3) In a Petition for Review on Certiorari, the appeal
raises purely questions of law. PERIOD OF APPEAL
PERIOD OF ORDINARY APPEAL UNDER RULE 40
ð An appeal may be taken (from MTC to RTC) within 15 days after notice to the appellant of the judgment or final order appealed from. Where a record on appeal is required, the appellant shall file a notice of appeal and a record on appeal within 30 days after notice of the judgment or final order.
ð The period of appeal shall be interrupted by a timely motion for new trial or reconsideration. ð No motion for extension of time to file a motion
for new trial or reconsideration shall be allowed
(Sec. 2).
PERIOD OF ORDINARY APPEAL UNDER RULE 41)
ð The appeal shall be taken within 15 days from notice of the judgment or final order appealed from. Where a record on appeal is required, the appellants shall file a notice of appeal and a record on appeal within 30 days from notice of the judgment or final order.
ð However, on appeal in habeas corpus cases shall be taken within 48 hours from notice of the judgment or final order appealed from (AM No.
01-1-03-SC, June 19, 2001).
ð The period of appeal shall be interrupted by a timely motion for new trial or reconsideration. ð No motion for extension of time to file a motion
for new trial or reconsideration shall be allowed
(Sec. 3).
ð If the record on appeal is not transmitted to the CA within 30 days after the perfection of appeal, either party may file a motion with the trial court, with notice to the other, for the transmittal of such record or record on appeal (Sec. 3, Rule
44).
PERIOD OF PETITION FOR REVIEW UNDER RULE 42
ð The petition shall be filed and served within 15 days from notice of the decision sought to be reviewed or of the denial of petitioner’s motion
for new trial or reconsideration filed in due time after judgment.
ð The court may grant and additional period of 15 days only provided the extension is sought
a) upon proper motion, and
b) there is payment of the full amount of the docket and other lawful fees and the deposit for costs before the expiration of the reglementary period.
ð No further extension shall be granted except for the most compelling reason and in no case to exceed 15 days.
PERIOD OF APPEAL BY PETITION FOR REVIEW UNDER RULE 43
ð The appeal shall be taken within 15 days from notice of the award, judgment, final order or resolution, or from the date of its last publication, if publication is required by law for its effectivity, or of the denial of petitioner’s motion for new trial or reconsideration duly filed in accordance with the governing law of the court or agency a quo.
ð Only one (1) motion for reconsideration shall be allowed. Upon proper motion and the payment of the full amount of the docket fee before the expiration of the reglementary period, the CA
may grant an additional period of 15 days only within which to file the petition for review. ð No further extension shall be granted except for
the most compelling reason and in no case to exceed 15 days (Sec. 4).
PERIOD OF APPEAL BY PETITION FOR REVIEW ON CERTIORARI UNDER RULE 45
ð The appeal which shall be in the form of a verified petition shall be filed within 15 days from notice of the judgment, final order or resolution appealed from, or within 15 days from notice of the denial of the petitioner’s motion for new trail or motion for reconsideration filed in due time.
ð The Supreme Court may, for justifiable reasons, grant an extension of 30 days only within which to file the petition provided:
a) there is a motion for extension of time duly filed and served;
b) there is full payment of the docket and other lawful fees and the deposit for costs; and
c) the motion is filed and served and the payment is made before the expiration of the reglementary period.
MODE OF APPEAL PERIOD OF APPEAL Period of appeal if party files MFR or New Trial (Neypes
Doctrine)
Ordinary Appeal
(Rules 40, 41)
a) Notice of Appeal
(Rule 40)
Within 15 days from receipt of
judgment or final order Within 15 days from receipt of order denying motion for reconsideration or new trial b) Record on Appeal
(Rule 41)
Within 30 days from receipt of
judgment or final order The 30-day to file the notice of appeal and record on appeal should reckoned from the receipt of the order denying the motion for new trial or motion for reconsideration (Zayco vs.
Himlo, April 16, 2008)
Petition for Review
(Rule 42)
Within 15 days from receipt of judgment
Within 15 days from receipt of the order denying motion for reconsideration or new trial
Petition for Review
(Rule 43)
Within 15 days from receipt of judgment or final order or of last publication
Within 15 days from receipt of the order denying motion for reconsideration or new trial
Appeal by Certiorari
(Rule 45)
Within 15 days from receipt of
judgment or final order Within 15 days from receipt of the order denying motion for reconsideration or new trial
PERFECTION OF APPEALS
For Ordinary Appeals from MTC to the RTC (Rule 40) and from the RTC to the CA (Rule 41).
ð A party’s appeal by notice of appeal is deemed perfected as to him upon the filing of the notice of appeal in due time. Upon such perfection or the expiration of the same to appeal by the other parties, the court loses jurisdiction over the subject matter thereof
ð A party’s appeal by record on appeal is deemed perfected as to him with respect to the subject matter thereof upon the approval of the record on appeal filed in due time. The court has jurisdiction only over the subject matter thereof upon such approval for the expiration of the time to appeal of the other parties.
ð In either case, prior to the transmittal of the original record or the record on appeal, the court may issue orders for the protection and preservation of the rights of the parties which do
not involve any matter litigated by the appeal, approve compromises, permit appeals of indigent litigants, order execution pending appeal in accordance with Sec. 2, Rule 39, and allow withdrawal of the appeal (Sec. 9, Rule 41).
Perfection of Appeal by Petition for Review under Rule 42. (Sec.8)
ð Upon the timely filing of a petition for review and the payment of the corresponding docket and other lawful fees, the appeal is deemed perfected as to the petitioner.
ð The RTC loses jurisdiction over the case upon the perfection of the appeals filed in due time and the expiration of the time to appeal of the other parties.
ð However, before the CA give due course to the petition, the RTC may issue orders for the protection and preservation of the rights of the parties which do not involve any matter litigated by the appeal, approve compromises, permit appeals of indigent litigants, order execution pending appeal in accordance with Sec. 2, Rule
39, and allow withdrawal of the appeal.
ð Except in civil cases decided under Rules on Summary Procedure, the appeal shall stay the judgment or final order unless the CA, the law, or the Rules provide otherwise.
APPEAL FROM JUDGMENTS OR FINAL ORDERS OF THE MTC
An appeal from a judgment or final order of a MTC may be taken to the RTC exercising jurisdiction over the area over which the MTC sits. The title of the case shall remain as it was in the court of origin, but the party appealing the case shall be further referred to as the appellant and the adverse party as the appellee (Sec. 1,
Rule 40).
Where the MTC dismisses a case for lack of jurisdiction of such dismissal is made to the RTC, should the latter affirm the dismissal and if it has jurisdiction over the subject matter, the RTC is obliged to try the case as if it were originally filed with it.
The appeal is taken by filing a notice of appeal with the court that rendered the judgment or final order appealed from. The notice of appeal shall indicate the parties to the appeal, the judgment or final order or part thereof appealed from, and state the material dates showing the timeliness of the appeal. A record on appeal shall be required only in special proceedings and in other cases of multiple or separate appeals.
APPEAL FROM JUDGMENTS OR FINAL ORDERS OF THE RTC
There are three modes of appealing a judgment or final order of the RTC:
1) Ordinary Appeal (Rule 41) from the judgment or final order of the RTC in the exercise of its original jurisdiction
2) Petition for Review (Rule 42) from the judgment or final order of the RTC to the CA in cases decided by the RTC in the exercise of its appellate jurisdiction
3) Petition for Review on Certiorari (Rule 45) APPEAL FROM JUDGMENTS OR FINAL ORDERS
OF THE CA
a) Appeal from the judgments or final orders of the CA concerning purely questions of law which must be distinctly set forth may be elevated to the SC by way of Rule 45: Petitions for Review on Certiorari. b) The general rule is that the SC shall not entertain
questions of fact, except in the following cases: a) The conclusion of the CA is grounded
entirely on speculations, surmises and conjectures;
b) The inference made is manifestly mistaken, absurd or impossible;
c) There is grave abuse of discretion;
d) The judgment is based on misapprehension of facts;
e) The findings of facts are conflicting;
f) The CA in making its findings went beyond the issues of the case and the same is contrary to the admissions of both appellant and appellee;
g) The findings are contrary to those of the trial court;
h) The facts set forth in the petition as well as in the petitioner‘s main and reply briefs are not disputed by the respondents;
i) The findings of fact of the CA are premised on the supposed absence of evidence and contradicted by the evidence on record; or j) Those filed under Writs of amparo, habeas
data, or kalikasan.
APPEAL FROM JUDGMENTS OR FINAL ORDERS OF THE CTA
Under Sec. 11 of RA 9282, no civil proceeding involving matters arising under the NIRC, the TCC or the Local Government Code shall be maintained, except as herein provided, until and unless an appeal has been previously filed with the CTA and disposed of in accordance with the provisions of the Act.
A party adversely affected by a resolution of a Division of CTA on a motion for reconsideration or new trial, may file a petition for review with the CTA en banc.
Sec. 11 of RA 9282 further provides that a party adversely
affected by a decision or ruling of the CTA en banc may file with the SC a verified petition for review on certiorari pursuant to Rule 45.
REVIEW OF FINAL JUDGMENTS OR FINAL ORDERS OF THE COMELEC
A judgment, resolution or final order of the COMELEC may be brought by the aggrieved party to the SC on certiorari under Rule 65 in relation to Rule 64, by filing the petition within 30 days from notice.
REVIEW OF FINAL ORDERS OF THE CSC A judgment, final order or resolution of the Civil Service Commission may be taken to the CA under Rule 43. Note
the difference between the mode of appeal from a judgment of the CSC and the mode of appeal from the judgments of other constitutional commissions.
REVIEW OF FINAL ORDERS OF THE COA A judgment, resolution or final order of the Commission on Audit may be brought by the aggrieved party to the SC on certiorari under Rule 65 in relation to Rule 64, by filing the petition within 30 days from notice.
REVIEW OF FINAL ORDERS OF THE OMBUDSMAN
Appeals from decisions of the Ombudsman in administrative disciplinary actions should be brought to the CA under Rule 43.
The CA has jurisdiction over orders, directives and decisions of the Office of the Ombudsman in administrative cases only under Rule 43.
ð But in cases in which it is alleged that the Ombudsman has acted with grave abuse of discretion amounting to lack or excess of jurisdiction amounting to lack or excess of jurisdiction, a special civil action of certiorari under Rule 65 may be filed with the SC to set aside the Ombudsman’s order or resolution. In criminal or non-administrative case, the ruling of the Ombudsman shall be elevated to the SC by way of Rule 65.
The SC’s power to review over resolutions and orders of the Office of the Ombudsman is restricted on to determining whether grave abuse of discretion has been committed by it. The Court is not authorized to correct every error or mistake of the Office of the Ombudsman other than grave abuse of discretion. The remedy is not a petition for review on certiorari under Rule 45.
REVIEW OF FINAL ORDERS OF THE NLRC The remedy of a party aggrieved by the decision of the National Labor Relations Commission (NLRC) is to promptly move for the reconsideration of the decision and if denied to timely file a special civil action of certiorari under Rule 65 within 60 days from notice of the decision.
In observance of the doctrine of hierarchy of courts, the petition for certiorari should be filed in the CA (St. Martin
Funeral Homes vs. NLRC, Sept. 16, 1998). Should the same
be filed with the SC, the latter shall dismiss the same instead of referring the action to the CA.
REVIEW OF FINAL ORDERS OF THE QUASI- JUDICIAL AGENCIES
ð Appeals from judgments and final orders of quasi- judicial bodies/agencies are now required to be brought to the CA.
ð This rule was adopted precisely to provide a uniform rule of appellate procedure from quasi-judicial bodies.
ð The appeal under Rule 43 may be taken to the CA whether the appeal involves a question of fact, a question of law, or mixed questions of fact and law by filing a verified petition for review with the CA. ð The appeal shall NOT stay the award, judgment,
final order or resolution sought to be reviewed UNLESS the CA shall direct otherwise upon such terms as it may deem just.
RELIEFS FROM JUDGMENTS (or petition for relief
from denial of appeal) ORDERS AND OTHER
PROCEEDINGS (RULE 38)
A petition for relief from judgment is an equitable remedy that is allowed only in exceptional cases when there is no other available or adequate remedy.
A remedy where a party seek to set aside a judgment rendered against him by a court whenever he was unjustly deprived of a hearing or was prevented from taking an appeal because of fraud, accident, mistake or excusable negligence.
Under Sec. 5, Rule 38, the court may grant preliminary injunction to preserve the rights of the parties upon the filing of a bond in favor of the adverse party. The bond is conditioned upon the payment to the adverse party of all damages and costs that may be awarded to such adverse party by reason of the issuance of the injunction (Sec. 5).
GROUNDS FOR AVAILING OF THE REMEDY (PETITION FOR RELIEF)
When a judgment or final order is entered, or any other proceeding is thereafter taken against a party in any court through (a) fraud, (b) accident, (c) mistake, or (c) excusable negligence (FAMEN), he may file a petition in such court and in the same case praying that the judgment, order or proceeding be set aside (Sec. 1, Rule
38).
When the petitioner has been prevented from taking an appeal by fraud, mistake, or excusable negligence (Sec. 2).
TIME TO FILE PETITION
A petition for relief from judgment, order or other proceedings must be verified, filed:
1) within 60 days after the petitioner learns of the judgment, final order, or other proceeding to be set aside, and
2) not more than six (6) months after such judgment or final order was entered, or such proceeding was taken.
ü These two periods must concur. Both periods are not extendible and are never interrupted.
CONTENTS OF PETITION
The petition must be verified and must be accompanied with affidavits showing fraud, accident, mistake or excusable negligence relied upon and it must have an affidavit of merit showing the facts constituting the petitioner’s good and substantial cause of action or defense, as the case may be.
ANNULMENT OF JUDGMENTS OR FINAL ORDERS AND RESOLUTIONS (RULE 47) The annulment of judgment if a remedy independent of the case where the judgment sought to be annulled was rendered and may be availed of though the judgment may have been executed.
Its purpose is to have the judgment set aside so that there will be a renewal of litigation where the ordinary remedies of new trial, appeal, relief from judgment are no longer available without the petitioner’s fault.
GROUNDS FOR ANNULMENT
(you should be a party to the case)