Original Action
46
Nature
Rule 46 of the Rules of Court provides guidelines for original cases
filed in the Court of Appeals, outlining the procedures for petitions
in cases such as certiorari, prohibition, mandamus, and quo
warranto.
Contents
Full names and actual addresses of all the petitioners and respondents, a
concise statement of the matters involved, the factual background of the
case, and the grounds relied upon for the relief prayed for. CNFS
Requirements
Action of the Court
Acquiring Jurisdiction: Service on him of its order or resolution
indicating its initial action on the petition or by his voluntary
submission to such jurisdiction.
Can dismiss the petition outright with specific reasons for such
dismissal or require the respondent to file a comment on the same
within ten (10) days from notice. Only pleadings required by the court
shall be allowed. All other pleadings and papers may be filed only with
leave of court. When no comment is filed by any of the respondents,
the case may be decidedon the basis of the record, without prejudice
to any disciplinary action which the court may take against the
disobedient party.
Outcome
SC Case Applicability
Appeal to SC
For Original Cases to the SC Rule 46 and 56 will apply
x
Whenever necessary to resolve factual issues, the court itself may
conduct hearings thereon or delegate the reception of the evidence on
such issue to any of its members or to an appropriate court, agency or
office.
Annulment Judgment Effects: A judgment of annulment nullifies the
questioned judgment, order, or resolution, rendering it void. This
allows the original action to be refiled in the appropriate court.
Grounds for Annulment: If the annulment is based on extrinsic fraud,
the court may order the trial court to retry the case, treating the
situation as if a timely motion for a new trial had been granted.
47
Should the court find no substantial merit in the petition, it may be
The annulment may be based only on the grounds of extrinsic
dismissed outright with specific reasons for such dismissal.
Annulment of judgement by Court of Appeals reviews judgments or
fraud and lack of jurisdiction.
Verified petition alleging therein with particularity the facts and the law
final orders and resolutions in civil actions of Regional Trial Courts
Extrinsic fraud shall not be a valid ground if it was availed of, or
Should prima facie merit be found in the petition, the same shall be
relied upon for annulment, as well as those supporting the petitioner's good
for which the ordinary remedies of new trial, appeal, petition for
could have been availed of, in a motion for new trial or petition
given due course and summons shall be served on the respondent."
and substantial
relief, or other appropriate remedies are no longer available
for relief. If based on extrinsic fraud, the action must be filed
cause of action or defense. CONFS
through no fault of the petitioner.
within four (4) years from its discovery; and if based on lack of
Procedure in ordinary civil cases shall be observed. Should trial be
jurisdiction, before it is barred by laches or estoppel.
necessary, the reception of the evidence may be referred to a member
of the court or a judge of a Regional Trial Court.
Filing Location: Actions to annul a judgment or final order from a
Municipal Trial Court must be filed in the Regional Trial Court that has
jurisdiction over the area where the original court is located. These
actions are treated as ordinary civil cases.
Potential Awards in Judgment: The annulment judgment can include
awards for damages, attorney's fees, and other relief deemed
necessary.
x
Restitution for Executed Judgments: If the annulled judgment had
already been executed, the court can issue orders for restitution or
other relief as deemed just and equitable under the circumstances.
Suspension of Prescriptive Period: The time limit for refiling the
original action is suspended from the filing date of the original action
until the finality of the annulment judgment. However, this suspension
does not apply if the extrinsic fraud was committed by the plaintiff in
the original action.
(a) To consider the possibility of an amicable settlement, except when the
case is not allowed by law to be compromised
(b) To define, simplify and clarify the issues for determination;
(c) To formulate stipulations of facts and admissions of documentary
exhibits, limit the number of witnesses to be presented in cases falling
within the original jurisdiction of the court, or those within its appellate
jurisdiction where amotion for new trial is granted on the ground of newly
discovered evidence; and
(d) To take up such other matters which may aid the court in the prompt
disposition of the case. (Rule 7, CA Internal Rules) (n)
48
Preliminary conference. — At any time during the pendency of a
case, the court may call the parties and their counsel to a
preliminary conference.
49
Oral Argument at the court's instance or upon motion of a party, the
The oral argument shall be limited to such matters as the court may specify
court may hear the parties in oral argument onthe merits of a case,
in its order or resolution.
or on any material incident in connection therewith.
50
(a) Failure of the record on appeal to show on its face that the appeal was
taken within the period fixed by these Rules;
(b) Failure to file the notice of appeal or the record on appeal within the
period prescribed by these Rules;
(c) Failure of the appellant to pay the docket and other lawful fees as
provided in section 5, Rule 40 and section 4 of Rule 41; (Bar Matter No.
803, 17 February 1998)
(d) Unauthorized alterations, omissions or additions in the approved record
on appeal as provided in section 4 of Rule 44;
(e) Failure of the appellant to serve and file the required number of copies
of his brief or memorandum within the time provided by these Rules;
(f) Absence of specific assignment of errors in the appellant's brief, or of
page references to the record as required in section 13, paragraphs (a),
(c), (d) and (f) of Rule 44;
(g) Failure of the appellant to take the necessary steps for the correction or
completion of the record within the time limited by the court in its order;
(h) Failure of the appellant to appear at the preliminary conference under
Rule 48 or to comply with orders, circulars, or
directives of the court without justifiable cause; and
(i) The fact that the order or judgment appealed from is not appealable.
An appeal may be dismissed by the Court of Appeals, on its own
motion or on that of the appellee
A. In ordinary appeals:
1) Where no hearing on the merits of the main case is held, the
case concludes upon the filing of the last 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 a hearing is held, the case concludes upon its
termination or 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.
51
B. In original actions and petitions for review:
1) Where no comment is filed, the case concludes upon the
expiration of the period to comment.
2) Where no hearing is held, the case concludes upon the filing of
the last pleading required or permitted to be filed by the court, or
the expiration of the period for its filing.
3) Where a hearing on the merits of the main case is held, the case
concludes upon its termination or 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.
Binding effect of the results of the conference. — Subject to such
modifications which may be made to prevent manifest injustice, the
resolution in the preceding section shall control the subsequent
proceedings in the case unless, within
five (5) days from notice thereof, any party shall satisfactorily show
valid cause why the same should not be followed.
The proceedings at such conference shall be recorded and,
upon the conclusion thereof, a resolution shall be issued
embodying all the actions taken therein, the stipulations and
admissions made and the issues defined.
Motions shall not be set for hearing and, unless the court otherwise
Unless authorized by the court, only one counsel may argue for
directs, no hearing or oral argument shall be allowed in support
a party. The duration allowed for each party, the sequence of
thereof. The adverse party may file objections to the motion within five
the argumentation, and all other related matters shall be as
(5) days from service, upon the expiration of which such motion shall
directed by the court.
be deemed submitted for resolution.
Dismissal of improper appeal to the Court of Appeals. — An
appeal under Rule 41 taken from the Regional Trial Court to
the Court of Appeals raising only questions of law shall be
dismissed, issues purely of law not being reviewable by said
court. Similarly, an appeal by notice of appeal instead of by
petition for review from the appellate judgment of a Regional
Trial Court shall be dismissed.
YES (whether in original cases or appealed cases)
Yes
YES Original Cases
An appeal may be withdrawn as of right at any time before the filing of
the appellee's brief. Thereafter, the withdrawal may be allowed in the
discretion of the court.
x
The 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.
No error which does not affect the jurisdiction over the subject matter or the
validity of the judgment appealed from or the proceedings therein will be
considered unless stated in the assignment of errors,
or closely related to or dependent on an assigned error and properly
argued in the brief, save as the court may pass upon plain errors and
clerical errors.
The 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.
52
A party may file a motion for reconsideration of a judgment or final
resolution within fifteen (15) days from notice thereof, with proof of
service on the adverse party.
No second motion for reconsideration of a judgment or final
resolution by the same party shall be entertained.
53
At any time after the appeal from the lower court has been
perfected and before the Court of Appeals loses jurisdiction over
the case, a party may file a motion for a new trial on the ground of
newly discovered evidence which could not have been discovered
prior to the trial in the court below by the exercise of due diligence
and which is of such a character as would probably change the
result. The motion shall be accompanied by affidavits showing the
facts constituting the grounds therefor and the newly discovered
evidence.
The Court of Appeals shall consider the new evidence together
with that adduced at the trial below, and may grant or refuse a
new trial, or may make such order, with notice to both parties,
as to the taking of further testimony, either orally in court, or by
depositions, or render such other judgment as ought to be
rendered upon such terms as it may deem just.
If no appeal or motion for new trial or reconsideration is filed within the
time provided in these Rules, the judgment or final resolution shall
forthwith be entered by the clerk in the book of entries of judgments.
The date when the judgment or final resolution becomes executory
shall be deemed as the date of its entry. The record shall contain the
dispositive part of the judgment or final resolution and shall be signed
by the clerk, with a certificate that such judgment or final resolution
has become final and executory.
YES Divisions of 5 (if its an original case they could not reach
a vote dismiss na, if on appeal and they could not reach a
vote, the decision in lower court will stand affirm)
The pendency of a motion for reconsideration filed on time and by the
In the Court of Appeals, a motion for reconsideration shall be resolved
proper party shall stay the execution of the judgment or final resolution
within ninety (90) days from the date when the court declares it
sought to be reconsidered unless the court, for good reasons, shall
submitted for resolution.
otherwise direct.
YES (Motion for New Trial is not allowed except when they
excercise discretion)
All three justices in a division must participate in discussions.
A unanimous vote from all three justices is needed to make a final
decision.
If they don't all agree, the dissenting justices' votes are recorded, and
the case is passed to the Presiding Justice.
The Presiding Justice will add two more justices, selected randomly, to
create a special division of five justices.
All five justices must participate in the new discussion.
A majority of the five (at least three justices) must agree to make a
decision.
In the Court of Appeals, a motion for new trial shall be resolved within
ninety (90) days from the date when the court declares it submitted for
resolution. The procedure in the new trial shall be the same as
that granted by a Regional Trial Court.
Yes
Yes