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Section 1: Grounds for Dismissal of appeal by the Court of Appeals.

1. Failure to file within the reglementary period;

2. Failure to file the notice of appeal or record on appeal within the period;

3. Failure of the appellant to pay the docket and other lawful fees;

4. Unauthorized alterations, omissions, or additions in the approved record on appeal;

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

6. Absence of specific assignment of errors in appellant’s brief or page references to the record;

7. Failure of the appellant to take necessary steps for the completion

or correction of the record within the time limited by the order;

8. Failure of appellant to appear at the preliminary conference or to comply with orders, circulars, or directives of the court without justifiable cause

9. Judgment or order appealed from is not appealable.

Section 2: Dismissal of Improper Appeal to the Court of Appeals.

No transfer of appeals, erroneously taken to it or to the CA, whichever of these tribunals has appropriate appellate jurisdiction, will be allowed.

Elevating such appeal by the wrong mode of appeal shall be a ground for dismissal (Regalado, 2005).

A resolution of the CA dismissing the appeal and remanding the case to the trial court for further proceedings is merely interlocutory, hence a motion for its reconsideration filed a year later may be entertained and granted

Section 3: Withdrawal of Appeal.

1. As a matter of right at any time before the filing of the apellee’s brief;

2. In the discretion of the court.

Note: CA may dismiss the appeal outright even without motion.

RULE 51 JUDGMENT

Section 1. When case deemed submitted for judgment

The new provisions in this section are intended to clarify and provide specific rules on when a case is deemed submitted for judgment, depending in whether what is involved is an ordinary appeal, petition for review, or an original

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action, and whether or not a hearing was conducted by the appellate court.

The determination of the date of submission of the case is made doubly important by the fact that under the Constitution, such date is the reckoning point for the periods for deciding or resolving the case or matter, and which periods are now mandatory in nature.

(Regalado, 10^thEd.)

CASE DEEMED SUBMITTED FOR JUDGMENT

A. IN ORDINARY APPEALS

1.Where no hearing on the merits of the main case is held

pleading, brief, or memorandum required by the Rules or by the court itself, or the expiration of the period for its filing.

2.Where such hearing is held

termination or upon filing of the last pleading or memorandum as may be required or permitted to be filed by the court, or the expiration of the period for its filing.

B. IN ORIGINAL ACTIONS AND PETITIONS FOR REVIEW

1. Where no comment is filed – upon the e

2.

of the last pleading required or permitted to be filed by the court, or the expiration of the period for its filing.

3.

main case is held –

upon the filing of the last pleading or memorandum as may be required or permitted to be filed by the court, or the expiration of the period for its filing.

Section 2: By Whom Rendered

Judgment shall be rendered by the members of the court who participated in the deliberation on the merits of the case before its assignment to a member for the

writing of the decision.

Section 3: Quorum and Voting in the Court

For deliberation: participation of all 3 justices of a division.

For pronouncement of judgment or final resolution: Unanimous vote of all 3 Justices of a division.

If the 3 judges do not reach a unanimous vote:

1. The clerk shall enter the votes of the dissenting Justices in the record.

2. The Chairman of the division shall refer the case, together with the minutes of the deliberation, to the Presiding Justice.

3. The Presiding Justice shall designate 2 other Justices chosen by raffle, forming a special division of 5 Justices.

4. Participation of all 5 justices of a special division.

5. The concurrence of a majority of such special division shall be required for the pronouncement of a judgment or final resolution.

Section 5: Form of Decision

Every decision or final resolution of the court in appealed cases shall clearly and distinctly state the findings of fact and conclusions of law on which it is based, which may be contained in the decision or final resolution itself, or adopted from those set forth in the decision, order or resolution appealed from.

Note however, that the requirement for the statement of facts and the law, as

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provided by the Constitution, B.P. 129 and the foregoing section, refers to a decision or final resolution. The same does not apply to Minute Resolutions since these usually dispose of the case not on its merits but on procedural or technical considerations (Regalado, 2005).

Section 9: Promulgation and Notice of Judgment

After judgment or final resolution of the CA and dissenting or separate opinions if any, are signed by the Justices taking part, they shall be delivered for filing to the clerk who shall indicate thereon the date of promulgation and cause true copies to be served upon parties or counsel.

Section 10: Entry of Judgment and Final Resolutions

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

NOTE: Memorandum decisions are permitted in the CA.

Execution of Judgment (See also S39) The motion for execution of judgment may only be filed on the proper court of its entry. The writ may be sought and is the issued by the court from which the action originated, which is the court of origin or a quo.

Dismissals of Action without Trial which are considered Dismissal on the Merits

1. Two dismissal rule under Sec. 1, Rule 17.

2. Dismissal for failure to prosecute, to appear at trial, or to comply with rules or order of the court under Sec. 3, Rule 17 and operates as adjudication on the merits unless otherwise ordered

by the court.

3. Judgment on the pleadings, summary judgment, judgment by confession, judgment by

compromise operates as

adjudication on the merits.

4. Dismissal on the ground of non-compliance with Circular No. 1-88 had the effect of resolving the issues raised therein.

RULE 52 MOTION FOR RECONSIDERATION

Section 1: Period for Filing

Within 15 days from notice of judgment or final resolution with proof of service on the adverse party.

Section 3: Resolution of Motion

In the Court of Appeals, a motion for reconsideration shall be resolved within 90 days from the date when the court declares it submitted for resolution.

Section 4: Stay of Execution

Pendency of a motion for reconsideration stays the execution of judgment unless the court, for good reasons, directs otherwise.

RULE 53 NEW TRIAL

Section 1: Period for Filing

Any time after the appeal from the lower court has been perfected AND before the CA loses jurisdiction over the case.

Ground:

Newly discovered evidence which:

a. could not have been discovered prior to

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the trial in the court below by the exercise of due diligence, and;

b. which is of such character as would probably change the result.

Motion must be accompanied by affidavits of merit. Same procedure followed as in new trials before the RTC.

RULE 54