1.

Is the filing of a Motion for Extension of Time to file Petition for Certiorari under
Rule 65 allowed under the rules?

No, although A.M. No. 7-7-12 has deleted the last paragraph of the old Sec.4, Rule
65. Said paragraph provides; No extension of time to file the petition shall be granted
except for compelling reasons and in no case exceeding fifteen days.( Sec. 4 Rule 65 as
amended by AM no. 0-02-03 effective September 1, 2000). Now, Petition for Certiorari
must now be filed strictly within 60days from the notice of the judgment order or
resolution or from notice of the order denying the Motion for Reconsideration or
Motion for New Trial.
However by way of exception, the Supreme Court held in Domdom vs
Sandiganbayan that the removal of the last paragraph of Sec. 4 Rule 65 did not
absolutely prohibit the filing of a Motion for Extension to file a Rule 65 petition. That no
mention is made in the above-quoted amended Section 4 of Rule 65 of a motion for
extension, unlike in the previous formulation, does not make the filing of such pleading
absolutely prohibited. If such were the intention, the deleted portion could just have
simply been reworded to state that no extension of time to file the petition shall be
granted. Absent such a prohibition, motions for extension are allowed, subject to the
Courts sound discretion. The present petition may thus be allowed, having been filed
within the extension sought and, at all events, given its merits.(Domdom vs
Sandiganbayan G.R. Nos. 182382-83 February 24, 2010)
The Supreme Court has relaxed procedural technicalities introduced under A.M.
No. 07-7-12-SC in order to serve substantial justice and safeguard strong public interest.

2. As Clerk of Court of the Municipal Trial Court of Tagbilaran, Cebu, what is your
duty after the perfection of an appeal taken from a final order of the said court?

Under Sec. 6 Rule 40 of the Rules of Court, it is the duty of the clerk of court;
within 15 days from the perfection of the appeal, the Clerk of Court of the lower court
shall transmit the original record or on the record on appeal, together with the
transcript 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 to the parties.

3. In what instance can the Court of Appeals give due course to a Petition for
Review under Rule 42?

Under Sec. 6 of Rule 42 of the Rules of Court, if 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.

4. Your client, Clifford, intends to file an appeal on a final judgment of the Regional
Trial Court which you received on July 9, 2014. As a lawyer, give your advice to Clifford
as to the perfection of his appeal.
The perfection of his appeal depends on what jurisdiction the Regional Trial
Court is exercising. There are 3 Modes of Appeal from the decision of the Regional Trial
Court under Sec. 2 of Rule 41:
(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.
Under Sec. 9 of Rule 4; 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.
In due time refers not only to the filing of the notice of appeal within the
reglmentary period of 15 days from notice of the judgment or final order appealed from
as provided under Section 3 of Rule 41 but also includes the payment of 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 as provided under
Section 4 of Rule 41.
(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.
Section 8 of Rule 42 provides; 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 timely filing here refers to Section 1 of Rule 42; 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.
(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 the Rule 45.
For the perfection of the appeal, we must follow Section 2 and 3 of Rule 45
which states; 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
and 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.
5. What is the duty of the Clerk of Court of the Regional Trial Court upon perfection
of an appeal?
Under Section 10 of Rule 41, the duty of the Clerk of Court of the Regional Trial
Court within 30 days after perfection of an appeal, 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 aid to make 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.
6. Mr. Zeromo, in his desire to question the decision of the Regional Trial Court
rendered in the exercise of its appellate jurisdiction, filed a verified petition for
certiorari before the Court of Appeals. The case was assigned to you as an associate
justice of the Court of Appeals. Decide.
Under Section 6 of Rule 65; if the petition is sufficient in form and substance to
justify such process, the court shall issue an order requiring the respondent or
respondents to comment on the petition within ten (10) days from receipt of a copy
thereof.
Also under Section 8 of Rule 65; after the comment or other pleadings required
by the court are filed, or the time for the filing thereof has expired, the court may hear
the case or require the parties to submit memoranda. If after such hearing or
submission of memoranda or the expiration of the period for the filing thereof the court
finds that the allegations of the petition are true, it shall render judgment for the relief
prayed for or to which the petitioner is entitled.
7. In a petition for review from the Regional Trial Court to the Court of Appeals, lawyer
Paul, as petitioner, argued that the Court of Appeals upon receipts of his petition must
immediately require Rio, respondent, to file a comment on his petition. Is the argument
of Paul correct?
No, Pauls argument is untenable.
Under Section 4 of Rule 42, 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
insubstantial to require consideration. It is not automatic that upon receipt by the Court
of Appeals of his petition, to immediately require Rio to file a comment on his petition
because the petition may be dismissed by the Court of Appeals if the petition is patently
without merit, prosecuted manifestly for delay, or that the questions raised therein are
too insubstantial to require consideration.
8. Explain the modes of appeal taken from a judgment or a final order of the Regional
Trial Court that completely disposes of the case.
There are 3 modes of appeal from the decision of the Regional Trial Court to the
Court of Appeals or Supreme Court. As mentioned in Section 2 of Article 41, they are as
follows; ordinary appeal, petition for review, appeal by certiorari.
a. ordinary appeal- it is the appeal to the Court of Appeals in cases decided
by the Regional Trial Courts in the exercise of its original jurisdiction. The filing of
the notice of appeal should be with the court which rendered the judgment or
final order appealed from and serving a copy thereof to the adverse party. No
record on appeal shall be required except in special proceedings and other cases
of multiple or separate appeals where law on these Rules so require. In such
cases, the record on appeal shall be filed and served in like manner. The filing
and payment to the clerk of court, which rendered the judgment or final order
appealed from, should be done within 15 days from notice of the judgment or
final order appealed from.
b. Petition for review- applies to an appeal from judgment or final
order of the Regional Trial Court to the Court of Appeals in cases decided by the
Regional Trial Court in the exercise of its appellate jurisdiction. The appeal
should be within 15 days from notice of the decision sought to be reviewed or
the denial of petitionres motion for new trial or reconsideration filed in due
time. The appeal is made by filing a verified petition for review with the Court of
appeals at the same time paying to the Court of Appeals clerk of court the
corresponding docket and other lawful fees, depositing 500pesos for costs and
furnishing the Regional Trial Court and the adverse party with a copy of the
petition. (sec 1, rule 42)
The Court of Appeals may dismiss the petition if found to be patently
without merit, or prosecuted merely for delay, or the questions raised are
too unsubstantial to require consideration. If the Court does not dismiss the
petition it may require the respondent to file a comment on the petition
within 10 days from notice.(sec 4., rule 42)
c. Petition for review on certiorari- appeal from a judgment of the
Regional Trial Court in the exercise of its original jurisdiction where only
questions of law are involved and appeal from the judgment, final order, or
resolutions of the Court of Appeals where the petition shall raise only questions
of law. If the judgment was rendered by the Regional Trial Court in the exercise
of its appellate jurisdiction and the appeal only involves pure questions of law it
should be brought before the Court of Appeals under Rule 42.
Under sec. 2 of rule 45; 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.
Under sec. 3 of rule 45; 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.
Under section 6 of rule 45; 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 thereof. 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.

9. Arana filed a case against Boldy. While the case was pending before the Regional
Trial Court, the Regional Trial Court denied the admission of Aranas evidence.
Aggrieved, Arana consulted Cletu as to whethere or not he can question the order of the
Regional Trial Court. After due consultation whit his friend Cletu, the latter suggested
that he can file a petition for review on certiorari before the Supreme Court. Is the
recommendation of Cletu correct?
No, the recommendation of Cletu is not correct for filing a petition for review on
certiorari.
The proper remedy would be to file a petition for Certiorari to the Court of
Appeals because what we are elevating is a decision on an interlocutory order made in
grave abuse of discretion by the Regional Trial Court. We file it with the Court of Appeals
with respect to the hierarchy of courts.
10. In an ordinary appeal from a judgment of the Regional Trial Court, the clerk of the
Court of Appeals upon receipt of the records from the Regional Trial Court required the
appellant to submit his Memorandum within 15 days from notice. Is the procedure
adopted by the clerk of court proper?
No, the procedure adopted by the clerk of court is improper.
Under section 7 of rule 44, what is required to be submitted is not a
memorandum but an appellants 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(sec. 7, rule 44)
However, by way of exception, Section 10 of Rule 44 provides; 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. Since it was an ordinary appeal and
does not fall under Section 10 of Rule 44 relating to special cases, the clerk of court
should not have asked a memorandum to be submitted within 15 days from notice but
for an appellants brief to be submitted within 45 days for civil cases and 30 days for
criminal cases from notice.