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41.
- Once the MNT is denied, appeal is the
- The PT files an ejectment suit against
remedy, appeal from the judgment
the D. The PT won. The D filed a
from the final order. However, a party
notice of appeal. Unfortunately, the
may, if the judgment is tainted with
court of origin, refused to give due
GAD, proceed with certiorari under
course to the appeal. The D filed a
rule 65.
petition for certiorari with the CA.
- Error of Judgment v. Error of
The writ of certiorari was granted.
Jurisdiction
The Plaintiff is now the aggrieved
o Appeal is the remedy –
party. He went to the CA, he utilized
judgment
rule 42. The CA dismissed the appeal
o Certiorari under rule 65 –
because he took the wrong mode. The
jurisdiction
case reached the SC. CA is correct.
- However, the common approach, the
The mode of appeal should be rule 41
counsel of the aggrieved party, will
because there was already a judgment
assign as an error in appeal the error
from the RTC. (Heirs of Garcia v.
of judgment.
Mun. of Zambales)
- Denial of the MR, there is no second
- When to appeal:
MR against a final order.
o 15 days
o Remedy - appeal from the
o MNT or MR is denied, the
judgment
appellant has a fresh period of
RULE 40: 15 days. (Neypes v. CA)
o Rodriguez v. People
- deals with appeal from MTC to RTC That the fresh period
- original jurisdiction of MTC rule does not apply to
- do not include small claims cases 42, 43, and 45 because
o Decision is final and not there is nothing to
appealable. extend, after all, the
o Only appealable if there is time frame was never
GAD. interrupted.
- The first rule is 3W: - Habeas corpus: 48 hours from date of
o What, where, and When judgment
- May there be an instance where the o From the RTC to CA
decision of the MTC is appealable to governed by Rule 48.
CA? - Writ of Amparo and habeas data: 5
o NO, doctrine of hierarchy of working days
courts. o Goes directly to the SC under
o However, when the MTC is Rule 45.
acting in delegated authority o Questions of fact or law or
involving cadastral and land BOTH.
registration cases, it may be - Record of appeal is the records of the
case, the appellant requires this. The
original records stays with the o By record of appeal: upon
original court. The appellate court approval of the record of
may have a basis for the judgment. appeal filed in due time.
- This only involves cases with o No hearing requirement
multiple cases. o That the appellant has
o Several judgments perfected the appeal within
o expropriation cases under rule the reglementary period.
67 - When the court loses jurisdiction over
o order of partition under rule the case:
69 o Notice of appeal: upon the
o recovery of property with perfection of the appeal AND
accounting the expiration of the time to
o Special proceedings appeal of the other parties.
o Judicial foreclosure of real o Record on appeal: upon
estate mortgage approval of the records on
The appeals: appeal filed in due time AND
judgment of the expiration of the time to
foreclosure appeal of the other parties.
itself - Residual powers of the court: Issue an
judgment order for protection and preservation
confirming the of the rights of the parties (Par. 5, Sec
foreclosure 9, rule 40)
sale o It is the exercise of its
deficiency jurisdiction even if it lost it as
judgment long as the records are not yet
- the moment there are multiple appeal, transmitted by the Clerk of
then you have the record of appeal. Court.
- Under Sec 9 of rule 41, over the o Which do not involve any
subject matter is important. matter litigated by the appeal
- Material dates to consider: o Approve compromises
o When you receive the notice o Permit appeals of indigent
o When did you file a MNT or litigants
MR o Order execution pending
o When the denial of the MNT appeal
or MR o Until the records are
o Purpose: to show the transmitted to the appellate
timeliness of the appeal. court.
- Perfection of appeal: in relation to - First scenario: MTC dismisses the
perfection of appeals, sec 9 of rule 41. case without trial on the merits
o By notice of appeal on the o May go to the RTC by filing
subject matter: upon the filing of a notice of appeal
of within due time o RTC will either affirm or
reversed
Reversed: Remand the The rule has
Case to the original been relaxed
court for further by the SC.
proceeding. ALLOWED in
Affirm: the RTC will the interest of
decide the case on the justice.
merits. Cu-unjieng v. CA
Remedy: Rule
41 for RTC
decided the
case as it had
original
jurisdiction.