Hon. Maria Filomena D. Singh
Associate Justice, Court of Appeals
Professor, Ateneo Law School
Professor, UP College of Law
Member, Corps of Professors, Philippine
Judicial Academy
Nature of an Appeal:
⚫ Appeal is an essential part of our judicial process. As such,
courts have always been reminded to proceed with
caution so as not to deprive a party of the right to appeal.
(Cresenscio v. People, G.R. No. 205015, November 19, 2014)
⚫ However, the right to appeal is a mere statutory privilege.
As such, it should only be exercised in the manner and in
accordance with the provisions of the law. It is imperative
for one who seeks to avail of the right to appeal to strictly
comply with the requirements of the rules, and failure to
do so would lead to the loss of the right to appeal. (de
Leon v. Hercules Agro Corporation, G.R. No. 183239, June 2,
2014)
Rule 37:
Nature
of
a
Reconsideration: for
Motion
⚫ A motion for reconsideration is one that does not put
forward a new issue, does not present any new evidence,
nor does it change the theory of a case. It is one that only
seeks for the reconsideration of the judgment or final
order based on the same issues, contentions, and evidence.
(Spouses Reterta v. Spouses Lopez, G.R. No. 159941, August
17, 2011)
When to File the Motion?
⚫ A Motion for Reconsideration of a judgment or a final order is
filed within the period for taking an appeal. (Sec. 1, Rule
37)
⚫ The period of appeal referred to is within 15 days after notice
to the appellant of the judgment or final order appealed
from. (Sec. 2, Rule 40; Sec. 3, Rule 41; Section 2, Rule 45)
⚫ Where a record on appeal is required, the appellant shall
file a notice of appeal and a record on appeal within 30 days
from notice of the judgment or final order. A record on
appeal shall be required only in special proceedings and in
other cases of multiple or separate appeals. (Sec. 3, Rule 41;Sec.
3, Rule 40)
No
Motion
for
Extension
of
Time
Motion for New Trial or Reconsideration:
to
File
⚫ No Motion for Extension of Time to File Motion for
New Trial or Reconsideration may be filed with the
MTC, RTC, and the CA. Such motion may only be filed in
cases pending with the Supreme Court as the Court of last
resort, which may in its sound discretion either grant or
deny the extension requested. (Habaluyas v. Japson, G.R.
No. L-70895, 30 May 1986)
What is the Effect of filing a motion
for reconsideration on the period
to appeal?
⚫ The timely filing of a motion for reconsideration
interrupts the period to appeal. (Sec. 2, Rule 40; Sec. 3,
Rule 41)
Grounds for the Filing of a Motion for
Reconsideration:
⚫ Under Rule 37, Section 1, a Motion for Reconsideration
must be in writing, a written notice of which must be
served on the adverse party. The motion may be anchored
on any of the following grounds:
That the damages awarded are excessive;
⚫ That the evidence is insufficient to justify the
decision or final order; or
⚫ That the decision or final order is contrary to
law.
⚫
Grounds for the Filing of a Motion for
Reconsideration:
⚫ It is not sufficient to mention the ground relied upon. It is
necessary for the Motion for Reconsideration to point out
specifically the findings or conclusions of the judgment
or final order which are not supported by the evidence or
which are contrary to law, making express reference to the
testimonial or documentary evidence or to the provisions
of law alleged to be contrary to such findings or
conclusions. (Sec. 2, Rule 37)
What is the Effect of Non-Compliance
with Rule 37, Section 2?
⚫ Non-compliance with this requirement would reduce the
motion to a mere pro forma motion. Under the provisions
of Rule 37, Section 2, a pro forma motion for
reconsideration shall not toll the reglementary period of
appeal. (Victorio-Aquino v. Pacific Plans, Inc., G.R. No.
193108, December 10, 2014)
When will a Motion for Reconsideration
be deemed as Pro Forma?
⚫ A pro forma motion is one which does not satisfy the
requirements of the rules and one which will be treated
as a motion intended to delay the proceedings. (Anama v.
Court of Appeals, G.R. No. 187021, January 25, 2012)
⚫ A motion for reconsideration is deemed pro forma if the
same does not specify the findings or conclusions in the
judgment which are not supported by the evidence or
contrary to law, making express reference to the pertinent
evidence or legal provisions.
When will a Motion for Reconsideration
be deemed as Pro Forma?
⚫ It is settled that although a motion for reconsideration may
merely reiterate issues already passed upon by the court,
that by itself does not make it pro forma and such is
immaterial because what is essential is compliance with the
requisites of the Rules. (First Lepanto-Taisho Insurance v.
Chevron, G.R. No. 177839, January 18, 2012)
⚫ When the circumstances of a case do not show an intent on the
part of the pleader to merely delay the proceedings and his
motion reveals a bona fide effort to present additional matters
or to reiterate his arguments in a different light, the courts
should be slow to declare the same outright as pro forma.
(PNB v. Paneda, G.R. No. 149236, February 14, 2007)
Instances
When
a
Motion
for
Reconsideration was held to be pro forma:
⚫ The motion for reconsideration was a second motion for
reconsideration;
⚫ The motion for reconsideration did not comply with the rule
that the motion must specify the findings and conclusions
alleged to be contrary to law or not supported by evidence;
⚫ The motion for reconsideration failed to substantiate the
alleged errors;
⚫ The
motion for reconsideration merely alleged that
the
decision in question was contrary to law;
What is The “Fresh Period Rule”
or the “Neypes Rule?”
⚫ “To standardize the appeal periods provided in the Rules and
to afford litigants a fair opportunity to appeal their cases, the
Court deems it practical to allow a fresh period of 15 days
within which to file the notice of appeal in the RTC, counted
from receipt of the order dismissing a motion for new trial or
motion for reconsideration.”
⚫ This “fresh period” rule applies not only to Rule 41 governing
appeals from the RTC but also to Rule 40 governing appeals
from the MTC to the RTC; Rule 42 on petitions for review from
the RTC to the CA; Rule 43 on appeals from quasi-judicial
agencies to the CA, and Rule 45 governing appeals by certiorari
to the SC. (Neypes v. Court of Appeals, G.R. No. 141524,
September 14, 2005)
Application of the Neypes Rule
to Criminal Cases:
⚫ In Judith Yu v. Samson-Tatad, the rule in Neypes has been
held to be also applicable to criminal cases.
⚫ Central to the ruling of the Suprme Court in this case are
the provisions of B.P. 129 which provides that the period
for appeal shall be 15 days counted from the notice of the
final order, resolution, award, judgment, or decision
appealed from. This period of appeal is, by the clear tenor
of Sec. 39 applicable in “all cases” hence, covers criminal
cases as well. (Judith Yu v. Samson Tatad, G.R. No. 170979,
February 9, 2011)
What is the Remedy when the
Motion for Reconsideration is denied?
⚫ The remedy from an order denying a motion for
reconsideration is not to appeal the order of denial. The
order is not appealable. The remedy is to appeal from the
judgment or final order subject of the motion for
reconsideration. (Rule 37, Sec. 9)
What is the Effect of Granting
a Motion for Reconsideration?
⚫ If the courts grant the motion, it may amend such judgment or
final order accordingly. (Rule 37, Sec. 3)
⚫ The amended judgment is in the nature of a new judgment
which supersedes the original judgment. It is not a mere
supplemental decision which does not supplant the original
but only serves to add something to it. (Esquivel v. Alegre, G.R.
No. 79425, April 17, 1989)
⚫ However, if the court finds that a motion affects the issues of
the case as to only a part, or less than all of the matters in
controversy, or only one, or less than all of the parties to it, the
order may grant a reconsideration as to such issues if severable
without interfering with the judgment or final order upon the
rest. (Rule 37, Sec. 7.)
Rule 37:
What is the Nature of a Motion
for New Trial?
⚫ A new trial is a remedy that seeks to temper the severity of
a judgment or prevent a failure of justice. The grant of a
new trial is, generally speaking, addressed to the sound
discretion of the court, which cannot be interfered with
unless a clear abuse thereof is shown. (Ybiernas v. TancoGabaldon, G.R. No. 178925, June 1, 2011)
When to File the Motion for
New Trial?
⚫ A motion for new trial is filed within the period for
taking an appeal. (Rule 37, Sec. 1)
⚫ The period to appeal is within 15 days after notice to
the appellant of the judgment or final order appealed
from. (Rule 40, Sec. 2; Rule 41, Sec. 3; Rule 45, Sec. 2)
⚫ Where a record on appeal is required, the appellant shall
file a notice of appeal and a record on appeal within 30
days from notice of the judgment or final order. (Rule 41,
Sec. 3)
Grounds
for
the
filing
New Trial:
of
a
Motion
for
⚫ The aggrieved party may move that the trial court set aside
the judgment or final order and grant a new trial for one or
more of the following causes materially affecting the
substantial rights of said party:
⚫ Fraud, accident, mistake or excusable negligence
(FAME) which ordinary prudence could not have guarded
against and by reason of which such aggrieved party has
probably been impaired in his rights; or
⚫ Newly discovered evidence, which he could not, with
reasonable diligence, have discovered and produced at the
trial, and which if presented would probably alter the result.
(Castro v. Guevarra, G.R. No. 192737, April 25, 2012)
Newly Discovered Evidence as a
Ground for a Motion for New Trial:
⚫ Before a new trial may be granted on the ground of newly
discovered evidence, it must be shown that:
⚫ The evidence was discovered after trial;
⚫ That such evidence could not have been discovered and
produced at the trial even with the exercise of reasonable
diligence;
⚫ That it is material, not merely cumulative, corroborative, or
impeaching; and
⚫ The evidence is of such weight that it would probably
change the judgment if admitted. (Ybiernas v.
Tanco- Gabaldon, G.R. No. 178925, June 1, 2011)
What is required to be filed with the
Motion for New Trial?
⚫ A motion for new trial grounded in fraud, accident,
mistake, or excusable negligence shall be supported by an
affidavit of merit. (Rule 37, Sec. 2)
⚫ A motion
for new trial grounded in newly
discovered evidence shall be supported by:
⚫ Affidavits
of the witnesses by whom such
evidence
is
expected to be given, or
⚫ By duly authenticated documents which are proposed to be
introduced in evidence. (Rule 37, Sec. 2)
What is an Affidavit of Merit?
⚫ Under the Rules, the moving party mush show that he has a
meritorious defense. The facts constituting the movant’s good
and substantial defense, which he may prove if the petition
were granted, must be shown in the affidavit which should
accompany the Motion for New Trial. Mere allegations that
one has a “meritorious defense” and a “good cause” are mere
conclusions which do not provide the court with any basis for
determining the nature and merit of the case. (Republic v.
Sandiganbayan, G.R. No. 148154, December 17, 2007)
⚫ An affidavit of merit should state facts, and not mere opinion
or conclusions of law. (Republic v. Sandiganbayan, G.R. No.
148154, December 17, 2007)
What is the Effect of Granting
Motion for New Trial?
a
⚫ If the court grants the motion, the original judgment or
final order shall be vacated, and the action shall stand for
trial de novo. The recorded evidence taken upon the
former trial shall be used at the new trial without retaking
the same if the evidence is material and competent. (Rule
37, Sec. 6)
Is a Partial New Trial Sanctioned
by the Rules?
⚫ If the court finds that a motion affects the issues of the case as
to only a part, or less than all of the matters in controversy, or
only one, or less than all, of the parties to it, the court may
grant a new trial as to such issues if severable without
interfering with the judgment or final order upon the rest.
(Rule 37, Sec. 7) The effect of this is a partial new trial.
⚫ When there is an order for a partial new trial, the court may
either enter a judgment or final order as to the rest, or stay the
enforcement of such judgment or final order until after the
new trial. (Rule 37, Sec. 8)
Is a Second Motion for New
Trial Allowed Under the Rules?
⚫ While a second motion for reconsideration is not allowed,
a second motion for new trial is authorized by the Rules.
A motion for new trial shall include all grounds then
available. Those not so included are deemed waived.
However, when a ground for a new trial was not existing
or available when the first motion was made, a second
motion for new trial may be filed within the period
allowed but excluding the time during which the first
motion had been pending. (Rule 37, Sec. 5)
Rule 38:
What is the Nature of a Petition
for Relief from Judgment:
⚫ It is a legal remedy whereby a party seeks 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 neglect. (Quelnan v. VHF Philippines, G.R.
No.138500, September 16, 2005)
What are the Grounds for Filing
a Petition for Relief?
1.) When the judgment or final order is entered, or any
other proceeding is thereafter taken against the petitioner
in any court through fraud, accident, mistake, or
excusable negligence. (Rule 38, Sections 1 and 38,);
⚫ In this case, the petition shall be filed in such court and in
the same case (not in another or higher court). The
petition shall pray that the judgment, order or proceeding
be set aside. (Rule 38, Section 1)
What are the Grounds
for Petition for Relief?
Filing a
2.) When the petitioner has been prevented from taking an
appeal by fraud, accident, mistake, or excusable
negligence. (Rule 38, Section 2)
⚫ In this case, the petition shall likewise be filed in such
court and in the same case (not in another or higher
court) but the prayer this time is that the appeal be given
due course. (Rule 38, Section 2)
A Petition for Relief is Available Only
to the Parties in the Case.
⚫ A petition
for relief from judgment together with
motion
a
for new trial and a motion for
reconsideration are remedies available
to
only
parties in the proceedings where the assailed
judgment is rendered. In fact, it has been held that a
person who was never a party to a case or even summoned
to appear therein, cannot avail of a petition for relief from
judgment. (Cynthia Alaban v. CA, G.R. No. 156021,
September 23, 2005)
The Petition is available to proceedings
after the judgment.
⚫ A petition for relief is available not only against a
judgment or final order. It is also available when “any
proceeding is thereafter taken against the petitioner in
any court through fraud, accident, mistake, or excusable
negligence. (Rule 38, Section 1)
⚫ Thus, it was held that a petition for relief is also applicable
to a proceeding taken after the entry of judgment or final
order such as an order of execution. Rule 38 does not only
refer to judgments but also to orders, or any other
proceedings. (Bayog v. Natino, G.R. No. 118691, July 5,
1996)
When is a Petition for Relief
Filed?
⚫ The petition shall be filed within 60 days after the
petitioner learns of the judgment, final order or
proceeding and not more that 6 months after such
judgment or final order was entered, or such
proceeding was taken. (Rule 38, Section 3)
When is a Petition for Relief
Filed?
⚫ These two periods must
concur. Both periods are also not
extendible and never interrupted. Strict compliance with
these periods stems from the equitable character and
nature of the petition for relief. Indeed, relief is allowed
only in exceptional cases as when there is no other
available or adequate remedy. (dela Cruz v. Quiazon, G.R.
No. 171961, November 28, 2008)
What Must Accompany the Petition
for Relief?
⚫ The petition must be verified and must be accompanied
with affidavits showing fraud, accident, mistake or
excusable negligence relied upon, and the facts
constituting the petitioner’s good and substantial cause of
action or defense, as the case may be. (Sec. 3, Rule 38,
RoC)
May a Petition for Relief be Filed With the Supreme Court and the Court of Appeals?
⚫ There is no provision in the Rules of Court making the
petition for relief applicable in the Court of Appeals and
the Supreme Court.
⚫ If a petition for relief from judgment is not among
the remedies available in the CA, with more reason
that this remedy cannot be available in the Supreme
Court. The Supreme Court entertains only questions of
law. A petition for relief raises questions of facts on fraud,
accident, mistake, or excusable negligence, which are
beyond the concerns of the Supreme Court. (Purcon v.
MRM Philippines, Inc., G.R. No. 182718, September 26,
2008)
No Petition for Relief in
Summary Procedure and Small
⚫ In Afdal v. Carlos, (G.R.Claims.
No. 173379, December 1, 2010) the
petitioners argued that petitions for relief from judgment
in forcible entry and unlawful detainer cases can be filed
with the RTC provided that petitioners have complied
with all the requirements to entitle him to avail of such
remedy.
⚫ The Court ruled that a petition for relief from judgment in
forcible entry and unlawful detainer cases is a prohibited
pleading. The reason for such is to achieve an expeditious
and inexpensive determination of the cases subject of
summary procedure.
Rule 40 and Rule 41:
Rule 40:
Where is a Judgment or Final Order
of a Municipal Court Appealed?
⚫ An appeal from a judgment or final order of a Municipal
Trial Court may be taken to the Regional Trial Court
exercising jurisdiction over the area to which the former
pertains. (Rule 40, Sec. 1)
When to File the Appeal?
⚫ An appeal may be taken within 15 days after notice to
the appellant of the judgment or final order appealed
from. (Rule 40, Sec. 2)
⚫ 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. (Rule
40, Sec. 2)
What is the Procedure for Taking an
Appeal under Rule 40?
⚫ The appeal is taken by:
⚫ By filing a notice of appeal with the court that rendered
the judgment or final order appealed from, and by
serving a copy of the notice to the adverse party. (Rule
40, Section 3)
⚫ 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
What is the Procedure for Taking an
Appeal under Rule 40?
⚫ Within the period for taking an appeal, the appellant shall
pay to the clerk of court which rendered the judgment or
final order appealed from the full amount of the appellate
court docket and other lawful fees. Proof of payment
thereof shall be transmitted to the appellate court
together with the original record or the record on appeal,
as the case may be. (Rule 40, Section 5)
What is the Effect of Non-Payment
of Docket Fees?
⚫ The payment of docket fees within the prescribed
period is mandatory for the perfection of an appeal.
Without such payment, the appeal is not perfected. The
appellate court does not acquire jurisdiction over the
subject matter of the action and the decision sought
to be appealed from becomes final and executory.
The payment of the full amount of the docket fee is an
indispensable step for the perfection of an appeal.
(Gonzales v. Pe, G.R. No. 167398, August 9, 2011)
When is the Appeal Perfected?
⚫ 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. (Rule 40, Section 4, in relation to Rule 41, Section 9)
⚫ 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.
(Rule 40, Section 4, in relation to Rule 41, Section 9)
What is the Nature and the
Function of a Notice of Appeal?
⚫ The notice of appeal does not require the approval of the
court. Its function is merely to notify the trial court
that the appellant was availing of the right to appeal,
and not to seek the court’s permission that he be allowed
to pose an appeal. The trial court’s only duty with respect
to a timely notice of appeal is to transmit the original
record of the case to the appellate court. (Crisologo v.
Daray, A.M. No. RTJ-07-2036, August 20, 2008)
Duty of the Clerk of Court of
the Regional Trial Court:
⚫ Upon receipt of the complete record or the record on
appeal, the clerk of court of the RTC shall notify the
parties of such fact. (Rule 40, Section 7[a])
Submission of Memorandum:
⚫ Within 15 days from such notice, it shall be the duty of the
appellant to submit a memorandum, a copy of which
shall be furnished the appellee. (Rule 40, Section 7[b])
⚫ For the appellant, the filing of a memorandum is vital to
his appeal. Failure to do so shall be a ground for the
dismissal of the appeal. (Spouses Bergonia v. CA, G.R. No.
189151, January 25, 2012)
⚫ The appellee may, if he so desires, file his memorandum
within 15 days from receipt of the appellant’s
memorandum. (Rule 40, Section 7[b])
When is the Case Deemed Submitted
for Decision?
⚫ The case shall be considered submitted for decision upon
the filing of the memorandum of the appellee, or the
expiration of the period to do so. (Rule 40, Section 7[c])
Appeal from an Order Dismissing
a Case for Lack of Jurisdiction:
⚫ A case may be dismissed in the Municipal Trial Court
without a trial on the merits. This occurs for instance,
when a motion to dismiss is filed and granted in
accordance with Rule 16 of the Rules of Court. If an appeal
is taken from the dismissal by the lower court, the
Regional Trial Court may affirm or reverse it, as the case
may be.
Appeal from an Order Dismissing a
Case for Lack of Jurisdiction:
⚫ If the dismissal in the MTC is made on the ground of
lack of jurisdiction over the subject matter, and the
RTC on appeal affirms the dismissal, the action of the
latter court, if it has jurisdiction, shall not be confined
to a mere affirmation of the dismissal if it has
jurisdiction over the subject matter. Instead, the RTC
is required to try the case on the merits as if the case
was originally filed with it. (Rule 40, Section 8)
Appeal from an Order Dismissing a
Case for Lack of Jurisdiction:
⚫ If the case was tried on the merits by the lower court
without jurisdiction over the subject matter, the RTC on
appeal shall not dismiss the case if it has original
jurisdiction and shall decide the case in accordance with
the
The court may, however, admit
Rules.
amended
pleadings
andevidence
additional
in the interest of
justice. (Rule 40, Section 8)
Rule 41:
Modes of Appeal from the Regional
Trial Court to the Court of Appeals:
⚫ There are
the CA:
two modes of appeal from the RTC to
⚫ By writ of error (Ordinary Appeal) – where the
appealed judgment was rendered in a civil or criminal
actions by the RTC in the exercise of its original
jurisdiction; or
⚫ By petition for review – where the judgment was
rendered by the RTC in the exercise of its appellate
jurisdiction.
Application of Rule 41 on Ordinary
Appeal:
⚫ Rule 41 applies to appeals from the judgment or final
order of the RTC in the exercise of its original jurisdiction.
This appeal is called an “ordinary appeal.” (Rule 41, Sec.
2[a])
When to File the Appeal?
⚫ The appeal shall be taken 15 days from notice 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 from notice
of the judgment or final order. (Rule 41, Section 3)
⚫ In habeas corpus cases, the appeal shall be taken, within
48 hours from notice of judgment or final order. (Rule 41,
Section 3)
What is the Procedure for Taking an
Appeal under Rule 41?
⚫ The appeal to the CA in cases decided by the RTC in the
exercise of its original jurisdiction shall be taken by:
⚫ Filing a notice of appeal with the court which rendered the
judgment or final order appealed from; and
⚫ Serving
(Rule
a copy thereof upon the adverse party.
41, Setion 2[a])
What is the Procedure for Taking an
Appeal under Rule 41?
⚫ Within the period for taking an appeal, the appellant shall pay
to the clerk of court, which rendered the judgment or final
order appealed from, the full amount of the appellate court
docket fees. (Rule 41, Section 4)
⚫ Within 30 days after the perfection of all the appeals, the clerk
of court shall verify the correctness and completeness of the
records and if incomplete, to take such measures, certify to the
correctness of the records, to transmit the same to the appellate
court, and to furnish the parties with copies of his letter of
transmittal of the records to the appellate court. (Rule 41,
Section 10)
What is the Procedure for Taking an
Appeal under Rule 41?
⚫ Upon receiving the original record on appeal and the
accompanying documents transmitted by the lower court,
as well as the proof of payment of the docket and other
lawful fees, the clerk of court of the Court of Appeals shall
docket the case and notify the parties. (Rule 44, Section
4)
⚫ Within 45 days from receipt of the notice of the clerk of
court, the appellant shall file a brief with proof of service
upon the appellee. (Rule 44, Section 7)
What is the Procedure for Taking an
Appeal under Rule 41?
⚫ Within 45 days from the receipt of the appellant’s brief, the
appellee shall file his own brief with proof of service to the
appellant. (Rule 44, Section 8)
⚫ Within
20 days from receipt of the appellee’s brief,
appellant may file a reply brief answering points in the
appellee’s brief not covered in his main brief. (Rule 44, Section
the
9)
⚫ Extension of time for the filing of briefs will not be allowed,
except for good and sufficient cause and only if the motion for
extension is filed before the expiration of the time sought to be
extended. (Rule 44, Section 12)
When is the appeal
deemed perfected?
⚫ 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.
⚫ 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. (Rule 41, Section 9)
What is the Doctrine of
Residual Jurisdiction?
⚫ It refers to the authority of the trial court to:
⚫ 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 Rule 9, Sec. 2;
⚫ Allow withdrawal of the appeal, provided these are done
prior to the transmittal of the original record or the record
on appeal even if the appeals have already been perfected
despite the approval of the record on appeal. (Rule 41 ,
Section 9)
What is the Doctrine of
Residual Jurisdiction?
⚫ The concept of residual jurisdiction of the trial court is
available at a stage in which the court is normally deemed
to have lost jurisdiction over the case or the subject matter
involved in the appeal. There is no residual jurisdiction to
speak of where no appeal or petition has even been filed.
(Angeles v. CA, G.R. No. 178733, September 15, 2014)
Rule 42:
When to File the Appeal?
⚫ The appeal shall be made 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.
⚫ The court may grant an additional period of 15 days, provided
that the extension is sought:
⚫ Upon motion; and
⚫ 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.
⚫ No further extension shall be granted except for the most
compelling reason and in no case to exceed 15 days. (Rule 42,
Section 1)
What is the Procedure for Taking an
Appeal under Rule 42?
⚫ The appeal is made by filing a verified petition for review
with the CA, paying at the same time to the clerk of the
said court the corresponding docket and other lawful fees,
depositing the amount of PhP 500 for costs, and
furnishing the RTC and the adverse party with a copy of
the petition. (Rule 42, Section 1)
What is the Procedure for Taking an
Appeal under Rule 41?
⚫ The petition shall be filed in 7 legible copies, with the
original copy intended for the court, and shall state the
following:
⚫ Full names of the parties in the case;
⚫ Material dates showing that it was filed on time;
⚫ Concise statements of the matters involved, issues raised,
specification of errors of law or fact allegedly committed by
the trial court;
⚫ Arguments relied upon for the allowance of the appeal.
(Rule 42, Section 2)
When is the Appeal Perfected?
⚫ The appeal is perfected as to the petitioner upon the
timely filing of a petition for review and the payment of
the corresponding docket, and other lawful fees. (Rule 42,
Section 8[a])
Action of the Court of Appeals:
⚫ The CA may dismiss the petition if it finds the same to be
patently without merit, prosecuted merely for delay, or
that the questions raised are too unsubstantial to require
consideration. (Rule 42, Section 4)
⚫ If the court does not dismiss the petition, it may require
the respondent to file a comment on the petition within
10 days from notice. The respondent shall file a comment,
not a motion to dismiss (Rule 42, Section 4)
Action of the Court of Appeals:
⚫ If the CA makes a prima facie finding that the lower court
has committed an error of fact or law that will warrant a
reversal or modification of the appealed decision, it may
accordingly give due course to the petition. (Rule 42,
Section 9)
⚫ If the petition is given due course, the CA may set the case
for oral argument or require the parties to submit their
memoranda within a period of 15 days from notice. The
case shall be deemed submitted for decision upon the
filing of the last pleading or memorandum required. (Rule
42, Section 9)
Does the Doctrine of Residual
Jurisdiction Apply to an Action Under
Rule 42?
⚫ The doctrine of residual jurisdiction also applies to
Rule 42. The RTC may exercise it’s residual jurisdiction
provided that it does before the CA gives due course to
the petition.
Does the Action Filed Stay
the Judgment Appealed From?
⚫ Except in civil cases decided under the Rules on Summary
Procedure, the appeal, as a rule, shall stay the judgment
or final order, unless the CA, the law, or the rules shall
provide otherwise. (Rule 42, Section 8[b])
Rule 43:
Appeals
from
QuasiJudicial Bodies:
⚫ Appeals from judgments and final orders of quasi-judicial
bodies/agencies are now required to be brought to the
Court of Appeals under the requirements and conditions
set forth in Rule 43. This rule was adopted precisely to
provide a uniform rule of appellate procedure from quasijudicial bodies. (Carpio v. Sulu Resource Dev. Corp., G.R.
No. 148267, August 8, 2012)
⚫ The appeal shall not stay the award, judgment, final order
or resolution sought to be reviewed unless the Court of
Appeals shall direct otherwise upon such terms as it may
deem just. (Rule 43, Section 12)
How Appeal Should be Taken?
⚫ The appeal under Rule 43 may be taken to the Court of
Appeals, whether the appeal involves a question of fact, a
question of law, or mixed questions of fact and law. (Rule
43, Section 3)
⚫ The appeal shall be taken by filing a verified petition for
review with the Court of Appeals, within 15 days from
notice. (Rule 43, Sections 4 and 5)
Review of Decisions of the NLRC:
⚫ The remedy of a party aggrieved by the decisions of the
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 hierarchy of courts, the
petition for certiorari should be filed with the Court of
Appeals (St. Martin Funeral Homes v. NLRC, G.R. No.
130866, September 16, 1998)
Appeals from the Sandiganbayan:
⚫ Decisions and final orders of the Sandiganbayan shall be
appealable to the Supreme Court by way of certiorari
under Rule 45 raising only pure questions of law. (People v.
Espinosa, G.R. Nos. 153714-20, August 15, 2003)
Review of the Rulings of the Office
of the Ombudsman:
⚫ In Administrative Disciplinary Cases:
⚫ Appeals from the decisions of the Ombudsman in
administrative disciplinary actions should be brought to
the Court of Appeals under Rule 43.
⚫ The provisions of R.A. No. 6770, Section 27 (The
Ombudsman Act of 1987) insofar as it allowed a direct
appeal to the SC was declared invalid in Fabian v. Desierto
because the statute, being one which increased the
appellate jurisdiction of the SC, was enacted without the
advice and concurrence of the Court.
Review of the Rulings of the Office
of the Ombudsman:
⚫ Although as a consequence of Fabian v. Desierto, appeals
from the Ombudsman in administrative cases are now
cognizable by the Court of Appeals, nevertheless in cases
in which it is alleged that the Ombudsman has acted with
grave abuse of discretion amounting to lack or excess of
jurisdiction, a special civil action of certiorari under Rule
65 may be filed with the Supreme Court to set aside the
Ombudsman’s order or resolution (Belongilot v. Cua, G.R.
No. 160933, November 24, 2010)
Review of Rulings of the Office of the
Ombudsman:
⚫ In Criminal Cases:
⚫ The
ruling of the Ombudsman shall be elevated to the
Supreme Court by way of a petition for certiorari under Rule
65. The Supreme Court’s power of review over resolutions
and orders of the Office of the Ombudsman is restricted
only 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 but a petition for certiorari under Rule 65.
Appeals from the Judgments of
the Court of Tax Appeals:
⚫ A party adversely affected by a resolution of a Division of
the CTA may file a petition for review with the CTA en
banc. (Lascona Land Co. v. CIR, G.R. No. 171251, March 5,
2012)
⚫ A party adversely affected by a decision or ruling of the
CTA en banc may file with the Supreme Court a verified
petition for review on certiorari pursuant to Rule 45 of the
Rules of Court. (Lascona Land Co. v. CIR, G.R. No. 171251,
March 5, 2012
Review of Judgments of
the Commission on Elections:
⚫ A judgment,
or final order of
Commission on
resolution,
may be
the
Elections
brought
aggrieved party to the Supreme
Court on certiorari
by
under Rule 65 by filing the petition within 30the
days
from notice. (Rule 64, Sections 2 and 3)
Review of Judgments
Commission on Elections:
the
of
⚫ The Review of the Supreme Court is limited only to the
jurisdictional issue of whether the Comelec acted without
or in excess of jurisdiction, or with grave abuse of
discretion amounting to lack or excess of jursidiction.
Findings of fact of the commission, supported by
substantial evidence, shall be final and nonreviewable. In exceptional cases, however, when the
action of the Comelec on the appreciation and evaluation
of evidence oversteps the limits of its discretion to the
point of being grossly unreasonable, the Court is not only
obliged but has the constitutional duty to intervene.
(Mitra v. Comelec, G.R. No. 191938, July 2, 2010)
Review of Judgments of
the Commission on Audit:
⚫ A judgment, resolution or final order of the Commission
on Audit may be brought by the aggrieved party to the
Supreme Court on certiorari under Rule 65 by filing the
petition within 30 days from notice. (Rule 64, Sections 2
and 3)
Appeals from judgments of
the Civil Service Commission:
⚫ A judgment, final order or resolution of the Civil Service
Commission may be taken to the Court of Appeals under
Rule 43 of the Rules of Court. The appeal shall be taken
within 15 days from notice. (Rule 43, Sections 1, 3, and 4)
Rule 45:
Application of Rule 45:
⚫ Appeal by certiorari to the Supreme Court, also
commonly known as petition for review on certiorari
applies in the following cases:
⚫ Appeal from a judgment or final order of the RTC in cases
where only questions of law are raised or are involved, and
the case is one decided by the said court in the exercise of
its original jurisdiction;
⚫ Appeal from the judgment, final order, or resolutions of the
CA where the petition shall raise only questions of law
distinctly set forth;
Application of Rule 45:
⚫ Appeal from the decision or ruling of the CTA en banc;
⚫ Appeals from a judgment or final order in a petition for a
writ of amparo to the SC. While in other cases of appeal
under Rule 45, only questions of law may be raised, here,
the questions raised need not only be questions of law but
also questions of fact or of both law and fact.
⚫ Appeals from a judgment or final order in a petition for a
writ of Habeas Data. The appeal may raise questions of fact
or law or both.
Application of Rule 45:
⚫ The mode of appeal prescribed under Rule 45 shall be
applicable to both civil and criminal cases, except in
criminal cases where the penalty imposed is death,
reclusion perpetua or life imprisonment. (Rule 45, Section
9)
Applicability of Provisional Remedies
in a Petition for Review
on Certiorari:
⚫ The petition for review on certiorari under Rule 45 may
include an application for a writ of preliminary injunction
or other provisional remedies. The petitioner may seek
the same provisional remedies by a verified motion filed
in the same action or proceeding at any time during its
pendency. (Rule 45, Section 1, as amended by A.M. No. 077-12 SC)
Review under Rule 45 not a
Matter of Right:
⚫ Every appeal to the Supreme Court is not a matter of
right but of sound judicial discretion with the
exception of cases where the penalty of
or
death
reclusion perpetua, where an appeal is a matter of right
leaving the reviewing court without any discretion.
(People v. Flores, G.R. No. 170565, January 31, 2007)
Review under Rule 45 not a
Matter of Right:
⚫ The following are some examples of reasons which the
Court may consider in allowing the petition:
⚫ When the court below has decided a question of substance
not yet determined by the Supreme Court;
⚫ When the court below decided a question of substance in a
way that is probably not in accord with law or with the
applicable decisions of the Supreme Court;
⚫ When the court below has departed from the accepted and
usual course of judicial proceedings, or so far sanctioned
such departure by a lower court, as to call for the exercise of
the power of supervision of the Supreme Court. (Rule 45,
Section 6)
Questions of Law vs. Questions
of Fact
⚫ A question of law arises when there is doubt as to what the law
is on a certain state of facts, while there is a question of fact
when the doubt arises as to the truth or falsity of the alleged
fact. (Far Eastern Surety Company v. People, G.R. No. 170618,
November 20, 2013)
⚫ The test of whether a question is one of law or of fact is not the
appellation given to such question by the party raising the
same; rather it is whether the appellate court can determine
the issue raised without reviewing or evaluating the evidence,
in which case, it is a question of law; otherwise, it is a question
of fact. (Piedras Negras Construction Corporation vs. Fil-Estate
Properties, Inc., G.R. No. 211568, January 28, 2015)
Findings of Facts are not
Ordinarily Reviewed.
⚫ In the exercise of its power of review, the Supreme Court
is not a trier of facts and is not the proper forum for the
ventilation and substantiation of issues. Unless there are
excepting circumstances, it does not routinely undertake
the re-examination of the evidence presented by the
contending parties during the trial of the case. (Land
Bank of the Philippines v. Spouses Costo, G.R. No. 174647,
December 5, 2012.)
When may Questions of Facts
be Passed Upon in a Rule 45
⚫ Questions of fact may be raised in an appeal under Rule
Petition?
45 provided that the petition shows any, or all of
the following:
⚫ The conclusion of the lower court is grounded entirely on
speculations, surmises, and conjectures;
⚫ The inference
made is manifestly mistaken,
absurd
or impossible;
⚫ There is grave abuse of discretion;
⚫ The judgment is based on misapprehension of facts;
⚫ The findings of facts are conflicting;
⚫ The lower court, in making its findings went beyond the
issues of the case and the same is contrary to the admissions
When may Questions of Facts
Passed upon in a Rule
be 45 Petition?
⚫ The findings of fact of the Court of Appeals are contrary to
those of the trial court;
⚫ The
findings of fact are conclusions without
citation of specific evidence on which they are based;
⚫ The facts set forth in the petition as well as in the petitioner’s
main and reply briefs are not disputed by the respondents; or
⚫ The findings of the lower Court are premised on the
supposed evidence and contradicted by the evidence on
record. (Co v. Vargas, G.R. No. 195167, November 16, 2012)
Certiorari under Rule 45
vs. Certiorari under Rule 65.
Certiorari under Rule 45
Certiorari under Rule 65
A mode of appeal.
A special civil action that is an original
action and not a mode of appeal.
A continuation of the appellate process
over the original case.
Seeks to review final judgments or final
orders.
Not a part of the appellate process but
an independent action.
May be directed against an
interlocutory order or matters where no
appeal may be taken from.
Raises a question of law.
Raises a question of jurisdiction
because a tribunal, board or officer
exercising judicial or quasi-judicial
functions has acted without jurisdiction
or in excess of jurisdiction or with grave
abuse of discretion amounting to lack
of jurisdiction.
Certiorari under Rule 45
vs. Certiorari under Rule 65.
Certiorari under Rule 45
Certiorari under Rule 65
Shall be filed within 15 days from notice Shall be filed not later than 60 days
of judgment or final order or
from notice of judgment, order or
resolution appealed from.
resolution sought to be assailed and in
case a motion for reconsideration or
new trial is timely filed, whether such
motion is required or not, the 60 day
period shall be counted from notice of
denial of said motion.
Does not require a prior motion
for reconsideration
As a general rule, a prior motion for
reconsideration is required.
Certiorari under Rule 45
vs. Certiorari under Rule 65.
Certiorari under Rule 45
Certiorari under Rule 65
Stays the judgment appealed from.
Does not stay the judgment or order
subject of the petition unless enjoined
or restrained.
The parties are the original parties with
the appealing party as the petitioner
and the adverse party as respondent
without impleading the lower court or
its judge.
The tribunal, board or officer exercising
judicial or quasi-judicial function is
impleaded as respondent.
Filed with the Supreme Court.
Certiorari as a special civil action is filed
with the RTC, the CA, or with the SC.
When to File the Appeal?
⚫ 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 trial or
for
motion
reconsideration
filed in due time. (Rule 45, Section 2)
When to File the Appeal?
⚫ The Supreme Court may, for justifiable reasons grant
an extension of 30 days only within which to file the
petition provided:
⚫ There is a motion for extension of time duly filed and
served;
⚫ There is full payment of the docket and other lawful fees
and the deposit for costs; and
⚫ The motion is filed and served and the payment is made
before the expiration of the reglementary period. (Rule
45, Section 2)
Rule 47:
What is the Nature of a Petition
for Annulment of Judgment?
⚫ An action for annulment of judgment is a remedy in law independent of the case
where the judgment sought to be annulled was rendered. The purpose of such action
is to have the final and executory judgment set aside so that there will be a renewal of
litigation. It is resorted to
in cases where the ordinary remedies of new trial,
appeal, or other appropriate remedies are no long
available through no fault of the petitioner. (Pinausukan
Seafood House v. BPI, G.R. No. 159926, January 20, 2014)
What is the Nature of a Petition
for Annulment of Judgment?
⚫ Before a party can avail of the reliefs provided for by Rule
47, it is a condition sine qua non that one must have failed
to move for new trial in, or appeal from, or file a petition
for relief against said issuances or take other appropriate
remedies thereon, through no fault attributable to
him. If he failed to avail of those cited remedies
without sufficient justification, he cannot resort to
the action for annulment provided in Rule 47, for
otherwise, he would benefit from his own inaction or
negligence. (Pinausukan Seafood House v. BPI, G.R. No.
159926, January 20, 2014)
How is the action commenced?
⚫ The action is commenced by the filing of a verified
petition with the proper court. If it is the judgment or
final order of the RTC which is sought to be annulled,
then the action shall be filed in the CA. (Rule 47,
Section 1)
⚫ If it is that of an MTC, the verified petition shall be
filed in the RTC having jurisdiction over the MTC.
(Rule 47, Section 10)
Grounds for Annulment:
⚫ A petition for annulment of judgment is an extraordinary
action. By virtue of its exceptional character, the action is
restricted exclusively to the grounds specified in the rules,
namely:
⚫ Extrinsic fraud; and
⚫ Lack of jurisdiction.
⚫ The rationale for the restriction is to prevent the extraordinary
action from being used by a losing party to make a complete
farce of a duly promulgated decision that has long become
final and executory. (Republic v. TAFPA, G.R. No. 165333,
February 9, 2010)
Extrinsic Fraud as a Ground
Annulment:
for
⚫ An action to annul a judgment on the ground of fraud lies
only if the fraud is extrinsic or collateral in character.
Fraud is regarded as extrinsic where it prevents a party
from having a trial or from presenting his entire case to
the court, or where it operates upon matters pertaining
not to the judgment itself but to the manner in which it
was procured. The overriding consideration when
extrinsic fraud is alleged is that the fraudulent scheme of
the prevailing litigant preventing a party from having his
day in court. (De Pedro v. Romasan Development, G.R. No.
194751, November 26, 2014)
Extrinsic Fraud as a Ground
for Annulment:
⚫ Extrinsic fraud shall not be a valid ground if it was availed
of, or could have been availed of, in a motion for new trial
or petition for relief. (Rule 47, Section 2)
Is Forgery or Perjury a Ground
for the Annulment of Judgment?
⚫ The use of forged instruments or perjured testimonies
during trial is not an extrinsic fraud. Such evidence does
not preclude a party’s participation in the trial.
(Villanueva v. Viloria, G.R. No. 155804, March 15 2008)
⚫ Likewise, offering manufactured evidence is intrinsic and
not extrinsic fraud. Intrinsic fraud is not sufficient to
annul a judgment. (Conde v. IAC, G.R. No. 70443,
September 15, 1996)
Lack of Jurisdiction as a Ground
for Annulment of Judgment:
⚫ Lack of jurisdiction as a ground for annulment of judgment
refers to either lack of jurisdiction over the person of the
defending party or over the subject matter of the claim. Where
the court has jurisdiction over the defendant and over the
subject matter of the case, its decision will not be voided on
the ground of absence of jurisdiction. (Spouses Manila v.
Spouses Manzo, G.R. No. 163602, September 7, 2011)
⚫ The petitioner must show not a mere grave abuse of discretion
but an absolute lack of jurisdiction. The concept of lack of
jurisdiction as a ground to annul a judgment does not embrace
abuse of discretion. (Antonino v. Register of Deeds, G.R. No.
185663, June 20, 2012)
When to File the Action?
⚫ If the ground for the petition is extrinsic fraud, the action
must be filed within 4 years from its discovery. (Rule 47,
Section 3)
⚫ If the ground for the petition is lack of jurisdiction, the
action must be brought before it is barred by laches or
estoppel. (Rule 47, Section 3)
Who may File the Action?
⚫ The petitioner need not be a party to the judgment sought to
be annulled. What is essential is that petitioner is one who can
prove his allegation that the judgment was obtained by the use
of fraud and collusion and that he was affected thereby.
(Alaban v. CA, G.R. No. 156021, September 23, 2005)
⚫ An action for annulment of judgment can be filed by one who
was not a party to the action in which the assailed judgment
was rendered. It is a remedy in law independent of the case
where the judgment sought to be annulled is promulgated.
(PTA v. Philippine Golf, Inc., G.R. No. 176628, March 19, 2012)
An Action for Annulment of A Judgment is Treated as an Ordinary Civil Action.
⚫ An action for annulment of a judgment, although treated
as an ordinary civil action, departs from the usual norm
because the court, upon filing of the petition may make
an outright dismissal of the petition as long as it has
specific reasons for its dismissal. This dismissal may be
made even before summons is served. It is only when the
court finds a prima facie merit in the petition shall
summons be served on the respondent. (Rule 47, Section
5)
Effect of a Judgment of Annulment:
⚫ A judgment of annulment based on lack of jurisdiction shall
have the effect of setting aside the questioned judgment or
final order and rendering the same null and void but the
judgment of annulment is without prejudice to the re-filing of
the original action in the proper court. (Rule 47, Section 8)
⚫ The prescriptive period for the re-filing of the original action
shall be deemed suspended from the filing of such original
action until the finality of the judgment of annulment. This
prescriptive period shall not, however, be suspended where the
extrinsic fraud is attributable to the plaintiff in the original
action. (Rule 47, Section 8)
Effect of a Judgment of Annulment:
⚫ Where the judgment or final order is set aside and
annulled on the ground of extrinsic fraud, the court upon
motion, may order the trial court to try the case as if a
motion for new trial was granted. (Rule 47, Section 7)
⚫ Aside from the setting aside of the judgment or final order
and other effects, the judgment of annulment may
include the award of damages, attorney’s fees and other
relief. (Rule 47, Section 9)
What is
Remedy when
Questioned
Judgment
has
the
the
Already been Executed?
⚫ If the questioned judgment, final order or resolution
had already been executed, the court may issue such
orders of restitution or other reliefs as justice and
equity may warrant under the circumstances. (Rule
47, Section 9)