Gro)n*, &or nn)"3ent.

(he annulment may !e !ased only on the grounds of e/trinsic fraud and lack of *urisdiction"

A/trinsic fraud shall not !e a alid ground if it was a ailed of, or could ha e !eena ailed of, in a motion for new trial or petition for relief"

Sec. $. Perio* &or &i"in ction.

#f !ased on e/trinsic fraud, the action must !e filed within four 47 years from itsdisco ery2 and if !ased on lack of *urisdiction, !efore it is !arred !y laches or estoppel"

Sec. 4. Fi"in n* content, o& !etition.

(he action shall !e commenced !y filing a erified petition alleging therein with particularity the facts and the law relied upon for annulment, as well as those supportingthe petitioner:s good and su!stantial cause of action or defense, as the case may !e"

(he petition shall !e filed in se en ?7 clearly legi!le copies, together with sufficientcopies corresponding to the num!er of respondents" + certified true copy of the *udgmentor final order or resolution shall !e attached to the original copy of the petition intendedfor the court and indicated as such !y the petitioner"

(he petitioner shall also su!mit together with the petition affida its of witnesses ordocuments supporting the cause of action or defense and a sworn certification that he hasnot theretofore commenced any other action in ol ing the same issues in the 1upreme)ourt, the )ourt of +ppeals or different di isions thereof, or any other tri!unal or agency2if there is such other action or proceeding, he must state the status of the same, and if heshould thereafter learn that a similar action or proceeding has !een filed or is pending

!efore the 1upreme )ourt, the )ourt of +ppeals, or different di isions thereof, or anyother tri!unal or agency, he undertakes to promptly inform the aforesaid courts and othertri!unal or agency thereof within fi e 57 days therefrom"chan ro!les irtual law li!rary

Sec. (. Action 6/ the co)rt.

1hould the court find no su!stantial merit in the petition, the same may !e dismissedoutright with specific reasons for such dismissal"

1hould prima facie merit !e found in the petition, the same shall !e gi en due courseand summons shall !e ser ed on the respondent"

Sec. -. Proce*)re.

(he procedure in ordinary ci il cases shall !e o!ser ed" 1hould a trial !e necessary,


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the reception of the e idence may !e referred to a mem!er of the court or a *udge of aRegional (rial )ourt"

Sec. . E&&ect o& )* 3ent.

+ *udgment of annulment shall set aside the questioned *udgment or final order orresolution and render the same null and oid, without pre*udice to the original action !eing refiled in the proper court" 3owe er, where the *udgment or final order orresolution is set aside on the ground of e/trinsic fraud, the court may on motion order thetrial court to try the case as if a timely motion for new trial had !een granted therein"

Sec. 2. S),!en,ion o& !re,cri!ti7e !erio*.

(he prescripti e period for the refiling of the aforesaid original action shall !edeemed suspended from the filing of such original action until the finality of the

*udgment of annulment" 3owe er, the prescripti e period shall not !e suspended where

the e/trinsic fraud is attri!uta!le to the plaintiff in the original action"

Sec. 5. Re"ie& 7 i" 6"e.

(he *udgment of annulment may include the award of damages, attorney:s fees andother relief"

#f the questioned *udgment or final order or resolution had already !een e/ecuted, thecourt may issue such orders of restitution or other relief as *ustice and equity may warrantunder the circumstances"

Sec. 10. Ann)"3ent o& )* 3ent, or &in " or*er, o& M)nici! " Tri " Co)rt,.

+n action to annul a *udgment or final order of a 'unicipal (rial )ourt shall !e filedin the Regional (rial )ourt ha ing *urisdiction o er the former" #t shall !e treated as anordinary ci il action and sections ., , 4, ?, D and 9 of this Rule shall !e applica!lethereto"

- Rule 4? refers to annulment of *udgment of the R()- What a!out the '() )an the *udgment of the '() !e annulled +nnulment of

*udgment of the '() may also !e done and file such petition will !e filed in theR()" (he procedures are more or less the same as that pro ided for in Rule 4?

- (he decision of the R() can !e annulled !y the )+" (hat is an original action" #tis only the )+ who can annul the *udgment of the R()"

- When can you annul *udgment of the R() When the petitioner lost the case andhe was not a!le to a ail the remedy of motion for new trial or appeal or petitionfor relief from *udgment through no fault of his own"

- Frounds for annulment of *udgment%o A/trinsic fraud a fraud that effecti ely pre ents you from presenting

your e idence in court" ;raud was committed in order to depri e you of


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your day in court"#ntrinsic fraud fraud committed during the trial of the case thatincludes the fraud of presenting fictitious document or presentingfalse witnesses and the e idences presented in court are fa!ricatedor fake" (his is not a ground to annul *udgment !ecause here you

were not depri ed of your day in court" ou were present duringthe trial and you participated in the trial only that you did notdisco er the fraud or deceit committed !y the other party !ecauseof your own negligence or fault" (his kind of fraud could ha e

!een disco ered if only you were diligent in your *o!" ou couldha e elicited the necessary information to e/pose that the witnessof the other party is a liar or e idences are fake which may !e donethrough cross-e/amination"1o to !e a!le to annul the *udgment, you must show to the courtthat there was e/trinsic fraud committed that pre ents you from

presenting your e idence or that depri es you of your day in court"o Eack of *urisdiction

1uch as non-receipt of summons- When you a ail of the ground of e/trinsic fraud for the annul of *udgment, you

must esta!lish the condition precedent esta!lish that the fraud committed, youwere not a!le to a ail the remedy of motion for new trial, appeal or petition forrelief from *udgment or you could not ha e a ailed of such remedies despite duediligence through no fault of your own" ;ailure to esta!lish such condition

precedent is a ground for dismissal of the petition"1uch condition precedent howe er is necessary only if the petitionfor annulment of *udgment uses the ground of e/trinsic fraud" (hisis not necessary if the ground relied upon is the ground of lack of

*urisdiction"- #f the ground is e/trinsic fraud, you can a ail of the remedy of annulment of

*udgment within 4 years from the disco ery of the fraud while if the ground islack of *urisdiction, you can a ail of the remedy of annulment of *udgment withinany time !efore you are !arred !y laches" +ctually the ci il code pro ides that anaction that is !ased on a *udgment prescri!es in 0 years2 you can lose !y lachese en !efore the lapse of the prescripti e period of 0 years2 laches depends uponthe discretion of the court2 >lachesG unnecessary delay in enforcing the right7

- ou must ha e to su!mit ? legi!le copies of the petition and furnish a copy to theother party" (he same requirements as that in Rule 46" (he only difference here isthat in Rule 4?, you are required to su!mit affida its

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