RULE 40 APPEAL FROM MTC TO RTC 1. Appeal from judgment judgment or final order of MTC taken taken to RTC exercising exercising jurisdiction jurisdiction over over the area to which MTC pertains. pertains. File notice of appeal appeal with the MTC which rendered decision appealed from within 15 days after notice of such judgment. 2. Record on on appeal appeal is filed filed within 30 days days and required required only for special proceedin proceedings gs 3. Appe Appell llat ate e dock docket et fees fees paid paid to clerk clerk of cour courtt of MTC - paym paymen entt not not a cond condit itio ion n precedent for perfection of appeal but must nonetheless be paid within the period for taking appeal; 4. Procedure for appeal appeal from cases dismissed dismissed without without trial trial for lack lack of jurisdiction: jurisdiction: a. If affirmed affirmed becau because se the MTC MTC has no jurisdi jurisdictio ction, n, RTC will try case case on the merits merits as if it has original jurisdiction; jurisdiction; b. If reverse reversed, d, the the case shal shalll be remand remanded ed to the the MTC; c. If the first first level level court court tried tried the the case on the merits merits withou withoutt juris jurisdi dicti ction on,, the RTC RTC shou should ld not not dismis dismiss s the the case case but but shall shall decid decide e it in the exercis exercise e of origi origina nall jurisdiction. jurisdiction. RULE 41 APPEAL FROM THE RTC 1. Appeal Appeal may be taken taken from a judgment judgment or final final order that that completely completely dispose disposes s of the case or of a particular matter therein. 2. No app appea eall may may be taken taken from: from: a. Order Order denying denying a motion motion for for new trial trial or or recon; recon; b. Order Order denyin denying g a petit petition ion for relief relief or any any simila similarr motio motion n seeking seeking relief relief from from judgment; judgment; c. Inte Interl rloc ocut utor ory y ord order er;; d. Order Order disallo disallowing wing or dismi dismissin ssing g an appeal; appeal; e. Orde Orderr deny denyin ing g a moti motion on to set set asid aside e a judg judgme ment nt by cons consen ent, t, conf confes essi sion on,, compromise on the ground of fraud, mistake, or duress, or any other ground vitiating consent; f.
Orde Orderr of exec execut utio ion; n;
Not appealable appealable because execution execution is only the result of the judgment. If order of execution is not in accord with the dispositive portion, remedy is certiorari under Rule 65.
g. Judg Judgme ment nt or fina finall orde orderr for for or again against st one or more more of seve severa rall part partie ies s or in separate claims, while the main case is pending, unless the court allows an appeal therefrom; h. Order Order dismissin dismissing g an actio action n withou withoutt prejudi prejudice; ce;
In all these cases, aggrieved party may file an appropriate civil action under Rule 65.
3. Ordinary Ordinary appea appeall from RTC (in the exercis exercise e of original original jurisdic jurisdiction tion)) to CA is by filing notice of appeal appeal with the RTC within 15 days from notice of of its judgment. Record on appeal required only for special proceedings and where multiple appeals allowed filed within 30 days. 4. Moti Motion on for for exte extens nsio ion n of time time to file file a moti motion on for for new new tria triall or reco recons nsid ider erat atio ion n is prohibited. 5. Conte Contents nts of Noti Notice ce on on appe appeal: al:
a. Names of the parties to the appeal; b. Specify judgment or final order or part thereof appealed from; c. Court to which the appeal is being taken; d. Material dates showing timeliness of appeal; 6. Contents of Record on appeal: a. Full names of all parties to the proceedings shall be stated in the caption; b. Include judgment or final order from which appeal taken; c. In chronological order, copies of only such pleadings, petitions, etc. and all interlocutory orders as are related to the appealed judgment; d. Data showing that appeal perfected in time - material data rule; e. If an issue of fact is to be raised, include by reference all the evidence, oral or documentary, taken upon the issues involved. 7. Appeal from decision of RTC in appellate jurisdiction is by petition for review filed with CA. 8. Where only questions of law are raised, by petition for review on certiorari with SC. 9. Notice of Appeal and Record of Appeal distinguished: Notice of Appeal
Record of Appeal
Party’s appeal by notice of appeal deemed perfected as to him upon the filing of the notice of appeal in due time
Deemed perfected as to appellant with respect to the subject matter upon the approval of the record on appeal filed in due time
Court loses jurisdiction over case upon perfection of the appeals filed in due time and expiration of time to appeal of other parties
Court loses jurisdiction only over subject matter upon approval of records on appeal filed in due time and expiration of the time to appeal of other parties.
10. Failure to pay appellate docket fees within the reglamentary period is ground for dismissal of appeal. 11. General Rule: An ordinary appeal stays the execution of a judgment Exceptions: a. Decisions of quasi-judicial body appealed to the CA b. Executions pending appeal c. Cases covered by Summary Procedure RULE 42 PETITION FOR REVIEW FROM 1.
THE
RTC TO THE CA
Form and contents of petition for review (from RTC to CA) In 7 legible copies: a. Full names of parties to case, without impleading the lower courts or judges thereof; b. Indicate specific material dates showing it was filed on time; c. Concise statement of matters involved, issues raised, specification of errors of fact or law, or both allegedly committed by the RTC, and the reasons or arguments relied upon for the allowance of the appeal;
d. Accompanied by clearly legible duplicate originals or true copies of the judgments or final order of both MTC and RTC; e. Certification under oath of non-forum shopping. 2.
Contents of comment In 7 legible copies, accompanied by certified true copies of material portions of record and other supporting papers: a. State whether or not appellee accepts the statement of matters involved in the petition; b. Point out such insufficiencies or inaccuracies as he believes exists in petitioner’s statement of matters; c. State reasons why petition should not be give due course.
3. CA may: a. Require respondent to file a comment; or b. Dismiss the petition if it finds: i.
Patently without merit
ii. Prosecuted manifestly for delay iii. Questions raised are to insubstantial to require consideration RULE 43 APPEALS FROM THE CTA AND QUASI-JUDICIAL AGENCIES TO THE CA 1. Appeals from judgments and final orders of the Court of Tax Appeals and quasi-
judicial agencies in exercise of quasi-judicial functions (unless otherwise provided by law and the Labor Code [NLRC decisions]) shall be by petition for review to the CA, to be taken within 15 days from notice of award or judgment or from notice of the denial of the motion for reconsideration. Only 1 Motion for reconsideration allowed 2.
Quasi-judicial agencies covered: a. Civil Service Commission; b. Central Board of Assessment Appeals; c. Securities and Exchange Commission; d. Office of the President; e. Land Registration Authority; f.
Social Security Commission;
g. Civil Aeronautics Board; h. Bureau of Patents, Trademarks and Technology Transfer; i.
National Electrification Administration;
j.
Energy Regulatory Board;
k. National Telecommunications Commission; l.
Department of Agrarian Reform under RA No. 6657;
m. GSIS; n. Employees Compensation Commission; o. Agricultural Inventions Board; p. Insurance Commission;
q. Construction Industry Arbitration Commission; r.
Voluntary arbitrators
St. Martin’s Funeral Home vs. NLRC - DECISIONS OF THE NLRC – ORIGINAL ACTION FOR CERTIORARI UNDER RULE 65 FILED WITH THE CA, NOT SC
Fabian vs. Desierto – Appeals from decisions of the Office of the Ombudsman in administrative disciplinary cases should be taken to the CA under Rule 43. ∅ According to A.M. no. 99-2-02-SC ( promulgated February 9, 1999), any appeal by way of petition for review from a decision, final resolution or order of the Ombudsman, or special civil action relative to such decision, filed with the SC after March 15, 1999 shall no longer be referred to the CA, but shall be dismissed.
RULE 45 APPEAL BY CERTIORARI TO THE SUPREME COURT 1. Question of Law – exists when doubt or difference arises as to what the law is, based on a certain state of facts Question of Fact – exists when doubt or difference arises as to the truth or the falsehood of alleged facts 2. Findings of fact of the CA may be reviewed by the SC on appeal by certiorari when: a. The conclusion is a finding grounded entirely on speculations, surmises, or 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. Findings of fact of trial court and CA are conflicting; f.
The CA, in making its findings, went beyond the issues of the case and the same is contrary to the admissions made;
g. CA manifestly overlooked certain relevant facts not disputed by the parties and which, if properly considered, would justify a different conclusion. 3. Certiorari as mode of appeal: From judgment or final order of the CA, Sandiganbayan, RTC on pure questions of law, or other courts whenever authorized by law, by filing a petition for review on certiorari with the SC within 15 days from notice of judgment. 4. Rule 45 and Rule 65 distinguished: Rule 45
Rule 65
No need for Motion for Recon
Motion for Recon generally required
Relates to final judgments
Applies to interlocutory orders rendered in excess/lack of jurisdiction
An appeal
Not an appeal in the strict sense
15 days from notice of judgment
60 days from notice of judgment
Kho vs. Camacho: An RTC judge has no right to disapprove a notice of appeal on the ground that the issues raised involve a pure question of law, and that the mode of appeal is erroneous. That is the prerogative of the CA, not the RTC
judge. A notice of appeal need not be approved by the judge, unlike a record on appeal. RULE 47 ANNULMENT OF JUDGMENTS OR FINAL ORDERS AND RESOLUTIONS 1. Grounds for annulment of judgment of RTC in civil cases: a. Extrinsic fraud – not available as a ground if availed of earlier in a motion for new trial or petition for relief b. Lack of jurisdiction. 2. Petition for annulment available only if ordinary remedies of new trial, appeal, petition for relief or other appropriate remedies no longer available through no fault of the Petitioner. 3. Periods: a. For extrinsic fraud – four years from discovery; b. Lack of jurisdiction – must be filed before action barred by laches. 4. Effects of judgment of annulment – gives the CA authority to order the trial court on motion to try the case if the ground for annulment is extrinsic fraud, but not if it is lack of jurisdiction.
Prescriptive period for refiling the original action is suspended unless the extrinsic fraud is attributable to the plaintiff in the original action.
RULE 50 DISMISSAL OF APPEAL 1.
Grounds for dismissal of appeal by the CA: a. Failure of the record on appeal to show on its face that the appeal was taken within the reglamentary period; b. Failure to file the notice of appeal or record on appeal within the period; c. Failure of the appellant to pay the docket and other lawful fees; d. Unauthorized alterations, omissions, or additions in the approved record on appeal; e. Failure of the appellant to serve and file the required number of copies of his brief or memorandum within the time provided; f.
Absence of specific assignment of errors in appellants brief or page references to the record;
g. Failure of the appellant to take necessary steps for the completion or correction of the record within the time limited by the order; h. Failure of appellant to appear at the preliminary conference or to comply with orders, circulars, or directives of the court without justifiable cause i.
Judgment or order appealed from is not appealable.
RULE 51 JUDGMENT 1. Memorandum decisions are permitted in the CA. 2. 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.
3. Date when judgment or final resolution becomes executory shall be deemed as date of entry. RULE 56 PROCEDURE IN THE SUPREME COURT 1.
Original cases cognizable – exclusive list: a. Petitions for certiorari, prohibition, mandamus, quo warranto, habeas corpus ; b. Disciplinary proceedings against judges and attorneys; c. Cases affecting ambassadors, other public ministers, and consuls.
2. An appeal to SC can only be taken by petition for review on certiorari, except in criminal cases where the penalty imposed is death, reclusion perpetua, or life imprisonment. 3. Grounds for dismissal of appeal by SC a. Failure to take appeal within the reglementary period; b. Lack of merit in the petition; c. Failure to pay the requisite docket fee and other lawful fees or to make deposit for costs; d. Failure to comply with the requirements regarding proof of service and contents of and the documents which should accompany the petition; e. Failure to comply with any circular, directive or order of the SC without justifiable cause; f.
Error in choice or mode of appeal
g. Case is not appealable to the SC. 4. Discretionary upon SC (and CA) to call for preliminary conference similar to pre-trial. 5. General Rule: Appeal to SC by notice of appeal shall be dismissed. Exception: In criminal cases where the penalty imposed is life imprisonment, or when a lesser penalty is imposed but involving offenses committed on the same occasion or arising out of the same occurrence which gave rise to the more serious offense for which the penalty of death or life imprisonment is imposed (Section 3, Rule 122) 6. Appeal by certiorari from RTC to SC submitting issues of fact may be referred to the CA for decision or appropriate action, without prejudice to considerations on whether or not to give due course to the appeal as provided in Rule 45. PROVISIONAL REMEDIES Provisional remedies (ancillary/auxiliary)
Writs and processes available during the pendency of the action which may be resorted to by a litigant to preserve and protect rights and interests therein pending rendition, and for the purpose of ultimately affecting a final judgment in the case.
PROVISIONAL - constituting temporary measures availed of during the pendency of the action.
ANCILLIARY - incidents in and dependent on the result of the main action.
RULE 57 PRELIMINARY ATTACHMENT 1.
Preliminary Attachment
a. Available even if the recovery of personal property is only an incidental relief sought in the action; b. May be resorted to even if the personal property is in the custody of a third person; c. Extends to all kinds of property, real or personal or incorporeal; d. To recover possession of personal property unjustly detained, presupposes that the same is being concealed, removed, or disposed of to prevent its being found or taken by the applicant; e. Can still be resorted to even if the property is in custodia legis, as long as the property belongs to the defendant, or is one in which he has proprietary interests, AND with permission of the court 2. Grounds a. Recovery of specified amount of money and damages, except moral or exemplary, where party is about to depart from the Phils with intent to defraud creditors; b. Action for money or property embezzled or for willful violation of duty by public officers, officers of corporation, agent, or fiduciary; c. Recovery of possession of property (both real and personal) unjustly detained, when the property is concealed or disposed of to prevent is being found or taken; d. Action against party guilty of fraud in contracting the debt or incurring the obligation or in the performance thereof; e. Action against party who is concealing or disposing of property, or is about to do so, with intent to defraud creditors; f.
Action against party who is not a resident of the Phils and cannot be found therein or upon who service by publication can be made.
3. PRINCIPLE OF PRIOR OR CONTEMPORARY JURISDICTION: Enforcement of writ of preliminary attachment must be preceded by or simultaneously accompanied by service of summons, copy of complaint, application and affidavits for the attachment and the bond upon the adverse party; BUT the requirement of prior or contemporaneous service of summons shall not apply where the summons could not be served despite diligent efforts, or the defendant is a resident of the Phils temporarily absent therefrom, or the defendant is a non-resident of the Phils or the action is in rem or quasi in rem. 4.
When preliminary attachment is discharged a. Debtor posts a counterbond or makes requisite cash deposit- if attachment to be discharged is with respect to particular property, counterbond or deposit shall be equal to the value of the property as determined by the court; in all other cases, amount of counterbond should be equal to the amount fixed in the order of attachment.
CASH DEPOSIT OR COUNTERBOND SHALL SECURE THE PAYMENT OF ANY JUDGMENT THAT ATTACHING PARTY MAY RECOVER
b. Applicant’s bond is insufficient or sureties fail to justify; c. Attachment was improperly or irregularly issued; d. Property attached is exempt from execution;
e. Judgment is rendered against attaching party; f. Attachment is excessive – discharge is with respect to the excess 5. Application for discharge may only be filed with the court where the action is pending and may be filed even before enforcement of the writ so long as there has been an order of attachment. 6. When to apply for damages against the attachment bond a. Before trial; b. Before appeal perfected; c. Before judgment becomes executory; d. In the appellate court for damages pending appeal, before judgment becomes executory. 7.
8.
When judgment becomes executory, sureties on counterbond to lift attachment are charged and can be held liable for the amount of judgment and costs upon notice and summary hearing. There is no need to first execute judgment against the judgment obligor before proceeding against sureties. Claims for damages cannot be subject of independent action except : a. When principal case is dismissed by the trial court for lack of jurisdiction without giving the claiming party opportunity to prove claim for damages; b. When damages sustained by a third person not a party to the action.
RULE 58 PRELIMINARY INJUNCTION 1.
Preliminary injunction distinguished from Prohibition
Preliminary Injunction
Prohibition
Generally directed against party to the action but may be against any person
Directed against a court, tribunal, or person exercising judicial powers
Does NOT involve the jurisdiction of the court
May be on the ground that the court against whom the writ is sought acted without or in excess of jurisdiction;
May be main action itself or just a Always a main action provisional remedy in the main action 2. Grounds for Preliminary Injunction a. Plaintiff is entitled to relief sought which consists in restraining or requiring the performance of acts (latter is preliminary mandatory injunction); b. The commission of acts or non-performance during pendency of litigation would probably work injustice to the plaintiff; c. Defendant is doing or about to do an act violating plaintiff’s rights respecting the subject of the action and tending to render judgment ineffectual. 3. Injunction may be refused or dissolved when: a. Complaint is insufficient; b. Defendant is permitted to post a counterbond it appearing that he would sustain great and irreparable injury if injunction granted or continued while plaintiff can be fully compensated;
c. Plaintiff’s bond is insufficient or defective 4. No Preliminary Injunction or TRO may be issued without posting of bond and notice to adverse party and hearing. 5. PRINCIPLE OF PRIOR OR CONTEMPORARY JURISDICTION:
When an application for a writ of preliminary injunction or a temporary restraining order is included in a complaint or any initiatory pleading, the case, if filed in a multiple-sala court, shall be raffled only after NOTICE to and IN THE PRESENCE of the adverse party or the person to be enjoined. In any event, such notice shall be preceded, or contemporaneously accompanied by service of summons, together with a copy of the complaint and the applicant’s affidavit and bond, upon the adverse party in the Phils; BUT the requirement of prior or contemporaneous service of summons shall NOT apply where the summons could not be served despite diligent efforts, or the defendant is a resident of the Phils temporarily absent therefrom, or the defendant is a non-resident of the Phils
Difference with principle in preliminary attachment – In attachment, the principle applies only in the implementation of the writ, while in applications for injunction or TRO, this principle applies before the raffle and issuance of the writs or TRO.
6. TRO good for only 20 days from service; 60 days for CA; until further orders from SC. 7. TRO can be issued ex parte only if matter of grave urgency and plaintiff will suffer grave injustice and irreparable injury. Good for 72 hours from issuance, within which judge must comply with service of summons, complaint, affidavit and bond, and hold summary hearing to determine whether TRO should be extended for 20 days. In no case can TRO be longer than 20 days including 72 hours. 8. No TRO, preliminary injunction or preliminary mandatory injunction may issue against the government in cases involving implementation of government infrastructure projects. (Garcia vs. Burgos, reiterated in Administrative Circular no. 799, promulgated June 25,1999)
