PROCEDURE IN THE COURT OF APPEALS

RULE 44
ORDINARY APPEALED CASES
Title In all cases appealed to CA under Rule 41 (Appeal from the RTC) , the title of the
case shall remain as it was in the Court of Origin
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The party appealing the case shall be further referred to as the appellant
The adverse party shall be referred to as the appellee ( Sec 1, Rule 44).

Counsel and guardians from the court of origin shall be considered as their counsel
and guardian ad litem in the CA.
When others appear or are appointed notice thereof shall be served immediately on
the adverse party and filed with the court. ( Sec 2, Rule 44)
Order of Transmittal of Record
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If not transmitted within 30 days after perfection of the appeal, either party may
file a motion with that court, with notice to the other, for the transmittal. (Sec 3,
Rule 44)

Docketing of the case

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The clerk of court of CA shall notify the parties

o Upon receiving the original record or the record on appeal and the
accompanying documents and exhibits transmitted by the lower court
o The proof of payment of the docket and other lawful fees
The appellant
o Within 10 days from receipt of said notice,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.
o Any unauthorized alteration, omission or addition in the approved record
on appeal shall be a ground for dismissal of the appeal. ( Sec 4, Rule 44)

Completion of Record
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If incomplete
o The clerk of court of CA shall so inform said court and recommend to it
measures necessary to complete the record.
o It shall be the duty of the said court to take appropriate action towards the
completion of the record within the shortest possible time ( Sec 5, Rule 44)

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Dispensing with complete record

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If completion of the record cannot be accomplished within a sufficient period due

to insuperable or extremely difficult cause:
o The court on its own motion; or
o On motion of any of the parties
May declare that the record and its accompanying transcripts and
exhibits are already sufficient to decide the issues ( Sec 6, Rule 44)

Appellants Brief
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It shall be filed, within 45 days from receipt of the notice of the clerk of court that
all the evidence is attached to the record:
o Seven (7) copies of his legibly typewritten, mimeographed or printed brief,
and
o With proof of service of two (2) copies thereof upon the appellee.
Failure to file the appellants brief on time is a ground for dismissal
of the appeal.
If a motion to dismiss an appeal has been filed , it suspends the
running of the period for filing the appellants brief, as the same
would be unnecessary should the motion be granted.
The failure of the appellant to make specific assignment of errors
in his brief or page references to the record as required in this
section is a ground for dismissal of his appeal.
o Appellees Brief (Sec 8)
Shall be filed similar to appellants brief upon receipt thereof.
o Appellants Reply Brief (Sec.9)
Within 20 days from receipt of the appellees brief, appellant may
file a reply brief answering points not covered in his main brief.
o Time for filing Memoranda in special cases

In Certiorari, Prohibition, Mandamus, Quo Warranto and Habeas Corpus cases,

parties shall file in lieu of briefs, their respective memoranda within a non
extendible period of 30days from receipt of the notice.
The Failure of the appellant to file his memorandum within the period therefore
may be a ground for dismissal of the appeal.

Brief
Ordinary appeals

Memorandum
Certiorari, Prohibition, Mandamus, Quo
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Filed within 45 days

Contents specified by rules

Warranto and Habeas Corpus

Filed within 30 days
Shorter , briefer, only one issue involved
No subject index or assignment of errors
just facts and law applicable

o Several Appellants or Appellees or several counsel for each party (Sec. 11)
Several appellants or appellees each counsel representing one or
more but not all of them shall be served with only ONE (1) copy of
the briefs.
Several counsels represent one appellant or appellee, copies of
the brief may be served upon any of them.
o Extension of time for filing Briefs (Sec. 12)
General Rule: Not allowed
Exception: For good and sufficient cause, and only if the motion for
extension is filed before the expiration of the time sought to be
extended
o Contents of Appellants Brief ( refer to Sec. 13)
o Contents of Appellees Brief ( refer to Sec. 14)
o Questions that may be raised on Appeal
Law or Facts that:
Has been raised in the court below (court where it has
originally been filed); and
Which is within the issues framed by the parties
Rule: The reversal of a judgment on appeal is generally binding only on the parties in
the appealed case and does not affect or inure to the benefit of those who did not join
or were not made parties to the appeal.
Exception: Where the rights of such parties are so interwoven and dependent on each
other as to be inseparable due to community of interests.

RULE 45

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CmaydistheponrqulcIfgv,bSjwART15k
Appeal by Certiorari to the Supreme Court

Filing of Petition with Supreme Court (Sec.1)

o Appeals to the SC can be taken from a judgment or final order or resolution of

the CA, the Sandiganbayan, the Court of Tax Appeals , the RTC or such other
courts as maybe authorized by law and only by verified petition for review on
certiorari.
o The petition may include an application for a writ of preliminary injunction or other
provisional remedies. The petitioner may seek the same provisional remedies by
VERIFIED MOTION filed in the same action or proceeding at any time during its
pendency (as amended by A.M 07-7-12- SC)
o Except as provided in criminal cases in Sec 13(c) Rule 124 in relation to Sec 3
(e) Rule 122, whenever CA imposes reclusion perpetua, life imprisonment or a
lesser penalty, judgment may be appealed to the SC by NOTICE OF APPEAL
filed with the CA.
NOTE: The petition shall raise ONLY QUESTIONS OF LAW which
must be distinctly set forth.

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Questions of Law
Doubt or controversy as to the law is on
certain facts
If the appellate court can determine the
issue raised wtithout reviewing or
evaluating the evidence
Can involve questions of interpretation of
the law with respect to certain set of facts

Questions of Fact
Doubt or difference as to the truth or
falsehood of facts, or as to probative value
of the evidence presented
The determination involves evaluation or
review of evidence
Query invites the calibration of the whole
evidence considering mainly the credibility
of witnesses, existence and relevancy of
specific surrounding circumstances and
relation to each other and the whole
probabilities of the situation

General Rule: The findings of fact of the CA are final and conclusive and cannot
be reviewed on appeal to the SC.
Exceptions:
1. When the finding is grounded entirely on speculations, surmise or conjecture;
(suspicion/guess)
2. When inference made is manifestly absurd, mistaken or impossible;
3. When the judgment is premised on a misrepresentation of facts
4. When there is grave abuse of discretion in the appreciation of facts;
5. When the findings of fact are conflicting;
6. When the CA in making its findings went beyond the issues of the case and
the same is contrary to both the admissions of appellant and appellees;
7. When the findings of fact of the CA are at variance with those of the trial
court, the SC has to review the evidence in order to arrive at the correct
findings based on the record;
8. When the findings of fact are conclusions without citation of specific evidence
on which they are based;
9. When the facts set forth in the petition as well as in the petitioners main and
reply are not disputed by respondents
10. The Findings of fact of the CA is premised on the supposed evidence and is
contradicted by the evidence on record; and
11. When certain material facts and circumstances have been overlooked by the
trial court which, if taken into account, would after the result of the case in
that they would entitle the accused to acquittal.

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Time for filing; Extension (Sec. 2)

o Within 15 days from notice of the judgment or final order or resolution appealed
from or denial of the petitioners motion for new trial or MR filed in due time.
o The SC may for justifiable reasons grant an extension of 30 days only within
which to file the petition.
Docket fees and other lawful fees; proof of service ( Sec 3)

Petitioner shall pay the corresponding docket and other lawful fees to the clerk of
court of the Supreme Court and Deposit the of 500php 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.

Contents of the petition ( Sec 4)

Dismissal or denial of petition (Sec 5)
1.
2.
3.
4.

Failure of the petitioner to comply with any of the foregoing requirements

Appeal is without merit; or
Is prosecuted manifestly for delay; or
That the questions raised therein are too unsabstantial to require consideration

Note: SC may dismiss the petition motu proprio.

Review Discretionary ( Sec 6)
Review will be granted only when there are special and important reasons therefore.
The following, while neither controlling nor fully measuring the courts discretion,
indicate the character of the reasons which will be considered:
a. Court a quo has decided a question of substance, not theretofore determined by
the SC, or has decided it in a way probably in accord with law or with the
applicable decisions of the SC; or
b. 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.
Pleadings and documents that may be required; Sanctions ( Sec 7)

For purposes of determining Sec 5 or Sec 8, SC may require or allow the filing
of such pleadings, briefs, memoranda or documents within such periods and
under such conditions as it may consider appropriate

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SC may impose the corresponding sanctions in case of non-filing or unauthorized

filing or non-compliance with the conditions.

Note: Rule on Writ of Amparo, Habeas Data and Writ of Kalikasan

Any party may appeal from the judgment or order to the SC under rule 45.
The appeal may raise questions of fact or law or both.
Writ of Kalikasan may raise questions of fact.

The period of appeal shall be five (5) working days from the date of notice of the
judgment or order.

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RULE 46
Original Cases
Title of cases (Sec 1)

In all cases originally filed in the CA, the party instituting the action shall be called
petitioner and the opposing party the respondent.

To what actions Applicable (Sec 2)

Original actions for certiorari, prohibition, mandamus and quo warranto.

Petitions for habeas corpus are excluded and being governed by the rules on
special proceedings and Sec 3 rule 41 (ordinary appeal)

Contents and filing of petition ; effect of non compliance with requirements (Sec
3)
The petition shall contain:
1.
2.
3.
4.
5.

Full names and actual addresses of all petitioners and respondents;

Concise statement of the matters involved;
Factual background of the case;
Grounds relied upon for the relief prayed for;
In actions filed under rule 65, indicate the material dates showing when notice of
the judgment or final order or resolution was received;
6. Filed in seven (7) legibles copies, with proof of service on the respondent;
7. Accompanied by clearly legible duplicate original or certified true copy of the
judgment or final order or resolution;
8. Certificate of non-forum shopping;
9. Payment of docket and other lawful fees; and
10. Deposit the amount of 500php.
Failure to comply with the foregoing requirements shall be sufficient ground for the
dismissal of the petition

Substantial compliance rule

Rule 46 applies to actions for certiorari filed in the Court of Appeals but
rule 65 generally supplements the same.
Mere duplicate originals are sufficient under rule 46 even if rule 65
requires only certified true copies

Jurisdiction over the person, how acquired (Sec 4)

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Jurisdiction is acquired:
1. Over the PETITIONER By filing of the petition
2. Over the RESPONDENT By the service on the latter of the order or resolution
indicating the courts initial action on the petition or by his voluntary submission.
Action by the Court ( Sec 5)
The court may:
1. Dismiss the petition outright with specific reasons for such dismissal; or
2. Require the respondent to file a comment on the same (within 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
Determination of factual issues (Sec 6)
Procedural outline (original cases in the CA)
1. Filing of the petition;
2. Order to acquire jurisdiction over respondents OR outright dismissal for failure to
comply with the requirements as to form and payment of docket and other legal
fees;
3. Require respondents to file COMMENT within (10) days from NOTICE;
4. Court may require the filing of a REPLY or such other pleadings as it may deem
necessary;
5. Determination of FACTUAL ISSUES, the court itself may conduct hearings or
delegate the reception of evidence on such issues to any of its members or to an
appropriate court, agency or office; and
6. Submission of Memoranda.
The reception of evidence may be delegated to a member of the court of appeals or a
judge of the lower court who is not a public respondent.
Effect of Failure to file COMMENT ( Sec 7)

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 47

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Although Sec 2. Rule 47 provides that a petition for annulment may be based only
on the grounds of extrinsic fraud and lack of jurisdiction, jurisprudence has
recognized denial of due process as an additional ground. ( Diona v Balangue 688
SCRA 22, 35, January 7,2013; Gochan v Mancao G.R. No. 182314, November 13,
2013)

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