Beruflich Dokumente
Kultur Dokumente
Procedures SY 2013-2014
JKB
Rm
405
1
Civil
Procedures
SY
2013
-2014
EX:
Kaso
ta,
daug
ka.
But
then
you
appealed
because
you
A:
YES.
For
as
long
as
you
pay
the
docket
fee
within
the
15
feel
that
the
court
is
also
wrong
in
its
decision.
You
are
days
not
contented
of
the
damages
given.
MANDATORY:
But
the
court
may
make
exception
on
Q:
So
when
will
the
appeal
deemed
perfected
to
the
justifiable
cause
other
party
who
did
not
appeal?
Q:
What
happens
if
you
did
not
pay
the
docket
fee?
A:
It
is
deemed
perfected
when
the
time
to
appeal
of
the
A:
It
is
not
a
ground
of
dismissal.
Your
appeal
will
not
be
other
party
EXPIRES.
denied
simply
because
you
did
not
pay
BECAUSE
IT
IS
SIMPLIFY:
Ang
imo
Kuntra
ni
appeal
na
NOT
ONE
OF
THE
JURISDICTIONAL
REQUIREMENTS
OF
perfected
ONLY
as
to
him
ra
na.
THE
PERFECTION
OF
THE
APPEAL
OF
THE
MTC
DECISION.
o On
your
part:
You
received
the
decision.
This
will
be
different
in
the
RTC
Decisions
to
the
You
won
the
case.
You
dont
want
to
CA
because
one
of
its
grounds
of
the
denial
of
appeal
(daug
na
gd
ka!).
However,
you
the
appeal
is
the
non-payment
of
docket
fee.
still
have
that
15-day
period
to
appeal
WHEN
THAT
15
DAYS
EXPIRE
APPEAL
SIMPLIFY:
-
IMPORTANT
IS
DEEMED
PERFECTED
AS
TO
YOU.
MTC
to
RTC
non-payment
of
docket
fee
APPEAL
WILL
NOT
BE
DENIED
*So
the
appeal
is
deemed
perfected
AS
TO
BOTH
RTC
to
CA
non-payment
of
docket
fee
PARTIES
when
the
APPELLANT
FILED
an
appeal
AND
APPEAL
SHALL
BE
DENIED.
when
the
period
to
appeal
of
the
APPELLEE
EXPIRES
-
IMPORTANT
F.
Duty
of
Clerk
of
Court
of
MTC:
When
the
clerk
of
MTC
receives
the
record,
he
Effect
of
the
Perfection
of
the
Appeal
the
court
loses
shall
forward
the
records
of
the
case
to
RTC
jurisdiction.
Jurisdiction
transfers
to
the
Appellate
Court.
within
15
days.
BUT,
even
if
the
MTC
loses
its
jurisdiction,
the
o If
clerk
of
RTC
30
days
to
forward
to
court
of
origin
still
retains
RECIDUAL
CA
JURISDICTION
Q:
If
the
clerk
of
MTC
fails
to
transmit
the
record
within
*Residual
Jurisdiction
the
court
of
origin
can
still
15
days
to
RTC,
does
the
Judge
of
the
MTC
still
have
entertain
motions
for
the
preservation
of
the
protection
residual
power
over
the
case?
of
the
rights
of
either
party.
This
includes:
A:
YES.
The
provision
in
the
rules
of
court
is
clear
that
the
Motion
for
immediate
execution
court
of
origin
shall
retain
residual
jurisdiction
until
the
Grant
compromise
records
are
transmitted.
Grant
Withdrawal
(if
you
know
what
I
mean
haha)
*As
long
as
records
are
not
transmitted,
the
court
of
An
all
other
motions
not
litigated
on
appeal
origin
can
exercise
residual
jurisdiction.
When
will
the
Residual
Jurisdiction
Expires?
Until
the
G.
Duty
of
Clerk
of
Court
of
RTC:
records
of
that
case
are
transmitted
to
the
RTC.
Once
appeal
is
perfected,
clerk
of
RTC
will
sent
notices
to
the
appellant
and
the
appellee
that
E.
Payment
of
appellate
court
docket
fee
and
other
the
records
are
now
in
the
RTC
lawful
fees:
Parties
will
now
be
required
to
submit
their
IN
THE
OLD
RULES:
appeal
from
MTC
to
RTC,
you
Memorandum
on
Appeal.
pay
to
the
RTC
o Before
you
have
to
wait
for
the
RTC
to
H.
When
to
file
Appellants
Memorandum
send
you
notice
so
that
you
will
pay.
-
Within
15
days
upon
the
notice
of
the
RTC
abtan
kag
months
or
even
years
in
Here,
the
appellant
will
mention
what
are
the
waiting
errors
committed
by
the
MTC,
which
needs
NOW:
pay
in
the
MTC
pay
it
in
the
court
of
correction.
origin
PAY
WITHIN
THE
SAME
PERIOD
OF
THE
It
shall
be
supported
with
articles
and
APPEAL
jurisprudence
Before
he
will
file
it
to
the
RTC
HE
MUST
Q:
Can
you
file
notice
of
appeal
even
without
paying
the
FURNISH
COPY
TO
THE
APPELLEE
docket
fee
AT
THE
SAME
TIME?
2
JKB
Rm
405
Civil
Procedures
SY
2013-2014
o The
court
will
not
entertain
your
*Now
what
if
the
RTC
has
no
jurisdiction?
WHEN
THE
memorandum
if
there
is
no
proof
of
JURISDICTION
BELONGS
TO
A
QUASI-JUDICIAL
BODY
service
to
the
other
party
there
is
no
trial
of
the
merits
of
the
case.
o So
IKAW
MISMO
ang
muhatag
sa
EX:
Agrarian
Land
Dispute
filed
in
MTC.
MTC
dismissed
appellee
NOT
THE
COURT.
the
case
because
of
lack
of
jurisdiction.
Appealed
to
the
RTC.
RTC
said
that
the
MTC
is
correct
in
dismissing
I.
When
to
file
Appellees
Memorandum
because
the
jurisdiction
belongs
to
DARAB.
Within
15
days,
upon
receiving
the
RTC
will
have
to
dismiss
the
appeal.
WHY?
memorandum
of
the
appellant.
It
cannot
remand
the
case
to
the
MTC
because
MTC
does
not
have
jurisdiction
Q:
Is
the
memorandum
MANDATORY?
And
SAMUT
NA
NGA
it
cannot
also
assume
A:
Mandatory
only
as
to
the
APPELLANT.
Not
on
appellee.
jurisdiction
because
RTC
also
does
not
have
So
if
Appellant
did
not
file
DISMISS
-
jurisdiction
it
belongs
to
the
DARAB.
mandatory
SO
NO
OTHER
CHOICE
BUT
TO
DISMISS
THE
When
he
furnished
copy
to
the
appellee
and
CASE.
-
IMPORTANT
latter
did
not
file
COURT
CAN
STILL
DECIDE
THE
CASE
WITHOUT
APPELLEES
MEMORANDUM.
L.
Applicability
of
Rule
41
not
mandatory.
o But
its
better
if
you
will
file.
It
is
your
Rule
41
job
to
defend
the
decision
of
the
MTC,
APPEAL
FROM
RTC
TO
CA
that
it
is
correct
in
its
decision.
Decisions
of
the
RTC
in
the
exercise
of
its
original
jurisdiction
are
appealable
to
the
court
of
appeals.
J.
When
is
the
case
deemed
submitted
for
decision?
Original
Jurisdiction
case
filed
ORIGINALLY
in
the
RTC.
When
the
appellee
files
his
memorandum
OR
when
the
appellee
DID
NOT
file
his
Rule
41
vs
Rule
42
memorandum
Rule
41
Appeal
from
RTC
decision
done
in
its
original
jurisdiction
Q:
How
will
RTC
decide
the
appeal
from
decision
of
the
o Rule
42
appeal
from
RTC
decision
MTC
dismissing
a
case
on
the
ground
of
lack
of
done
in
its
appellate
jurisdiction.
jurisdiction
where
there
is
no
presentation
of
evidence?
K.
Appeal
from
order
of
the
MTC
dismissing
the
case
A.
What
kind
of
decision
of
the
RTC
appealable
to
CA
without
trial
for
lack
of
jurisdiction:
Refers
only
to
ALL
judgment
or
final
orders
that
Here
the
RTC
will
determine
whether
MTC
is
completely
disposes
the
case.
correct
or
not
correct
in
dismissing
the
case.
*FINAL
JUDGMENT
judgment
of
the
court
that
o If
the
RTC
finds
that
MTC
is
CORRECT
in
completely
disposes
the
case.
Nothing
left
to
be
done
by
dismissing
the
case
(that
MTC
dont
the
court.
have
jurisdiction)
RTC
will
ASSUME
-
if
there
is
still
something
to
be
done
by
the
JURISDICTION.
court,
it
is
just
an
interlocutory
order
NOT
APPEALABLE
EX:
You
file
collection
of
money
of
1M
in
the
MTC
(certiorari
only
under
Rule
65.)
-
IMPORTANT
obviously
the
correct
jurisdiction
is
with
RTC.
MTC
will
dismiss
the
case
because
it
does
not
have
jurisdiction.
If
the
RTC
find
that
MTC
really
does
not
have
B.
Kind
of
Final
Judgment
jurisdiction,
they
will
say
that
the
MTC
is
correct
in
One
that
disposes
a
case
here,
there
is
no
dismissing
the
case.
Thus,
they
will
assume
the
more
merit
to
be
discussed
by
the
court
this
is
jurisdiction
and
decide
the
case.
the
kind
that
is
FINAL
-
APPEALABLE
One
that
is
subject
to
execution
when
the
o If
the
RTC
finds
that
MTC
is
WRONG
in
court
decides,
15-day
period
lapses
the
dismissing
the
case
(that
it
does
have
decision
shall
be
executed
by
the
sheriff
this
is
jurisdiction
it
should
not
have
the
kind
that
is
FINAL
AND
EXECUTORY
YOU
dismissed
it)
RTC
will
remand
the
CANNOT
APPEAL
nd
records
of
the
case.
*some
authors
said
that
it
is
the
2
kind
but
for
me
-
it
is
the
first
kind
that
we
are
talking
about
here.
simply
put
nga
EXECUTORY
na
gd,
lapse
na
ang
15
days
to
appeal
so
execute
na
dayun,
di
na
ka.appeal.
JKB
Rm
405
3
Civil
Procedures
SY
2013
-2014
Orders
of
the
Court
which
are
NOT
APPEALABLE:
8.
Order
dismissing
an
action
WITHOUT
1.
Order
denying
Motion
for
New
Trial
or
PREJUDICE
Reconsideration
*2
Kinds
of
Dismissal
of
the
Case:
o REMEDY:
Appeal
from
the
Judgment
-Dismissal
WITHOUT
Prejudice
the
plaintiff
can
re-file
itself
IN
THE
MAIN
CASE.
Not
the
the
case
order
denying
the
motion.
-
Here,
you
dont
have
to
appeal.
Your
remedy
is
IMPORTANT
to
RE-FILE
THE
CASE
-
IMPORTANT
2.
Order
denying
Petition
from
Relief
from
-Dismissal
WITH
Prejudice
thats
the
end,
you
cannot
Judgment
this
is
the
remedy
from
a
decision
re-file
the
case
so
if
you
are
the
plaintiff,
thats
the
end
which
is
Final
and
Executory
(file
60
days
from
of
the
world
for
you.
knowledge
of
the
judgment,
but
not
later
than
-
Here,
your
only
remedy
is
to
go
up
go
for
an
6months).
appeal
3.
Interlocutory
Order
4.
Order
disallowing
an
appeal
*What
are
these
dismissal
with
prejudice
Lets
go
back
o REMEDY:
Mandamus
compel
the
to
Rule
16
MOTION
TO
DISMISS
under
motion
to
court
to
accept
the
appeal.
dismiss,
there
are
10
grounds.
some
of
these
grounds
5.
Order
denying
to
set
aside
judgment
by
are
WITH
prejudice
consent
or
upon
compromise
Res
Judicata
o This
judgment
is
immediately
executory
Abandonment
of
the
case
NOT
APPEALABLE.
Statute
of
Fraud
o WHY?
Because
it
is
the
product
of
the
-
so
if
the
court
dismiss
your
case
by
reason
of
these
3,
mutual
agreement
of
the
parties
your
dismissal
is
WITH
PREJUDICE
(SABOT2
MO
NYA
DI
NMU
TUMANON,
-
NOW
WHAT
WILL
HAPPEN
IF
THE
CASE
WILL
WORD
OF
HONOR
ASH-WHOLE!)
DISMISS
THESE
CASES
BUT
WITHOUT
*But
if
you
find
out
that
the
other
party
applied
PREJUDICE?
The
court
is
wrong,
YOUR
fraud
that
made
you
sign
the
compromise
REMEDY
IS
CERTIORARI
-
IMPORTANT
agreement,
what
is
your
REMEDY?
FILE
SEPARATE
ACTION
TO
SET
ASIDE
THE
C.
Modes
of
Appeal
appeals
here
is
the
same
with
the
JUDGMENT
IMPORTANT
Appeal
from
MTC
to
RTC
6.
Order
of
Execution
execution
na
gd,
unsa
Ordinary
Appeal
under
Rule
41
pay
e.appeal
nmu?
Period
of
appeal
has
already
o As
discussed
in
Rule
40,
it
only
take
5-
expired.
10mins
to
accomplish
this
o REMEDY:
Petition
for
Relief
from
o By
Record
of
Appeal
also
discussed
Judgment
already
in
rule
40
7.
Partial
Judgment
remaining
case
is
still
Petition
for
Review
under
Rule
42
appeal
from
pending
unless
the
court
provide
otherwise
the
Decision
of
the
RTC
in
the
Exercise
of
its
2
Kinds
of
Partial
Judgment:
Appellate
Jurisdiction
-
EX1:
Several
Judgment
more
than
2
parties
to
a
case.
1
o So
the
case
actually
started
in
MTC
and
Plaintiff,
2
defendants.
Suppose
the
court
will
decide
the
appeal
to
the
RTC
when
the
latter
case
so
far
as
the
defendant
1
is
concern
because
he
is
decides
the
case
and
you
are
not
finish
in
presenting
evident.
Then
defendant
2
dayon.
contented
you
can
appeal
to
the
CA
-
EX2:
Separate
Judgment
1
plaintiff,
1
defendant.
But
by
Petition
for
Review
not
by
ordinary
there
are
many
claims
by
the
plaintiff.
Now
1
claim
can
appeal
readily
be
decided
by
the
court
because
all
the
evidences
Appeal
by
Certiorari
under
Rule
45
appeal
are
already
in,
then
the
court
can
decide
on
that
1
claim
directly
to
the
Supreme
Court;
you
dont
have
to
alone.
go
to
CA
*In
these
cases
GR:
THE
JUDGMENT
IS
NOT
YET
o This
is
only
allowed
if
you
will
appeal
on
APPEALABLE
pure
questions
of
law
EXCEPT:
When
the
court
says
otherwise
court
allows
o If
there
is
question
of
facts/
mixture
of
you
to
file
an
appeal
on
that
separate
judgment
or
facts
and
law,
you
will
have
to
pass
CA
several
judgment.
IMPORTANT
so
ask
the
court
first
before
you
appeal.
4
JKB
Rm
405
Civil
Procedures
SY
2013-2014
*In
Criminal
Procedure,
there
is
a
mode
of
appeal
which
o So
the
rule
is
clear
that
you
will
have
15
can
be
taken
directly
be
the
SC
AUTOMATIC
REVIEW
days
again.
Applies
only
when
the
decision
of
criminal
case
o So
the
SC
said,
if
we
have
that
rule
in
involves
Death
Penalty
Rule
42
and
Rule
43,
WHY
DONT
WE
This
is
AUTOMATIC,
so
even
if
the
accused
does
ALLOW
THAT
TO
RULE
41?
The
rules
on
not
want
to
appeal
bahalag
ganahan
pa
sya
appeal
(MTC
to
RTC
and
RTC
to
CA)
m.sit
in
the
electric
chair
SC
shall
take
his
case.
must
be
applied
in
UNIFORMITY
IMPORTANT
*Back
to
Civil
Procedures,
the
case
shall
be
elevated
So
the
court
disobeyed
the
directly
to
the
SC
when
the
case
involves
PURE
rules
they
specifically
made.
QUESTION
OF
LAW.
(WHY?
Because
THIS
IS
The
decision
appeal
here
is
done
in
the
RTCs
SUPREME
COURT!)
Original
Jurisdiction
So
what
happens
if
the
case
is
decided
in
the
RTCs
PRINCIPLE:
Appellate
Jurisdiction?
GR:
WHEN
YOUR
MOTION
TO
RECON
OR
NEW
TRIAL
IS
MTC
decided
the
case.
You
appealed
to
the
RTC.
DENIED,
YOU
WILL
HAVE
ANOTHER
FRESH
PERIOD
OF
15
You
want
to
appeal
the
decision
of
the
RTC
on
pure
DAYS
TO
FILE
AN
APPEAL
questions
of
law.
WE
APPLY
HERE
RULE
42.
In
conformity
of
Rule
42
and
Rule
43.
You
cannot
go
directly
to
the
SC,
you
must
go
to
the
CA.
We
will
discuss
this
later
in
Rule
42.
F.
When
and
Where
to
pay
appellate
court
a
docket
pay
and
other
lawful
fees:
-
the
same
as
Rule
41
D.
Period
of
Appeal
Pay
the
docket
fee
in
the
RTC
Ordinary
appeal
15
days
Failed
to
Pay:
DISMISSAL
Records
on
Appeal
-
30
days
o REMEMBER:
In
rule
40,
non-payment
is
Habeas
Corpus
48
hours
not
a
ground.
But
in
here,
NON-
PAYMENT
IS
DISMISSAL.
E.
Interruption
of
period
to
appeal
by
motion
for
new
trial
or
motion
for
reconsideration.
G.
Notice
of
Appeal
Contents
remember
the
Material
The
filing
of
motion
for
new
trial
or
motion
for
Data
Rule
reconsideration
interrupts
the
running
of
the
period.
H.
Record
on
Appeal:
Summary
of
the
entire
proceedings
where
you
No
motion
for
extension
of
time
to
file
motion
for
new
reproduce
all
the
pleadings,
motions,
order
of
trial
or
reconsideration.
(See:
Neypes
vs
CA
Sept.
14,
the
court
in
connection
of
the
case.
2005)
*Why
are
you
required
to
file
records
on
appeal
in
The
appellant
should
be
given
a
fresh
period
to
Special
Proceedings
and
Multiple
Appeal?
Because
in
appeal.
these
cases,
the
records
will
still
remain
with
the
RTC
this
only
means
that
the
case
is
not
yet
over
in
the
lower
*If
you
read
Rule
40
and
Rule
41,
the
rule
used
the
word
court.
INTERRUPTS
so
meaning
if
your
motion
to
recon
or
new
EX1:
Expropriation
Cases.
You
property
is
expropriated.
trial
is
denied,
it
will
continue
to
run.
This
has
been
the
Here
there
are
2
stages
first
is
to
determine
if
the
interpretation
of
many
Remedial
Lawyers.
property
can
be
expropriated
and
second
is
But
later
on
in
the
case
of
Napes,
the
SC
held
determination
of
just
compensation.
that,
NO,
IT
NOT
ONLY
INTERRUPTS,
YOU
Now
when
the
lower
court
determines
that
the
SHOULD
BE
GIVEN
ANOTHER
15
DAYS.
property
can
be
expropriated
you
disagree
and
you
The
court
in
this
case
even
discussed
Rule
42
and
appealed
CAN
YOU
DO
THAT?
YES!
but
the
case
is
not
nd
Rul3
43
that
once
you
file
motion
for
recon
or
yet
over.
There
is
still
that
2
part
so
probably
RTC
will
new
trial
-
it
not
only
stops
and
interrupts
IT
not
transmit
the
record
to
CA
because
wa
pa
gd
ALSO
GIVES
YOU
FRESH
PERIOD.
nahuman.
WHY?
Because
if
you
read
Rule
42
and
Rule
43
st nd
you
have
15
days
to
file
an
appeal
from
the
EX2:
Partition
1
is
the
determination
of
the
owner.
2
judgment
or
NOTICE
OF
AN
ORDER
DENYING
is
the
actual
partition.
So
after
the
decision
of
the
court
of
YOU
MOTION
FOR
RECONSIDERATION.
who
are
the
owners,
you
want
to
appeal.
But
he
case
is
not
yet
over.
JKB
Rm
405
5
Civil
Procedures
SY
2013
-2014
*And
because
those
records
are
kept
by
the
RTC
THAT
Within
15
days
from
notice
of
decision
OR
IS
WHY
YOU
MUST
MAKE
YOUR
OWN
RECORD
TO
BE
denial
of
motion
for
reconsideration
or
new
PASSED
TO
THE
CA.
trial;
These
records
must
be
certified
by
the
RTC.
o Basis
of
the
fresh
15
days
(you
know
o So
it
is
SUBJECT
TO
THE
APPROVAL
OF
the
reason
for
this
already
in
NEPES
THE
COURT.
CASE)
When
you
submit
it
to
the
CA,
it
must
be
o File
it
DIRECTLY
TO
THE
CA
certified
again
by
the
CA
The
CA
may
grant
extension
of
time
to
file
o Because
your
records
might
not
be
petition
for
15
days
ONLY
after
complying
with
complete
the
prior
conditions
of
payment
of
docket
fees
The
other
party
can
comment/
and
cost
of
P500.
object
that
there
are
important
o Can
it
be
EXTENDED?
YES.
records
omitted
so
the
CA
You
must
first
comply
with
can
order
you
to
AMEND
THE
condition
precedent
RECORDS.
PAYMENT
OF
DOCKET
FEES
-
*If
it
is
by
Records
of
Appeal
IT
IS
THE
APPROVAL
OF
IMPORTANT
THE
APPEAL
BY
THE
CA
THAT
PERFECTS
THE
APPEAL.
Not
There
should
only
be
1
extension
allowed
the
filing
of
the
records.
No
further
extension
except
for
most
compelling
reason.
I.
Approval
of
the
Records
on
Appeal:
o What
are
the
compelling
reasons?
ITS
If
no
objection,
within
5
days
UP
TO
THE
CA
Order
amendment
to
be
complied
within
10
days
C.
Forms
and
Contents
of
Petition
for
Review:
J.
Joint
records
on
appeal:
Petition
shall
be
in
7
legible
copies;
The
court
may
extend
the
period
to
file
records
o Out
of
that
7
copies
you
must
specify
on
appeal.
which
is
the
ORIGINAL
o Why
7?
I
do
not
know
basin
ila
ning
March
8,
2014
baligya
We
will
discuss
Rule
42
and
rule
43
in
one
setting
so
that
State
the
full
names
of
the
parties
without
you
will
easily
determine
the
difference
of
2
modes
of
impleading
the
lower
court
judge
as
respondent;
appeal.
o Why
not
to
implead
the
judge?
Because
So
this
time,
bahalag
mag
balik2
ang
slides
ug
you
can
only
implead
the
judge
when
it
discussions.
Ill
try
to
go
with
the
flow.
is
a
Petition
for
Certiorari
his
grave
abuse
of
discretion
NOT
IN
PETITION
Rule
42
FOR
REVIEW
PETITION
FOR
REVIEW
FROM
RTC
TO
CA
Indicate
specific
material
dates
This
refers
to
the
petition
for
review
to
the
CA
o Material
Data
Rule
if
you
appeal,
you
from
the
decision
of
RTC
in
the
exercise
of
its
IN
ITS
must
specify
the
material
dates
of
when
APPELLATE
JURISDICTION.
you
appeal,
when
the
decision
was
made,
when
records
are
transferred.
RECALL:
basta
tanan
dates,
butang
tanan!
If
in
Original
Jurisdiction
Rule
41
Set
forth
concisely
a
statement
of
the
of
the
matters
involved,
issues
raised,
specification
of
A.
How
appeal
taken:
errors
of
facts
or
law
OR
both;
By
verified
petition;
Reasons
or
arguments
relied
upon
for
the
Paying
at
the
same
time
the
docket
fees
and
allowance
of
the
appeal;
other
lawful
fees
with
the
CA;
Accompanied
by
clearly
legible
duplicate
Deposit
P500
for
cost;
original
or
true
copy
of
the
judgment
or
final
Furnish
the
RTC
and
adverse
party
a
copy
of
the
orders
appealed;
petition.
o To
be
a
duplicate
original
copy
it
must
contain
the
Stamp
of
the
Court
B.
When
to
file:
Submit
a
certification
of
non-forum
shopping.
6
JKB
Rm
405
Civil
Procedures
SY
2013-2014
o Non-forum
Shopping
certification
that
It
does
not
mean
that
if
your
petition
is
given
due
no
other
case
pending
in
other
case
course,
the
case
is
already
favorable
to
you.
similar
to
the
present
case.
It
just
tells
you
to
continue
with
the
case
not
necessarily
you
will
win
the
case.
NB.
Appeal
here
may
be
on
question
of
fact,
question
of
law,
or
both
facts
and
law.
I.
Elevation
of
records:
Whenever
the
Court
of
Appeals
deems
it
D.
Effects
of
failure
to
comply
with
requirements:
necessary
it
will
order
elevation
of
records
within
15
days
DISMISSAL
from
notice.
E.
Action
on
the
petition:
Require
the
respondent
to
comment
within
10
J.
When
appeal
is
deemed
perfected:
days,
OR
From
the
moment
a
petition
for
review
is
file
Dismiss
the
case
outright.
Upon
payment
of
docket
fees
o If
unmeritorious
Upon
lapse
of
period
F.
Ground
for
outright
dismissal:
K.
Effect
of
perfection:
Petition
is
patently
without
merit;
Trial
court
loses
jurisdiction
Prosecuted
manifestly
for
delay
o EXCEPT:
Residual
Jurisdiction
The
RTC
Questions
raised
therein
are
to
unsubstantial
to
also
they
loses
jurisdiction,
they
can
still
warrant
consideration
entertain
motions
that
matter
to
the
case
-
only
until
the
CA
GIVES
DUE
G.
Comments
to
the
petitions
COURSE
even
if
the
records
are
still
in
*Respondent
must
wait
for
the
court
to
require
you
to
the
RTC
RULE
42
file
There
a
difference
to
rule
41
*File
the
comment
within
10
days
here
in
RULE
41,
RTC
*The
comment
MUST
NOT
BE
A
MOTION
TO
DISMISS
exercises
Residual
Jurisdiction
just
comment
only
until
the
records
are
Must
be
in
7
copies
forwarded
to
CA.
-
Statement
whether
he
accepts
the
statement
of
IMPORTANT
matters
involve;
Appeal
stays
judgment
or
final
order
o Normally,
the
party
who
appealed
may
o EXCEPT:
Rule
on
Summary
Procedure
omit
those
facts
not
favorable
to
him
the
case
is
immediately
executory
So
it
is
the
job
of
the
other
Cases
involving
claim
less
than
party-respondent
to
assert
10k
what
are
the
important
facts
Ejectment
Cases
that
must
be
included.
EXCEPTION
TO
THE
If
tan.aw
nya
ok
ra,
then
he
EXCEPTION:
When
may
accept
the
statement.
there
is
a
TRO
issued
Point
out
insufficiencies
or
inaccuracies
in
the
by
the
CA
-
statement
of
matters
involved
IMPORTANT
Statement
of
reasons
why
petition
should
not
be
given
due
course.
J.
Submission
for
Decision:
o Here,
if
you
are
the
respondent
-
you
The
Court
may
set
case
for
oral
argument
or
ask
must
defend
the
decision
of
the
lower
parties
to
submit
memorandum.
court
simply
because
the
decision
is
Normally
the
court
will
give
time
(own
discretion)
RIGHT.
DAOG
NA
GD
KA!
for
parties
to
file
their
memorandum
When
parties
submit
their
respective
memo,
H.
Due
Course:
court
will
decide,
OR
If
the
Court
of
Appeals
find
prima
facie
that
the
Even
if
parties
will
not
submit
and
the
given
time
lower
court
has
committed
an
error
of
fact
or
law
that
expire,
court
will
decide
with
/
without
the
will
warrant
a
reversal
or
modification
of
its
decision,
then
memo.
it
will
give
due
course
to
the
petition.
Rule
43
JKB
Rm
405
7
Civil
Procedures
SY
2013
-2014
APPEAL
FROM
CTA
AND
QUASI
JUDICIAL
AGENCIES
TO
NB:
Decisions
of
the
Court
of
Tax
Appeals
are
now
THE
COURT
OF
APPEALS
appealable
directly
to
the
SC
pursuant
to
RA
9282
Administrative
Bodies
are
giving
quasi-judicial
amending
RA
1125.
power
because
they
are
specialized
in
their
own
fields.
Why?
Because
CTA
is
equal
in
rank
as
CA.
Because
of
these
specializations,
any
issue
involving
that
o It
decide
cases
from
BIR,
Bureau
of
specialty
should
be
resolved
first
by
the
administrative
Customs
(if
you
are
taxed
excessively)
body.
B.
Cases
not
Covered:
Doctrine
of
Primary
Jurisdiction
if
there
are
non-judicial
NLRC
and
DOLE
decisions
are
not
covered,
but
disputes,
under
the
specialized
field
of
certain
this
has
already
been
abandoned
in
the
case
of
administrative
body,
it
must
be
resolved
first
in
that
St.
Martin
Funeral
Homes.
administrative
body
before
going
to
the
courts
of
law.
o SC
SAID
THAT
NLRC
AND
DOLE
DECISIONS
MUST
BE
APPEALED
TO
THE
Mode
of
Appeal:
PETITION
FOR
REVIEW
under
Rule
43
CA
This
is
the
kind
of
appeal
from
a
decision
of
a
BUT
NOT
UNDER
RULE
43
quasi-judicial
body.
FILE
UNDER
RULE
65
PETITION
FOR
CERTIORARI
-
SCOPE:
This
Rule
applies
to
appeal
from
decision
of
the
IMPORTANT
following
quasi-judicial
bodies,
in
the
exercise
of
its
Appeals
from
Ombudsman
decision
is
quasi-judicial
power
(IF
IT
IS
NOT
A
MATTER
OF
ITS
appealable
to
the
Court
of
Appeals,
not
to
SC.
FUNCTION,
YOU
DONT
GO
TO
THE
CA):
(Fabian
vs
Desierto).
wa
nananghid
ang
Civil
Service
Commission
Congress
in
making
this
law.
It
puts
additional
Central
Board
of
Assessment
Appeals
burnden
to
SC.
Securities
and
Exchange
Commission
RTC
decision
acting
as
a
corporate
court
is
Office
of
the
President
appealable
to
the
CA
under
Rule
43
and
not
Land
Registration
Authority
under
Rule
41.
(RA
8799
&
AM)
Social
Security
Commission
o Here
the
RTC
is
treated
like
a
quasi-
Civil
Aeronautics
Board
Judicial
Body
in
deciding
Intra-corporate
Bureau
of
Patents,
Trademarks
and
Technology
Dispute.
Transfer
National
Electrification
Administration
C.
Where
to
Appeal:
CA
even
on
pure
questions
of
law
Energy
Regulatory
Board
The
only
way
that
you
will
go
directly
to
the
SC
is
National
Telecommunications
Commission
when
you
appeal
the
decision
of
the
RTC
in
the
Department
of
Agrarian
Reform
exercise
of
its
original
jurisdiction.
Government
Service
Insurance
System
D.
Period
to
Appeal:
Employees
Compensation
Commission
15
days
from
receipt
of
judgment
or
order
Philippine
Atomic
Energy
Commission
denying
motion
for
reconsideration
or
new
trial
Board
of
Investment
Only
one
motion
for
reconsideration
is
allowed
Construction
Industry
Arbitration
Commission
Motion
for
extension
of
time
to
file
petition
can
Voluntary
Arbitrators
be
granted
only
for
15
days
o Only
after
payment
of
required
fees.
EX:
Case
involving
disciplinary
action
against
an
employee
of
the
DAR.
The
Secretary
decided
his
suspension.
*Here
you
will
see
that
pariha
ra
jd
kaau
sla
sa
Rule
42
Would
you
appeal
that
decision
to
the
CA?
NO
E.
How
appeal
taken
*Why?
Because
the
suspension
of
the
employee
in
CTA
is
Verified
petition
in
7
copies
not
decided
in
the
official
function
of
DAR.
Proof
of
service
to
adverse
party
and
the
court
*REMEDY:
Go
to
the
Civil
Service
Commission.
or
agency
a
quo
PRINCIPLE:
For
Rule
43
to
apply,
the
decision
you
want
Payment
of
docket
fee,
etc.
to
appeal
must
be
a
decision
of
the
administrative
agency
in
the
exercise
of
its
function.
F.
Contents
of
petition:
Full
name
of
parties
Concise
statement
of
the
facts,
etc
8
JKB
Rm
405
Civil
Procedures
SY
2013-2014
JKB
Rm
405
9
Civil
Procedures
SY
2013
-2014
EXTENSION
Effect:
Lower
court
loses
jurisdiction
BUT
retains
IMPORTANT
RESIDUAL
JURISDICTION.
The
extension
is
not
Until
when?
When
the
records
of
the
case
are
only
for
another
45
forwarded.
days,
but
even
for
90
o The
Clerk
of
Court
must
send
the
record.
days
total
of
135
It
must
be
made
within
30
days.
days.
*What
happens
if
the
Clerk
of
Court
fails
to
transmit
the
Records
of
Appeal
required
only
in
Special
record?
Does
the
RTC
lose
Residual
Jurisdiction?
NO.
It
is
Proceedings
or
Multiple
appeal
clear
that
records
must
be
forwarded
before
it
loses
its
o File
first
notice
of
appeal
jurisdiction.
o Submit
Records
of
Appeal
30
days
This
only
means
that
the
30
days
is
NOT
from
the
time
you
receive
the
decision
MANDATORY.
of
the
case
you
are
appealing.
The
rules
recognizes
the
fact
that
there
could
be
o When
you
file
motion
for
lawful
delays
(typhoon,
earthquakes,
fortuitous
reconsideration
or
new
trial
later
on
events,
etc.)
denied
30
day
will
start
to
run
again
from
RECEIPT
OF
THE
ORDER
OF
THE
*So
if
the
records
are
not
yet
forwarded,
what
is
your
RTC
DENYING
THE
MOTION
FOR
remedy?
RECON/
NEW
TRIAL
C.
Order
of
transmittal
of
record:
o Here,
you
must
present
summary
of
the
That
if
the
records
will
not
be
forwarded,
you
can
facts
in
chronological
order.
Discussed
ask
the
RTC
(court
of
origin)
to
complete
the
record
and
already
to
forward
the
records
of
the
case
to
the
CA.
Imo
apurahon
ang
clerk,
HOI
NILAPAS
NA
ANG
30
DAYS!
E.FORWARD
NANA!
IMPORTANT
NOW,
after
you
have
filed
the
summary,
you
must
have
it
APPROVED
by
the
RTC
first.
What
happens
next
when
the
records
are
forwarded?
*BUT
WHEN
WILL
IT
BE
FORWARDED
TO
CA?
IS
D.
Docketing
of
cases:
-
court
will
assign
docket
number.
IT
AUTOMATIC?
NO!
you
must
wait
for
the
CA
Upon
receipt
of
the
original
records.
Clerk
of
to
require
you
to
file
the
records
of
appeal.
Court
of
CA
must
notify
the
parties.
Approved
records
on
How
will
the
CA
know
you
will
appeal?
Remember,
appeal
to
be
filed
within
10days.
before
you
forward
the
record,
you
must
file
notice
of
Notice
must
be
send
to
the
parties
especially
to
appeal
first
in
the
RTC.
The
RTC
will
forward
that
notice
to
the
appellant
that
the
records
is
now
in
the
CA.
This
is
the
reason
why
you
must
wait
until
the
CA
appellate
court.
will
order
you
to
file
the
APPROVED
records.
It
is
important
to
send
notice
to
the
appellant
You
have
to
do
this
within
10
days.
because
he
will
have
to
submit
an
Appellants
Brief
WITHIN
45
DAYS.
NB:
NORMALLY,
the
RTC
forwards
the
notice
of
appeal
to
the
CA
AFTER
it
has
approves
the
records
of
appeal
REMEMBER:
Notice
of
Appeal
is
just
easy.
E.
Completion
of
records
and
dispensing
with
complete
o Not
Extendible.
records
of
the
case:
-
the
clerk
of
court
of
the
CA
will
o Your
arguments,
contentions
why
the
examine
lower
court
committed
error
You
If
he
founds
that
the
record
is
incomplete,
he
will
reserve
that
when
the
court
REQUIRES
notify
the
clerk
in
RTC
YOU
TO
FILE
YOUR
APPELLANTS
BRIEF
o Usually,
ang
perme
mahabilin
ARE
THE
Filed
within
45
days
from
the
TRANSCRIPT!
NAAY
UBAN
time
the
court
informed
you
STENOGRAPHERS
NGA
LIGOY
KAAU
that
the
records
are
already
DUGAY
KAAU
MAHUMAN!
-
with
them.
IMPORTANT
In
here,
you
can
file
motion
for
*HOWEVER,
there
are
instances
in
which
the
records
cannot
be
completed:
10
JKB
Rm
405
Civil
Procedures
SY
2013-2014
JKB
Rm
405
11
Civil
Procedures
SY
2013
-2014
o If
the
appellee
agrees
statement
of
the
*Questions
of
Law
what
law
to
be
applied
and
appellant,
then
he
will
just
put
one
appreciation
of
law
the
interpretation
of
law.
sentence
there,
Appellee
hereby
adopt
IMPORTANT
the
statement
of
facts
in
the
appellants
Whether
it
is
a
question
of
fact
or
law
is
to
be
brief.
determined
by
the
appellate
court
Arguments
o To
answer
ever
arguments
of
the
*The
factual
findings
of
the
CA
is
final
already
appellants
assigned
errors
o Remember,
the
job
of
the
appellant
is
to
GENERAL
RULE:
Only
question
of
law
may
be
raised
to
destroy
the
decision
of
the
lower
court.
the
Supreme
Court
o Your
job
as
the
appellee
defend
the
EXCEPTIONS:
decision
of
the
lower
court.
LABANAN
When
conclusion
is
a
finding
grounded
freely
MO
AND
DECISION
NG
RTC!
entirely
on
speculations,
surmises
or
conjectures
*Thats
why
Appellee
who
has
not
appealed,
cannot
o Because
it
has
no
sufficient
evidence.
make
assignment
of
errors
in
his
brief.
-
IMPORTANT
When
inference
made
is
manifestly
mistaken,
absurd
or
impossible;
The
Appellee
is
not
always
the
winning
party
When
there
is
grave
abuse
of
discretion
in
the
EX:
The
damages
awarded
is
not
enough.
Di
ka
ganahan
appreciation
of
facts;
sa
gihatag,
so
you
can
appeal.
So
when
you
appeal,
now
When
the
judgment
is
based
on
you
have
the
right
to
make
an
assignment
of
error.
misapprehension
of
facts;
When
the
findings
of
fact
of
the
Court
of
Appeals
PRINCIPLE:
Only
a
party
who
files
an
appeal
can
make
an
are
conflicting
with
RTC;
assignment
of
error.
-
IMPORTANT
When
the
Court
of
Appeals
went
beyond
the
issues
of
the
case
and
the
same
is
contrary
to
the
L.
What
are
the
questions
that
may
be
raised
on
appeal:
admissions
of
both
parties;
Any
question
of
law
or
fact
that
HAS
BEEN
When
the
CA
manifestly
overlooked
certain
RAISED
in
the
court
below.
relevant
facts
not
disputed
by
the
parties,
which
if
considered
would
justify
a
different
*There
are
only
3
INSTANCES
where
the
CA
entertains
conclusion
question
that
are
NOT
RAISED
in
the
lower
court:
-
When
findings
of
fact
of
CA
are
contrary
to
the
THESE
ARE
QUESTIONS
YOU
RAISED
FOR
THE
FIRST
TIME
trial
courts
findings.
IN
THE
CA
*SC
here
is
actually
defying
its
own
rules.
WHY
HAVE
THE
Questions
on
Jurisdiction
EXCEPTIONS?
BECAUSE
WE
ARE
THE
SUPREME
COURT!
Issues
on
error
that
are
clerical
or
typographical
THATS
WHY!
Sukol
ka?
Issues
which
are
not
mentioned
in
the
assignment
of
errors
Certiorari
in
Rule
45
VS
Certiorari
in
Rule
65
o These
issues
must
be
important
and
Rule
45
Rule
65
CLOSELY
RELATED
TO
THE
ASSIGNED
1.
Question
of
Law
1.
Grave
abuse
of
discretion
ERROR.
2.
Mode
of
Appeal.
2.
Original
action
and
is
Review
Judgment
on
the
directed
on
interlocutory
Rule
45
Merit;
order
APPEAL
BY
CERTIORARI
TO
THE
SUPREME
COURT
3.
Must
be
made
within
3.
Must
be
filed
not
later
than
This
is
the
only
mode
of
appeal
to
the
SC
ordinarily.
reglementary
period
to
60
days
from
notice
of
Appeal
(15
days)
judgment
A.
Scope:
4.
Does
not
stay
judgment
Decision
of
CA,
CTA,
Sandiganbayan,
&
RTC
on
4.
Appeal
stays
judgment,
unless
TRO
is
issued
by
the
pure
questions
of
law
in
the
exercise
of
its
award
or
order
appealed
appellate
court
original
jurisdiction
from;
So
ask
for
a
TRO
to
Only
questions
of
law
may
be
raised
stay
-
IMPORTANT
Distinguish
question
of
law
from
question
of
fact
5.
Petitioner
and
5.
Aggrieved
party
against
*Questions
of
Fact
requires
the
calibration
of
the
lower
respondent
are
the
the
lower
court
or
quasi-
court
which
is
presented
by
both
parties
with
evidence
in
original
parties.
Lower
judicial
agency
and
the
order
to
determine
which
one
is
telling
the
truth.
court
judge
not
to
be
prevailing
party
12
JKB
Rm
405
Civil
Procedures
SY
2013-2014
impleaded
Because
you
accused
G.
Review
is
discretionary
Reasons
for
the
Court
to
the
court,
so
you
grant
the
petition
include
the
court
When
the
court
a
quo
has
decided
a
question
of
6.
Filing
of
a
motion
for
substance,
not
theretofore
determined
by
the
reconsideration
is
Supreme
Court,
or
has
decided
it
in
a
way
not
in
6.
Prior
filing
of
a
motion
CONDITION
PRECEDENT
accord
with
law
for
reconsideration
not
To
give
the
judge
When
the
court
a
quo
has
so
far
departed
from
required
opportunity
to
the
accepted
and
usual
course
of
judicial
correct
himself
proceedings
as
to
call
for
an
exercise
of
the
7.
Appellate
court
is
in
the
7.
Higher
court
exercises
its
power
of
supervision.
exercise
of
its
appellate
original
jurisdiction
and
jurisdiction
and
power
of
power
of
control
and
H.
Pleadings
and
other
documents
or
papers
that
the
review
supervision
over
lower
court.
Supreme
Court
may
require
SACTION:
DISMISSAL
Rule
45
about
an
appeal
Usually,
pleadings
and
documents
are
NOT
Rule
65
special
civil
action
required
but
when
there
are
things
that
needs
to
be
clarified,
SC
may
require
it
B.
Time
to
file
petition:
o If
the
SC
requires
it,
YOU
MUST
MAKE
Within
15
days
from
receipt
of
the
judgment
THOSE
SHIT!
appealed
from
or
from
denial
of
motion
for
recon
or
new
trial
I.
Due
Course
and
elevation
of
records:
-
skipped
Motion
for
extension
may
be
granted
only
for
30
days
J.
Rule
45
is
applicable
to
both
civil
and
criminal
cases.
Except
in
criminal
cases
where
the
penalty
imposed
is
C.
Payment
of
docket
fee
and
cost
death,
reclusion
perpetua
and
life
imprisonment
With
the
Supreme
Court
and
with
proof
of
service
to
the
other
party
and
the
court
whose
March
15,
2014
decision
you
appealed.
Rule
46
ORIGINAL
CASES
IN
THE
COURT
OF
APPEALS
D.
Contents
of
the
Petition
This
applies
to
cases
filed
originally
in
the
CA.
Full
name
of
the
parties
This
is
not
an
appealed
case
this
is
filed
directly
to
the
Indicate
material
dates
CA.
Set
forth
concisely
a
statement
of
the
matters
involved,
and
the
arguments
in
support
of
the
A.
Title
of
the
Case:
petition
Parties
are
called
Petitioners
and
Respondent
Accompanied
by
original
or
CTC
of
the
judgment
Certification
of
non-forum
shopping
B.
Original
actions:
Under
Rule
65:
*Rule
45
is
a
MATTER
OF
DISCRETION
Certiorari
E.
Grounds
for
Dismissal:
Prohibition
Failure
to
comply
with
the
requirement
regarding
Mandamus
payment
of
docket
and
other
lawful
fees,
and
Quo
Warranto
deposit
for
cost
*Habeas
Corpus
governed
by
the
rules
on
special
civil
Failure
to
show
proof
of
service
actions
already,
not
here
Failure
to
observe
contents
of
petition
and
the
Under
Rule
47
documents
that
must
accompany
it
Annulment
of
the
judgment
of
the
RTC
o Certification
of
non-forum
shopping
C.
Contents
of
the
Petition:
F.
Additional
Grounds
Full
names
of
the
parties
Appeal
is
without
merit
Statement
of
the
matters
involved
Prosecuted
manifestly
for
delay
Discuss
the
grounds
relied
upon
Question
is
too
unsubstantial
How
many
copies?
o CA
7
copies
o SC
18
copies
JKB
Rm
405
13
Civil
Procedures
SY
2013
-2014
Accompanied
by
copy
of
the
decision
of
the
court
A
justice
may
receive
evidence
or
he
may
you
want
to
appeal
delegate
that
job
to
the
RTC
judge
o It
must
be
an
original
copy
or
certified
o The
RTC
judge
will
receive
in
his
behalf
true
copy
and
will
just
notify
the
CA
that
evidence
*Failure
to
comply:
Ground
for
DISMISSAL
is
submitted.
*When
is
jurisdiction
of
the
Petitioner
deemed
*The
CA
may
require
for
the
other
party
to
comment.
acquired?
G.
Effect
of
failure
to
file
comment:
From
the
moment
the
petition
is
filed
Court
may
decide
on
the
basis
of
the
records
*How
about
the
Respondent?
Without
prejudice
to
the
imposition
of
disciplinary
action
on
the
disobeying
party
D.
How
jurisdiction
over
the
person
of
respondent
o Because
here,
there
is
no
trial
in
default.
acquired:
From
the
moment
respondent
receives
the
Rule
47
initial
action
of
the
court
ANNULMENT
OF
JUDGMENT
OF
THE
RTC
o WHY?
Unlike
in
cases
that
are
filed
in
You
will
file
this
in
the
CA.
This
is
not
an
the
RTC
or
MTC,
when
you
file
appealed
case,
BUT
AN
ORIGINAL
ACTION.
complaint
the
court
will
issue
summons
-
Of
all
the
Remedies,
this
rule
is
also
called
the
Last
with
copy
of
the
complaint.
The
Recourse
of
the
losing
party
in
a
civil
action.
moment
the
defendant
receives
the
summons,
the
court
acquires
We
have
already
learned
so
many
remedies:
jurisdiction.
If
you
want
to
appeal
from
judgment
of
the
RTC
IN
HERE,
THERE
IS
NO
in
its
original
jurisdiction
Appeal
to
the
CA
SUMMONS.
WHEN
YOU
FILE
under
Rule
41
CASE
UNDER
RULE
46,
YOU
If
the
case
originated
at
MTC
appealed
to
the
MUST
FIRST
GIVE
COPY
OF
THE
RTC
Appeal
to
the
CA
under
Rule
42
PETITION
TO
THE
OTHER
Within
that
15
days
to
make
your
appeal
you
PARTY
NOT
THE
COURT.
-
still
have
a
remedy
Motion
for
Reconsideration
IMPORTANT
or
New
Trial
If
you
will
not
furnish
copy
to
o Ground
of
FAME
the
respondent,
the
petition
If
you
were
not
able
to
file
the
Motion
for
shall
be
dismissed.
Reconsideration
and
*So
if
you
are
the
RESPONDENT
DONT
FILE
YOUR
New
trial
and
the
case
has
became
final
ANSWER
RIGHT
AWAY.
Motion
for
Relief
from
Judgment
under
Rule
38
You
must
wait
for
the
action
of
the
court.
o Ground
of
FAME
within
60
days
from
receipt
of
the
decision
but
not
more
E.
Action
by
the
Court
that
6
month
from
the
entry
of
Dismiss
the
case
outright
judgment
Require
respondent
to
comment
within
10
days
*If
you
were
not
able
to
avail
of
these
remedies,
now
from
receipt
of
notice.
you
will
file
ANNULMENT
OF
JUDGMENT.
F.
Determination
of
factual
issues:
A.
Coverage
Usually
CA
does
not
call
for
a
hearing.
The
Court
of
Appeals
may
annul
the
judgment
of
The
calling
of
hearing
is
just
discretionary
in
the
the
RTC
if
the
remedies
of
new
trial,
appeal,
petition
for
CA.
relief
from
judgment
or
other
remedies
are
no
longer
o What
is
the
purpose
of
hearing?
For
available
through
no
fault
of
the
petitioner.
determination
of
fact
o So
the
court
will
just
conduct
a
hearing
B.
Grounds:
if
there
are
factual
issues
that
need
to
Extrinsic
Fraud
be
determined.
Lack
of
Jurisdiction
*How
will
CA
conduct
a
hearing?
Either
the
CA
justices
will
hear
the
case
for
Extrinsic
VS
Intrinsic
themselves.
14
JKB
Rm
405
Civil
Procedures
SY
2013-2014
EXTRINSIC
a
fraud
employed
by
one
party
in
SC
HELD:
When
you
look
at
her
petition,
there
are
order
to
prevent
the
other
from
appealing.
actually
2
grounds
alleged.
Extrinsic
fraud
and
Lack
of
o He
used
this
fraud
to
deny
the
other
Jurisdiction
that
the
court
did
not
acquired
jurisdiction
partys
day
in
court.
of
the
person
of
the
defendant
because
she
received
no
INTRINSIC
a
fraud
employed
by
one
party
summons.
SO
THEY
NEED
NOT
ALLEGE
THAT
they
did
during
the
trial
of
the
case.
not
avail
of
the
remedy
due
to
no
fault
of
her
own.
-
o Using
false
documents,
manufactured
IMPORTANT
evidence,
etc.
o But
these
are
used
during
the
trial
that
could
have
been
discovered
by
the
other
partys
lawyer
if
only
he
is
SIMPLIFY:
diligent
enough.
If
Extrinsic
Fraud
ONLY
you
must
allege
that
*only
EXTRINSIC
FRAUD
can
be
used
as
a
ground
you
failed
to
appeal
through
no
fault
of
your
own
NB.
If
the
ground
is
extrinsic
fraud,
the
petitioner
must
If
it
is
with
Lack
of
Jurisdiction
you
need
not
allege
that
he
failed
to
avail
of
new
trial,
appeal,
or
allege
petition
for
relief
through
no
fault
of
his
own.
However,
if
*So
if
you
will
include
the
2
grounds
Ancheta
Case
tells
the
ground
of
lack
of
jurisdiction
is
also
included,
then
you
that
you
need
not
allege.
IMPORTANT
there
is
no
need
to
allege
said
condition
precedent.
(Ancheta
vs
Ancheta)
C.
When
to
file
action:
Extrinsic
Fraud
4
years
from
discovery
The
Ancheta
Case
Lack
of
Jurisdiction
until
barred
by
laches
This
is
a
case
of
declaration
of
nullity
of
marriage
o LACHES
when?
It
depends
upon
the
on
the
ground
of
Psychological
Incapacity.
Tiguwang
na
court
kaau
ni
sla.
The
wife
nakusemisyon
kay
babaero
kaau
ang
Usually,
the
court
can
use
this
if
husband
dirty
old
man.
the
other
party
is
PREJUDICED
But
tiguwang
na
man
jd
sla,
the
wife
said
that
by
your
inaction.
they
will
just
separate
their
properties.
They
decided
that
EX:
the
lot
has
already
been
she
would
own
the
ancestral
house
and
a
beach
resort.
sold
to
other
party
then
you
Gikapuy
na
guro
sya,
she
decided
to
stay
na
jd
sa
BEACH
filed
the
petition
you
will
RESORT.
prejudice
his
right
already.
Now
the
husband
found
another
woman
and
*Even
if
you
have
this
principle
of
prescription
10
years
decided
to
marry
her.
He
filed
the
nullity
of
marriage
if
good
faith,
30
year
if
bad
faith.
Even
if
you
still
have
gisabot
nya
ang
iyang
anak
and
the
sheriff.
TO
SEND
that
prescriptive
period,
if
other
partys
right
is
already
THE
SUMMONS
TO
THE
ANCESTRAL
HOUSE
SO
WALA
involved,
THE
COURT
MAY
USE
LACHES.
IMPORTANT
KADAWAT
SI
WIFE.
But
according
to
the
record
of
the
you
are
actually
sleeping
on
your
right
Natug
kas
court,
nadawat
na
daw.
In
result,
she
did
not
participated
pansitan!
in
the
hearing.
The
judge
utro
pd
bogo
kaau
decided
in
D.
Contents:
default.
Remember
that
it
is
not
allowed
because
in
Verified
petition
in
7
copies
annulment
or
nullity
of
marriage,
you
cannot
declare
a
Affidavit
of
witnesses
or
documents
party
in
default.
Ingon
pd
ni
si
Sr.
Huwis
GRANTED!
o This
affidavit
is
not
required
in
Rule
46
-
difference
*NOW
the
wife
knew
of
the
decision
she
Certification
of
non-forum
shopping
went
to
a
lawyer
they
filed
ANNULMENT
OF
JUDGMENT.
The
petition
contained
2
grounds
BUT
IN
E.
Action
by
the
court:
EXTRINSIC
FRAUD
-
THEY
DID
NOT
ALLEGE
that
they
Dismiss
outrightly
failed
to
avail
of
the
remedy
through
no
fault
of
her
Give
due
course
and
summons
is
served
on
the
own.
defendant
Because
of
this,
the
lawyer
of
the
husband
said
o DIFFERENCE
IN
RULE
46
rule
46
did
that
the
petition
must
be
dismissed
because
it
not
require
summons.
failed
to
comply
with
the
requirement.
Ground
Remember
that
it
is
the
party
for
Dismissal
daw.
who
will
give
them
copy
of
the
petition,
not
the
court.
JKB
Rm
405
15
Civil
Procedures
SY
2013
-2014
o Here
you
need
not
furnish
a
copy
to
the
*WHY?
Because
prescriptive
period
to
file
your
case
was
other
party.
File
directly
to
the
court
suspended
the
moment
you
filed
the
case
in
the
RTC.
-
and
it
is
now
the
job
of
the
court
to
IMPORTANT
give
copy
to
the
adverse
party.
*So
here,
the
court
acquires
jurisdiction
over
the
*Now
what
if
the
ground
relied
upon
by
the
Respondent
respondent
upon
receipt
of
the
summons.
-
IMPORTANT
is
Extrinsic
Fraud
AND
YOU
THE
PLAINTIFF
IS
RESPONSIBLE
FOR
THAT
EXTRINSIC
FRAUD?
The
F.
Procedure:
-
the
same
as
ordinary
civil
action
before
prescriptive
period
did
not
suspend.
the
RTC
*Can
you
re-file
the
case?
YES
provided
that
the
You
file
prescriptive
period
has
not
yet
expired.
-
IMPORTANT
Summons
will
be
sent
now
you
can
relax.
Court
will
required
you
within
15
days
to
comment
Just
like
in
Ancheta
Case:
It
is
the
plaintiff
that
caused
the
extrinsic
fraud
When
the
CA
grants
the
Annulment
of
Judgment,
what
is
*Can
he
still
re-file
the
case?
the
effect?
Judgment
of
the
RTC
will
be
set-aside
or
no
o It
would
depend
if
the
prescriptive
judgment
at
all.
period
did
not
expire
G.
Effect:
It
depends
on
the
ground
o The
prescriptive
period
is
not
suspended
Lack
of
Jurisdiction
Judgment
is
set-aside
in
that
case
because
he
was
responsible
without
prejudice
to
re-filing.
for
the
fraud
Extrinsic
Fraud
Trial
de
novo,
as
if
timely
motion
for
new
trial
is
filed
I.
Relief:
Judgment
may
include
award
of
damages,
LIBOG
NI
NGA
PART,
BASAHA
SA
TANAN!
attorneys
fees
and
other
relief
Sir:
H.
Suspension
of
prescriptive
period
to
re-file
the
Order
of
Restitution
case
suspension
starts
from
the
time
original
action
o Only
if
the
decision
is
executed
was
filed
in
the
RTC.
not
from
the
moment
you
filed
in
o If
a
property
is
executed,
you
can
still
the
CA
sa
RTC
jd!
get
it
back
ebalik
ang
nakuha
EXCEPTION:
If
the
extrinsic
fraud
is
attributable
to
the
plaintiff
in
the
original
action
NO
J.
Annulment
of
judgment
of
MTC
SUSPENSION,
PRESCRIPTIVE
PERIOD
STILL
RUNS
Also
applicable
in
MTC
Q:
Can
plaintiff
re-file
the
case?
YES
-
as
long
as
You
will
just
file
the
Annulment
of
Judgment
with
prescriptive
period
has
not
yet
expired.
-
IMPORTANT
the
RTC
But
with
the
same
process.
Q:
Unsa
nga
prescription?
Unsa
nga
filing?
Unsa
ni
nga
kaso?
Rule
48
SIMPLIFY:
-
own
interpretation
ra
nako
ni
ha
PRELIMINARY
CONFERENCE
FACTS:
The
court
may
require
conference.
This
is
like
Lets
say
you
filed
a
case
with
prescriptive
period
pre-trial
in
RTC.
of
4
years
(Example
ra
ang
4
years
JUST
IMAGINE
A
CASE
WITH
4
YEARS
Preliminary
Conference
VS
Pre-trial
PRESCRIPTION)
Preliminary
conference
may
be
conducted
by
nd
You
filed
in
RTC
on
the
2
year
(4
-
2
=
2
years
CA
DISCRETIONARY
left)
o on
cases
originally
filed
with
it
or
on
RTC
decided
the
case
in
your
favor
Respondent
appealed
cases.
rd
filed
in
the
CA
Annulment
of
Judgment
on
the
3
o Usually
they
will
conduct
if
it
is
an
year
original
action
CA
granted
the
Annulment
of
Judgment
Pre-trial
this
is
MANDATORY.
*Can
the
You
the
Petitioner
-
re-file?
YES
A.
Purpose:
*How
many
more
years
left?
2
years
Consider
possibility
of
settlement
Define
&
simplify
issue
Stipulation
of
Facts
16
JKB
Rm
405
Civil
Procedures
SY
2013-2014
Such
other
matter
for
prompt
disposition
of
You
can
file
for
extension
for
case
another
30
days
But
you
must
pay
docket
and
B.
Record
of
Conference:
other
lawful
fees
first.
Everything
must
be
recorded
Failure
to
pay
docket
and
other
lawful
fees;
o Ordinary
Appeal
-
Pay
to
the
RTC
o Petition
for
Review
Pay
to
the
CA
C.
Binding
effect
of
the
result
of
conference:
Unauthorized
alterations,
omissions
or
additions
Binding
to
both
parties
in
the
approved
record
on
appeal;
*Whatever
is
agreed
upon
shall
be
binding
to
both
o Here,
it
refers
to
a
special
proceeding
or
parties.
multiple
appeal
*How
will
you
do
this?
Lets
go
back
Rule
49
-file
your
record
on
appeal
first
in
the
RTC
subject
to
the
ORAL
ARGUMENT
approval
of
RTC
This
is
not
mandatory
in
CA.
Only
Discretional.
-
once
RTC
approves
the
record
wait
for
the
CA
to
order
*This
rarely
happens
CA
will
only
resort
to
Oral
you
to
forward
the
Approved
Record
within
10
days.
Argument
if
there
are
factual
issues,
decrees
and
legal
*That
record
must
have
no
alteration
WAY
issues
involved,
and
they
want
to
hear
the
sides
of
the
PINAPASAN!
-
IMPORTANT
lawyers.
Failure
of
appellant
to
serve
and
file
the
required
A.
When
allowed:
number
of
copies
of
his
brief;
Upon
motion
of
a
party
o How
many
copies?
Upon
courts
own
volition
CA
7
copies
2
copies
to
the
B.
Conduct
of
oral
argument
Respondents
Only
1
lawyer
can
present
his
argument
If
2
parties
o Even
if
a
party
is
represented
of
battery
represented
by
2
of
lawyers
1
ra
jd.
lawyers
only
1
per
The
order
of
the
argument
will
be
determined
by
lawyer.
the
CA.
Absence
of
specific
assignment
of
errors
in
the
C.
No
hearing
or
oral
argument
for
motions
appellants
brief;
There
is
no
need
to
put
a
date
or
set
it
to
hearing
o You
must
point
out
the
specific
error
Unlike
in
the
RTC
that
if
no
date
it
will
be
Failure
to
provide
page
reference
of
the
record.
treated
as
Pro
Forma
Motion
o To
make
it
easier
for
the
reviewing
HERE,
YOU
NEED
NOT
PUT
A
DATE
judge
to
review
the
case.
o *this
is
not
really
mandatory
March
18,
2014
discretionary
on
the
CA
he
may
or
may
Rule
50
not
dismiss
it
DISMISSAL
OF
APPEAL
Failure
of
the
appellant
to
take
the
necessary
Here,
we
are
still
talking
about
appealed
cases
in
Court
of
steps
for
the
correction
or
completion
of
the
Appeals.
record
within
time;
Failure
of
appellant
to
appear
at
the
preliminary
A.
Ground
for
dismissal
conference
or
to
comply
with
the
orders
of
the
Failure
of
the
record
on
appeal
to
show
on
its
court;
face
that
it
was
taken
on
time;
o Once
the
court
requires
you
for
o That
is
why
you
must
comply
with
the
preliminary
conference
you
must
material
data
rule.
comply
Failure
to
file
notice
of
appeal
or
the
record
on
The
fact
that
the
order
is
not
appealable
appeal
on
time;
*What
are
the
orders
NOT
APPEALABLE?
o Notice
of
appeal
15
days
-
Order
denying
motion
for
Reconsideration
or
New
Trial
Not
Extendible
-
Interlocutory
Order
o Record
on
Appeal
30
days
-
Order
denying
to
set-aside
compromise
agreement
-
Order
denying
writ
of
execution
JKB
Rm
405
17
Civil
Procedures
SY
2013
-2014
o or
after
the
lapse
of
time
given
to
*What
will
happen
if
your
appeal
to
the
CA
is
a
wrong
submit
the
memo
mode
of
appeal?
IT
WILL
BE
DISMISSED.
B.
Dismissal
of
improper
appeal:
B.
Who
will
decide:
Appeal
from
RTC
to
CA
on
pure
question
of
law
CA
is
a
colligate
court
decide
a
case
en
bank
or
o Rule
41
if
RTC
decide
in
its
original
in
division
jurisdiction
GO
TO
THE
SC
DIRECTLY
o EN
BANK
all
will
participate
in
the
Appeal
by
notice
of
appeal
instead
of
petition
for
decision
review
under
rule
42
from
RTC
to
CA
This
does
not
apply
in
cases
o Rule
42
it
must
be
by
Records
They
usually
have
an
en
banc
decision
only
in
deciding
*Can
you
still
withdraw
an
appeal?
YES
internal
matters
Rules
and
C.
Withdrawal
of
appeal
Procedure
in
the
CA
Matter
of
Right
before
appellees
brief
is
filed
o IN
DIVISION
only
the
division
will
o As
long
as
there
is
still
no
answer,
you
decide
can
withdraw
anytime
How
many
justices
are
there
in
Discretionary
after
filing
of
brief
CA?
69
(thats
a
very
lucky
o So
you
have
to
file
a
motion
to
number)
withdraw
your
appeal
How
many
divisions?
23
divisions
Rule
51
3
members
each
JUDGMENT
C.
Quorum
and
voting:
A.
Submitted
for
judgment
*How
shall
it
be
decided
when
it
is
given
to
a
division?
It
In
ordinary
appeal
must
be
decided
UNANIMOUSLY.
When
is
the
case
deemed
submitted
for
decision?
In
an
appealed
cases,
the
appellant
is
required
to
*What
if
one
justice
will
have
difference
decision?
file
appellants
brief
within
45
days.
The
appellee
may
They
will
create
another
a
special
division
of
5.
also
file
his
appellees
brief
within
45
days.
They
will
get
2
justices
in
another
division
to
join
their
The
appellant
may
still
file
REPLY
BRIEF
UPON
division
for
VERIFICATION.
THE
FILING
OF
THAT
REPLY,
THAT
IS
SUPPOSED
TO
BE
THE
THIS
TIME
THEY
WILL
DECIDE
IT
BY
MAJORITY.
-
TIME
THAT
THE
CASE
IS
DEEMED
SUBMITTED
FOR
IMPORTANT
DECISION.
D.
Disposition
of
a
case:
-
*If
the
CA
requires
the
filing
of
some
memorandum,
Here,
the
CA
may
reverse,
revise
or
amend
the
then
the
case
is
deemed
submitted
UPON
THE
FILING
OF
decision
of
the
lower
court
or
remand
the
case
.
THOSE
MEMORANDUM.
OR
the
lapse
of
the
time
to
file
that
E.
Form
and
contents
of
decision
-
comply
with
the
memorandum.
Constitutional
mandate
EX:
If
the
court
requires
you
to
file
memorandum
within
State
the
facts
clearly
and
conclusions
of
law
30
days,
WHEN
THAT
30
DAYS
EXPIRE,
THAT
IS
THE
TIME
Explain
how
they
arrived
with
that
conclusion
THE
CASE
IS
DEEMED
SUBMITTED.
*CA
cannot
just
decide
it
in
1
sentence/
A
MINUTE
RESOUTIONS.
They
must
explain
everything.
Only
the
SC
In
original
actions
certiorari,
mandamus,
quo
can
dismiss
a
case
in
just
1
sentence.
warranto,
annulment
of
judgment
(WHY?
BECAUSE
ITS
THE
SUPREME
COURT!
THATS
o CA
may
hear
the
case
to
clarify
certain
WHY!)
factual
issues.
The
case
is
deemed
submitted
F.
If
several
Judgment
parties
(Partial
Judgment)
after
that
hearing
is
They
may
decide
in
favor
of
1/some
defendant/
terminated.
plaintiff
and
against
1/some
defendant/
plaintiff.
o after
the
submissions
of
the
memorandums
G.
Questions
that
may
be
decided:
18
JKB
Rm
405
Civil
Procedures
SY
2013-2014
1.
ONLY
those
errors
stated
in
the
assignment
of
o When
the
ponente
finish
the
decision,
errors
other
justices
will
sign
and
they
will
give
2.
Not
mentioned
but
those
closely
related
to
or
it
to
the
clerk
of
that
division
dependent
on
an
assigned
error
o The
Clerk
will
then
put
on
the
upper
3.
Plain
errors
and
clerical
errors
right
of
the
paper
Date
of
o Plain
error
to
pass
upon
issue
which
Promulgation
are
not
mentioned
in
the
assignment
of
Notice
clerk
will
record
that
decision
in
the
errors
but
which
are
VERY
APPARENT
book
of
judgment
that
a
clear
error
is
committed.
(Santos
o He
will
send
copies
of
the
decision
to
Case)
the
parties.
*Santos
Case
o Parties
will
have
15
days
to
appeal
Lot
owner
leased
his
land
to
a
tenant.
Latter
did
that
decision
in
a
Petition
for
Certiorari
not
pay
rentals
for
28
years.
Landlord
decided
to
file
to
the
SC
ejectment
case.
He
filed
it
in
the
MTC,
tenant
appealed
in
the
RTC.
RTC
affirmed
the
decision
of
MTC.
RTC
said
that
*If
no
appeal
is
filed
within
15
days,
the
judgment
he
does
not
have
right
to
stay,
however
the
landlord
becomes
final
must
reimburse
the
tenant
for
the
improvements
J.
Execution
of
Judgment
in
the
CA
introduced.
In
appealed
cases
it
shall
executed
by
the
court
If
you
remember
in
Property,
a
tenant
who
a
quo
builds
a
house
in
a
land
of
another
is
not
a
builder
in
good
o File
the
motion
for
execution
to
the
RTC
faith.
It
is
the
option
of
the
landowner
to
pay
of
the
o You
need
not
wait
for
the
transfer
for
value
of
the
improvement
OR
to
remove
that
record
from
CA
to
RTC
improvement.
THE
OPTION
IS
GIVEN
TO
THE
o Just
get
a
certified
true
copy
of
the
LANDOWNER.
decision
and
submit
it
to
the
RTC
then
Now
when
the
tenant
went
to
the
CA,
the
go
to
Rule
39
ejectment
is
granted
and
removed
the
reimbursement
In
original
action
the
CA
will
issue
the
writ
with
because
of
the
rule
in
Property.
the
entry
of
judgment
The
tenant
then
appealed
to
the
SC
(WTF
bagag
o CA
can
assign
sheriff
to
implement
the
nawng!
NEVER
SAY
DIE!).
That
the
CA
committed
error
in
decision
deciding
to
remove
the
reimbursement.
According
to
In
execution
pending
appeal
APPEALED
CASE
him,
it
was
not
assigned
as
an
error,
it
was
never
NI
HA
mentioned.
o DISCRETIONARY
APPEAL
file
this
in
SC
HELD:
The
error
is
PLAIN
ERROR.
Even
if
the
issue
of
the
RTC.
reimbursement
was
not
mentioned
in
the
assignment
of
error,
IT
WAS
CLEARLY
APPARENT
AND
PLAIN.
THE
CA
IS
*In
what
case
will
the
execution
be
filed
in
the
CA?
CORRECT.
If
the
RTC
is
delaying
the
issuance
of
motion
for
execution.
4.
Error
affecting
jurisdiction
over
the
subject
CA
will
NOT
issue
the
Writ
for
Execution
matter
or
the
validity
of
judgment
CA
will
just
issue
and
order
directing
the
RTC
to
issue
the
Writ
of
Execution.
-
IMPORTANT
H.
Harmless
errors
of
Lower
Court:
Will
not
be
disturbed
by
the
appellate
court.
Rule
52
MOTION
FOR
RECONSIDERATION
I.
Promulgation
and
Notice
of
Judgment
A.
When
to
File
Promulgation
refers
to
the
date
when
the
clerk
15
days
of
court
of
the
division
received
the
decision
of
the
justices
of
that
division
B.
No
second
motion
for
reconsideration
o When
a
case
is
decided
by
the
decision
ONLY
1
is
allowed
it
will
be
given
to
1
justice
(iya2
na
sla
o But
in
SC
NO
LIMIT
YOU
CAN
FILE
AS
para
sa
mga
decision
kay
daghan
man
MANY
AS
YOU
WANT
kaau)
o Ponente
the
one
who
will
write
the
C.
Resolution
of
motion:
decision.
Resolve
it
within
90
days
JKB
Rm
405
19
Civil
Procedures
SY
2013
-2014
EFFECT
of
motion
for
reconsideration:
Certiorari,
Prohibition,
Mandamus,
Quo
D.
Stay
of
execution
Warranto
&
Habeas
Corpus;
Pendency
of
motion
for
recon
shall
stay
the
Disciplinary
proceedings
against
Judges
and
execution
of
the
judgment
lawyers;
o unless
the
court,
for
good
reasons
shall
Cases
affecting
ambassadors,
other
public
otherwise
direct.
ministers
and
consuls
Rule
53
B.
Rules
applicable:
NEW
TRIAL
Original
actions
for
certiorari,
prohibition,
You
can
also
file
motion
for
New
Trial
IN
THE
CA.
mandamus
shall
be
governed
by
Rule
65
Rule
46,
48,
49,
50,
51
&
52
on
the
Court
of
A.
When
to
file:
Appeals
shall
also
apply
in
the
Supreme
Court
At
anytime
AFTER
the
appeal
from
the
lower
o 46
Original
actions
filed
before
the
CA
court
has
been
perfected
and
before
the
Court
of
o 48
Preliminary
Conference
Appeals
loses
jurisdiction
over
the
case
o 49
Oral
Argument
o 50
Appeal
B.
Grounds
o 51
Judgment
Newly
discovered
evidence
ONLY
o 52
Motion
for
Reconsideration
New
Trial
is
not
applicable
here
C.
Hearing
and
orders
18
copies
of
the
petition
shall
be
filed
in
the
There
must
be
a
hearing
Supreme
Court
Proceedings
for
disciplinary
action
against
D.
Resolution
of
motion
Judges
and
Lawyers
shall
be
governed
by
the
MUST
decide
the
case
within
90
days
Code
of
Judicial
Conduct
&
Rule
139-B
o Against
a
Judge
file
to
the
SC
E.
Procedure
in
new
trial
o Against
a
Lawyer
file
to
the
SC
Same
as
in
the
RTC
OR
to
the
IBP
it
will
just
recommend
to
the
SC
Rule
54
SC
always
has
the
final
say
INTERNAL
BUSINESS
A.
How
cases
are
distributed:
APPEALED
CASES
By
raffle
to
the
different
divisions
C.
Modes
of
Appeal
Decide
en
banc
or
in
division
Only
by
Petition
for
Review
on
Certiorari
under
Rule
45
B.
Quorum
of
the
Court
EXCEPTION:
Criminal
cases
where
the
penalty
Majority
if
en
banc
imposed
is
Death,
Reclusion
Perpetual
and
Life
Unanimous
if
in
division
Imprisonment
*99%
they
usually
decide
in
division.
o Death
Automatic
Appeal
o Reclusion
Perpetual
Ordinary
Appeal
Rule
55
notice
of
appeal
only
PUBLICATION
OF
JUDGMENTS
A.
Where
be
published:
D.
Procedure
Official
Gazette
Same
as
the
Court
of
Appeals
with
some
Court
of
Appeals
Report
exceptions
Philippine
Reports
*SCRA
is
not
an
official
publication
it
is
a
private
E.
Grounds
for
dismissal
of
appeal:
publication
Failure
to
take
appeal
within
the
reglementary
*Philippine
Reports
Annotated
the
official
publication
period
Lack
of
merit
in
the
petition
PROCEDURES
IN
THE
SUPREME
COURT
Failure
to
pay
docket
fees
etc
Rule
56
Failure
to
comply
with
requirements
on
proof
of
ORGINAL
CASES
service,
contents
and
documents
to
accompany
A.
Original
cases
cognizable:
the
petition;
20
JKB
Rm
405
Civil
Procedures
SY
2013-2014
JKB Rm 405 21