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1. Appeal may be taken from a judgment or final order that completely disposes of the case or of a particular matter therein. 2. No appeal may be taken from: 1. Order denying a motion for new trial or recon; 2. Order denying a petition for relief or any similar motion seeking relief from judgment; 3. Interlocutory order; 4. Order disallowing or dismissing an appeal; 5. Order denying a motion to set aside a judgment by consent, confession, compromise on the ground of fraud, mistake, or duress, or any other ground vitiating consent; 6. Order of execution;
Not appealable because execution is only the result of the judgment. If order of execution is not in accord with the dispositive portion, remedy is certiorari under Rule 65.
7. Judgment or final order for or against one or more of several parties or in separate claims, while the main case is pending, unless the court allows an appeal therefrom; 8. Order dismissing an action without prejudice;
In all these cases, aggrieved party may file an appropriate civil action under Rule 65.
1. Ordinary appeal from RTC (in the exercise of original jurisdiction) to CA is by filing notice of appeal with the RTC within 15 days from notice of its judgment. Record on appeal required only for special proceedings and where multiple appeals allowed filed within 30 days. 2. Motion for extension of time to file a motion for new trial or reconsideration is prohibited. 3. Contents of Notice on appeal: 1. Names of the parties to the appeal; 2. Specify judgment or final order or part thereof appealed from; 3. Court to which the appeal is being taken; 4. Material dates showing timeliness of appeal;
7. Appeal from decision of RTC in appellate jurisdiction is by petition for review filed with CA. 8. Where only questions of law are raised, by petition for review on certiorari with SC. 9. Notice of Appeal and Record of Appeal distinguished:
Notice of Appeal Partys appeal by notice of appeal deemed perfected as to him upon the filing of the notice of appeal in due time
Record of Appeal Deemed perfected as to appellant with respect to the subject matter upon the approval of the record on appeal filed in due time Court loses jurisdiction only over subject matter upon approval of records on appeal filed in due time and expiration of the time to appeal of other parties.
Court loses jurisdiction over case upon perfection of the appeals filed in due time and expiration of time to appeal of other parties
10. Failure to pay appellate docket fees within the reglamentary period is ground for dismissal of appeal. 11. General Rule: An ordinary appeal stays the execution of a judgment Exceptions: a. Decisions of quasi-judicial body appealed to the CA
b. Executions pending appeal c. Cases covered by Summary Procedure Rule 42 Petition for Review from the RTC to the CA
1. 1. Form and contents of petition for review (from RTC to CA)
In 7 legible copies:
1. Full names of parties to case, without impleading the lower courts or judges thereof; 2. Indicate specific material dates showing it was filed on time; 3. Concise statement of matters involved, issues raised, specification of errors of fact or law, or both allegedly committed by the RTC, and the reasons or arguments relied upon for the allowance of the appeal; 4. Accompanied by clearly legible duplicate originals or true copies of the judgments or final order of both MTC and RTC; 5. Certification under oath of non-forum shopping. 1. 2. Contents of comment
In 7 legible copies, accompanied by certified true copies of material portions of record and other supporting papers:
1. State whether or not appellee accepts the statement of matters involved in the petition; 2. Point out such insufficiencies or inaccuracies as he believes exists in petitioners statement of matters;
3. CA may:
1. 2. 1. 2. 3. Require respondent to file a comment; or Dismiss the petition if it finds: Patently without merit Prosecuted manifestly for delay Questions raised are to insubstantial to require consideration
St. Martins Funeral Home vs. NLRC DECISIONS OF THE NLRC ORIGINAL ACTION FOR CERTIORARI UNDER RULE 65 FILED WITH THE CA, NOT SC Fabian vs. Desierto Appeals from decisions of the Office of the Ombudsman in administrative disciplinary cases should be taken to the CA under Rule 43. According to A.M. no. 99-2-02-SC (promulgated February 9, 1999), any appeal by way of petition for review from a decision, final resolution or order of the Ombudsman, or special civil action relative to such decision, filed with the SC after March 15, 1999 shall no longer be referred to the CA, but shall be dismissed.
Rule 45 Appeal by Certiorari to the Supreme Court 1. Question of Law exists when doubt or difference arises as to what the law is, based on a certain state of facts Question of Fact exists when doubt or difference arises as to the truth or the falsehood of alleged facts 2. Findings of fact of the CA may be reviewed by the SC on appeal by certiorari when:
1. 2. 3. 4. 5. 6. The conclusion is a finding grounded entirely on speculations, surmises, or conjectures; The inference made is manifestly mistaken, absurd, or impossible; There is grave abuse of discretion; The judgment is based on misapprehension of facts; Findings of fact of trial court and CA are conflicting; The CA, in making its findings, went beyond the issues of the case and the same is contrary to the admissions made; 7. CA manifestly overlooked certain relevant facts not disputed by the parties and which, if properly considered, would justify a different conclusion.
3. Certiorari as mode of appeal: From judgment or final order of the CA, Sandiganbayan, RTC on pure questions of law, or other courts whenever authorized by law, by filing a petition for review on certiorari with the SC within 15 days from notice of judgment. 4. Rule 45 and Rule 65 distinguished:
Rule 45 No need for Motion for Recon Relates to final judgments An appeal 15 days from notice of judgment Rule 65 Motion for Recon generally required Applies to interlocutory orders rendered in excess/lack of jurisdiction Not an appeal in the strict sense 60 days from notice of judgment
Kho vs. Camacho: An RTC judge has no right to disapprove a notice of appeal on the ground that the issues raised involve a pure question of law, and that the mode of appeal is erroneous. That is the prerogative of the CA, not the RTC judge. A notice of appeal need not be approved by the judge, unlike a record on appeal. Rule 47 Annulment of Judgments or Final Orders and Resolutions
1. Grounds for annulment of judgment of RTC in civil cases:
1. Petition for annulment available only if ordinary remedies of new trial, appeal, petition for relief or other appropriate remedies no longer available through no fault of the Petitioner. 1. Extrinsic fraud not available as a ground if availed of earlier in a motion for new trial or petition for relief 2. Lack of jurisdiction.
3. Periods:
1. For extrinsic fraud four years from discovery; 2. Lack of jurisdiction must be filed before action barred by laches.
4. Effects of judgment of annulment gives the CA authority to order the trial court on motion to try the case if the ground for annulment is extrinsic fraud, but not if it is lack of jurisdiction. Prescriptive period for refiling the original action is suspended unless the extrinsic fraud is attributable to the plaintiff in the original action. Rule 50 Dismissal of Appeal
1. 1. Grounds for dismissal of appeal by the CA: 1. Failure of the record on appeal to show on its face that the appeal was taken within the reglamentary period; 2. Failure to file the notice of appeal or record on appeal within the period; 3. Failure of the appellant to pay the docket and other lawful fees; 4. Unauthorized alterations, omissions, or additions in the approved record on appeal; 5. Failure of the appellant to serve and file the required number of copies of his brief or memorandum within the time provided; 6. Absence of specific assignment of errors in appellants brief or page references to the record; 7. Failure of the appellant to take necessary steps for the completion or correction of the record within the time limited by the order; 8. Failure of appellant to appear at the preliminary conference or to comply with orders, circulars, or directives of the court without justifiable cause 9. Judgment or order appealed from is not appealable.