Apprac Midterms Reviewer

Page |1 Marce Encarnacion and Miguel Manzo Appellate Practice Atty. Genilo (2nd sem; A.Y. 2018-2019)

APPELLATE PRACTICE REVIEWER (Midterms) RULE 37 Motion for Reconsideration and New Trial Period to File: within period to take appeal Rule 37, Section 1 of the 1997 Rules of Civil Procedure clearly provides that a motion for new trial should be made “within the period for taking an appeal.” Instead, what the record shows is that petitioners, in effect, only asked for a new trial after the appellate court had rendered its decision on appeal. Such a situation is definitely not permissible under the Rules. It is well accepted that a motion for new trial based on newly discovered evidence may indeed be filed after judgment, but within the period for perfecting an appeal. 1 No motion for extension of time to file a motion for new trial or reconsideration may be filed in the Metropolitan and Municipal Courts, RTC’s and the I.A.C., except in cases pending in the Supreme Court. Such a motion may be filed only 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. 2 Grounds for MNT: 3 one or more of the following causes materially affecting the substantial rights of said party 1.

2.

FAME - Fraud, accident, mistake or excusable negligence which ordinary prudence could not have guarded against and by reason of which such aggrieved party has probably been impaired in his rights; or a. Must be proved and may be rebutted by affidavits of merits 4 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. a. Must be proved by: 5 i. affidavits of the witnesses by whom such evidence is expected to be given, or ii. duly authenticated documents which are proposed to be introduced in evidence

Failure to indicate the facts and circumstances which allegedly constitute fraud as a ground for one’s MNT makes said motion pro forma, and being pro forma, does not interrupt the running of the period to appeal. An Order of Default is an interlocutory order which is not

Alfarero v. Sevilla Halabuyas Enterprises Inc. v. Japson 3 Sec. 1 4 Sec. 2 5 Sec. 2 6 Meralco v. La Campana Food Products

appealable. What is appealed is a Judgement of Default, which is a final disposition of the case. 6 The failure of counsel for petitioners to attend the trial for lack of advance notice on him constitutes an “accident” within the meaning of Section 1, Rule 37 of the (old or revised) Rules of Court which, in turn, is a proper and valid ground, to grant a new trial. 7 The mistake referred to as a ground for new trial refers to one which ordinary prudence could not have guarded against. Here, the mistake committed by petitioner is a mistake of law, or as he puts it, an “honest mistake”. Petitioner’s mistake does not qualify as a ground for new 8 trial. In view of the evidence showing a compromise between the parties, it was natural and logical that the plaintiff herein believed that the action brought against him by the defendant had been ended by the aforesaid compromise and that he was thus relieved from the duty of filing his answer. Such belief being excusable and having prevented the plaintiff herein from making a defense that would have been good and efficacious, this case comes within the provisions of section 513 of the Code of Civil Procedure, and the judgment by default must be set aside and a new trial ordered. 9 REQs. New Trial Based on Newly Discovered Evidence 10 Proof that: 1. 2. 3. 4.

the evidence was discovered after the trial; such evidence could not have been discovered and produced at the trial with reasonable diligence; it is material, not merely cumulative, corroborative or impeaching; and it is of such weight that, if admitted, will probably change the judgment.

This does not mean however, that petitioner is altogether barred from having a new trial. As pointed out by Judge Acosta, the reasons put forth by petitioner could fall under mistake or excusable negligence. The “mistake” that is allowable in Rule 37 is one which ordinary prudence could not have guarded against. Negligence to be “excusable” must also be one which ordinary diligence and prudence could not have guarded against and by reason of which the rights of an aggrieved party have probably been impaired. The test of excusable negligence is whether a party has acted with ordinary prudence while transacting important business. 11

Soloria v. De La Cruz Viking International Corp v. CA 9 Salazar v. Salazar 10 Philippine Phospate Fertilizer Corp. v CIR 11 Id.

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In order that a particular piece of evidence may be regarded as “newly discovered” for purposes of granting a new trial, it is essential to show that the offering party exercised reasonable diligence in seeking to locate such evidence before or during trial but had nonetheless failed to secure it. 12 Grounds for MR: 13 must specifically point out findings/conclusions of judgment or final order unsupported by evidence or which are contrary to law and expressly refer to evidence/law alleged to be contrary to such findings or conclusions 14 1. 2. 3.

Damages awarded are excessive Evidence is insufficient to justify the decision or final order Decision or final order is contrary to law

There is a difference between an amended judgment and a supplemental judgment. In an amended and clarified judgment, the lower court makes a thorough study of the original judgment and renders the amended and clarified judgment only after considering all the factual and legal issues. The amended and clarified decision is an entirely new decision which supersedes the original decision. In the instant case, no restudy was made by respondent court of the original decision but only on the issues raised in the supplemental complaint. The supplemental decision cannot stand alone as a judgment on the merits as there was no declaration of the respective rights and duties of the parties. 15 Form and Contents 16 1. 2. 3.

In writing Stating the ground/s Written notice served by the movant on the adverse party (notice of hearing ESSENTIAL)

Pro forma motion: does not toll the reglementary period of appeal 19 MR not pro forma BUT Cuenca released from liability. Mere rehashing arguments already passed upon by lower courts does not, on its own, make an MR “pro forma”. A pro forma motion must have no other purpose than to gain time and to delay or impede the proceedings. [Cuenca, as President and Chairman of SIMC, solidarily bound himself with the corp. to secure a loan. SIMC extended and continued to use credit line even after Cuenca resigned. SIMC defaulted. Security Bank wants to hold Cuenca solidarily liable. RTC ruled in favor of SBTC; CA reversed and ruled in favor of Cuenca. SBTC filed MR containing same arguments. Cuenca challenges MR as pro forma.] 20 Court’s Action on MR/MNT 21 - must be resolved w/in 30 days from submission 22 1. 2. 3.

GR: 1st MNT filing must include all grounds then available. Those not included are deemed waived. 23 XPN: 2nd MNT based on a ground not existing nor available when the first motion was made, may be filed within the time herein provided excluding the time during which the first motion had been pending. 24 No 2nd MR allowed. 25 Effect of Granting MNT - original judgment or final order shall be vacated > trial de novo 26

The allegations contained in an affidavit of merit required to be attached to a motion to lift an order of default or for a new trial need not be embodied in a separate document but may be incorporated in the petition itself. 17 The requirement of notice under Sections 4 and 5, Rule 15 in connection with Section 2, Rule 37 of the Revised Rules of Court is mandatory. The absence of a notice of hearing is fatal and, in cases of motions to reconsider a decision, the running of the period to appeal is not tolled by their filing or pendency. A motion for reconsideration fatally defective for lack of notice of hearing cannot be cured by a belated filing of a notice of hearing. 18 Bernaldez v. Francia Sec. 1 14 Sec. 2 15 Esquivel v. Alegre 16 Sec. 2 17 Capus v. CA 18 National Commercial Bank of Saudi Arabia v. CA 19 Id. 20 Security Bank and Trust Co. v. Cuenca

Set aside judgment/final order and grant a new trial, upon terms it may deem just Deny motion If excessive damages/contrary to law – amend accordingly

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Recorded evidence taken upon the former trial, insofar as the same is material and competent to establish the issues, shall be used at the new trial without retaking the same.

Partial new trial or reconsideration 27 — If the grounds appear to the court to affect the issues as to only a part of the matter in controversy or less than all of the parties, the court may order a new trial or grant reconsideration as to such issues if severable, without interfering with the judgment or final order upon the rest 

Sec. 3 Sec. 4 23 Sec. 5 24 Id. 25 Id. 26 Sec. 6 27 Sec. 7 28 Sec. 8

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Effect of order for partial new trial 28 — Court may either: o enter a judgment or final order as to the rest, or

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stay the enforcement of such judgment or final order until after the new trial

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Dilatory motions postponement; 10. Reply; 11. Third party complaints; 12. Interventions

Remedy against order denying a MNT/MR 29 — Appeal from the judgment or final order (not the denial of the motion itself)

for

Technicalities should not be resorted to in derogation of the intent of the rules, which is the proper and just determination of controversies. Every party-litigant should be afforded the amplest opportunity for the proper and just disposition of his cause free from undue constraints of technicalities. 30 Petition filed on time; Gagui not solidarily liable with Agency. Petitioner has fresh period of 15 days from date of actual receipt of resolution denying an MR to file an appeal (Neypes Rule). Subsequently impleading a person for the first time for purposes of executing a judgment is tantamount to modifying a final and executory decision; not allowed (Doctrine of immutability of judgments). 31 Comparison of Prohibited Pleadings Summary Procedure 32 1.

2. 3. 4. 5. 6. 7.

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MD/quash the complaint or information; a. XPNs: i. lack of jurisdicti on over the subject matter ii. failure to comply with the precedin g section Motion for a bill of particulars; MNT/MR/for opening of trial Petition for relief from judgment; Motion for extension of time to file pleadings, affidavits or any other Memoranda; Petition for certiorari, mandamus, mandamus, or prohibition against any interlocutory order issued by the court Motion to declare the defendant in default;

Sec. 9 Dulos Realty and Development v. CA 31 Gagui v. Dejero 32 Sec. 19

Rule on the Writ of Amparo and Habeas Data33 1. MD; 2. Motion for extension of time to file return, opposition, affidavit, position paper and other pleadings; 3. Dilatory motion for postponement ; 4. Motion for a bill of particulars; 5. Counterclaim or crossclaim; 6. Third-party complaint; 7. Reply; 8. Motion to declare respondent in default; 9. Intervention;

10. Memorandum ; 11. Motion for reconsideratio n of interlocutory orders or interim relief orders; and 12. Petition for certiorari, mandamus or prohibition against any interlocutory order

Small Claims GR: Personal Appearance XPN: Valid cause  

Individual-party: Representative must not be a lawyer, and must be related to or next-of-kin of the individual-party. Juridical entities: Not a lawyer in any capacity; must be authorized under a SPA to enter into: o An amicable settlement of the dispute o Stipulations or admissions of facts and of documentary exhibits

Decision 34 – Render decision within 24hrs from termination of hearing  

Immediately entered by the Clerk of Court in the court docket for civil cases and a copy served on the parties. Final, executory and unappealable. Environmental Cases

Pleadings and motions allowed 35 1. 2.

3. 4. 5. 6.

Complaint Answer which may include: a. compulsory counterclaim b. cross-claim Motion for intervention Motion for discovery MR of the judgment For highly meritorious cases/prevent miscarriage of justice: a. Motion for postponement b. MNT

Sec. 11, Writ of Amparo and Sec. 13, Habeas Data Sec. 24, Small Claims 35 Sec. 1, Environmental Cases

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c.

Petition for relief from judgment

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RULE 40 (MTC to RTC)

Nature of Right to Appeal The right of appeal from the decisions of a court, tribunal, or board is a purely statutory right; it is not an inherent right. The right to appeal was not at common law, and is not now, a necessary element of due process of law. 36 

An appeal to a higher court, being merely a statutory right and not ordinarily a necessary part of due process, may only be taken when the law so provides. The parties cannot, even by mutual agreement, confer such right when the same does not exist by statutory authority. Decision of CFI in election protests for city vice-mayor are final and not appealable; but direct appeal to SC is permissible if the only issues involved are pure questions of law. 37 A statute that eliminates the right to appeal and considers the judgment rendered final and unappealable only destroys the right to appeal, but not the right to prosecute an appeal that has been perfected prior to its passage, for, at that stage, the right to appeal has already vested and cannot be impaired. 38 Glaring is the ambivalent, if not irresolute, posture taken by the petitioners by categorizing this petition to be “both under Rule 65 and Rule 45, Rules of Court” in an attempt, apparently, to evade the dismissal of the petition based on a wrong mode of appeal. The court cannot tolerate this practice much less the seeming ignorance of the law on appeals. This petition cannot be subsumed simultaneously under Rule 45 and Rule 65 of the Rules of Court, and neither may petitioners delegate upon the court the task of determining under which rule the petition should fall. Wrong or inappropriate mode of appeals, as in this case, merits an outright dismissal. 39 Where to Appeal: MTC to RTC exercising jurisdiction over the area to which the former pertains 40 

Same case title, designate party appealing (appellant) and adverse party (appellee)

When and How to Appeal: 41

US v. Gomez Jesus Gonzales v. CA 38 Eastern Mediterranean Maritime v. Surio 39 Ybañez vs. Court of Appeals 40 Sec. 1 41 Sec. 2 42 Id. 43 Sec. 3 44 Id.

Notice of Appeal (NOA)– 15 days after notice to appellant of judgment/final order appealed 42 o File with court that rendered judgment 43 o Indicate: 44  Parties  Judgment/part thereof appealed  Material dates showing timeliness of appeal o Pay full fees to clerk of court which rendered the judgment 45  Proof of payment transmitted with records/ROA o Deemed perfected upon timely filing of NOA 46 Record on Appeal (ROA)– 30 days (file both NOA and ROA) 47

o o o

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SPECPRO or cases of multiple/separate appeals Form 48 Pay full fees to clerk of court which rendered the judgment 49  Proof of payment transmitted with records/ROA Deemed perfected as to particular subject matter upon approval of ROA filed in due time 50

NOTE: Copies of NOA/ROA shall be served on adverse party when required Interruption of Period: Timely MR/MNT 51 

No motion for extension of time to file MR/MNT allowed

Perfection of appeal and its effect 52 NOA – upon timely filing of NOA, appeal is deemed perfected as to appellant ROA – upon approval of ROA that was filed on time, appeal is deemed perfected as to the SM of the appeal The perfection of an appeal in the manner and within the period prescribed by law is not only mandatory but jurisdictional, and failure to perfect an appeal has the effect of rendering the judgment final and executory. Public policy and sound practice demand that judgments of courts should become final and irrevocable at some definite date fixed by law. 53

Sec. 5 Sec. 9, Rule 41 47 Sec. 2 48 Sec. 6, Rule 41 49 Sec. 5 50 Sec. 9, Rule 41 51 Id. 52 Sec. 4, Rule 40 and Sec. 9, Rule 41 53 Almeda vs. Court of Appeals

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Duty of the clerk of court 54 —   

Transmit original record/ROA to proper RTC w/in 15 days from the perfection of the appeal, together with the transcripts and exhibits Certify records as complete Furnish copy of his letter of transmittal of the records to the parties

Procedure in the RTC 55 1. 2.

3. 4.

Clerk of RTC shall notify parties of receipt of complete record/ROA Appellant must submit memorandum within 15 days from such notice briefly discussing the errors imputed to the lower court a. Furnish copy of to the adverse party b. Failure to submit memorandum = ground for dismissal Appellee may file his memorandum within 15 days from receipt of appellant’s memorandum Court shall consider case submitted for decision upon #3 or expiration of period therefor a. Decide on the basis of the entire record of the lower court proceedings and such memoranda as are filed

Appeal from MTC’s Order Dismissing due to Lack of Jurisdiction over SM (without Trial on the Merits) 56 

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If dismissal affirmed and RTC has jurisdiction - try the case on the merits as if the case was originally filed with it. o If tried on the merits by MTC without jurisdiction over SM – RTC shall decide as if originally filed with it, without prejudice to the admission of amended pleadings and additional evidence in the interest of justice If reversed – remand to MTC for further proceedings

NOTE: Other provisions of Rule 41 shall apply to appeals provided for herein insofar as they are not inconsistent with or may serve to supplement the provisions of this Rule 57

Court may give due course to the petition and resolve the principal issues raised therein. 58 It is settled that matters not raised in the trial court or lower courts cannot be raised for the first time on appeal. “They must be raised seasonably in the proceedings before the lower courts. Questions raised on appeal must be within the issues framed by the parties; consequently, issues not raised before the trial court cannot be raised for the first time on appeal.” 59 Effect of Appeal on Other Non-Appealing Parties It is a well-settled procedural rule in this jurisdiction that an appellee who has not himself appealed cannot obtain from the appellate court any affirmative relief other than those granted in the decision of the court below. The appellee can only advance any argument that he may deem necessary to defeat the appellant’s claim or to uphold the decision that is being disputed. He can assign errors on appeal if such is required to strengthen the views expressed by the court a quo. Such assigned errors, in turn, may be considered by the appellate court solely to maintain the appealed decision on other grounds, but not for the purpose of modifying the judgment in the appellee’s favor and giving him other affirmative reliefs.60 When the obligation of the other solidary debtors is so dependent on that of their co-solidary debtor, the release of the one who appealed, provided it be not on grounds personal to such appealing private respondent, operates as well as to the others who did not appeal. It is for this reason, that a decision or judgment in favor of the private respondent who appealed can be invoked as res judicata by the other private respondents. 61 RULES 41, 44 and 50 RTC to CA RULE 41 Appeal from the Regional Trial Courts Subject of appeal - judgment or final order that completely disposes of the case, or a particular matter therein when declared by these Rules to be appealable 62 

What Can Be Raised on Appeal GR: As a rule, a change of theory cannot be allowed.

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XPN: When the factual bases thereof would not require presentation of any further evidence by the adverse party in order to enable it to properly meet the issue raised in the new theory, as in this case, the Sec. 6 Sec. 7 56 Sec. 8 57 Sec. 9 58 Bote vs. Veloso 59 Philippine National Bank vs. Perez

Final Judgment/Order: one that decides finally the rights of the parties upon the issue submitted, specifically denying or granting the remedy sought by the action. 63 Test: Does it leave something to be done in the trial court with respect to the merits of the case? If yes, it is interlocutory. If not, it is final. 64

SMI Fish Industries, Inc. vs. NLRC Universal Motors Corporation vs. Court of Appeals 62 Sec. 1 63 Miranda v. CA 64 Id.

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Judgments for recovery with accounting are final and appealable (without need of awaiting accounting) and would become final and executory if not appealed within the reglementary period. In actions involving the rendition of accounting, an appeal may be taken from the judgment ordering the accounting and directing that during the pendency of the appeal or even before the appeal is taken, the rendition of the accounting shall not be stayed, unless otherwise ordered by the trial court. 65 A judge who succeeds another does not assume reviewing and appellate authority over his predecessor’s judgment on the merits, including the credibility of the witnesses. Upon the remand, the respondent judge was only authorized to stay enforcement until accounting has been rendered, or prescribe such conditions to secure the benefit of the judgment. But the Rules grant him no authority to review, revise, amend, alter, or reverse the original judgment on the merits ordering the delivery of the properties while awaiting accounting. The only remaining authority he had was to enforce, consider, and act on the accounting ordered in the original decision for the completion of the relief therein granted. 66 A prospective intervenor’s right to appeal applies only to the denial of his intervention. He has not standing to question the decision. Thus, if a party only joins in the prospective intervenor’s appeal and interposes no appeal of his own, no valid appeal has been perfect unto him. 67 A several judgment is proper only when the liability of each party is clearly separable and distinct from that of his coparties, such that they could have been subjects of separate suits. It is not proper when there is a common cause of action, such as when they are sought to be made liable as solidary debtors. Thus, only the final judgment that completely disposes of all the issues is the reckoning point for the appellate period. A partial judgment must only be appealed together with the final judgment. 68 The period should be reckoned from the receipt of the counsel of record. Notice to the client or any other lawyer is not notice in law, unless the court specifically orders service to the client. 69

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Modes of appeal 71 1.

2. 3.

Orders Not Appealable (Proper Remedy = Rule 65 Certiorari): 70 1. 2. 3. 4.

An order denying a motion for new trial or reconsideration; An order denying a petition for relief or any similar motion seeking relief from judgment; An interlocutory order; An order disallowing or dismissing an appeal;

Id. Id. 67 Foster-Gallego v. Sps. Galang 68 De Leon v. CA 69 Id. 70 Sec. 1 71 Sec. 2

An order denying a motion to set aside a judgment by consent, confession or compromise on the ground of fraud, mistake or duress, or any other ground vitiating consent; An order of execution; A judgment or final order for or against one or more of several parties or in separate claims, counterclaims, crossclaims and third-party complaints, while the main case is pending, unless the court allows an appeal therefrom; and An order dismissing an action without prejudice.

Ordinary appeal — see Rules under Rule 44 a. RTC (original jurisdiction) to CA – NOA filed with RTC with service to appellee (15 days from notice) b. GR: No ROA i. XPNs: special proceedings and other cases of multiple or separate appeals where law on these Rules so require 1. Filed with RTC and served on appellee (30 days from notice) c. Title remains the same (indicate appellant and appellee) 72 d. Counsel and guardians ad litem of the parties in the court of remains the same 73 i. When others appear or are appointed, notice shall be served immediately on the adverse party and filed with the court Petition for review — RTC (appellate jurisdiction) to CA [Rule 42] Appeal by certiorari — only questions of law involved a. Appeal to SC by petition for review on certiorari in accordance with the Rule 45. b. Determination of whether an appeal involves purely questions of law is within the exclusive jurisdiction of the appellate court 74 c. The issue as to the jurisdiction of the lower court over the subject matter is a question of law. If this is the only issue, then the appeal is only involves pure questions of law. 75 d. All controversies on the implementation of the CARP fall under the jurisdiction of the DAR. Even if the appeal only involves pure questions of law, it should be filed with the CA, not the SC. 76

Questions that may be raised on appeal 77 - any question of law or fact that has been raised in the court below that is within the issues framed by the parties (whether or not he filed MNT)

Sec. 1, R44 Sec. 2, R44 74 Kho v. Camacho 75 Sevilleno v. Carilo 76 Tan v. Link 77 Sec. 15, R 44

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Period of ordinary appeal 78 1. 2. 3.

14. Exercise of sound discretion by the judge, guided by the attendant circumstances

NOA -15 days from notice to appellant ROA – 30 days from notice to appellant Interrupted by timely MR/MNT a. No motion for extension of time to file MR/MNT allowed

An appeal is a statutory right, subject to the law and rules of procedure. Perfection within the reglementary period is mandatory and jurisdictional. Failure to interpose a timely appeal renders the assailed judgment/order final and executory. 79

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Notice of appeal 85. — RTC (orig.) to CA    

Appellate court docket and other lawful fees 80 

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Pay to clerk of court which rendered judgment within the period for taking an appeal o Full amount of the appellate court docket and other lawful fees o Proof of payment transmitted to the appellate court together with the original record/ROA An appeal is not perfect by mere payment of appellate fees. A NOA is deemed perfected as to him upon the filing of the NOA in due time. Regardless of payment, a late appeal cannot be perfected. 81 GR: Failure to pay docket and other lawful fees within the prescribed period is a ground for dismissal of the appeal. It is a requirement in filing an ordinary appeal from the RTC. It is mandatory and jurisdictional. 82 XPNs: 83 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13.

Exceptionally meritorious reason for late payment Most persuasive and weighty reasons To relieve a litigant from an injustice not commensurate with non-compliance Good faith by immediately paying within a reasonable time from the time of the default Special or compelling circumstances Merits of the case Cause not entirely attributable to the fault or negligence of the party favored by the suspension of the Rules Lack of any showing that the review sought is merely frivolous and dilatory Other party will not be unjustly prejudiced FAME, without the party’s fault Peculiar legal and equitable circumstances attendant to each case Substantial justice and fair play Importance of the issue involved

Sec. 3 Foster-Gallego v. Sps. Galang 80 Sec. 4 81 Eda v. CA 82 Tan v. Link 83 Id.

To invoke an exception, there must be adequate explanation for the failure to strictly comply with the Rules. The burden of proof lies with the party alleging it. 84

Parties Judgment or final order or part appealed Court to which the appeal is being taken Material dates showing timeliness

NOTE: A Notice of Appeal does not require court approval. Only a Record on Appeal and the appeal bond may be approved/disapproved. 86 Record on Appeal (form and contents) 87. 1. 2. 3. 4. 5.

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Caption - full names of parties Judgment or final order from which the appeal is taken Copies of only related pleadings, petitions, motions and all interlocutory orders for the proper understanding of the issue involved (chronological order) Data showing timeliness Issue of fact raised - include by reference all the evidence taken upon the issue involved a. Documentary evidence - exhibit numbers or letters by which it was identified when admitted or offered at the hearing b. Testimonial evidence - names of the witnesses. c. Whole testimonial and documentary evidence included - statement to that effect sufficient If exceeding 20 pages – subject index

NOTE: Joint ROA may be submitted if both parties are appellants 88 

Within time that may be specified by court or, if none, within the same 30-day period

Action that RTC may Take on ROA 89 (upon filing and if appellee makes no objection within 5 days from receipt) 1. 2.

Approve Order amendment of ROA a. Motu proprio or motion of appellee

Id. Sec. 5 86 Kho v. Camacho 87 Sec. 6 88 Sec. 8 89 Sec. 7

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b. c.

d.

Inclusion of any omitted matters which are deemed essential to the determination of the issue of law or fact involved in the appeal Appellant shall redraft by including additional matters court directs him to incorporate (chronological order) i. Either: 1. Within time specified in order 2. Any extension of time that may be granted 3. If not time fixed in Order, within 10 days from receipt thereof Submit redrafted ROA in the same way as the original draft i. Must notify appellee

MR by one party does not toll or interrupt the other party’s period of appeal. XPN: Exceptionally meritorious circumstances (to be proven by the party alleging it) 92 Duty of Clerk of Court upon Perfection 93— Within 30 days after perfection: 1.

Perfection of Appeal (same with Rule 40) 90 

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NOA – upon timely filing o Court loses jurisdiction upon:  timely filing of NOA; and  expiration of time to appeal of other parties ROA – deemed perfected as to SM of ROA upon approval of ROA filed in due time o Court loses jurisdiction only as to the SM of ROA upon:  Approval of ROA; and  Expiration of time to appeal of other parties XPNs as to Loss of Jurisdiction – court may: o Issue orders for protection and preservation of the rights of the parties which do not involve any matter litigated by the appeal o approve compromises o permit appeals of indigent litigants o order execution pending appeal in accordance with 2 of Rule 39 o allow withdrawal of the appeal.

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GR: Requirements for perfecting an appeal within the reglementary period must be strictly followed, as it is merely a statutory privilege. The perfection within the period and in the manner prescribed by law is mandatory and jurisdictional. 91 

In cases where there are multiple parties, the proper reglementary period is dependent on the date each party received the final judgment/order. Thus, each party has a different period within which to appeal. The timely filing of a 5.

Sec. 9 Franco-Cruz v. CA 92 Eda v. CA 93 Sec. 10

To verify the completeness and correctness of the original record/ROA, as the case may be; a. If found to be incomplete, to take such measures as may be required to complete the records b. If efforts to complete fail - indicate in letter of transmittal: i. Those not included ii. Reasons for non-transmittal iii. Steps taken or could be taken to have them available c. CA Clerk of court shall immediately inform CA of incompleteness and recommend measures for completion 94 i. Duty of court to take steps to complete the records within the shortest possible time d. XPN: If completion could not be accomplished within a sufficient period allotted for said purpose due to insuperable or extremely difficult causes 95 i. CA (own/parties’ motion) may declare that the available record and its accompanying transcripts and exhibits are sufficient to decide the issues raised 1. Issue Order explaining the reasons for such declaration To make certification of its correctness; and To make a letter of transmittal – parties must be given copy Direct the stenographers concerned to attach to the record of the case 5 copies of the transcripts of the testimonial evidence referred to in ROA – upon perfection of appeal 96 a. Stenographers shall: i. transcribe such testimonial evidence ii. Index affixed to transcripts – 1. names of the witnesses and the pages where testimonies are found 2. list of the exhibits and the pages wherein each of them appears to have been offered and admitted/rejected by trial court. iii. Transmit transcripts to clerk Arrange transcripts in the order in which the witnesses testified at the trial (cause consecutive page numbering)

Sec. 5, Rule 44 Sec. 6, Rule 44 96 Sec. 11

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To transmit the records/ROA to the CA 97 - within 30 days from perfection of the appeal; including: a. proof of payment of the appellate court docket and other lawful fees b. certified true copy of the minutes of the proceedings c. order of approval d. certificate of correctness e. original documentary evidence referred to f. original and 3 copies of the transcripts i. Copies of the transcripts and certified true copies of the documentary evidence shall remain in the lower court for the examination of the parties. g. If not transmitted within the 30-day period: 98 i. Either party may file a motion with trial court + notice to the other

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d.

Appeal may be dismissed (motu propio or on motion) for being filed out of time even prior to transmittal of records 99 Docketing of case 100 - CA clerk of court shall docket the case and notify the parties thereof upon receiving: 1. 2. 3.

e. f.

Records/ROA Accompanying documents and exhibits Proof of payment of the docket and other lawful fees

If ROA – appellant shall filed with clerk 7 clearly legible copies of the approved ROA with proof of service of 2 copies to appellee (within 10 days from notice of docketing)

g. h.

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Unauthorized alteration, omission or addition in approved ROA = ground for dismissal

Appellant's brief 101 - within 45 days from receipt of the notice of the clerk that all the evidence, oral and documentary, are attached to the record (expiration of time is not a jurisdictional matter and may be waived by the parties) 1. 2. 3.

7 copies of his legibly typewritten, mimeographed or printed brief Proof of service of 2 copies on the appellee Contents (in order) 102 a. Subject index i. Digest of the arguments and page references ii. Table of cases alphabetically arranged, textbooks and statutes cited with references to the pages where they are cited;

Sec. 12 Sec. 3, Rule 44 99 Sec. 13 100 Sec. 4, R44 101 Sec. 7

Assignment of errors - separately, distinctly and concisely stated without repetition and numbered consecutively "Statement of the Case" - clear and concise statement of: i. nature of the action ii. summary of the proceedings iii. appealed rulings and orders of the court iv. nature of the judgment v. other matters necessary to an understanding of the nature of the controversy vi. page references to the record "Statement of Facts" i. clear and concise statement in narrative form of: 1. facts admitted by both parties 2. facts in controversy 3. substance of the proof relating thereto in sufficient detail to make it clearly intelligible 4. page references to the record; Issues of fact/law – clear and concise statement "Argument" - arguments on each assignment of error with page references to the record. i. Authorities relied upon - cited by the page of the report at which the case begins and the page of the report on which the citation is found "Relief" - specification of the order or judgment which the appellant seeks If not ROA - copy of the judgment or final order appealed from (appendix)

CA may choose to not dismiss despite late filing - where the question raised is of sufficient importance to require an examination of the record, especially where there is no showing or assertion whatsoever of any intent to delay on the part of the appellant. Dismissals on purely technical grounds is frowned upon. 103 GR: CA should dismiss an appeal when no appellant’s brief is timely filed (power is discretionary, meaning not automatic dismissal)104 REQs. for Non-Dismissal: 105 1. 2. 3. 4.

Circumstances warrant liberality Strong considerations of equity justify an exception No material injury has been suffered by the other party due to the delay No contention that the appellees’ cause was prejudiced

Sec. 13, R44 Kingdom of Belgium v. CA 104 Id. 105 Id.

97

102

98

103

P a g e | 10 Marce Encarnacion and Miguel Manzo Appellate Practice Atty. Genilo (2nd sem; A.Y. 2018-2019)

5.

At least, no motion to dismiss has been filed



Only to answer points in the appellee's brief not covered in his main brief

Specific REQs. depending on the ground used: 106 Memoranda in Special Cases 110 – in lieu of briefs 1. 2.

For delay – must be for a reasonable period Inadvertence of counsel: a. Reckless or gross negligence deprives the client of the due process of law; or b. Application of the rule will result in outright deprivation of liberty or property; or c. Interests of justice so require.



 Appellee's brief 107 - within 45 days from receipt of appellant's brief 1. 2. 3.

7 copies of his legibly typewritten, mimeographed or printed brief Proof of service of 2 copies on the appellee Contents (in order) 108 a. Subject index i. Digest of the arguments and page references ii. Table of cases alphabetically arranged, textbooks and statutes cited with references to the pages where they are cited; b. Facts i. “Statement of Facts” - state that he accepts the statement of facts in the appellant's brief; OR ii. "Counter-Statement of Facts" - point out insufficiencies or inaccuracies as he believes exist in the appellant's statement 1. With page references to the record in support thereof 2. Without repetition of matters in the appellant's statement of facts c. "Argument" - arguments on each assignment of error with page references to the record. i. Authorities relied upon - cited by the page of the report at which the case begins and the page of the report on which the citation is found

Several appellants or appellees or several counsel for each party111  

1. 2.

Good and sufficient cause Motion filed before expiration of period sought to be extended. RULE 50 Dismissal of Appeal

Grounds for dismissal of appeal (own/appellee’s motion) 1. 2.

3. 4.

Optional for appellant

Id. Sec. 8 108 Sec. 14, R44 109 Sec. 9 110 Sec. 10

Several parties and each counsel does not represent all – each counsel shall be served with only 1 copy of the briefs Several counsels representing 1 party - copies of the brief may be served upon any of them.

REQs. for Extension of Time for Filing Briefs 112

Appellant's reply brief 109 - within 20 days from receipt of appellee's brief 

Cases Covered: o Certiorari o Prohibition o Mandamus o Quo warranto o Habeas corpus cases, Non-extendible period of 30 days from receipt of notice by the clerk that all the evidence, oral and documentary, is already attached to the record o Failure of the appellant to file his memorandum within the period therefor may be a ground for dismissal of the appeal.

111

107

112

— CA may dismiss

Failure of ROA to show on its face that the appeal was timely Failure to file NOA/ROA within period prescribed by these Rules*** a. This is the only ground for dismissal that is MANDATORY (CA has no choice but to dismiss); all others are discretionary 114 Failure of appellant to pay fees Unauthorized alterations, omissions or additions in approved ROA record on appeal

Sec. 11 Sec. 12 113 Sec. 1 114 De Leon v. CA

106

113

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5.

Failure of appellant to serve and file the required number of copies of his brief or memorandum within the time provided by Rules; 6. Absence of specific assignment of errors in the appellant's brief, or of page references to ROA 115 7. Failure of the appellant to take the necessary steps for the correction/completion of the record within the time limited by the court in its order 8. Failure of the appellant to appear at the preliminary conference under Rule 48 or to comply with orders, circulars, or directives of the court a. XPN – Justifiable cause 9. Order or judgment appealed from is not appealable 10. Improper Appeal 116 - outright dismissal (will not be transferred to proper court) a. RTC to CA (Rule 41) – pure questions of law b. NOA for RTC (AJ) to CA – should be petition for review

a.

2. 3.

RULE 42 Petition for Review (RTC to CA) RTC (appellate jurisdiction) to CA Period: within 15 days from notice of decision sought to be reviewed/denial of MNT/MR filed in due time (same rules as Rule 43) 122



GR: Only the assignments of error that have been alleged shall be considered. An assignment of error is essential to appellate review. XPNs: 1. 2. 3.





Grounds affecting jurisdiction over the SM Evidently plain or clerical errors within the contemplation of law Those whose consideration is necessary in arriving at a just decision and complete resolution of the case or to serve the interest of justice or to avoid dispensing piecemeal justice

1. 2. 3.

1. 2.

Withdrawal as a matter of right - any time before the filing of the appellee's brief Withdrawal discretionary on court – anytime thereafter T

exercise must be sound, in accordance with the tenets of justice and fair play and considering the circumstances of each case. 119

3. 4.

GR: Counsel’s negligence binds the party 120 XPNs: 121 1.

Where the reckless or gross negligence of counsel deprives the client of due process if law

See: section 13, paragraphs (a), (c), (d) and (f) of Rule 44 Sec. 2 117 Sec. 3 118 Id. 119 Tan v. Link

File verified petition for review with CA Pay docket fees and P500 deposit for costs Furnish RTC and adverse party a copy of the petition

Form and contents 124

Nature of Power of Dismissal of CA - discretionary and not merely ministerial 118 

1st extension - CA may grant an additional of 15 days ONLY if, before expiration of reglementary period: o Proper motion o Payment of fees and costs 2nd extension – only for most compelling reasons o Max. 15 days

How Done: 123

Withdrawal of appeal 117 

Gross negligence must be nothing short of a clear abandonment of the client’s cause When application of the rule will result in outright deprivation of the client’s liberty or property Where the interests of justice so require

Id. Id. 122 Sec. 1 123 Sec. 1 124 Sec. 2

115

120

116

121

7 legible copies – indicate original State: a. Full names of the parties, without impleading the lower courts or judges b. Specific material dates showing timeliness c. Concise statement of the: i. matters ii. issues iii. specific errors of fact or law, or both, allegedly committed by the RTC iv. reasons or arguments relied upon for the allowance of the appeal Proof of Service to Adverse Party and RTC Attachments: a. clearly legible duplicate originals or certified true copies of the judgments or final orders of both MTC and RTC (certified correct by RTC clerk) – only for original; others can be plain copies b. the requisite number of plain copies thereof c. pleadings and other material portions of the record as would support the allegations of the petition

P a g e | 12 Marce Encarnacion and Miguel Manzo Appellate Practice Atty. Genilo (2nd sem; A.Y. 2018-2019)

d.

Certification of Non-Forum Shopping i. Certification under oath that he has not commenced any other action involving the same issues in SC, CA, or different divisions thereof, or any other tribunal or agency; ii. If there is pending action or proceeding - status of the same; and iii. If he should thereafter learn that a similar action or proceeding has been filed or is pending before the SC, CA, or different divisions thereof, or any other tribunal or agency, he undertakes to promptly inform such court/tribunal/agency thereof within 5 days



Elevation of record 129 - discretionary  

2.

  

Failure to Comply with: a. Payment of the docket and other lawful fees b. Deposit for costs c. Proof of service of the petition d. Contents of and the documents which should accompany the petition If CA finds: 125 a. Patently without merit b. Prosecuted manifestly for delay c. Questions raised too insubstantial to require consideration



If it does not dismiss the Petition, CA may require Respondent to file comment within 10 days from notice 126 Contents of comment 127 - serve copy on petitioner 1. 2. 3. 4. 5. 6.



Sec. 4 Id. 127 Sec. 5 128 Sec. 6

When - upon the filing of comment/other pleadings as the court may allow or require, or after expiration of period for the filing thereof

Upon timely filing of petition + payment of fees RTC loses jurisdiction over the case upon perfection of the appeals filed in due time and the expiration of the time to appeal of the other parties XPNs – before CA gives due course to petition, RTC may: o issue orders for the protection and preservation of the rights of the parties which do not involve any matter litigated by the appeal o approve compromises o permit appeals of indigent litigants o order execution pending appeal in accordance with section 2 of Rule 39 o allow withdrawal of the appeal Effect of Appeal – stays judgment or final order o XPN: CA/law/Rules state otherwise o NOTE: This is different from the effect under Rule 43 and 64, where the filing of the petition/appeal does NOT stay the judgment/final order unless the CA/SC says otherwise

Submission for decision 131 

7 legible copies Certified true copies of material portions of the record referred to Other supporting papers State whether or not he accepts the statement of matters involved in the petition Insufficiencies or inaccuracies as he believes exist in petitioner's statement of matters (without repetition) Reasons why the petition should not be given due course

Due course 128

If CA deems it necessary May order RTC clerk to elevate the original record of the case, including the oral and documentary evidence within fifteen (15) days from notice

Perfection of Appeal 130

Grounds for Dismissal: 1.

What – CA finds prima facie that the lower court has committed an error of fact/law that warrants a reversal or modification of the appealed decision



If given due course, CA may: o set the case for oral argument; or o require the parties to submit memoranda within 15 days from notice Deemed submitted for decision upon filing of last pleading/memorandum required by Rules/court RULE 43 and 64 Appeal from Quasi-Judicial Agencies to CA

An appeal under Rule 43 is a discretionary mode of appeal. The CA is free do determine whether to give due course to it by requiring the respondent to file a Comment within 10 days, or dismiss it if it is prosecuted for delay, patently without merit, or the questions raised are too unsubstantial to warrant consideration. 132

Sec. 7 Sec. 8 131 Sec. 9 132 Maniebo v. CA

125

129

126

130

P a g e | 13 Marce Encarnacion and Miguel Manzo Appellate Practice Atty. Genilo (2nd sem; A.Y. 2018-2019)

SCOPE: GR: Appeals from awards, judgments, final orders or resolutions of or authorized by any quasi-judicial agency in the exercise of its quasijudicial functions, such as the: 133 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20.

Civil Service Commission Central Board of Assessment Appeals Securities and Exchange Commission Office of the President Land Registration Authority Social Security Commission Civil Aeronautics Board Bureau of Patents, Trademarks and Technology Transfer National Electrification Administration Energy Regulatory Board National Telecommunications Commission Department of Agrarian Reform under Republic Act No. 6657 Government Service Insurance System Employees Compensation Commission Agricultural Invention Board Insurance Commission Philippine Atomic Energy Commission Board of Investments Construction Industry Arbitration Commission Voluntary arbitrators authorized by law

2.

NOTE: This list is NOT exclusive XPNs: 1. 2.

Judgments or final orders issued under the Labor Code of the Philippines 134 a. Applicable remedy is Rule 65 certiorari to CA Decisions of CTA Division and En Banc 135 a. CTA Division > CTA En Banc > SC (Rule 45)

Coverage: questions of fact, of law, or mixed 136

3.

Periods: 137 1.

File petition to appeal within 15 days from: a. notice of the award, judgment, final order or resolution, or b. the date of its last publication, if publication is required by law for its effectivity, or c. denial of petitioner's MR/MNT duly filed in accordance with the governing law of the court or agency a quo. i. Only 1 MR allowed

Sec. 1 Sec. 2 135 Sec. 11, R.A. 9282 136 Sec. 3 137 Sec. 4

4.

ii. MR is not always required prior to filing under Rule 43. The governing rules of the agency concerned will determine whether it is required. If so, then nonfiling usually bars the appeal. If not, the petitioner has the option to file an MR, but non-fling of such does not affect his appeal under Rule 43. 138 However, in SSC v. CA, the SC allowed the petition despite non-compliance with SSC’s rules requiring an MR prior to judicial review. It stated that because of the obstinacy of the SSC, it would be futile and useless for the respondent to have filed the MR. 139 iii. A Motion for Clarificatory Judgment is not an MR and does not toll the period for filing a petition for review with the CA. Despite the filing of the motion, there was already a final judgment that could properly be the subject of a petition for review. 140 st 1 extension allowed (15 days ONLY) a. REQs. (to be fulfilled before expiration of reglementary period) i. filing of proper motion and the ii. payment of the full amount of the docket fee 1. NOTE: According to Atty. Genilo, in practice, your motion should indicate if you will ask for a TRO/injunction later on because this requires additional fees. This is to avoid any issue as to whether you paid the full amount of your fees or not. You can always choose to not file a TRO later, pero at least bayad na. 2nd extension (discretionary) – additional 15 days to file the petition for review. Subsequent extension – a. GR: No further extension shall be granted b. XPN: most compelling reason and max. 15 days.

Petition and Payment of Fees/Costs 141 1.

File a verified petition for review a. 7 legible copies with the Court of Appeals (indicate original) b. Proof of service of a copy on:

CHED v. Mercado SSC v. CA 140 CHED v. Mercado 141 Sec. 5

133

138

134

139

P a g e | 14 Marce Encarnacion and Miguel Manzo Appellate Practice Atty. Genilo (2nd sem; A.Y. 2018-2019)

c.

i. the adverse party; and ii. agency a quo Contents of Petition 142 i. full names of the parties to the case, without impleading the agencies; ii. concise statement of: 1. facts 2. issues 3. grounds relied upon for the review 4. NOTE: These may be integrated and such will constitute substantial compliance 143 iii. Material dates showing timeliness of appeal iv. Sworn Certification of Non-Forum Shopping as provided in last par. of Sec. 2, Rule 42 1. This is only required for the petition, not the motion for extension of time. 144 v. Attachments (MANDATORY; noncompliance may warrant dismissal by CA) 1. Clearly legible duplicate original or a certified true copy of the award, judgment, final order or resolution appealed from; a. intended to immediately enable the CA to decide whether to give due course or not 145 2. Copies of material portions of the record referred to therein; and a. Material – parts of the records that are relevant and directly bear on the issues and arguments raised and discussed in the petition 146 b. Only the material portions of the records that are REFERRED to in the petition are

Sec. 6 Deloso v. Marapao 144 De Dios v. CA 145 Maniebo v. CA 146 B.E. San Diego v. Alzul 147 Id. 148 Id.

c.

required to be attached, but it is prudent to attach all parts of the records which are necessary/relevant in any way to enable the court to reach a decision of the issues 147 This is required because transmittal of the records is discretionary and, even if allowed, takes a lot of time 148

d.

2.

NOTE: Contrary to what Sec. 6 states, the SC has provided that these material portions are no longer required to be certified as true 149 3. Other supporting papers. Upon filing, pay to the clerk of court of the CA: a. Docket fees b. Deposit P500 for costs c. XPN to payment (discretionary): file verified motion stating valid grounds. i. If CA denies the motion, pay within 15 days from notice of the denial.

Grounds for Dismissal: 1.

2. 3. 4.

Failure to comply with requirements 150 a. Payment of fees and deposit for costs b. Proof of service c. Contents and attachments Patently without merit 151 Prosecuted manifestly for delay 152 Questions raised are too unsubstantial to require consideration 153

If Appeal Allowed by CA: 154 CA may require the Respondent to file a Comment within 10 days from notice

Id. Sec. 7 151 Sec. 8 152 Id. 153 Id. 154 Sec. 8

142

149

143

150

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NOTE: NOT a MD Contents of Comment (must be filed in 7 legible copies): 155 1. 2. 3. 4.

Point out insufficiencies/inaccuracies in petitioner’s statement of facts/issues State reasons why petition should be denied/dismissed Proof of service on petitioner shall be filed with CA a. Does this mean it need not be attached to the Comment itself? Attachment: a. Material portions of the record referred to in the Comment b. Other supporting papers

2.

correction of or addition to the record f. When Deemed Submitted for Decision 159 upon filing of the last pleading or memorandum required by the Rules/CA Dismiss the Case – If no prima facie case

Effect of Appeal: 160  

GR: Does not stay the award/judgment/final order/resolution sought to be reviewed XPN: CA directs otherwise upon such terms as it may deem just

What Can the CA do? 156 1.

Sec. 9 Sec. 10 157 Sec. 13 158 Sec. 11 159 Id.

Give Due Course – if CA finds prima facie that the court or agency concerned has committed errors of fact or law that would warrant reversal or modification of the award, judgment, final order or resolution sought to be reviewed a. upon the filing of the comment/other pleadings/documents as may be required or allowed by CA; OR b. upon the expiration of the period for the filing thereof, and c. Basis: i. Records of the case ii. Pleadings filed d. Findings of fact of the agency concerned, when supported by substantial evidence, shall be binding on the Court of Appeals e. What Can CA Do Upon Giving Due Course (discretionary): 157 i. Set case for oral argument ii. Require parties to submit memoranda within 15 days from notice iii. Order transmittal of records 158 1. W/in 15 days from notice that the petition has been given due course, 2. CA may require the agency concerned to transmit the original or a legible certified true copy of the entire record of proceeding under review a. May be abridged by agreement of all parties to the proceeding b. CA may require or permit subsequent

RULE 64 Review of Judgments and Final Orders or Resolutions of COMELEC/COA 161 Mode of Review – Certrioari under Rule 65 to Supreme Court, except as hereinafter provided. 162 Period to File: w/in thirty (30) days from notice of the judgment or final order or resolution sought to be reviewed 163  

MR/MNT, if allowed under the procedural rules of the Commission concerned, interrupts the period If denied, the aggrieved party may file the petition within the remaining period from notice of denial (min. 5 days)

NOTE: This 30-day period is one of the main differences between Rule 64 and Rule 65 Procedure: 1.

Sec. 12 Sec. 1 162 Sec. 2 163 Sec. 3 164 Sec. 5

155

160

156

161

File verified petition (18 legible copies) 164 a. Contents: i. Petitioner – aggrieved party; Respondent – Commission concerned and person/s interested in sustaining the judgment, final order or resolution a quo ii. State: 1. Facts a. Findings of fact of Commission supported by substantial evidence shall be

P a g e | 16 Marce Encarnacion and Miguel Manzo Appellate Practice Atty. Genilo (2nd sem; A.Y. 2018-2019)

2. 3. 4. 5.

2. 3.

final and reviewable

non-

Issues Grounds Brief arguments Pray for judgment annulling or modifying the questioned judgment, final order or resolution 6. Specific material dates showing timeliness iii. Sworn Certification of Non-Forum Shopping as provided in Sec. 3(3) of Rule 46 b. Attachments: i. Clearly legible duplicate original or certified true copy of the judgment, final order or resolution ii. Certified true copies of material portions of the record referred to therein and iii. Other documents relevant and pertinent thereto c. Proof of service on: i. Commission concerned and ii. Adverse party The failure of petitioner to comply with any of the foregoing requirements shall be sufficient ground for the dismissal of the petition. (n) Pay docket fees and deposit (P500) upon filing 165 a. Attach proof of timely payment to petition 166

NON-COMPLIANCE = Sufficient ground for dismissal

3. 4.

Effect of Filing:  

2. 3.

GR: Upon the filing of the Comments, or other pleadings or papers as may be required or allowed, or the expiration of the period to do so XPNs: 1. 2.

SC sets case for oral arguments SC requires parties to submit memoranda

Source of Judgment/Final Order/Resoluti on CA, SB, RTC, Courts authorized by law Quasi-judicial agencies OMB 170 OMB 171

Original - with certified true copies of: a. material portions of the record as are referred to b. other supporting papers Copies – may contain only plain copies of all attachments Service to petitioner

COMELEC/ COA 173

NOTE: No other pleading may be filed by any party unless required or allowed by the Court

COMELEC/ COA 174

Grounds for Dismissal: 168 1. 2.

GR: Not stay the execution of what is being reviewed XPN: If SC directs otherwise upon such terms as it may deem just

When Deemed Submitted for Decision: 169

Respondent’s Comment – If SC finds the petition sufficient in form and substance, it shall require respondent to file comment w/in 10 days from notice (18 legible copies) 167 1.

Filed manifestly for delay Questions raised are too unsubstantial to warrant further proceedings

MTC/RTC 175

Subject Matter

Where to Appeal

Rule

Any judgment/final order

SC

Rule 45 (pure questions of law)

Any

CA

Rule 43

Administrative disciplinary cases Criminal cases (GADALEJ) or final/unappealab le orders of OMB in admin. cases Exercise of Quasi-judicial functions Exercise of Administrative powers (COA – money matters) Election Protest

CA

Rule 43

CA 172

Rule 65

SC

Rule 64

SC

Rule 65

COMELC (appellate jurisdicto n)

Rule 65

Non-compliance with form and contents required Insufficiency of form and substance

Sec. 4 Sec. 5 (last par.) 167 Secs. 6 and 7 168 Sec. 7 169 Sec. 9 170 Fabian v. Desierto

Nava v. NBI and Belongilot v. Cua Carpio-Morales v. CA 173 Comelec v. Querubin 174 Id. 175 Galang v. Geronimo

165

171

166

172

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COA 176

NLRC 179 DOLE Sec. 180

Labor disputes/Labor Code

Regional Office > Bureau of Labor Relations (appellate jurisdiction) 181 Bureau of Labor Relations > SOLE (appellate jurisdiction) Voluntary Arbitrator 182 DARAB 183

Petition for Certification Election

CA

Administrativ e Code of 1987 Rule 65 (GADALEJ) Rule 43 (errors of fact/law/mixe d) Rule 65 (aggrieved party has the whole 60-day period to file) Rule 65

Under Labor Code

CA

Rule 43

CA

Rule 43

DOJ Sec. 177

Administrative disciplinary cases Resolutions on criminal investigations

Appeal to CSC CA Office of the President > CA 178 MR then CA

Comparison of Certiorari under Rule 64 and 65 184

Period to File Petition Effect of MR/MNT Period if MR/MNT Denied

Rule 64 30 days from notice Interrupts Period Remaining Balance (min. 5 days)

Galindo v. COA Argovan v. San Miguel 178 Orosa v. Roa 179 St. Martin Funeral Homes v. NLRC 180 NFL v. Laguesma

Rule 65 60 days from notice Stops Period Fresh Period of 60 days

Abbott Labs v. Abbott Employees Union CEU Faculty Union v. CA 183 Deloso v. Marapao 184 Law Firm of Laguesma v. COA

176

181

177

182