Civpro Finals Notes

CIVPRO FINALS NOTES
- Rules 40 – 56 deal with the different modes of appeal

- When you appeal, it means that you are questioning the decision of the lower
court and you would like the higher court to review the decision of the lower
court because you are not happy or satisfied or contented with that decision and
your remedy under the law is to have it reviewed by the higher court.
- In appeal, it presupposes that it is a request for a review of the decision of the
lower court by the higher court.
- Different modes of appeal:
o Ordinary appeal
 Refers to appeal from the MTC to the RTC – governed by Rule 40
 Refers to appeal from the RTC in its original jurisdiction to the CA
– governed by Rule 41
o Petition for review under Rule 42 – review of the decision of the RTC in
the exercise of its appellate jurisdiction by the CA
o Petition for review under Rule 43 – review of the decision of the quasi-
judicial bodies by the CA
o Petition for Certiorari under Rule 45 – only mode of appeal from the CA
to the SC, which can only be done on pure questions of law; only
questions of law can be elevated to the SC; the SC is not a trier of facts but
a trier of law; they only entertain questions of law
- Hierarchy of courts:
o SC
o CA
o RTC
o MTC
- Can you appeal decisions of the RTC to the SC? Yes in exceptional cases.
RULE 40
APPEAL FROM MUNICIPAL TRIAL COURTS
TO THE REGIONAL TRIAL COURTS
Section 1. Where to appeal.
An appeal from a judgment or final order of a Municipal Trial Court may be taken to
the Regional Trial Court exercising jurisdiction over the area to which the former
pertains. The title of the case shall remain as it was in the court of origin, but the party
appealing the case shall be further referred to as the appellant and the adverse party as the
appellee.
Sec. 2. When to appeal.
An appeal may be taken within fifteen (15) days after notice to the appellant of the
judgment or final order appealed from. Where a record on appeal is required, the
appellant shall file a notice of appeal and a record on appeal within thirty (30) days after
notice of the judgment or final order.
The period of appeal shall be interrupted by a timely motion for new trial or
reconsideration. No motion for extension of time to file a motion for new trial or
reconsideration shall be allowed.
Sec. 3. How to appeal.
The appeal is taken by filing a notice of appeal with the court that rendered the
judgment or final order appealed from. The notice of appeal shall indicate the parties to
the appeal, the judgment or final order or part thereof appealed from, and state the
material dates showing the timeliness of the appeal.
A record on appeal shall be required only in special proceedings and in other cases of
multiple or separate appeals.
The form and contents of the record on appeal shall be as provided in section 6, Rule
41.
Copies of the notice of appeal, and the record on appeal where required, shall be
served on the adverse party.
Sec. 4. Perfection of appeal; effect thereof.
The perfection of the appeal and the effect thereof shall be governed by the provisions
of section 9, Rule 41.
Sec. 5. Appellate court docket and other lawful fees.
Within the period for taking an appeal, the appellant shall pay to the clerk of the court
which rendered the judgment or final order appealed from the full amount of the appellate
court docket and other lawful fees. Proof of payment thereof shall be transmitted to the
appellate court together with the original record or the record on appeal, as the case may
be.
Sec. 6. Duty of the clerk of court.
Within fifteen (15) days from the perfection of the appeal, the clerk of court or the
branch clerk of court of the lower court shall transmit the original record or the record on
appeal, together with the transcripts and exhibits, which he shall certify as complete, to
the proper Regional Trial Court. A copy of his letter of transmittal of the records to the
appellate court shall be furnished the parties.
Sec. 7. Procedure in the Regional Trial Court.

(a) upon receipt of the complete record or the record on appeal, the clerk of court of
the Regional Trial Court shall notify the parties of such fact.
(b) Within fifteen (15) days from such notice, it shall be the duty of the appellant to
submit a memorandum which shall briefly discuss the errors imputed to the lower court, a
copy of which shall be furnished by him to the adverse party. Within fifteen (15) days
from receipt of the appellant’s memorandum, the appellee may file his memorandum.
Failure of the appellant to file a memorandum shall be a ground for dismissal of the
appeal.
(c) Upon the filing of the memorandum of the appellee, or the expiration of the period
to do so, the case shall be considered submitted for decision. The Regional Trial Court
shall decide the case on the basis of the entire record of the proceedings had in the court
of origin and such memoranda as are filed.
Sec. 8. Appeal from orders dismissing case without trial; lack of jurisdiction.
If an appeal is taken from an order of the lower court dismissing the case without a
trial on the merits, the Regional Trial Court may affirm or reverse it, as the case may be.
In case of affirmance and the ground of dismissal is lack of jurisdiction over the subject
matter, the Regional Trial Court, if it has jurisdiction thereover, shall try the case on the
merits as if the case was originally filed with it. In case of reversal, the case shall be
remanded for further proceedings.
If the case was tried on the merits by the lower court without jurisdiction over the
subject matter, the Regional Trial Court on appeal shall not dismiss the case if it has
original jurisdiction thereof, but shall decide the case in accordance with the preceding
section, without prejudice to the admission of amended pleadings and additional evidence
in the interest of justice.
Sec. 9. Applicability of Rule 41.
The 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.
- How to appeal the decision from the MTC to the RTC:

o By mere notice of appeal – much simpler and the period is much shorter
than appeal by records on appeal; in an ordinary civil action, such as
collection cases or civil action for damages, the mode of appeal from
MTC to RTC is by mere notice of appeal.
 How to do this? When you receive the decision of the MTC that is
adverse to you, you just file a notice of appeal within 15 days from
the time you received the decision of the MTC.
 This can be done in only 2-5 minutes because it consists of only 1
paragraph (maybe 2 sentences)
• “Notice is hereby given that the undersigned counsel for
the defendant receives the decision of this Honorable Court
dated Feb. 14, 2010. A copy of which was received by the
undersigned on Feb. 25, 2010 and not satisfied by such
decision, we are appealing this case to the RTC.
 The most important thing to state in the notice of appeal is the
material date – the date when you received the decision that is
adverse to you – because non-mention of such date, the notice of
appeal will be considered a mere scrap of paper. It will not be
entertained by the court. The significance of the material date is
that it is the start for the 15-day period to appeal. Such date will be
the basis for the court to determine whether you filed the appeal on
time.
 Can you ask the court to extend the 15-day period to appeal by
mere notice of appeal? No.
o By notice of appeal plus records on appeal (Appeal by records on appeal)
 Refers to special proceedings and cases involving multiple appeals
 Special proceedings – are civil cases that are governed by Special
Rules (Rules 74-109), such as settlement of the estate of the
deceased person, probate of the will, guardianship, executor and
administrator of the estate of the deceased person, adoption,
change of name, correction of entries in the birth certificate,
constitution of a family home, habeas corpus
 Cases involving multiple appeals, example of which is a case
which could be divided into several matters or issues and where
you are allowed by law to appeal this particular issue and the court
has rendered partial judgment regarding such issue and then such
judgment by the court will be appealed. In the meantime, the other
issues are still to be resolved by the court. Several appeals that can
be made out of the same or one case.
 How is it done? File a notice of appeal and also records on appeal.
In records on appeal, you have to compile the records of the case,
arrange all the pleadings and orders of the court chronologically
based on the date. That is why you need time and therefore, the
period here is longer – 30 days to appeal.
 Can you ask the court to extend the 30-day period to appeal by
records on appeal? Yes, if you think that 30 days is not enough for
you to complete the records of the case to be filed in court.
- When is appeal deemed perfected?
o The perfection of the appeal is governed by Rule 41, Sec. 9: An appeal is
deemed perfected from the time you filed the notice of appeal as to the
appellant but not yet perfected as to the appellee. The reason for this is
that both parties have a right to appeal the decision.
o Correct answer: It depends on the party you are asking. For the party who
filed the notice of appeal, the appeal is deemed perfected from the moment
you filed the notice of appeal but that is perfected only as to you, not
perfected as to the other party.
 Illustration: If in a case, the winning party filed a notice of appeal.
The appeal is deemed perfected, therefore, as to the winning party
but not to the losing party. It is deemed perfected only as to both
parties if the 15-day period to appeal has lapsed and the losing
party did not appeal. This is the only time where the court loses
jurisdiction over the case – when the appeal is deemed perfected as
to both parties.
- One of the condition in an appeal is that when you file an appeal, you have to pay
the docket/appeal fees
o When and where do you pay the docket fees? Docket fees must be paid in
the court of origin within the 15-day period to appeal.
o What happens when you file a notice of appeal and you did not pay the
docket fees? The notice of appeal can never be perfected without paying
the docket fees. Thus, if you haven’t paid the docket fees after the 15-day
period to appeal has already expired, the notice of appeal that you filed
will be considered as a mere scrap of paper. Non-payment of the docket
fee is a ground for the dismissal of an appeal. Payment of the docket fees
must be in full.
- Effect of a dismissal of case without trial on the merits
o Illustration: Suppose a case was filed in the MTC and the MTC dismissed
the case without even a trial on the ground of lack of jurisdiction over the
case. The losing party does not agree with the MTC, thus, the losing
appeal the case to the RTC. What will the RTC do? The RTC will review
and determine whether the MTC is correct or not. If the RTC finds that the
MTC is wrong in dismissing the case because the MTC really has
jurisdiction to try the case, then the RTC will just remand the case to the
MTC with an order to conduct a hearing because it has jurisdiction to try
the case. However, if the RTC finds that the MTC is correct in dismissing
the case that it has no jurisdiction since the case actually falls under the
jurisdiction of the RTC, then the RTC will assume jurisdiction instead of
dismissing the case. The reason for this is in order to save time and
money.
 Example: There is a case of collection of sum of money involving
the amount of 250,000. The case was filed in the MTC and the
MTC dismissed the case on the ground that it has no jurisdiction to
try such case. The case was appealed to the RTC. The RTC, after
reviewing the case and finds that the MTC is wrong in its decision,
RTC will remand the case to the MTC and order MTC to take
cognizance of the case.
 Suppose the case that was filed in the MTC involves the amount of
300,000. The RTC, then, after reviewing the case and finds that the
MTC was correct in its decision since jurisdiction over the case
lies with the RTC, then the RTC will now assume jurisdiction and
try the case.
- When the appeal is already perfected, what will the MTC do? It is the duty of the
clerk of court of the MTC to immediately complete the records of the case and
then forward it to the RTC within 15 days unless there are valid reasons that the
15-day period is not enough, in which case, the clerk of court must communicate
with the RTC and tell such court why he cannot complete the records of the case
within the 15-day period. (Example: Stenographer died that’s why the
stenographic notes could not be transcribed anymore)
- What will the RTC do upon receipt of the records of the case? The clerk of court
of the RTC will immediately notify both parties that the records of the case is now
with the RTC and that the appellant will now be required to file his memorandum
on appeal.
- Within 15 days of such notice by the clerk of court, the appellant will have to file
his memorandum on appeal and a copy of which must be served on the appellee.
The appellee also is given 15 days from the moment he received the appellant’s
memorandum within which to file his memorandum.
- What is this appellant’s memorandum? It is a written argument submitted by the
appellant to convince the RTC that the lower court committed a mistake that
warrants a reversal of the decision of the lower court.
- What is the effect if the appellants failed to file his memorandum? The appeal will
be dismissed.
- Once the appellant’s memorandum, a copy of which furnished to the appellee,
within 15 days, the appellee will also file his memorandum in answer to the
appellant’s memorandum.
- What happens if the appellee did not file his memorandum? No effect. Failure to
file appellee’s memorandum would not mean that the appellee will lose the case
because with or without his memorandum, the case will still be submitted for
decision or resolution after the lapse of the period to file appellee’s memorandum.
- The appellee’s memorandum is a written argument telling the RTC that the MTC
is very correct in deciding the case. You side with the MTC.
RULE 41
APPEAL FROM THE REGIONAL TRIAL COURTS
Section 1. Subject of appeal.
An appeal may be taken from a judgment or final order that completely disposes of
the case, or of a particular matter therein when declared by these Rules to be appealable.
No appeal may be taken from:
(a) An order denying a motion for new trial or reconsideration;
(b) An order denying a petition for relief or any similar motion seeking relief from
judgment;
(c) An interlocutory order;
(d) An order disallowing or dismissing an appeal;

(e) 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;
(f) An order of execution;
(g) A judgment or final order for or against one or more of several parties or in
separate claims, counterclaims, cross-claims and third-party complaints, while the main
case is pending, unless the court allows an appeal therefrom; and
(h) An order dismissing an action without prejudice.
In all the above instances where the judgment or final order is not appealable, the
aggrieved party may file an appropriate special civil action under Rule 65.
Sec. 2. Modes of appeal.
(a) Ordinary appeal.- The appeal to the Court of Appeals in cases decided by the
Regional Trial Court in the exercise of its original jurisdiction shall be taken by filing a
notice of appeal with the court which rendered the judgment or final order appealed from
and serving a copy thereof upon the adverse party. No record on appeal shall be required
except in special proceedings and other cases of multiple or separate appeals where the
law or these Rules so require. In such cases, the record on appeal shall be filed and served
in like manner.
(b) Petition for review.- The appeal to the Court of Appeals in cases decided by the
Regional Trial Court in the exercise of its appellate jurisdiction shall be by petition for
review in accordance with Rule 42.
(c) Appeal by certiorari.- In all cases where only questions of law are raised or
involved, the appeal shall be to the Supreme Court by petition for review on certiorari in
accordance with Rule 45.
Sec. 3. Period of ordinary appeal.
The appeal shall be taken within fifteen (15) days from notice of the judgment or final
order appealed from. Where a record on appeal is required, the appellant shall file a
notice of appeal and a record on appeal within thirty (30) days from notice of the
judgment or final order.
The period of appeal shall be interrupted by a timely motion for new trial or
reconsideration. No motion for extension of time to file a motion for new trial or
Sec. 4. Appellate court docket and other lawful fees.

Within the period for taking an appeal, the appellant shall pay to the clerk of the court
which rendered the judgment or final order appealed from, the full amount of the
appellate court docket and other lawful fees. Proof of payment of said fees shall be
transmitted to the appellate court together with the original record or the record on
appeal.
Sec. 5. Notice of appeal.
The notice of appeal shall indicate the parties to the appeal, specify the judgment or
final order or part thereof appealed from, specify the court to which the appeal is being
taken, and state the material dates showing the timeliness of the appeal.
Sec. 6. Record on appeal; form and contents thereof.
The full names of all the parties to the proceedings shall be stated in the caption of the
record on appeal and it shall include the judgment or final order from which the appeal is
taken and, in chronological order, copies of only such pleadings, petitions, motions and
all interlocutory orders as are related to the appealed judgment or final order for the
proper understanding of the issue involved, together with such data as will show that the
appeal was perfected on time. If an issue of fact is to be raised on appeal, the record on
appeal shall include by reference all the evidence, testimonial and documentary, taken
upon the issue involved. The reference shall specify the documentary evidence by the
exhibit numbers or letters by which it was identified when admitted or offered at the
hearing, and the testimonial evidence by the names of the corresponding witnesses. If the
whole testimonial and documentary evidence in the case is to be included, a statement to
that effect will be sufficient without mentioning the names of the witnesses or the
numbers or letters of exhibits. Every record on appeal exceeding twenty (20) pages must
contain a subject index.
Sec. 7. Approval of record on appeal.
Upon the filing of the record on appeal for approval and if no objection is filed by the
appellee within five (5) days from receipt of a copy thereof, the trial court may approve it
as presented or upon its own motion or at the instance of the appellee, may direct its
amendment by the inclusion of any omitted matters which are deemed essential to the
determination of the issue of law or fact involved in the appeal. If the trial court orders
the amendment of the record, the appellant, within the time limited in the order, or such
extension thereof as may be granted, or if no time is fixed by the order within ten (10)
days from receipt thereof, shall redraft the record by including therein, in their proper
chronological sequence, such additional matters as the court may have directed him to
incorporate, and shall thereupon submit the redrafted record for approval, upon notice to
the appellee, in like manner as the original draft.
Sec. 8. Joint record on appeal.

Where both parties are appellants, they may file a joint record on appeal within the
time fixed by section 3 of this Rule, or that fixed by the court.
A party’s appeal by notice of appeal is deemed perfected as to him upon the filing of
the notice of appeal in due time.
A party’s appeal by record on appeal is deemed perfected as to him with respect to

the subject matter thereof upon the approval of the record on appeal filed in due time.
In appeals by notice of appeal, the court loses jurisdiction over the case upon the
perfection of the appeals filed in due time and the expiration of the time to appeal of the
other parties.
In appeals by record on appeal, the court loses jurisdiction only over the subject
matter thereof upon the approval of the records on appeal filed in due time and the
expiration of the time to appeal of the other parties.
In either case, prior to the transmittal of the original record or the record on appeal,
the court may issue orders for the protection and preservation of the rights of the parties
which do not involve any matter litigated by the appeal, approve compromises, permit
appeals of indigent litigants, order execution pending appeal in accordance with section 2
of Rule 39, and allow withdrawal of the appeal.
Sec. 10. Duty of clerk of court of the lower court upon perfection of appeal.
Within thirty (30) days after perfection of all the appeals in accordance with the
preceding section, it shall be the duty of the clerk of court of the lower court:
(a) To verify the correctness of the original record or the record on appeal, as the
case may be, and to make a certification of its correctness;
(b) To verify the completeness of the records that will be transmitted to the
appellate court;
(c) If found to be incomplete, to take such measures as may be required to

complete the records, availing of the authority that he or the court may exercise for this
purpose; and
(d) To transmit the records to the appellate court.
If the efforts to complete the records fail, he shall indicate in his letter of
transmittal the exhibits or transcripts not included in the records being transmitted to the
appellate court, the reasons for their non-transmittal, and the steps taken or that could be
taken to have them available.
The clerk of court shall furnish the parties with copies of his letter of transmittal
of the records to the appellate court.
Sec. 11. Transcript.
Upon the perfection of the appeal, the clerk shall immediately direct the
stenographers concerned to attach to the record of the case five (5) copies of the
transcripts of the testimonial evidence referred to in the record on appeal. The
stenographers concerned shall transcribe such testimonial evidence and shall prepare and
affix to their transcripts an index containing the names of the witnesses and the pages
wherein their testimonies are found, and a list of the exhibits and the pages wherein each
of them appears to have been offered and admitted or rejected by the trial court. The
transcripts shall be transmitted to the clerk of the trial court who shall thereupon arrange
the same in the order in which the witnesses testified at the trial, and shall cause the pages
to be numbered consecutively.
Sec. 12. Transmittal.
The clerk of the trial court shall transmit to the appellate court the original record or
the approved record on appeal within thirty (30) days from the perfection of the appeal,
together with the proof of payment of the appellate court docket and other lawful fees, a
certified true copy of the minutes of the proceedings, the order of approval, the certificate
of correctness, the original documentary evidence referred to therein, and the original and
three (3) copies of the transcripts. Copies of the transcripts and certified true copies of the
documentary evidence shall remain in the lower court for the examination of the parties.
Sec. 13. Dismissal of appeal.
Prior to the transmittal of the original record or the record on appeal to the appellate
court, the trial court may motu proprio or on motion dismiss the appeal for having been
taken out of time.
- Rule 41 – rule that governs the appeal from the decision of the RTC in the
exercise of its original jurisdiction to the CA
- Decisions of the RTC are only appealable to the CA
o E: When the appeal involves only pure questions of law, then the appeal is
to the SC
- What kind of decisions of the RTC can be appealed to the CA? Only those final
judgments or final orders are appealable to the CA. Meaning these are judgments
or orders of the courts that completely dispose of the case that there is nothing
more left to be done by the court because the court has already performed its task
in deciding the case on the merits.
- If the order of the court is merely an interlocutory order – it is an order that does
not dispose of the case yet, meaning, there are still many things that the court will
(such as when the court has not yet started the trial of the case; the court has not
yet ruled on the merits of the case) – then the order is not appealable
- Cases from the RTC that cannot be appealed to the CA:
o Order denying a motion for new trial or reconsideration;
o Order denying a petition for relief or any similar motion seeking relief
from judgment;
o Interlocutory order;
o Order disallowing or dismissing an appeal;
o 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;
o Order of execution;
o Judgment or final order for or against one or more of several parties or in
separate claims, counterclaims, cross-claims and third-party complaints,
while the main case is pending, unless the court allows an appeal
therefrom;
o Order dismissing an action without prejudice.
- The remedy of the above-mentioned cases is to file a Petition for Certiorari under
Rule 65, which is a special civil action. However, if it is an order denying a
motion for new trial or reconsideration, the remedy is to appeal from the judgment
itself on the merits of the case.
- In the RTC, there are 3 modes of appealing the decision of the RTC to the CA or
SC:
o Ordinary appeal – refers to appeal of the decision of the RTC in its
original jurisdiction
 An appeal by mere notice of appeal – the period is 15 days from
receipt of judgment of the RTC; applicable in ordinary civil actions
 An appeal by records on appeal – the period is 30 days from
receipt of RTC’s judgment; applicable in special proceedings or
cases involving multiple appeals
o Petition for review under Rule 42 – refers to the Petition for review of the
decision of the RTC in the exercise of its appellate jurisdiction
o Petition for certiorari under Rule 45 (Appeal by certiorari so as to
distinguish it from Petition for certiorari under Rule 65) – in Rule 65,
certiorari here is a special civil action, it is not considered an appeal since
it is an original action. In Rule 45 is a mode of appeal, it is the only mode
of appeal to the SC. (Example: Cases that are already decided by the CA)
- There are decisions in the RTC that are appealable directly to the SC, without
passing through the CA, only if the issue raised is pure question of law. There is
no question of fact involved. And also in criminal cases involving capital
punishment (Death or life imprisonment), in which case, there will be an
automatic review to the SC.
- In habeas corpus cases, the period to appeal is much shorter, that is 48 hours or 2
days, for it involves a matter that is urgent and that is the liberty of a person. It
should be acted upon by the court immediately. The filing of an appeal in habeas
corpus cases will automatically stay or held in abeyance the execution of
judgment.
- The appeal from the RTC to the CA also requires payment of docket fees. Such
docket fees must be paid simultaneously with the notice of appeal or at least it
should be paid within the period to appeal (15-day period).
o If you appeal decision of the RTC by mere notice of appeal and you filed
your notice of appeal right after you receive the decision that is adverse to
you, you need not pay the docket fee right then and there. You can pay the
docket fee on the next day or within the 15-day period. The court will not
dismiss the appeal if you haven’t paid the docket fee yet provided that the
15-day period has not yet expired
- Within the 15-day period to appeal, you are allowed to file a motion for
reconsideration or new trial. What is the effect of filing such motion? The period
to appeal shall be interrupted by the timely motion for new trial or
reconsideration. No motion for extension of time for filing motion for new trial or
o When the motion for new trial or reconsideration is denied, you are given
a fresh period of 15 days, not just the remaining balance but you should
have another 15 days within which to appeal.
- How is the appeal done? File the notice of appeal and pay the docket fees in the
RTC. Then the RTC clerk of court will gather all the records, will complete the
records of the case and elevate it to the CA. Once the records are received by the
CA, the CA will notify both parties and then the CA will now order the appellant
to file his appellant’s brief within 45 days from notice who must furnish a copy of
such brief to the appellee. The appellee is also given 45 days from receipt of the
copy of appellant’s brief within which he would his appellee’s brief.
- Failure of the appellant to file his brief is a ground for the dismissal of the appeal.
- Failure of the appellee to file his brief is not fatal. It does not mean he will lose
the case because the filing of the appellee’s brief is not mandatory. Filing of
appellant’s brief is, however, mandatory.
- In case of an appeal by records on appeal requires the filing first of the notice of
appeal and accompanied by the records on appeal.
- Record on appeal – is a compilation of all the records of the case where the
appellant will have to arrange the records and present it to court. It shall be
arranged in chronological order containing all the pleadings filed and orders
issued by the court relative to the case at bar. You need a narration of the facts of
the case supported by corresponding pleading or orders or judgment of the court.
You make a story of the case – where the case was filed, how did it start.
- 30-day period to file an appeal by records on appeal can be extended if the 30-day
period is not sufficient.
- Once you file the records on appeal, the records on appeal must be approved by
the court first. There is approval on the records on appeal. Here the court will
examine whether the records on appeal is in order – whether it contains all the
important pleadings and orders of the courts and arranged in a chronological
order. If the court finds that there are pleadings or orders that were omitted which
are necessary to the proper resolution of the case then the court will call the
attention of the appellant of such omission and order the appellant to amend the
records on appeal and that is the time that the court will grant the records on
appeal.
- When is an appeal considered perfected?
o In the case of an appeal by mere notice of appeal – the appeal is deemed
perfected as to the appellant from the moment he filed the notice of appeal
in the court plus of course payment of the docket fees. But as to the
appellee, the appeal is not yet perfected as to him until the lapse of the 15-
day period for him to appeal.
o In the case of an appeal by records on appeal, the appeal is deemed
perfected from the time of the approval on the records on appeal as to the
appellant. But as to the appellee, it becomes perfected only after the lapse
of the 30-day period within which he is allowed to file an appeal by
records on appeal.
o Once the period to file an appeal has expired and no appeal was filed by
the appellee, then the case is deemed perfected as to both parties already.
From this moment, the court loses jurisdiction over the case. Jurisdiction
is now transferred to the CA.
 However, the court of origin (RTC) will retain residual jurisdiction
on the case for as long as the records of the case has not yet been
elevated to the CA. If the records of the case are still with the RTC,
the RTC may issue an order that involves the preservation of the
rights of the parties. It may issue an order granting the withdrawal
of appeal or an order granting the compromise agreement
submitted by the parties. It may even grant execution pending
appeal. It may grant a request of appeal by an indigent litigant.
These are some of the acts that can be performed by the RTC
despite the fact that the appeal has already been perfected. Here,
the RTC is allowed by law to perform these acts as part of its
residual jurisdiction.
- The RTC, before the transmittal of the records of the case to the CA, has also the
authority to motu proprio or on motion dismiss the appeal if it finds that the
appeal was taken out of time or for non-payment of the docket or other lawful
fees.
- It is possible that when you file your notice of appeal and the RTC accepted such
notice without examining first the material date and it was only later on that the
RTC discovered that you appeal was filed out of time or you have not yet paid the
docket fees upon filing of the notice and the 15-day period has already expired
then the RTC can dismiss the appeal for as long as the records of the case has not
yet been forwarded to the CA. If the records has already been forwarded, it is
already the CA who will dismiss the appeal.
RULE 42
PETITION FOR REVIEW FROM THE REGIONAL TRIAL COURTS TO THE
COURT OF APPEALS
Section 1. How appeal taken; time for filing.

A party desiring to appeal from a decision of the Regional Trial Court rendered in the
exercise of its appellate jurisdiction may file a verified petition for review with the Court
of Appeals, paying at the same time to the clerk of said court the corresponding docket
and other lawful fees, depositing the amount of P500.00 for costs, and furnishing the
Regional Trial Court and the adverse party with a copy of the petition. The petition shall
be filed and served within fifteen (15) days from notice of the decision sought to be
reviewed or of the denial of petitioner’s motion for new trial or reconsideration filed in
due time after judgment. Upon proper motion and the payment of the full amount of the
docket and other lawful fees and the deposit for costs before the expiration of the
reglementary period, the Court of Appeals may grant an additional period of fifteen (15)
days only within which to file the petition for review. No further extension shall be
granted except for the most compelling reason and in no case to exceed fifteen (15) days.
Sec. 2. Form and contents.
The petition shall be filed in seven (7) legible copies, with the original copy intended
for the court being indicated as such by the petitioner, and shall (a) state the full names of
the parties to the case, without impleading the lower courts or judges thereof either as
petitioners or respondents; (b) indicate the specific material dates showing that it was
filed on time; (c) set forth concisely a statement of the matters involved, the issues raised,
the specification of errors of fact or law, or both, allegedly committed by the Regional
Trial Court, and the reasons or arguments relied upon for the allowance of the appeal; (d)
be accompanied by clearly legible duplicate originals or true copies of the judgments or
final orders of both lower courts, certified correct by the clerk of court of the Regional
Trial Court, the requisite number of plain copies thereof and of the pleadings and other
material portions of the record as would support the allegations of the petition.
The petitioner shall also submit together with the petition a certification under oath
that he has not theretofore commenced any other action involving the same issues in the
Supreme Court, the Court of Appeals or different divisions thereof, or any other tribunal
or agency; if there is such other action or proceeding, he must state the status of the same;
and if he should thereafter learn that a similar action or proceeding has been filed or is
pending before the Supreme Court, the Court of Appeals, or different divisions thereof, or
any other tribunal or agency, he undertakes to promptly inform the aforesaid courts and
other tribunal or agency thereof within five (5) days therefrom.
Sec. 3. Effect of failure to comply with requirements.
The failure of the petitioner to comply with any of the foregoing requirements
regarding the payment of the docket and other lawful fees, the deposit for costs, proof of
service of the petition, and the contents of and the documents which should accompany
the petition shall be sufficient ground for the dismissal thereof.
Sec. 4. Action on the petition.

The Court of Appeals may require the respondent to file a comment on the petition,
not a motion to dismiss, within ten (10) days from notice, or dismiss the petition if it
finds the same to be patently without merit, prosecuted manifestly for delay, or that the
questions raised therein are too unsubstantial to require consideration.
Sec. 5. Contents of comment.
The comment of the respondent shall be filed in seven (7) legible copies,
accompanied by certified true copies of such material portions of the record referred to
therein together with other supporting papers and shall (a) state whether or not he accepts
the statement of matters involved in the petition; (b) point out such insufficiencies or
inaccuracies as he believes exist in petitioner’s statement of matters involved but without
repetition; and (c) state the reasons why the petition should not be given due course. A
copy thereof shall be served on the petitioner.
Sec. 6. Due course.
If upon the filing of the comment or such other pleadings as the court may allow or
require, or after the expiration of the period for the filing thereof without such comment
or pleading having been submitted, the Court of Appeals finds prima facie that the lower
court has committed an error of fact or law that will warrant a reversal or modification of
the appealed decision, it may accordingly give due course to the petition.
Sec. 7. Elevation of record.
Whenever the Court of Appeals deems it necessary, it may order the clerk of court of
the Regional Trial Court to elevate the original record of the case including the oral and
documentary evidence within fifteen (15) days from notice.
(a) Upon the timely filing of a petition for review and the payment of the
corresponding docket and other lawful fees, the appeal is deemed perfected as to the
petitioner.
The Regional Trial Court loses jurisdiction over the case upon the perfection of the
appeals filed in due time and the expiration of the time to appeal of the other parties.
However, before the Court of Appeals gives due course to the petition, the Regional
Trial Court may issue orders for the protection and preservation of the rights of the
parties which do not involve any matter litigated by the appeal, approve compromises,
permit appeals of indigent litigants, order execution pending appeal in accordance with
section 2 of Rule 39, and allow withdrawal of the appeal.
(b) Except in civil cases decided under the Rule on Summary Procedure, the appeal
shall stay the judgment or final order unless the Court of Appeals, the law, or these Rules
shall provide otherwise.
Sec. 9. Submission for decision.
If the petition is given due course, the Court of Appeals may set the case for oral
argument or require the parties to submit memoranda within a period of fifteen (15) days
from notice. The case shall be deemed submitted for decision upon the filing of the last
pleading or memorandum required by these Rules or by the court itself.
- There are 3 kinds of petition for review:

o Petition for review under rule 42
o Petition for review under rule 43
o Petition for review on certiorari under rule 45
- Petition for review under rule 42 refers to the decision of the RTC in the exercise
of its appellate jurisdiction. This means that the case started in the MTC and then
it was appealed to the RTC.
- When the RTC decides a case in the exercise of its appellate jurisdiction over the
MTC, the RTC decision can be appealed to the CA only through a petition for
review under rule 42.
- How is appeal done? File a verified petition for review containing all the
arguments why the RTC has committed an error and why you wanted the decision
of the RTC to be reversed or modified by the CA.
- Where to file petition for review? File it in the CA and pay the docket and other
lawful fees and pay a deposit of 500 for the costs.
- When can you file the petition for review? Within 15 days from receipt of RTC’s
decision that is adverse to you.
- Instead of filing a petition for review, can you file a motion for new trial or
reconsideration instead? Yes.
o If the motion for new trial or reconsideration is denied, you are given a
fresh period of 15 days within which to file a petition for review.
- The 15-day period within which to file a petition for review under rule 42 can be
extended if you file a motion for extension of time to file your petition for review.
But there are 2 conditions that must be met before the CA will grant such motion
for extension:
o The motion must be filed within the original period of 15 days
o The motion must be accompanied also payment of the docket fees and
other lawful fees plus deposit for costs of 500.
- The petition for review must be verified (at the end of the petition, it must be
signed by the petitioner and then it must be notarized by a lawyer)
- How to prepare the petition? Prepare 7 legible copies of the verified petition and
give a copy to the court below and to the respondent.
- What are the forms and contents for a petition for review?
o State the full names of the parties to the case, without impleading the
lower courts or judges thereof either as petitioners or respondents –
impleading the lower courts or judges is allowed only in petitions for
certiorari under rule 65 (ground: judge acted with grave abuse of
discretion amounting to lack or excess of jurisdiction)
o Indicate the specific material dates showing that it was filed on time –
state a brief statement of the case – what is the case all about; material
dates – the date of the decision of the RTC and the date of receipt of such
decision. Failure to state the material date is fatal. It is a ground for the
dismissal of the petition for review
o Set forth concisely a statement of the matters involved, the issues raised,
the specification of errors of fact or law, or both, allegedly committed by
the Regional Trial Court, and the reasons or arguments relied upon for the
allowance of the appeal by clearly legible duplicate originals or true
copies of the judgments or final orders of both lower courts, certified
correct by the clerk of court of the Regional Trial Court, the requisite
number of plain copies thereof and of the pleadings and other material
portions of the record as would support the allegations of the petition. – In
petition for review under rule 42 where the RTC exercises its appellate
jurisdiction, you may either raise the issue on questions of fact or law or
mix questions of fact or law or pure questions of law to the CA even if
there is no factual issue involved unlike in rule 41 in which the RTC
exercise its original jurisdiction, wherein pure questions of law must be
raised to the SC
o Be accompanied by clearly legible duplicate originals or true copies of the
judgments or final orders of both lower courts, certified correct by the
clerk of court of the Regional Trial Court, the requisite number of plain
copies thereof and of the pleadings and other material portions of the
record as would support the allegations of the petition.
o Must contain a certification of non-forum shopping
- Failure to comply with the following requirements will be a ground for the
dismissal of the petition for review:
o Payment of the docket fees and other lawful fees and the deposit for costs
of 500
o Furnishing a copy of the petition to the RTC and to the respondent
o Petition must contain a certification of non-forum shopping
o Petition must specify the errors of fact or law or both committed by the
RTC
- Petition for review under rule 42 is discretionary on the court. It is not a matter of
right. It is within the sound discretion of the CA to accept the petition or not.
- Upon receipt by the CA of the petition, if the CA will grant the petition, then the
CA will require the other party to file a comment on the petition and if not, then
the CA can outrightly dismiss the petition on any of the following grounds:
o Petition is patently without merit
o Petition is manifestly prosecuted for delay
o The questions raised in the petition are too unsubstantial to warrant
consideration
- When the petition for review is filed in the CA, the respondent will be furnished a
copy of such petition. Once petition is received, wait for the CA to require you to
file a comment because the CA might outrightly dismiss the petition
- If the CA will require you to file a comment then you have to file the comment
within the period stated in the order of the CA
- After filing comment, CA will now determine whether or not to give due course
to the petition. If the CA finds that there is prima facie evidence that the RTC has
committed an error of fact or law to warrant the reversal or modification of the
said judgment then the CA will issue an order giving due course to the petition.
- Procedures in sum:
o File the petition
o If CA grants petition, CA will require respondent to comment on the
petition unless CA outrightly dismisses the petition
o CA will then determine whether or not to give due course to the petition
- When the CA gives due course to the petition, it doesn’t mean that the petitioner
won the case. It simply means that the CA finds that there is basis probably to
reverse the decision of the RTC. CA finds that there is prima facie evidence that
the RTC has committed an error.
- After the court gives due course to the petition, the court will then require the
parties to submit their respective written memorandum or if not, to require the
parties to argue orally in the CA and on the basis of the memorandum or oral
arguments, the court will decide the case
- When the court gives due course to the petition, the court will then order the RTC
to elevate the records of the case to the CA for the CA to make a study and then
render a decision
- When is appeal under rule 42 deemed perfected? From the moment the petition
for review is filed in the CA and the docket fees and other lawful fees are paid as
to the appellant. But for the appellee, it is after the lapse of the 15-day period for
him to appeal. At this time, the appeal is deemed perfected for both parties.
- RTC will also retain its residual jurisdiction over the case that is appealed to the
CA. RTC may still issue discretionary execution or grant compromise agreements
or issue orders for the preservation of the rights of the parties if the petition for
review has not yet been given due course even if the appeal is already deemed
perfected.
- What is the effect of petition for review on the execution of the judgment in the
RTC? Except in civil cases provided under the rules on summary procedure, the
appeal shall stay the judgment or final order unless the CA, the law or these rules
shall provide otherwise. When you file a petition for review to the CA under rule
42, the execution of the decision of the RTC is stayed, you cannot enforce when it
is raised to the CA except when the case is emanated from the MTC and it falls
under the rules on summary procedure (since in the rules on summary procedure,
the decision of the RTC in its appellate jurisdiction is immediately executory)
unless it is stayed by the CA and the CA will issue a TRO or injunction.
RULE 43
APPEALS FROM THE COURT OF TAX APPEALS
AND QUASI-JUDICIAL AGENCIES
TO THE COURT OF APPEALS
Section 1. Scope.
This Rule shall apply to appeals from judgments or final orders of the Court of Tax
Appeals and from awards, judgments, final orders or resolutions of or authorized by any
quasi-judicial agency in the exercise of its quasi-judicial functions. Among these agencies
are the 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 Inventions Board, Insurance Commission,
Philippine Atomic Energy Commission, Board of Investments, Construction Industry
Arbitration Commission, and voluntary arbitrators authorized by law.
Sec. 2. Cases not covered.
This Rule shall not apply to judgments or final orders issued under the Labor Code of
the Philippines.
Sec. 3. Where to appeal.
An appeal under this Rule may be taken to the Court of Appeals within the period and
in the manner herein provided, whether the appeal involves questions of fact, of law, or
mixed questions of fact and law.
Sec. 4. Period of appeal.
The appeal shall be taken within fifteen (15) days from notice of the award, judgment,
final order or resolution, or from the date of its last publication, if publication is required
by law for its effectivity, or of the denial of petitioner’s motion for new trial or
reconsideration duly filed in accordance with the governing law of the court or agency a
quo. Only one (1) motion for reconsideration shall be allowed. Upon proper motion and
the payment of the full amount of the docket fee before the expiration of the reglementary
period, the Court of Appeals may grant an additional period of fifteen (15) days only
within which to file the petition for review. No further extension shall be granted except
for the most compelling reason and in no case to exceed fifteen (15) days.
Sec. 5. How appeal taken.
Appeal shall be taken by filing a verified petition for review in seven (7) legible
copies with the Court of Appeals, with proof of service of a copy thereof on the adverse
party and on the court or agency a quo. The original copy of the petition intended for the
Court of Appeals shall be indicated as such by the petitioner.
Upon the filing of the petition, the petitioner shall pay to the clerk of court of the
Court of Appeals the docketing and other lawful fees and deposit the sum of P500.00 for
costs. Exemption from payment of docketing and other lawful fees and the deposit for
costs may be granted by the Court of Appeals upon a verified motion setting forth valid
grounds therefor. If the Court of Appeals denies the motion, the petitioner shall pay the
docketing and other lawful fees and deposit for costs within fifteen (15) days from notice
of the denial.
Sec. 6. Contents of the petition.
The petition for review shall (a) state the full names of the parties to the case, without
impleading the court or agencies either as petitioners or respondents; (b) contain a
concise statement of the facts and issues involved and the grounds relied upon for the
review; (c) be accompanied by a clearly legible duplicate original or a certified true copy
of the award, judgment, final order or resolution appealed from, together with certified
true copies of such material portions of the record referred to therein and other supporting
papers; and (d) contain a sworn certification against forum shopping as provided in the
last paragraph of section 2, Rule 42. The petition shall state the specific material dates
showing that it was filed within the period fixed herein.
Sec. 7. Effect of failure to comply with requirements.
regarding the payment of the docket and other lawful fees, the deposit for costs, proof of
Sec. 8. Action on the petition.
The Court of Appeals may require the respondent to file a comment on the petition,
not a motion to dismiss, within ten (10) days from notice, or dismiss the petition if it
finds the same to be patently without merit, prosecuted manifestly for delay, or that the
questions raised therein are too unsubstantial to require consideration.
Sec. 9. Contents of comment.
The comment shall be filed within ten (10) days from notice in seven (7) legible
copies and accompanied by clearly legible certified true copies of such material portions
of the record referred to therein together with other supporting papers. The comment shall
(a) point out insufficiencies or inaccuracies in petitioner’s statement of facts and issues;
and (b) state the reasons why the petition should be denied or dismissed. A copy thereof
shall be served on the petitioner, and proof of such service shall be filed with the Court of
Appeals.
Sec. 10. Due course.

If upon the filing of the comment or such other pleadings or documents as may be
required or allowed by the Court of Appeals or upon the expiration of the period for the
filing thereof, and on the basis of the petition or the records the Court of Appeals 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, it may give due course to the petition; otherwise, it shall dismiss
the same. The findings of fact of the court or agency concerned, when supported by
substantial evidence, shall be binding on the Court of Appeals.
Sec. 11. Transmittal of record.
Within fifteen (15) days from notice that the petition has been given due course, the
Court of Appeals may require the court or agency concerned to transmit the original or a
legible certified true copy of the entire record of the proceeding under review. The record
to be transmitted may be abridged by agreement of all parties to the proceeding. The
Court of Appeals may require or permit subsequent correction of or addition to the
record.
Sec. 12. Effect of appeal.
The appeal shall not stay the award, judgment, final order or resolution sought to be
reviewed unless the Court of Appeals shall direct otherwise upon such terms as it may
deem just.
Sec. 13. Submission for decision.
If the petition is given due course, the Court of Appeals may set the case for oral
argument or require the parties to submit memoranda within a period of fifteen (15) days
from notice. The case shall be deemed submitted for decision upon the filing of the last
pleading or memorandum required by these Rules or by the Court of Appeals.
- Difference between petition for review under rule 42 and 43:

o Rule 43 is an appeal of the decision of quasi-judicial bodies or agencies or
decisions of the RTC designated as a special corporate court (such as
CSC, CBAA, OP, LRA, SSC, CAB, BPTT, etc) while rule 42 is an appeal
of the RTC’s decision in the exercise of its appellate jurisdiction
- The only mode of appeal from the decision of quasi-judicial bodies or agencies is
a petition for review under rule 43.
- Appeals from the decision of the CTA is no longer done in the CA since a law is
enacted providing that decisions of the CTA is now reviewable by the SC thru a
petition for certiorari under rule 45. Reason: CTA is in equal footing with the CA.
- Also the SEC is already divested of its quasi-judicial power pursuant to a law.
Such law transferred such quasi-judicial power to the RTC in the form of a special
corporate court to entertain intra-corporate disputes. Once the RTC designated as
a special corporate court decides a case, the decision of such court can be
appealed to the CA in a petition for review under Rule 43.
- Decisions of quasi-judicial bodies must be appealed to the CA, not to the SC,
even if it is so provided by law. Such law will be declared unconstitutional
because according to the constitution, you cannot add power to the SC without
their conformity/consent. Congress cannot enact a law that will add power to the
SC if the SC did not consent to such additional power. You have to observe the
principle of hierarchy of courts.
- This Rule shall not apply to judgments or final orders issued under the Labor
Code of the Philippines.
o The rule has been changed: Decisions of the NLRC are now to be
appealed to the CA in view of the principle of observance of the hierarchy
of courts.
- How to file petition for review under rule 43? Similar to that of rule 42.
- Note: In ordinary appeals under rules 40 and 41, you don’t change the title of the
case in the appeal. You just add the word appellant or appellee as the case may be.
o Example: If in the MTC, Juan de la Cruz filed a case against Pedro Reyes.
Title of the case is “Juan de la Cruz, plaintiff vs Pedro Reyes, defendant”.
The MTC decided in favor of Juan. Pedro appealed the case. The title of
the case will still remain when appealed but there is an additional words of
appellant or appellee as the case may be. In the appeal, the title of the case
will now be “Juan de la Cruz, plaintiff-appellee vs Pedro Reyes,
defendant-appellant”.
o Reason: For the appellate court to know who really started the case – who
is the original plaintiff or defendant
o However, this is not the case for petitions for review under rules 42 and
43, in which case, the title of the case in the appeal would be “Pedro
Reyes, petitioner vs Juan de la Cruz, respondent”
- In both petitions for review under Rules 42 and 43, you can raise the issue of pure
questions of law to the CA unlike in Rule 41 (ordinary from RTC’s decision in
the exercise of its original jurisdiction), you cannot raise a pure question of law
issue to the CA because the remedy in this case is to go directly to the SC by way
of petition for certiorari under Rule 45
- The filing of petition for review is not a matter of right such that once the
petitioner has filed the petition and paid the docket fee, he is already assured that
his petition will be entertained by the CA. This is not the case because the CA
may outrightly dismiss the petition if it finds that the petition is patently without
merit, prosecuted manifestly for delay and the questions raised therein are too
unsubstantial to warrant consideration, thus, once you filed the petition, it’s up to
the CA if it will grant the petition or not. Unlike in an ordinary appeal from
RTC’s decision in the exercise of its original jurisdiction under Rule 41, wherein
once the appellant filed a notice of appeal and paid the docket fees on time, then
you are already assured that the appeal will be entertained by the CA.
RULE 44
ORDINARY APPEALED CASES
Section 1. Title of cases.
In all cases appealed to the Court of Appeals under Rule 41, the title of the case
shall remain as it was in the court of origin, but the party appealing the case shall be
further referred to as the appellant and the adverse party as the appellee.
- Rule 44 deals with appeals in ordinary cases.

- Rule 44 actually is a continuation of Rule 41. Rule 44 provides procedures to
appealed cases from the RTC in the exercise of its original jurisdiction to the CA
- The caption or title of the case shall remain as it was in the RTC except that
whoever appeals will be called the appellant and the one who did not appeal is
called the appellee.
o Example: If in the RTC, Juan de la Cruz filed a case against Pedro Reyes.
Title of the case is “Juan de la Cruz, plaintiff vs Pedro Reyes, defendant”.
The RTC decided in favor of Juan. Pedro appealed the case to the CA. The
title of the case will still remain when appealed but there is an additional
words of appellant or appellee as the case may be. In the appeal, the title
of the case will now be “Juan de la Cruz, plaintiff-appellee vs Pedro
Reyes, defendant-appellant”.
o Reason: For the appellate court to know who really started the case – who
is the original plaintiff or defendant
Sec. 2. Counsel and guardians.
The counsel and guardians ad litem of the parties in the court of origin shall be
respectively considered as their counsel and guardians ad litem in the Court of Appeals.
When others appear or are appointed, notice thereof shall be served immediately on the
adverse party and filed with the court.
- Whoever is the counsel of the parties of the court below and whoever is the
guardian of either party of the court below, they will automatically be considered
by the CA as the same counsel or guardian. The CA has the right to presume that
you are still the same counsel not unless the party in changing his counsel informs
the CA and the adverse party of the change of counsel or the hiring of new
counsel on appeal. If the party did not inform such, then the court has the right to
send notices to your counsel in the court below or your old/former counsel.
- There is a rule in legal ethics that you should not enter your appearance as the
new counsel of a party to the case if the old/former counsel did not sign his
conformity. The old/former counsel must withdraw. (Formal entry of appearance
with the conformity of the client)
Sec. 3. Order of transmittal of record.
If the original record or the record on appeal is not transmitted to the Court of
Appeals within thirty (30) days after the perfection of the appeal, either party may file a
motion with the trial court, with notice to the other, for the transmittal of such record or
record on appeal.
- Once the appeal is perfected and docket fees are paid, the clerk of court of the
RTC shall immediately to clear the records of the case within 15 days and
transmit the records of the case to the CA.
- If the records of the case is not transmitted to the CA within 30 days, either party
has the right to file a motion for the immediate transmittal of the records of the
case to the CA.
Sec. 4. Docketing of case.
Upon receiving the original record or the record on appeal and the accompanying
documents and exhibits transmitted by the lower court, as well as the proof of payment of
the docket and other lawful fees, the clerk of court of the Court of Appeals shall docket
the case and notify the parties thereof.
Within ten (10) days from receipt of said notice, the appellant, in appeals by record
on appeal, shall file with the clerk of court seven (7) clearly legible copies of the
approved record on appeal, together with the proof of service of two (2) copies thereof
upon the appellee.
Any unauthorized alteration, omission or addition in the approved record on appeal

shall be a ground for dismissal of the appeal.
- The receipt evidencing payment of the docket fee must be attached to the records
because if there is no receipt, meaning there is non-payment of docket fees then
that could be a ground for dismissal of the appeal.
Sec. 5. Completion of record.
Where the record of the docketed case is incomplete, the clerk of court of the Court of
Appeals shall so inform said court and recommend to it measures necessary to complete
the record. It shall be the duty of said court to take appropriate action towards the
completion of the record within the shortest possible time.
- Upon receiving the records, as well as the receipt evidencing payment of the
docket fee, the clerk of court of the CA will check the records if it is complete. If
he finds that it is incomplete (certain records or transcript of stenographic notes
that are missing), then he will notify both parties and clerk of court below and
order the clerk of court below to complete the records within a given period.
Sec. 6. Dispensing with complete record.
Where the completion of the record could not be accomplished within a sufficient
period allotted for said purpose due to insuperable or extremely difficult causes, the
court, on its own motion or on motion of any of the parties, may declare that the record
and its accompanying transcripts and exhibits so far available are sufficient to decide the
issues raised in the appeal, and shall issue an order explaining the reasons for such
declaration.
- If that record cannot be produced anymore for whatever valid reason, then the
parties will be asked by the CA if they will agree to dispense with the presentation
of such record.
Sec. 7. Appellant’s brief.
It shall be the duty of the appellant to file with the court, within forty-five (45) days
from receipt of the notice of the clerk that all the evidence, oral and documentary, are
attached to the record, seven (7) copies of his legibly typewritten, mimeographed or
printed brief, with proof of service of two (2) copies thereof upon the appellee.
- Once the records of the case is complete, the CA will now send notices to both
parties that the records of the case are now in possession of the CA and they are
already complete so appellant is now directed to file his appellant’s brief within
45 days. This 45-day period can be extended. You can have another 45 days.
- The CA will grant the motion for extension of time to file appellant’s brief only
when you have paid the docket fee on time and the motion filed within the
original period of 45 days.
Sec. 8. Appellee’s brief.
Within forty-five (45) days from receipt of the appellant’s brief, the appellee shall file
with the court seven (7) copies of his legibly typewritten, mimeographed or printed brief,
with proof of service of two (2) copies thereof upon the appellant.
- Once appellant’s brief has been filed and a copy of which served to the appellee,
the appellee will then file his appellee’s brief within 45 days from the time
appellee received the copy of the appellant’s brief. This 45-day period can also be
extended.
Sec. 9. Appellant’s reply brief.
Within twenty (20) days from receipt of the appellee’s brief, the appellant may file a
reply brief answering points in the appellee’s brief not covered in his main brief.
- Once appellee filed his appellee’s brief and a copy of which served to the
appellant, appellant has within 20 days from receipt to file his appellant’s reply
brief, a copy of which served to the appellee.
- The appellee can no more answer the appellant’s reply brief.
Sec. 10. Time for filing memoranda in special cases.

In certiorari, prohibition, mandamus, quo warranto and habeas corpus cases, the
parties shall file, in lieu of briefs, their respective memoranda within a non-extendible
period of thirty (30) days from receipt of the notice issued by the clerk that all the
evidence, oral and documentary, is already attached to the record.
The failure of the appellant to file his memorandum within the period therefor may be
a ground for dismissal of the appeal.
- In cases of certiorari, prohibition, mandamus, quo warranto and habeas corpus

cases in the RTC, which was appealed to the CA, the procedure is different. You
do not file an appellant’s brief within 45 days instead you are required to file a
non-extendible period within 30 days to file a memoranda.
- These cases must be distinguished with petitions for certiorari, prohibition,
mandamus, quo warranto and habeas corpus filed with the CA directly as an
original action. The governing rule in these cases is Rule 46.
- Sec. 10 of Rule 44 refers to the appeal of the RTC’s decision in the exercise of its
oringinal jurisdication to the CA in cases of special civil actions such as certiorari,
prohibition, mandamus, quo warranto and habeas corpus which are found in Rule
65.
- Failure to file a memoranda could be a ground for the dismissal of the appeal.
Sec. 11. Several appellants or appellees or several counsel for each party.
Where there are several appellants or appellees, each counsel representing one or
more but not all of them shall be served with only one copy of the briefs. When several
counsel represent one appellant or appellee, copies of the brief may be served upon any
of them.
Sec. 12. Extension of time for filing briefs.
Extension of time for the filing of briefs will not be allowed, except for good and
sufficient cause, and only if the motion for extension is filed before the expiration of the
time sought to be extended.
Sec. 13. Contents of appellant’s brief.
The appellant’s brief shall contain, in the order herein indicated, the following:
(a) A subject index of the matter in the brief with a digest of the arguments and page
references, and a table of cases alphabetically arranged, textbooks and statutes cited with
references to the pages where they are cited;
(b) An assignment of errors (assign errors of the RTC that you want the CA to
correct) intended to be urged, which errors shall be separately, distinctly and concisely
stated without repetition and numbered consecutively;
(c) Under the heading "Statement of the Case," (brief statement; only 1 paragraph or
at most 2 paragraphs on what is the case all about) a clear and concise statement of the
nature of the action, a summary of the proceedings, the appealed rulings and orders of the
court, the nature of the judgment and any other matters necessary to an understanding of
the nature of the controversy, with page references to the record;
(d) Under the heading "Statement of Facts," (normally you start with the dates and
then tell the story of the case; narrate the facts of the case) a clear and concise statement
in a narrative form of the facts admitted by both parties and of those in controversy,
together with the substance of the proof relating thereto in sufficient detail to make it
clearly intelligible, with page references to the record;
(e) A clear and concise statement of the issues of fact or law (issues you want the
court to resolve) to be submitted to the court for its judgment;
(f) Under the heading "Argument," (arguments in support of your assigned errors) the
appellant’s arguments on each assignment of error with page references to the record.
The authorities relied upon shall be cited by the page of the report at which the case
begins and the page of the report on which the citation is found;
(g) Under the heading "Relief," (reliefs or remedies you are asking from the court) a
specification of the order or judgment which the appellant seeks; and
(h) In cases not brought up by record on appeal, the appellant’s brief shall contain, as
an appendix, a copy of the judgment or final order appealed from.
Sec. 14. Contents of appellee’s brief.
The appellee’s brief shall contain, in the order herein indicated, the following:
(a) A subject index of the matter in the brief with a digest of the arguments and page
references, and a table of cases alphabetically arranged, textbooks and statutes cited with
references to the pages where they are cited;
(b) Under the heading "Statement of Facts," (if appellee agrees with how the
statement of facts was presented in the appellant’s brief; appellee will just adopt the
statement of facts in the appellant’s brief for being correct or accurate) the appellee shall
state that he accepts the statement of facts in the appellant’s brief, or under the heading
"Counter-Statement of Facts," (if appellee does not agree with how the statement of facts
was presented in the appellant’s brief, he will then present the counter-statement of facts
that will narrate the true events due to insufficiency or inaccuracy of statement of facts in
the appellant’s brief) he shall point out such insufficiencies or inaccuracies as he believes
exist in the appellant’s statement of facts with references to the pages of the record in
support thereof, but without repetition of matters in the appellant’s statement of facts; and
(c) Under the heading "Argument," (arguments in opposition to the assignment of

errors in the appellant’s brief; refutation of each assigned error) the appellee shall set
forth his arguments in the case on each assignment of error with page references to the
record. The authorities relied on shall be cited by the page of the report at which the case
begins and the page of the report on which the citation is found.
- The appellee cannot make assignment of errors of the court below. His remedy if
he feels that the court below committed an error is to appeal.
- You cannot make your own assignment of errors if you did not yourself appeal.
You can however make a counter-assignment of error in order to sustain the
judgment of the court below.
Sec. 15. Questions that may be raised on appeal.
Whether or not the appellant has filed a motion for new trial in the court below,
he may include in his assignment of errors any question of law or fact that has been
raised in the court below and which is within the issues framed by the parties.
- Questions that may be raised on appeal:

o Questions of fact
o Mixed question of facts or law
 Not pure questions of law because in this case, the remedy is to file
directly to the SC by way of petition for certiorari
- Normally the appellate court will not disturb factual findings of the lower court
not unless you can show to that appellate court that the error committed by the
RTC in the appreciation of the facts of the case is so glaring then that’s the time
that the CA will reverse.
- CA will as much as possible adopt the factual findings of the court below.
- Appellate courts will always respect the factual findings of the lower court
especially when it is a factual finding of an administrative tribunal or quasi-
judicial bodies because they are specialized agencies. They know the matter better
than anyone in their respective specialized fields. (i.e. LRA [Land Registration
Authority, DARAB [Department of Agrarian Adjudication Board], NLRC
[National Labor Relations Commission]). Their factual findings will be given
great weight by the CA and the CA will not disturb factual findings of the court
below not unless there is a glaring error committed.
- GR: CA will only reverse factual findings of the lower court if there is glaring or
patent error.
o Reason: The CA is not the one who received the evidence. It is the judge
of the court below who conducted the hearing and has observed the
deportment of the witnesses in the witness stand. Thus, it is the judge of
the court below who is in a better position in identifying whether who is
telling the truth or not in order to determine the true facts of the case.
RULE 45
APPEAL BY CERTIORARI TO THE SUPREME COURT
Section 1. Filing of petition with Supreme Court.
A party desiring to appeal by certiorari from a judgment or final order or resolution of

the Court of Appeals, the Sandiganbayan, the Regional Trial Court or other courts
whenever authorized by law, may file with the Supreme Court a verified petition for
review on certiorari. The petition shall raise only questions of law which must be
distinctly set forth.
Sec. 2. Time for filing; extension.
The petition shall be filed within fifteen (15) days from notice of the judgment or
final order or resolution appealed from, or of the denial of the petitioner’s motion for new
trial or reconsideration filed in due time after notice of the judgment. On motion duly
filed and served, with full payment of the docket and other lawful fees and the deposit for
costs before the expiration of the reglementary period, the Supreme Court may for
justifiable reasons grant an extension of thirty (30) days only within which to file the
petition.
Sec. 3. Docket and other lawful fees; proof of service of petition.
Unless he has theretofore done so, the petitioner shall pay the corresponding docket
and other lawful fees to the clerk of court of the Supreme Court and deposit the amount
of P500.00 for costs at the time of the filing of the petition. Proof of service of a copy
thereof on the lower court concerned and on the adverse party shall be submitted together
with the petition.
Sec. 4. Contents of petition.
The petition shall be filed in eighteen (18) copies, with the original copy intended for
the court being indicated as such by the petitioner, and shall (a) state the full name of the
appealing party as the petitioner and the adverse party as respondent, without impleading
the lower courts or judges thereof either as petitioners or respondents; (b) indicate the
material dates showing when notice of the judgment or final order or resolution subject
thereof was received, when a motion for new trial or reconsideration, if any, was filed
and when notice of the denial thereof was received; (c) set forth concisely a statement of
the matters involved, and the reasons or arguments relied on for the allowance of the
petition; (d) be accompanied by a clearly legible duplicate original, or a certified true
copy of the judgment or final order or resolution certified by the clerk of court of the
court a quo and the requisite number of plain copies thereof, and such material portions
of the record as would support the petition; and (e) contain a sworn certification against
forum shopping as provided in the last paragraph of section 2, Rule 42.
Sec. 5. Dismissal or denial of petition.
regarding the payment of the docket and other lawful fees, deposit for costs, proof of
The Supreme Court may on its own initiative deny the petition on the ground that the
appeal is without merit, or is prosecuted manifestly for delay, or that the questions raised
therein are too unsubstantial to require consideration.
Sec. 6. Review discretionary.
A review is not a matter of right, but of sound judicial discretion, and will be granted
only when there are special and important reasons therefor. The following, while neither
controlling nor fully measuring the court’s discretion, indicate the character of the
reasons which will be considered:
(a) When the court a quo has decided a question of substance, not theretofore
determined by the Supreme Court, or has decided it in a way probably not in accord with
law or with the applicable decisions of the Supreme Court; or
(b) When the court a quo has so far departed from the accepted and usual course
of judicial proceedings, or so far sanctioned such departure by a lower court, as to call for
an exercise of the power of supervision.
Sec. 7. Pleadings and documents that may be required; sanctions.
For purposes of determining whether the petition should be dismissed or denied

pursuant to section 5 of this Rule, or where the petition is given due course under section
8 hereof, the Supreme Court may require or allow the filing of such pleadings, briefs,
memoranda or documents as it may deem necessary within such periods and under such
conditions as it may consider appropriate, and impose the corresponding sanctions in case
of non-filing or unauthorized filing of such pleadings and documents or non-compliance
with the conditions therefor.
Sec. 8. Due course; elevation of records.
If the petition is given due course, the Supreme Court may require the elevation of the
complete record of the case or specified parts thereof within fifteen (15) days from
notice.
Sec. 9. Rule applicable to both civil and criminal cases.
The mode of appeal prescribed in this Rule shall be applicable to both civil and
criminal cases, except in criminal cases where the penalty imposed is death, reclusion
perpetua or life imprisonment.
- Rule 45 is the rule on petitions for review on certiorari. This is actually one of the
modes of review. In fact, this is the only mode of review to the SC. If you file a
petition for review of the decision of the lower and you file it with the SC, there is
only one mode of review and that is Rule 45 – Petition for review on certiorari.
- What are the decisions that you can raise to the SC by way of certiorari under
Rule 45? Decisions of the CA, Sandiganbayan, or RTC on pure questions of law
or other courts whenever authorized by law (such as decisions of the Court of Tax
Appeals)
- Congress cannot just pass a law that will provide that decisions of a particular
court or quasi-judicial body may appeal directly to the SC. Why? Because the
constitution provides that any additional jurisdiction to the SC must have the
conformity or consent of the SC. You cannot add a responsibility or a job to the
SC without the consent of the SC.
- Decision of the RTC in the exercise of its original jurisdiction may be appealed
directly to the SC provided that the issue raised is a pure question of law. If it
involves a question of fact, then you have to appeal that first to the CA, don’t go
directly to the SC, otherwise, appeal will be dismissed. If the RTC’s decision is in
the exercise of its appellate jurisdiction, you cannot directly to the SC even if it is
a pure question of law. Remedy here is to go to the CA. In this case, in a petition
for review of the RTC in the exercise of its appellate jurisdiction to the CA, you
can raise a pure question of law.
- What you can raise to the SC, generally, are only questions of law. You cannot
raise, as a general rule, a question of fact because the SC is not a trier of facts.
- Difference between a question of fact and a question of law:
o Question of fact – refers to a question which involves the calibration of
evidence presented in court for the purpose of determining whether or not
the allegation of a party to the case is true. In other words, when the
question is “is what the party saying true or not?”, that is a question of
fact.
o Question of law – involves a question on what law to be applied in a given
set of fact. If the facts of the case is already determined or the parties in
the case entered a stipulation of facts, what the law to be applied to that
certain set of facts is a question of law. What law to be applied, how the
law is to be interpreted, they are considered questions of law. Even the
interpretation or appreciation of the court on the law to be applied in a
certain set of facts is a question of law.
- GR: SC will only entertain questions of law. They will not entertain questions of
fact. So that if you raise a question of fact before the SC, expect that your petition
will be immediately dismissed by the SC. However if the SC so decides, they may
accept factual questions if it is necessary to the proper resolution of the case in the
interest of justice.
- However, there are instances where the SC may entertain a factual issue or a
question of fact. It is actually within the discretion of the court whether they will
accept a question of fact or not:
o When the conclusion of the court below as to its findings of facts is based
purely on speculation, auspices, or conjecture. In other words, there is no
factual basis for arriving at such findings of fact.
o When the inference made by the lower court is manifestly mistaken
o When the lower court has committed a grave abuse of discretion in the
appreciation of facts
o When the findings of facts of the CA are conflicting
o When the parties have already entered into a stipulation of facts and they
already admitted that these are the facts of the case but the court made a
different findings of fact, in other words, the lower court disagree with the
stipulation of facts agreed by the parties. This is a very glaring error of the
court which deserves to be reversed by the SC
o When the lower court manifestly overlooks certain relevant facts not
disputed by the parties and which if properly considered would justify a
different conclusion
o Where the findings of fact of the CA is contrary to the findings of fact of
the RTC (here, the SC will meticulously study findings of the CA
especially if it is in conflict with the findings of the RTC)
- Difference between certiorari under Rule 65 and certiorari under Rule 45:
o Certiorari under Rule 45 – is actually an appeal. It is clearly a mode of
appeal and you ask the SC to review the decision of the CA. The subject
matter here is a decision where you raised a question of law.
o Certiorari under Rule 65 – is not an appeal. It is considered to be a special
civil action. In other words, it is an original action. If you file a petition for
certiorari under Rule 65 questioning the order of the RTC, the ground that
you will use is grave abuse of discretion amounting to lack or in excess of
jurisdiction. So when you question that RTC order to the CA by way of
certiorari under Rule 65, you are not actually appealing the order of the
RTC to the CA because that order is an interlocutory order that is
unappealable and you are not questioning or asking the interpretation
made by the RTC but rather you are asking the appellate court to exercise
its supervisory power over lower courts and you are now asking the CA to
examine the decision of the RTC judge if such judge committed a grave
abuse of discretion amounting to lack of in excess of jurisdiction. You are
not appealing. You are actually filing an original action in the CA. You
are invoking the power of the CA to exercise supervisory power over the
RTC. Here, what you are raising in the appellate court is that the lower
court committed grave abuse of discretion amounting to lack or in excess
of jurisdiction.
o What kind of judgment can you raise or question by way of certiorari
under Rule 45? It refers to a final judgment or decision whereas in Rue 65,
it normally refers to interlocutory order.
o The certiorari under Rule 45 can be availed of within 15 days only from
the time of receipt of decision only to the SC while in Rule 65, you have
60 days to raise the matter to the appellate court, whether RTC or CA or
SC, as the case may be.
o In Rule 65, before you are allowed to file a petition for certiorari within 60
days, you are required to file a motion for reconsideration first. That is a
condition precedent for the filing of the petition for certiorari under Rule
65. Such requirement is not found in Rule 45 because there is no need to
file a motion for reconsideration.
- Petition for certiorari under Rule 45 must be filed within 15 days from receipt of
the decision of the lower courts. If you file a motion for reconsideration or new
trial and it is denied, you also have 15 days from the receipt of the order denying
such motion.
- When you file a petition for certiorari under Rule 45, you file it in the SC. When
you file it with the SC, you also have to pay the docket fee and other lawful fees
plus the deposit of 500. You have to pay it simultaneously with the filing of the
petition.
- You can file a motion for extension of time to file petition for certiorari. The SC
will grant you that and the SC can grant you up to 30-day extension provided that
the docket fees and other lawful fees are paid and the motion within the 15-day
period otherwise, your request for extension will not be entertained.
- In the SC, you have to prepare 18 copies of the petition.
- When you file a petition for review, when you submit several copies, one of such
copy must be designated as an original copy. (Stamped “original copy or file”)
because the law requires that that original copy of the petition, it is there also
where you will attach a original duplicate or original copy of the decision or order
that you are questioning or if not you get a certified true copy of that decision in
the court below, otherwise, if not attached, your petition will be denied. Other
copies, photocopy is allowed.
- Petition is done wherein you have to:
o State the full name of the parties
o State a brief and concise statement of the matters involved
o State the arguments relied upon in support of your petition
o Specifically point out the error committed by the court below
o There must be a certificate of non-forum shopping.
- Once you file your petition for certiorari in the SC, do not expect that your
petition will be surely entertained because such petition is not a matter of right but
a matter of judicial discretion. SC may outrightly dismiss your petition if it finds
that your petition is:
o Patently without merit
o Prosecuted manifestly for delay
o Questions raised therein are too unsubstantial to warrant consideration
- If the petition has complied with all the requirements, then the SC will determine
whether or not there is prima facie evidence that an error is committed by the
court below to warrant reversal and if there is, then SC will give due court to the
petition. If not, then the SC will outrightly dismiss the petition
- When the SC gives due course to the petition, the SC will order the court below to
elevate the records of the case.
- When the SC gives due course to the petition, do not think that you’ve won. It
simply means that the petition has basis to warrant the time of the appellate court
to review the case.
- Once the SC gives due course to the petition, that is the time where the SC will
read carefully your whole petition and decide whether or not the court below has
committed an error.
RULE 46
ORIGINAL CASES
Section 1. Title of cases.
In all cases originally filed in the Court of Appeals, the party instituting the action
shall be called the petitioner and the opposing party the respondent.
Sec. 2. To what actions applicable.
This Rule shall apply to original actions for certiorari, prohibition, mandamus and
quo warranto.
Except as otherwise provided, the actions for annulment of judgment shall be

governed by Rule 47, for certiorari, prohibition and mandamus by Rule 65, and for quo
warranto by Rule 66.
Sec. 3. Contents and filing of petition; effect of non-compliance with requirements.
The petition shall contain the 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.
It shall be filed in seven (7) clearly legible copies together with proof of service
thereof on the respondent with the original copy intended for the court indicated as such
by the petitioner, and shall be accompanied by a clearly legible duplicate original or
certified true copy of the judgment, order, resolution, or ruling subject thereof, such
material portions of the record as are referred to therein, and other documents relevant or
pertinent thereto. The certification shall be accomplished by the proper clerk of court or
by his duly authorized representative, or by the proper officer of the court, tribunal,
agency or office involved or by his duly authorized representative. The other requisite
number of copies of the petition shall be accompanied by clearly legible plain copies of
all documents attached to the original.
The petitioner shall also submit together with the petition a sworn certification that he
has not theretofore commenced any other action involving the same issues in the
Supreme Court, the Court of Appeals or different divisions thereof, or any other tribunal
or agency; if there is such other action or proceeding, he must state the status of the same;
and if he should thereafter learn that a similar action or proceeding has been filed or is
pending before the Supreme Court, the Court of Appeals, or different divisions thereof, or
any other tribunal or agency, he undertakes to promptly inform the aforesaid courts and
other tribunal or agency thereof within five (5) days therefrom.
The petitioner shall pay the corresponding docket and other lawful fees to the clerk of
court and deposit the amount of P500.00 for costs at the time of the filing of the petition.
The failure of the petitioner to comply with any of the foregoing requirements shall
be sufficient ground for the dismissal of the petition.
Sec. 4. Jurisdiction over person of respondent, how acquired.
The court shall acquire jurisdiction over the person of the respondent by the service
on him of its order or resolution indicating its initial action on the petition or by his
voluntary submission to such jurisdiction.
Sec. 5. Action by the court.
The court may 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.
Sec. 6. Determination of factual issues.
Whenever necessary to resolve factual issues, the court itself may conduct hearings
thereon or delegate the reception of the evidence on such issues to any of its members or
to an appropriate court, agency or office.
Sec. 7. Effect of failure to file comment.
When no comment is filed by any of the respondents, the case may be decided on the
basis of the record, without prejudice to any disciplinary action which the court may take
against the disobedient party.
- Rule 46 up to Rule 55, these all refers to procedures in the CA. What are the
procedures that we have to observe or follow in cases filed before the CA.
- The last rule, Rule 56, refers to the procedure in the SC with regard to petitions
for certiorari under Rule 45.
- There are only 2 kinds of cases that you can file in the CA:
o Appealed cases – cases that are appealed to the CA; meaning, that case
emanated in the RTC or quasi-judicial bodies or MTC
 Procedures in appealed cases are all found in Rules 41 – 44
o Original actions – cases filed directly in the CA as an original case
 Petitions for certiorari, prohibition, mandamus and quo warranto –
which are considered as special civil actions
 Petition for annulment of the judgment of the RTC
- Petitions for certiorari, prohibition and mandamus under Rule 65 and quo warrant
under Rule 66. Such petitions will be primarily governed by Rule 65 or 66 as the
case may be. If it is petition for annulment of the judgment of the RTC, it will be
primarily governed by Rule 47
- When you file an original action in the CA, you will be called the petitioner and
the other party will be called the respondent.
- You must file 7 copies for your petition. All actions filed in the CA must file 7
legible copies of the petition.
- The petition must contain the following:
o Statement of the whole name of the parties and their address
o A brief and concise statement of the matters involves
o Background of the case
o Arguments relied upon in support of your petitions
o If it is a petition for certiorari, mandamus or prohibition under Rule 65,
you must not forget to state the material dates
 If you file a petition for certiorari in the CA, meaning, you are now
questioning the judgment of the lower court claiming that the
lower court has committed grave abuse of discretion amounting to
lack or in excess of jurisdiction. You must not forget to state in
your petition when did you receive that order of the lower court
that you are now questioning in the CA by way of certiorari – that
is the material date.
• If you file a petition for new trial or reconsideration and it
was denied – when did you receive the order of denial
- Your petition must also be accompanied by a certification of non-forum shopping
– certification by the petitioner that he has not commenced any action before the
SC or any other tribunal or agencies or quasi-judicial bodies involving the same
issue and involving the same parties.
- When does the CA acquire jurisdiction over the parties to the case?
o In an original action of CPMQ, the CA acquires jurisdiction as to the
petitioner from the moment the petition is filed in the CA
o As to the respondent – in Rule 46, there is no summons to be issued by the
CA. Remember that in this original actions, it is not a matter of right for
the petitioner to insist that his petition must be entertained by the CA.
When you file your petition for CPMQ, the CA will initially examine
whether your petition is meritorious or not because if the CA finds your
petition unmeritorious, it can outrightly dismiss your petition (grounds:
patently without merit, prosecuted manifestly for delay, the questions
raised therein are too unsubstantial to warrant consideration). Based on
such grounds, the CA can outrightly dismiss your petition under Rule 46.
However, if the CA finds that there is merit in your petition, then the CA
will require the respondent now to file his comment. This is what we call
as the initial action of the CA.
 Initial action of the CA – refers to the action of the CA in either
dismissing your petition or giving due course to your petition by
requiring respondent to file his comment
 CA acquires jurisdiction over the person of the respondent from
the moment the respondent receives the order or resolution of the
court indicating its initial action on the petition
 So if you are the respondent, you should not comment right away.
If you receive a copy of the petition, do not answer right away
because if petition for CPMQ is filed in the CA, the petitioner is
required to give a copy of that petition to the respondent and so
even before the CA to decide whether or not to give due course to
your petition, the respondent already has a copy of the petition but
he has to wait for the decision of the CA. For all you know the
petition might be outrightly dismissed by the CA, in which case,
you don’t need to comment.
 If the CA gives due course to the petition, then the CA will issue a
resolution requiring you to comment or answer to the petition –
that is now the initial action of the CA.
 The moment you receive the order or resolution of the CA
indicating its initial action, that is already the moment that the CA
acquires jurisdiction over the respondent
 In Rule 46, there is no need to issue summons. The respondent will
just have to wait the order or resolution of the CA indicating its
initial action.
- The action of the court may either be dismissing the petition or requiring the
respondent to file his answer
- In the CA, it is not required that the CA will conduct a hearing even if it is an
original action. It is still within the discretion of the CA whether or not it will
conduct a hearing. If it decides to conduct a hearing, then it will issue an order
requiring the parties to present their respective evidence before the CA.
- When you are required to file comment in the CA, the order is not actually
considered mandatory in the sense that you may not file your comment and the
CA will still decide the case. However, if the CA requires respondent to file
comment and the respondent did not file his comment within the given period, the
CA may decide the case. It doesn’t mean that respondent will surely lose the case.
The danger is however when the justice of the CA are too strict and will say “your
action is tantamount as disrespect to this court. Please explain why you should not
be cited for indirect contempt” for not answering. Making a comment to the
petition is not mandatory under the law but it may be a cause for your being cited
in contempt as a disrespect to the CA.
RULE 47
ANNULMENT OF JUDGMENTS
OR FINAL ORDERS AND RESOLUTIONS
Section 1. Coverage.
This Rule shall govern the annulment by the Court of Appeals of judgments or final
orders and resolutions in civil actions of Regional Trial Courts for which the ordinary
remedies of new trial, appeal, petition for relief or other appropriate remedies are no
longer available through no fault of the petitioner.
Sec. 2. Grounds for annulment.
The annulment may be based only on the grounds of extrinsic fraud and lack of
jurisdiction.
Extrinsic fraud shall not be a valid ground if it was availed of, or could have been
availed of, in a motion for new trial or petition for relief.
Sec. 3. Period for filing action.
If based on extrinsic fraud, the action must be filed within four (4) years from its
discovery; and if based on lack of jurisdiction, before it is barred by laches or estoppel.
Sec. 4. Filing and contents of petition.
The action shall be commenced by filing a verified petition alleging therein with
particularity the facts and the law relied upon for annulment, as well as those supporting
the petitioner’s good and substantial cause of action or defense, as the case may be.
The petition shall be filed in seven (7) clearly legible copies, together with sufficient
copies corresponding to the number of respondents. A certified true copy of the judgment
or final order or resolution shall be attached to the original copy of the petition intended
for the court and indicated as such by the petitioner.
The petitioner shall also submit together with the petition affidavits of witnesses or
documents supporting the cause of action or defense and a sworn certification that he has
not theretofore commenced any other action involving the same issues in the Supreme
Court, the Court of Appeals or different divisions thereof, or any other tribunal or agency;
if there is such other action or proceeding, he must state the status of the same, and if he
should thereafter learn that a similar action or proceeding has been filed or is pending
before the Supreme Court, the Court of Appeals, or different divisions thereof, or any
other tribunal or agency, he undertakes to promptly inform the aforesaid courts and other
tribunal or agency thereof within five (5) days therefrom.chan robles virtual law library
Sec. 5. Action by the court.
Should the court find no substantial merit in the petition, the same may be dismissed
outright with specific reasons for such dismissal.
Should prima facie merit be found in the petition, the same shall be given due course
and summons shall be served on the respondent.
Sec. 6. Procedure.
The procedure in ordinary civil cases shall be observed. Should a trial be necessary,
the reception of the evidence may be referred to a member of the court or a judge of a
Regional Trial Court.
Sec. 7. Effect of judgment.
A judgment of annulment shall set aside the questioned judgment or final order or
resolution and render the same null and void, without prejudice to the original action
being refiled in the proper court. However, where the judgment or final order or
resolution is set aside on the ground of extrinsic fraud, the court may on motion order the
trial court to try the case as if a timely motion for new trial had been granted therein.
Sec. 8. Suspension of prescriptive period.
The prescriptive period for the refiling of the aforesaid original action shall be
deemed suspended from the filing of such original action until the finality of the
judgment of annulment. However, the prescriptive period shall not be suspended where
the extrinsic fraud is attributable to the plaintiff in the original action.
Sec. 9. Relief available.
The judgment of annulment may include the award of damages, attorney’s fees and
other relief.
If the questioned judgment or final order or resolution had already been executed, the
court may issue such orders of restitution or other relief as justice and equity may warrant
under the circumstances.
Sec. 10. Annulment of judgments or final orders of Municipal Trial Courts.
An action to annul a judgment or final order of a Municipal Trial Court shall be filed
in the Regional Trial Court having jurisdiction over the former. It shall be treated as an
ordinary civil action and sections 2, 3, 4, 7, 8 and 9 of this Rule shall be applicable
thereto.
- Rule 47 – refers to annulment of judgment of the RTC

- What about the MTC? Can the judgment of the MTC be annulled? Annulment of
judgment of the MTC may also be done and file such petition will be filed in the
RTC. The procedures are more or less the same as that provided for in Rule 47
- The decision of the RTC can be annulled by the CA. That is an original action. It
is only the CA who can annul the judgment of the RTC.
- When can you annul judgment of the RTC? When the petitioner lost the case and
he was not able to avail the remedy of motion for new trial or appeal or petition
for relief from judgment through no fault of his own.
- Grounds for annulment of judgment:
o Extrinsic fraud – a fraud that effectively prevents you from presenting
your evidence in court. Fraud was committed in order to deprive you of
your day in court.
 Intrinsic fraud – fraud committed during the trial of the case that
includes the fraud of presenting fictitious document or presenting
false witnesses and the evidences presented in court are fabricated
or fake. This is not a ground to annul judgment because here you
were not deprived of your day in court. You were present during
the trial and you participated in the trial only that you did not
discover the fraud or deceit committed by the other party because
of your own negligence or fault. This kind of fraud could have
been discovered if only you were diligent in your job. You could
have elicited the necessary information to expose that the witness
of the other party is a liar or evidences are fake which may be done
through cross-examination.
 So to be able to annul the judgment, you must show to the court
that there was extrinsic fraud committed that prevents you from
presenting your evidence or that deprives you of your day in court.
o Lack of jurisdiction
 Such as non-receipt of summons
- When you avail of the ground of extrinsic fraud for the annul of judgment, you
must establish the condition precedent – establish that the fraud committed, you
were not able to avail the remedy of motion for new trial, appeal or petition for
relief from judgment or you could not have availed of such remedies despite due
diligence through no fault of your own. Failure to establish such condition
precedent is a ground for dismissal of the petition.
 Such condition precedent however is necessary only if the petition
for annulment of judgment uses the ground of extrinsic fraud. This
is not necessary if the ground relied upon is the ground of lack of
jurisdiction.
- If the ground is extrinsic fraud, you can avail of the remedy of annulment of
judgment within 4 years from the discovery of the fraud while if the ground is
lack of jurisdiction, you can avail of the remedy of annulment of judgment within
any time before you are barred by laches. (Actually the civil code provides that an
action that is based on a judgment prescribes in 10 years; you can lose by laches
even before the lapse of the prescriptive period of 10 years; laches depends upon
the discretion of the court; “laches” – unnecessary delay in enforcing the right)
- You must have to submit 7 legible copies of the petition and furnish a copy to the
other party. The same requirements as that in Rule 46. The only difference here is
that in Rule 47, you are required to submit affidavits of witnesses or document
your cause of action or defense. Petition must be accompanied or supported by
affidavits of witnesses and important documentary exhibits. This is a requirement
that is not found in Rule 46.
- What is the effect if the court grants the petition for annulment of judgment? Then
the judgment of the RTC will be set aside or vacated and if the ground used by the
petition is extrinsic fraud then the effect of the judgment annulling the decision of
the RTC is just like a judgment granting new trial. Thus, the decision will be set
aside and you will be allowed to present evidence as if there is a timely motion for
new trial filed. If the ground is lack of jurisdiction, the judgment of the RTC is set
aside.
- If the judgment of the RTC is set aside because of the order of the CA annulling
the judgment of the RTC, can the case be refiled? Yes, provided that the
prescriptive period has not yet elapsed. But if the plaintiff is the person
responsible or the one who committed the extrinsic fraud, the filing of the
annulment case does not suspend the prescriptive period. General rule is that
when you file a petition for annulment of judgment of the RTC, the running of the
prescriptive period will stop from the moment you filed such petition until the CA
renders its decision annulling the judgment of the RTC. But if the plaintiff is the
one guilty of the extrinsic fraud and the CA granted the annulment because of
such guilt then the running of the prescriptive period is not suspended. So
meaning the plaintiff cannot anymore refile the case if the prescriptive has already
expired because it will not be interrupted by the filing of the annulment case. The
plaintiff who caused the extrinsic fraud should not benefit from it (the tolling of
the prescriptive period)
RULE 48
PRELIMINARY CONFERENCE
Section 1. Preliminary conference.
At any time during the pendency of a case, the court may call the parties and their
counsel to a preliminary conference:
(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 a motion for new
trial is granted on the ground of newly discovered evidence; and
(d) To take up such other latters which may aid the court in the prompt disposition
of the case.
Sec. 2. Record of the conference.
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.
Sec. 3. 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.
RULE 49
ORAL ARGUMENT
Section 1. When allowed.
At its own instance or upon motion of a party, the court may hear the parties in oral
argument on the merits of a case, or on any material incident in connection therewith.
The oral argument shall be limited to such matters as the court may specify in its
order or resolution.
Sec. 2. Conduct of oral argument.
Unless authorized by the court, only one counsel may argue for a party. The duration
allowed for each party, the sequence of the argumentation, and all other related matters
shall be as directed by the court.
Sec. 3. No hearing or oral argument for motions.
Motions shall not be set for hearing and, unless the court otherwise directs, no hearing
or oral argument shall be allowed in support thereof. The adverse party may file
objections to the motion within five (5) days from service, upon the expiration of which
such motion shall be deemed submitted for resolution.
- Rules 48 and 49 apply only to the CA

- The CA is not bound to conduct a hearing even if the action that was filed before
it is an original action
- It is discretionary on the CA whether or not they will conduct a hearing because it
can decide right away on the basis of the records of the case. They can outrightly
dismiss the case or they may give due course to the action.
- If the CA gives due course to the action, it is also discretionary to the CA whether
to conduct a hearing or not.
- If it decides to conduct a hearing, then it must have to conduct a pre-trial like that
in the trial court – it is called a preliminary conference which is governed by Rule
48.
- Preliminary conference is normally applied to cases in the CA as an original
action. The purpose of which is like a pre-trial because it is intended to find an
avenue for settlement, to simplify the issues, and to formulate stipulation of facts
and admissions of documentary exhibits or to take up matters that will aid the CA
in the prompt disposition of the case.
- So the purpose of the preliminary conference under Rule 48 is just like the
purpose of pre-trial in the trial court.
- Rule 49 is about oral arguments. Again, it is discretionary on the CA whether or
not to require the parties to have an oral argument.
- In the CA, when you file a motion, there is no need for you to ask the CA to set
your motion for hearing unlike in the trial court because hearing is not mandatory
in the CA, it is only discretionary. When you file a motion in the CA and ask the
CA to set it for hearing, you are just exposing your ignorance of the rules.
RULE 50
DISMISSAL OF APPEAL
Section 1. Grounds for dismissal of appeal.
An appeal may be dismissed by the Court of Appeals, on its own motion or on that of
the appellee, on the following grounds:
(a) Failure of the record on appeal to show on its face that the appeal was taken
within the period fixed by these Rules (do not forget to state the material dates in the
records on appeal, otherwise it could be a ground for dismissal of appeal; failure to allege
that the appeal was filed on time);
(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 4 of Rule 41;
(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.
Sec. 2. 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.
An appeal erroneously taken to the Court of Appeals shall not be transferred to the
appropriate court but shall be dismissed outright.
Sec. 3. Withdrawal of appeal.
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.
RULE 51
JUDGMENT
Section 1. When case deemed submitted for judgment.
A case shall be deemed submitted for judgment:
A. In ordinary appeals.-
1) Where no hearing on the merits of the main case is held, 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, 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.
B. In original actions and petitions for review.-
1) Where no comment is filed, upon the expiration of the period to comment.
2) Where no hearing is held, 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, 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.chan robles virtual law
library
Sec. 2. By whom rendered.

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.
Sec. 3. Quorum and voting in the court.
The participation of all three Justices of a division shall be necessary at the

deliberation and the unanimous vote of the three Justices shall be required for the
pronouncement of a judgment or final resolution. If the three Justices do not reach a
unanimous vote, the clerk shall enter the votes of the dissenting Justices in the record.
Thereafter, the Chairman of the division shall refer the case, together with the minutes of
the deliberation, to the Presiding Justice who shall designate two Justices chosen by raffle
from among all the other members of the court to sit temporarily with them, forming a
special division of five Justices. The participation of all the five members of the special
division shall be necessary for the deliberation required in section 2 of this Rule and the
concurrence of a majority of such division shall be required for the pronouncement of a
judgment or final resolution.
Sec. 4. Disposition of a case.
The Court of Appeals, in the exercise of its appellate jurisdiction, may affirm,
reverse, or modify the judgment or final order appealed from, and may direct a new trial
or further proceedings to be had.
Sec. 5. Form of decision.
Every decision or final resolution of the court in appealed cases shall clearly and
distinctly state the findings of fact and the conclusions of law on which it is based, which
may be contained in the decision or final resolution itself, or adopted from those set forth
in the decision, order, or resolution appealed from.
Sec. 6. Harmless error.
No error in either the admission or the exclusion of evidence and no error or defect in
any ruling or order or in anything done or omitted by the trial court or by any of the
parties is ground for granting a new trial or for setting aside, modifying, or otherwise
disturbing a judgment or order, unless refusal to take such action appears to the court
inconsistent with substantial justice. The court at every stage of the proceeding must
disregard any error or defect which does not affect the substantial rights of the parties.
Sec. 7. Judgment where there are several parties.
In all actions or proceedings, an appealed judgment may be affirmed as to some of the

appellants, and reversed as to others, and the case shall thereafter be proceeded with, so
far as necessary, as if separate actions had been begun and prosecuted; and execution of
the judgment of affirmance may be had accordingly, and costs may be adjudged in such
cases, as the court shall deem proper.
Sec. 8. Questions that may be decided.
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.
Sec. 9. Promulgation and notice of judgment.
After the judgment or final resolution 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 thereof to be served upon
the parties or their counsel
Sec. 10. Entry of judgments and final resolutions.
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.
Sec. 11. Execution of judgment.
Except where the judgment or final order or resolution, or a portion thereof, is

ordered to be immediately executory, the motion for its execution may only be filed in
the proper court after its entry.
In original actions in the Court of Appeals, its writ of execution shall be accompanied
by a certified true copy of the entry of judgment or final resolution and addressed to any
appropriate officer for its enforcement.
In appealed cases, where the motion for execution pending appeal is filed in the Court
of Appeals at a time that it is in possession of the original record or the record on appeal,
the resolution granting such motion shall be transmitted to the lower court from which the
case originated, together with a certified true copy of the judgment or final order to be
executed, with a directive for such court of origin to issue the proper writ for its
enforcement.
RULE 52
MOTION FOR RECONSIDERATION
Section 1. Period for filing.
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.
Sec. 2. Second motion for reconsideration.
No second motion for reconsideration of a judgment or final resolution by the same

party shall be entertained.
Sec. 3. Resolution of motion.
In the Court of Appeals, a motion for reconsideration shall be resolved within ninety
(90) days from the date when the court declares it submitted for resolution.
Sec. 4. Stay of execution.
The pendency of a motion for reconsideration filed on time and by the proper party
shall stay the execution of the judgment or final resolution sought to be reconsidered
unless the court, for good reasons, shall otherwise direct.
RULE 53
NEW TRIAL
Section 1. Period for filing; ground.
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.
Sec. 2. Hearing and order.
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.
Sec. 3. Resolution of motion.

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.
Sec. 4. Procedure in new trial.
Unless the court otherwise directs, the procedure in the new trial shall be the same as
that granted by a Regional Trial Court.
RULE 54
INTERNAL BUSINESS
Section 1. Distribution of cases among divisions.
All the cases of the Court of Appeals shall be allotted among the different divisions
thereof for hearing and decision. The Court of Appeals, sitting en banc, shall make proper
orders or rules to govern the allotment of cases among the different divisions, the
constitution of such divisions, the regular rotation of Justices among them, the filling of
vacancies occurring therein, and other matters relating to the business of the court; and
such rules shall continue in force until repealed or altered by it or by the Supeme Court.
Sec. 2. Quorum of the Court.
A majority of the actual members of the court shall constitute a quorum for its session
en banc. Three members shall constitute a quorum for its sessions of a division. The
affirmative votes of the majority of the members present shall be necessary to pass a
resolution of the court en banc. The affirmative votes of three members of a division shall
be necessary for the pronouncement of a judgment or final resolution, which shall be
reached in consultation before the writing of the opinion by any member of the division.
RULE 55
PUBLICATION OF JUDGMENTS AND FINAL RESOLUTION
Section 1. Publication.
The judgments and final resolutions of the court shall be published in the Official
Gazette and in the Reports officially authorized by the court in the language in which
they have been originally written, together with the syllabi therefor prepared by the
reporter in consultation with the writers thereof. Memoranda of all other judgments and
final resolutions not so published shall be made by the reporter and published in the
Official Gazette and the authorized reports.
Sec. 2. Preparation of opinions for publication.
The reporter shall prepare and publish with each reported judgment and final
resolution a concise synopsis of the facts necessary for a clear understanding of the case,
the names of counsel, the material and controverted points involved, the authorities cited
therein, an a syllabus which shall be confined to points of law.
Sec. 3. General make-up of volumes.
The published decisions and final resolutions of the Supreme Court shall be called
"Philippine Reports," while those of the Court of Appeals shall be known as the "Court of
Appeals Reports." Each volume thereof shall contain a table of the cases reported and the
cases cited in the opinions, with a complete alphabetical index of the subject matters of
the volume. It shall consist of not less than seven hundred pages printed upon good paper,
well bound and numbered consecutively in the order of the volume published.
PROCEDURE IN THE SUPREME COURT

[Rules 56-A to 56-B]
RULE 56-A
ORIGINAL CASES
Section 1. Original cases cognizable.
Only petitions for certiorari, prohibition, mandamus, quo warranto, habeas corpus,
disciplinary proceeding against members of the judiciary and attorneys, and cases
affecting ambassadors, other public ministers and consuls may be filed originally in the
Supreme Court.
Sec. 2. Rules applicable.
The procedure in original cases for certiorari, prohibition, mandamus, quo warranto
and habeas corpus shall be in accordance with the applicable provisions of the
Constitution, laws, and Rules 46, 48, 49, 51, 52 and this Rule, subject to the following
provisions:
a) All references in said Rules to the Court of Appeals shall be understood to also
apply to the Supreme Court;
b) The portions of ssaid Rules dealing strictly with and specifically intended for
appealed cases in the Court of Appeals shall not be applicable; and
c) Eighteen (18) clearly legible copies of the petition shall be filed, together with
proof of service on all adverse parties.
The proceedings for disciplinary action against members of the judiciary shall be
governed by the laws and Rules prescribed therefor, and those against attorneys by Rule
139-B, as amended.
RULE 56-B
APPEALED CASES
Sec. 3. Mode of appeal.
An appeal to the Supreme Court may be taken only by a petition for review on
certiorari, except in criminal cases where the penalty imposed is death, reclusion perpetua
or life imprisonment.
Sec. 4. Procedure.
The appeal shall be governed by and disposed of in accordance with the applicable
provisions of the constitution, laws, Rules 45, 48, Sections 1, 2, and 5 to 11 of Rule 51,
52 and this Rule.
Sec. 5. Grounds for dismissal of appeal.
The appeal may be dismissed motu proprio or on motion of the respondent on the
following grounds:
(a) Failure to take the 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 a
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 Supreme Court
without justifiable cause;
(f) Error in the choice or mode of appeal; and
(g) The fact that the case is not appealable to the Supreme court.
Sec. 6. Disposition of improper appeal.
Except as provided in Section 3, Rule 122 regarding appeals in criminal cases where
the penalty imposed is death, reclusion perpetua or life imprisonment, an appeal taken to
the Supreme Court by notice of appeal shall be dismissed.
An appeal by certiorari taken to the Supreme Court from the Regional Trial Court
submitting issues of fact may be referred to the Court of Appeals for decision or
appropriate action. The determination of the Supreme Court on whether or not issues of
fact are involved shall be final.
Sec. 7. Procedure if opinion is equally divided.
Where the Court en banc is equally divided in opinion, or the necessary majority
cannot be had, the case shall again be deliberated on, and if after such deliberation no
decision is reached, the original action commenced in the Court shall be dismissed; in
appealed cases, the judgment or order appealed from shall stand affirmed; and on all
incidental matters, the petition or motion shall be denied.
RULE 51-56
• Rules 46-55 are all about the Court of Appeals, the procedures that you observe in the
Court of Appeals. Rule 56, the last rule is about the procedures in the Supreme Court.
• Rule 51, refers to judgment of the Court of Appeals. Rule 51 is entitled Judgment.
o Judgment here means of the Court of Appeals.
• Rule 51 refers to when the case is deemed submitted for decision before the CA.
• IN the CA, there are 2 classes of actions or cases that are filed in the Court of
Appeals.
o Those that belong to the ORIGINAL ACTION.
 An Original action is deemed submitted for decision upon the filing of
the last pleading. The last pleading normally refers to the memoranda
which the court requires both parties to file simultaneously.
 In an original actions for petitions of certiorari, mandamus, quo
warranto, or/and an action for the annulment of the judgment of the
RTC, remember the CA may outrightly dismiss that petition if it finds
that petition without merit.
 But if the CA finds that there is merit to your petition, the court will
require the respondent to file his comment or his answer.
 The last pleading normally would have been the comment or the
answer of the respondent. After that, the case would already be
deemed submitted for decision. But the CA as practiced would always
require the parties to submit a memorandum first. Normally, they
would give both parties 30 days to file their memorandum.
• Within 30 days from receipt of the order of the CA requiring
them to submit their memorandum. Both parties would have to
submit their memorandum.
o The submission of the memorandum SHALL be done
simultaneuosly. Upon the submission of the
memorandum by both parties, the case is deemed
submitted for submission.
• If no memorandum is filed, upon the lapse of the period given
to the party to submit their memorandum. That is why when
the court requires the parties to submit their memorandum, the
order requiring them to submit a memorandum would normally
contain a statement that with or without memorandum within
30 days, the case would be submitted for decision. You are
required to submit your memorandum within 30 days with or
without memorandum. After the lapse of 30 days, the case is
deemed submitted for resolution.
o Those that belong to APPEALED ACTIONS
 If appealed case, the case is deemed submitted for decision, also upon
the submission of the last pleading:
A. If merely required to file appellant / appellee’s brief.
• In an appealed case, the pleadings are: The appellant will file
his appellant’s brief. The appellee will file his appellee’s brief
wihtin 45 days from receipt of a copy of the appellant’s brief.
Upon the filing of the appellee’s brief, the appellant may file a
reply brief within 20 days. The reply brief is the last pleading.
• Upon the submission of the reply brief OR upon the lapse of
the 20 day period to file the reply brief, the case will be
deemed submitted for decision.
B. If memoranda is required.
• The court requires the parties to submit also a memoranda,
which is within the power of the CA even if already ask to file
an appellant’s brief. You will be asked to file a memoranda. Or
in the case of an appeal by way of a petition for review under
Rule 43 or 42, the corut may require the party to submit
memoranda. Upon the submissin of the memoranda, or upon
the lapse of the period wherein you are required to submit a
memoranda, the case is deemed submitted for decision.
• It is important to know when a case is deemed submitted for decision because there is
a mandate in the Constitution that the court should decide a case within a certain
period.
o If it is the Supreme Court who will decide, the SC is given 24 months to
decide.
o For trial courts, it is given 3 months.
o If it is a collegiate court or other collegiate courts, it is given 12 months.
 The CA is a collegiate court, which is composed of several justices so
when a case is decided by the CA, there are several justices who will
participate because it will be assigned to a particular division wherein
a division is composed of atleast 3 justices.
• The other collegiate courts are, the Supreme Court, the Court
of tax appeals, the sandiganbayan. There are several justices.
• Quasi-judicial bodies have several justices as well. There are
many collegiate quasi-judicial bodies. Like the NLRC.
 The 12 month period to decide shall be counted from the time the case
is deemed submitted for decision.
• In the CA, there are 69 justices. There are 23 divisions. Each division is composed of
3 justices.
o The original 17 divisions are based in Manila. The 3 divisions are based in
Cebu for Visayas. Another 3 divisions in cagayan De Oro City for Mindanao.
Division 18, 19, and 20 are based in Cebu. These 3 divisions will entertain
appealed cases from the courts in Visayas. Divisions 21, 22, 23 based in
Cagayan will exercise jurisidciotn over the entire Mindanao.
• When a case is appealed to the CA, the CA will decide that case not by enbanc. The
CA will sit en bacn only on administrative matters. If they decide on the
promulgation of the rules and procedures in the conduct of hearing of the CA. Rules
regarding the assignment of case, how a case is assigned to the different divisions, the
compositions of each divisions, and all other administrative matters.
o The CA will only meet together, all 69 justices will meet if they will
promulgate the rules to govern the conduct of hearing within the CA. Also, on
Christmas party.
o When the CA will sit en banc to decide on administrative matters, majority of
the justices will constitute a quorum. That is m ajority of 69, meaning 35
justices.
• When you talk about cases in the CA, whether original or appealed case, that case
will be decided only by 1 division. Every case that is filed in the CA, will be raffled
off to a particular division and only 3 justices will decide on that.
o But when a case is submitted for decision, and that decision has 3 jsutices.
o The division must decide the case, wherein all the 3 justices must
unanimously agree. Whether who should win, the appellant or the appellee,
they must be unanimous.
o If there is no unanimous vote, only 2 are in favor, 1 is against, then there is no
unanimous vote. The chairman of that division will immediately report that
matter to the chief justice of the CA. That his division was not able to arrive at
a unanimous vote. The presiding justice will assign 2 additional justices to
that division, coming from the other divisions, wherein the assignment will be
done by raffle and they will be assigned to that division. That division now
will be considered as a SPECIAL DIVISION.
 There are 5 justices and to decide the case, majority is sufficient. 3 out
of 5, already okay.
 Example, originally, 2 are in favor of the appellant and 1 is in favor of
the appellee, if 1 of the additional 2 justices will side with the
appellant, daog na. Only majority is required. 3 will already be
sufficient to render a decision.
• When a CA decides a case, the CA may either affirm, reverse or modify the decision
of the lower court.
• Once the CA decides the case, it is required that the decision of the CA, must contain
a findings of fact and a conclusion of law. This is a requirement not only by the rules
but also by the Constitution that no decision shall be released without findings of
facts and conclusions of law.
o But that requirement, applies only when the CA decides the case on the
merits. NOT if the case decides to dismiss the case based on techinicalities.
o Because if the CA decides the case on techinical grounds, there is no need
anymore for the CA to discuss the statement of facts and the conclusions of
law. When the CA, especially in Rule 42 and 43 in petitions for review, the
CA, imay outrightly dismiss the case if it finds the case patently wihtout
merit.
o If the CA decides to dismiss the case, 1 sentence is enough or 1 paragraph, no
further explanation: “Petition is dismissed for failure to comply with certain
requirements, just point out what requirements has not been complied.” For
example that the CA has discovered that you have not paid the docket fee, or
discovers that you did not give a copy of your petition or your appeal to the
other party (case dismissed for failure to comply with the requirement of
furnishing a copy of the petition to the other party).
o When it is a dismissal based on a techinicality, 1 sentence is enough. This is
called MINUTE RESOLUTION which contains of 1 sentence only.
o But when the CA decides on the merits, then it must have a discussion on its
findinds of facts and its conclusions of law.
• The CA will only decide on substantial matters and therefore the CA will not disturb
the decision of the lower court if the errors committed are merely considered as
harmless errors. Thus the kind of errors that the CA can entertain on appeal are:
o As a general rule, the CA will only entertain errors that are assigned in the
appeal. When you file an appellant’s brief, you will have to make an
assignment of errors, enumerating the errors committed by the court below or
the RTC. Only those errors that you have cited in the appellant’s brief will be
entertained by the CA.
o However, the CA may entertain errors that are not assigned provide these
errors are closely related with an assigned error. As long as related, they may
be decided upon by the CA.
- Once the CA decides a case, the 3 justices will sign the decision. After the 3
justices sign the decision, they will deliver it to the clerk of court of their division
and upon receipt thereof, the clerk of court will immediately enter the date when
it was delivered and signed by the justices and that date will be called the date of
promulgaiton of judgment
- So when the decision becomes final, meaning after the promulgation, the clerk of
court will immdeiately send copies of the promulgation to all parties. The moment
a party receives the decision and he is not contented with it, he has 15 days to
appeal that decision to the SC.
- If the 15-day period expires without any appeal filed then the decision becomes
final. And remember under the new rules, the date of finality of judgment is also
considered to be the date of entry of judgment. So, what the clerk of court will do
is to immediately write the dispositive portion of that decision into the book of
entry of judgment. The CA will send notices to the parties as to the date of entry
of judgment because that will be the basis. The entry of judgment as issued by the
clerk of court of the CA will be the basis for the filing of the motion for execution
of judgment.
- Execution of the judgment of the CA, where will you file the motion? If it is an
appealed case, you file the motion in the court of origin, which is the RTC. If it is
an original action, you file the motion in the CA. However, there is an instance
even when the case is an appealed case, the prevailing party may file the motion
in the CA instead of the RTC, when the RTC is delaying the issuance of the writ
of execution, in which case the CA will issue an order directing the RTC judge to
issue such writ.
- Once the CA decides the case, and you are not contented with the decision, your
remedy is to appeal the decision of the CA to the SC. How will you appeal such
decision? Only one mode of appeal and that is petition for certiorari under Rule
45. When can you appeal? 15 days to file appeal to the SC. Within that 15-day
period to appeal, do you have another available remedy? Yes, you may file a
motion fo reconsideration or a motion for new trial.
- Rule 52 is about the motion for reconsideration of the decision of the CA
- Rule 53 is about motion for new trial in the CA
- The motion for reconsideration in the CA can be filed within the 15-day period,
on what ground? The same grounds for a motion for reconsideration as stated in
Rule 37:
o That the decision of the CA is not supported by evidence
o That it is contrary to law
o The damages awarded are too excessive
- What happens if your motion fo reconsideration that is filed in the CA is denied
by the CA? What will be your remedy? To appeal to the SC within a fresh-period
of 15 days
- In the CA, you are allowed to file only one motion for reconsideration. In other
words, if your motion for reconsideration is denied, you cannot file a second
motion for reconsideration. That is not allowed. No second motion for
reconsideratoin. What about in the SC? Are you allowed to file second motion for
reconsideration? Yes, “abot man gani ug third motion” provided you ask leave of
court. Remember the case of league of cities.
- What is the effect if a motion for reconsideration is filed within the 15-day
period? It stays the execution of the judgment because the judgment is not yet
final not unless the CA provides otherwise, in which case, that will be considered
a discretionary execution if there is a valid reason for the immediate execution of
judgment, like those grounds mention in execution pending appeal, the CA may
grant the execution even if the decision is not yet final
- Motion for new trial: In motion for new trial, only the ground of NDE (Newly-
discovered evidence) can ba availed of in the CA.
- When the case is already pending in the CA, you can still file a motion for new
trial. The CA may entertain a motion for new trial until the CA loses its
jurisdiction. From the time of perfection of appeal up to the time the CA loses its
jurisdiction, it can entertain motion for new trial. So from the decision of the
RTC, you can file a motion for new trial within 15 days but once there is an
appeal filed, you cannot anymore file a motion for new trial in the RTC but you
can still file such motion in the CA because if the case is already in the CA and
then you discovered an evidence that could change the outcome of the case. If
there is a newly-discovered evidence which you could not have discovered
despite due diligence when the case was pending in the RTC until it was appealed
or filed in the CA. If this evidence could not have discovered by you in the lower
court through no fault of your own, then you can still ask for new trial but this
time, you file the motion in the CA, not anymore in the RTC because the RTC has
no more jurisdiction. So what will the CA do? Once you file a motion for new
trial, the CA, on the ground of NDE, will try to appraise or determine whether
your motion is meritorious or not. If it finds that there is merit then the CA may
conduct a new trial in the CA itself because CA has the power to conduct hearing.
- Please take not that the ground of FAME is not considered a ground for new trial
in the CA. Only the NDE.
- The motion for new trial filed in the CA must also be resolved by the CA within
90 days.
- The procedure for new trial in the lower court shall also be observed or may be
applied by the CA before it.
- Can you file a second motion for new trial? No, that is allowed only in the trial
court.
- The rules and procedure in the CA would have to be decided by the CA en banc
and majority of the 69 justices will constitute a quorum en banc
- Decisions of the CA must be published, just like that of the SC. CA must be
published in the official gazette and the CA Report as distinguished from the SC
which is called the Philippine Reports. The reporter must have to sign the syllabus
of the decision – a synopsis of the decision. In the SC, you will find that in the
Philippine Reports. SCRA is not an official publication. It is a private publication.
- Cases that are filed in the SC may be classified into original actions or appealed
cases.
- What are the cases that you can find in the SC as an original action?
o Petitions for certiorari
o Prohibition
o Mandamus
o Quo warranto
o Habeas corpus
o Disciplinary proceedings against judges, lawyers
o Cases involving ambassadors, other public ministers and consuls
- The rules to be applied for original actions in the SC shall be similar to those rules
used in the CA (Rule 46, 48, 49 and 51, 52). Such rules shall also apply in the SC.
- When you file an action in the SC, you prepare 18 copies. If CA, 7 copies. Among
the 18 copies, one of them must be stamped an “original copy” and it is there in
the original copy where you attach the copy of the original documents or
duplicate original copies of the decision you are questioning as well as other
pleadings and documentary exhibits that you attach to your petition,
- The only mode of appeal to the SC is by petition for certiorari except in criminal
cases involving the imposed penalty of life imprisonment, reclusion perpetua or
death. In criminal cases involving the penalty imposed of life imprisonment or
reclusion perpetua, the mode of appeal to the SC is by way of an ordinary appeal.
Meaning, mere notice of appeal will suffice. But if the penalty imposed is death, it
is automatic review even if the accused did not appeal.
- The procedures in the CA will also be observed
- Your appeal may be dismissed by the SC on any of the grounds mentioned in Sec.
5:
o Failed to file appeal on time or within the reglementary period
o Appeal lacks merit
o When you failed to pay the required docket fee
o Or failed to comply with the requirement of giving a copy of the petition
to the other party
o Failed to comply with any circular, directive or order of the SC without
justifiable cause
o Error in the choice of appeal
o The fact that the case is not appealable to the SC
- How will the SC disposed of an improper appeal? An improper appeal will have
to be dismissed by the SC. But “an appeal by certiorari to the SC from the RTC
submitting issues of fact may be referred to the CA”. SC can outrightly dismiss
such case but may be referred to the CA for decision or appropriate action.
- What happens if in the SC, the SC is equally divided on a particular case? When
SC decides a case en banc, it simply means that majority of the justices of the SC
are present and to decide a case, majority of those who participated in the
deliberation will have to make a decision. If there is a tie, they will have to be
deliberate again, and during the second deliberation, it is still a tie, then the
decision of the CA is deemed affirmed. That means the petition for certiorari is
considered dismissed. If it is an original action in the SC and there is a tie and
again a second tie, it means that your original action is dismissed or denied.
- The SC will normally decide a case in division of 5, 3, or 7. However if the SC
decides a case in division, such division cannot make a decision that will overturn
an existing doctrine or principle in law that was decided by the SC before en banc.
So in this case, in order to build up or reverse a doctrine, they will have to decide
en banc. The SC in division cannot abandon a settled doctrine except by en banc.

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CIVPRO FINALS NOTES

- Rules 40 – 56 deal with the different modes of appeal

Section 1. Where to appeal.

Sec. 2. When to appeal.

Sec. 3. How to appeal.

Sec. 4. Perfection of appeal; effect thereof.

Sec. 5. Appellate court docket and other lawful fees.

Sec. 6. Duty of the clerk of court.

Sec. 7. Procedure in the Regional Trial Court.

Sec. 9. Applicability of Rule 41.

- How to appeal the decision from the MTC to the RTC:

Section 1. Subject of appeal.

No appeal may be taken from:

(a) An order denying a motion for new trial or reconsideration;

(c) An interlocutory order;

(d) An order disallowing or dismissing an appeal;

(f) An order of execution;

(h) An order dismissing an action without prejudice.

Sec. 2. Modes of appeal.

Sec. 3. Period of ordinary appeal.

Sec. 4. Appellate court docket and other lawful fees.

Sec. 5. Notice of appeal.

Sec. 6. Record on appeal; form and contents thereof.

Sec. 7. Approval of record on appeal.

Sec. 8. Joint record on appeal.

Sec. 9. Perfection of appeal; effect thereof.

A party’s appeal by record on appeal is deemed perfected as to him with respect to

(c) If found to be incomplete, to take such measures as may be required to

(d) To transmit the records to the appellate court.

Sec. 11. Transcript.

Sec. 12. Transmittal.

Sec. 13. Dismissal of appeal.

Section 1. How appeal taken; time for filing.

Sec. 2. Form and contents.

Sec. 3. Effect of failure to comply with requirements.

Sec. 4. Action on the petition.

Sec. 5. Contents of comment.

Sec. 6. Due course.

Sec. 7. Elevation of record.

Sec. 8. Perfection of appeal; effect thereof.

Sec. 9. Submission for decision.

- There are 3 kinds of petition for review:

Sec. 2. Cases not covered.

Sec. 3. Where to appeal.

Sec. 4. Period of appeal.

Sec. 5. How appeal taken.

Sec. 6. Contents of the petition.

Sec. 7. Effect of failure to comply with requirements.

Sec. 8. Action on the petition.

Sec. 9. Contents of comment.

Sec. 10. Due course.

Sec. 11. Transmittal of record.

Sec. 12. Effect of appeal.

Sec. 13. Submission for decision.

- Difference between petition for review under rule 42 and 43:

- Rule 44 deals with appeals in ordinary cases.

Sec. 2. Counsel and guardians.

Sec. 3. Order of transmittal of record.

Sec. 4. Docketing of case.

Any unauthorized alteration, omission or addition in the approved record on appeal

Sec. 5. Completion of record.

Sec. 6. Dispensing with complete record.

Sec. 7. Appellant’s brief.