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Marce Encarnacion and Miguel Manzo
Appellate Practice
Atty. Genilo (2nd sem; A.Y. 2018-2019)
APPELLATE PRACTICE REVIEWER
(Midterms)
RULE 37
Motion for Reconsideration and New Trial
Period to File: within period to take appeal
Rule 37, Section 1 of the 1997 Rules of Civil Procedure clearly
provides that a motion for new trial should be made “within the period
for taking an appeal.” Instead, what the record shows is that
petitioners, in effect, only asked for a new trial after the appellate court
had rendered its decision on appeal. Such a situation is definitely not
permissible under the Rules. It is well accepted that a motion for new
trial based on newly discovered evidence may indeed be filed after
judgment, but within the period for perfecting an appeal. 1
No motion for extension of time to file a motion for new trial or
reconsideration may be filed in the Metropolitan and Municipal Courts,
RTC’s and the I.A.C., except in cases pending in the Supreme Court.
Such a motion may be filed only in cases pending with the Supreme
Court as the court of last resort, which may in its sound discretion
either grant or deny the extension requested. 2
Grounds for MNT: 3 one or more of the following causes materially
affecting the substantial rights of said party
1. FAME - Fraud, accident, mistake or excusable negligence
which ordinary prudence could not have guarded against
and by reason of which such aggrieved party has probably
been impaired in his rights; or
a. Must be proved and may be rebutted by affidavits
of merits 4
2. Newly discovered evidence, which he could not, with
reasonable diligence, have discovered and produced at the
trial, and which if presented would probably alter the result.
a. Must be proved by: 5
i. affidavits of the witnesses by whom
such evidence is expected to be given,
or
ii. duly authenticated documents which
are proposed to be introduced in
evidence
Failure to indicate the facts and circumstances which allegedly
constitute fraud as a ground for one’s MNT makes said motion pro
forma, and being pro forma, does not interrupt the running of the period
to appeal. An Order of Default is an interlocutory order which is not
1 Alfarero v. Sevilla
2 Halabuyas Enterprises Inc. v. Japson
3 Sec. 1
4 Sec. 2
5 Sec. 2
6 Meralco v. La Campana Food Products
appealable. What is appealed is a Judgement of Default, which is a
final disposition of the case. 6
The failure of counsel for petitioners to attend the trial for lack of
advance notice on him constitutes an “accident” within the meaning of
Section 1, Rule 37 of the (old or revised) Rules of Court which, in turn,
is a proper and valid ground, to grant a new trial. 7
The mistake referred to as a ground for new trial refers to one which
ordinary prudence could not have guarded against. Here, the mistake
committed by petitioner is a mistake of law, or as he puts it, an “honest
mistake”. Petitioner’s mistake does not qualify as a ground for new
trial. 8
In view of the evidence showing a compromise between the parties, it
was natural and logical that the plaintiff herein believed that the action
brought against him by the defendant had been ended by the aforesaid
compromise and that he was thus relieved from the duty of filing his
answer. Such belief being excusable and having prevented the plaintiff
herein from making a defense that would have been good and
efficacious, this case comes within the provisions of section 513 of the
Code of Civil Procedure, and the judgment by default must be set
aside and a new trial ordered. 9
REQs. New Trial Based on Newly Discovered Evidence 10
Proof that:
1. the evidence was discovered after the trial;
2. such evidence could not have been discovered and
produced at the trial with reasonable diligence;
3. it is material, not merely cumulative, corroborative or
impeaching; and
4. it is of such weight that, if admitted, will probably change the
judgment.
This does not mean however, that petitioner is altogether barred from
having a new trial. As pointed out by Judge Acosta, the reasons put
forth by petitioner could fall under mistake or excusable negligence.
The “mistake” that is allowable in Rule 37 is one which ordinary
prudence could not have guarded against. Negligence to be
“excusable” must also be one which ordinary diligence and prudence
could not have guarded against and by reason of which the rights of
an aggrieved party have probably been impaired. The test of
excusable negligence is whether a party has acted with ordinary
prudence while transacting important business. 11
7 Soloria v. De La Cruz
8 Viking International Corp v. CA
9 Salazar v. Salazar
10 Philippine Phospate Fertilizer Corp. v CIR
11 Id.

Marce Encarnacion and Miguel Manzo
Appellate Practice
Atty. Genilo (2nd sem; A.Y. 2018-2019)
In order that a particular piece of evidence may be regarded as “newly
discovered” for purposes of granting a new trial, it is essential to show
that the offering party exercised reasonable diligence in seeking to
locate such evidence before or during trial but had nonetheless failed
to secure it. 12
Grounds for MR: 13 must specifically point out findings/conclusions of
judgment or final order unsupported by evidence or which are contrary
to law and expressly refer to evidence/law alleged to be contrary to
such findings or conclusions 14
1. Damages awarded are excessive
2. Evidence is insufficient to justify the decision or final order
3. Decision or final order is contrary to law
There is a difference between an amended judgment and a
supplemental judgment. In an amended and clarified judgment, the
lower court makes a thorough study of the original judgment and
renders the amended and clarified judgment only after considering all
the factual and legal issues. The amended and clarified decision is
an entirely new decision which supersedes the original decision. In
the instant case, no restudy was made by respondent court of the
original decision but only on the issues raised in the supplemental
complaint. The supplemental decision cannot stand alone as a
judgment on the merits as there was no declaration of the respective
rights and duties of the parties. 15
Form and Contents 16
1. In writing
2. Stating the ground/s
3. Written notice served by the movant on the adverse party
(notice of hearing ESSENTIAL)
The allegations contained in an affidavit of merit required to be
attached to a motion to lift an order of default or for a new trial need
not be embodied in a separate document but may be incorporated in
the petition itself. 17
The requirement of notice under Sections 4 and 5, Rule 15 in
connection with Section 2, Rule 37 of the Revised Rules of Court is
mandatory. The absence of a notice of hearing is fatal and, in cases
of motions to reconsider a decision, the running of the period to appeal
is not tolled by their filing or pendency. A motion for reconsideration
fatally defective for lack of notice of hearing cannot be cured by a
belated filing of a notice of hearing. 18
12 Bernaldez v. Francia
13 Sec. 1
14 Sec. 2
15 Esquivel v. Alegre
16 Sec. 2
17 Capus v. CA
18 National Commercial Bank of Saudi Arabia v. CA
19 Id.
20 Security Bank and Trust Co. v. Cuenca
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Pro forma motion: does not toll the reglementary period of appeal 19
MR not pro forma BUT Cuenca released from liability. Mere rehashing
arguments already passed upon by lower courts does not, on its
own, make an MR “pro forma”. A pro forma motion must have no
other purpose than to gain time and to delay or impede the
proceedings. [Cuenca, as President and Chairman of SIMC, solidarily
bound himself with the corp. to secure a loan. SIMC extended and
continued to use credit line even after Cuenca resigned. SIMC
defaulted. Security Bank wants to hold Cuenca solidarily liable. RTC
ruled in favor of SBTC; CA reversed and ruled in favor of Cuenca.
SBTC filed MR containing same arguments. Cuenca challenges MR
as pro forma.] 20
Court’s Action on MR/MNT 21 - must be resolved w/in 30 days from
submission 22
1. Set aside judgment/final order and grant a new trial, upon
terms it may deem just
2. Deny motion
3. If excessive damages/contrary to law – amend accordingly
GR: 1st MNT filing must include all grounds then available. Those not
included are deemed waived. 23
XPN: 2nd MNT based on a ground not existing nor available when the
first motion was made, may be filed within the time herein provided
excluding the time during which the first motion had been pending. 24
No 2nd MR allowed. 25
Effect of Granting MNT - original judgment or final order shall be
vacated > trial de novo 26
 Recorded evidence taken upon the former trial, insofar as
the same is material and competent to establish the issues,
shall be used at the new trial without retaking the same.
Partial new trial or reconsideration 27 — If the grounds appear to the
court to affect the issues as to only a part of the matter in controversy
or less than all of the parties, the court may order a new trial or grant
reconsideration as to such issues if severable, without interfering with
the judgment or final order upon the rest
 Effect of order for partial new trial 28 — Court may either:
o enter a judgment or final order as to the rest, or
21 Sec. 3
22 Sec. 4
23 Sec. 5
24 Id.
25 Id.
26 Sec. 6
27 Sec. 7
28 Sec. 8
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Marce Encarnacion and Miguel Manzo
Appellate Practice
Atty. Genilo (2nd sem; A.Y. 2018-2019)

o stay the enforcement of such judgment or final 9. Dilatory motions for 10. Memorandum
order until after the new trial postponement; ;
10. Reply; 11. Motion for
Remedy against order denying a MNT/MR 29 — Appeal from the 11. Third party complaints; reconsideratio
judgment or final order (not the denial of the motion itself) 12. Interventions n of
interlocutory
Technicalities should not be resorted to in derogation of the intent of orders or
interim relief
the rules, which is the proper and just determination of controversies.
orders; and
Every party-litigant should be afforded the amplest opportunity for the
12. Petition for
proper and just disposition of his cause free from undue constraints of certiorari,
technicalities. 30 mandamus or
prohibition
Petition filed on time; Gagui not solidarily liable with Agency. Petitioner
against any
has fresh period of 15 days from date of actual receipt of resolution
interlocutory
denying an MR to file an appeal (Neypes Rule). Subsequently order
impleading a person for the first time for purposes of executing a
judgment is tantamount to modifying a final and executory decision;
not allowed (Doctrine of immutability of judgments). 31
Small Claims
Comparison of Prohibited Pleadings
GR: Personal Appearance
Summary Procedure 32 Rule on the Writ of
Amparo and Habeas XPN: Valid cause
Data33
1. MD/quash the complaint or 1. MD;  Individual-party: Representative must not be a lawyer, and
information; 2. Motion for must be related to or next-of-kin of the individual-party.
a. XPNs: extension of  Juridical entities: Not a lawyer in any capacity; must be
i. lack of time to file authorized under a SPA to enter into:
jurisdicti return, o An amicable settlement of the dispute
on over opposition, o Stipulations or admissions of facts and of
the affidavit, documentary exhibits
subject position paper
matter and other Decision 34 – Render decision within 24hrs from termination of hearing
ii. failure to pleadings;
comply 3. Dilatory  Immediately entered by the Clerk of Court in the court docket
with the motion for for civil cases and a copy served on the parties.
precedin postponement  Final, executory and unappealable.
g section ;
2. Motion for a bill of particulars; 4. Motion for a Environmental Cases
3. MNT/MR/for opening of trial bill of
4. Petition for relief from particulars; Pleadings and motions allowed 35
judgment; 5. Counterclaim 1. Complaint
5. Motion for extension of time or cross-
2. Answer which may include:
to file pleadings, affidavits or claim;
a. compulsory counterclaim
any other 6. Third-party
6. Memoranda; complaint; b. cross-claim
7. Petition for certiorari, 7. Reply; 3. Motion for intervention
mandamus, mandamus, or 8. Motion to 4. Motion for discovery
prohibition against any declare 5. MR of the judgment
interlocutory order issued by respondent in 6. For highly meritorious cases/prevent miscarriage of justice:
the court default; a. Motion for postponement
8. Motion to declare the 9. Intervention; b. MNT
defendant in default;

29 Sec. 9 33 Sec. 11, Writ of Amparo and Sec. 13, Habeas Data
30 Dulos Realty and Development v. CA 34 Sec. 24, Small Claims
31 Gagui v. Dejero 35 Sec. 1, Environmental Cases
32 Sec. 19
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Marce Encarnacion and Miguel Manzo
Appellate Practice
Atty. Genilo (2nd sem; A.Y. 2018-2019)

c. Petition for relief from judgment  Notice of Appeal (NOA)– 15 days after notice to appellant of
judgment/final order appealed 42
RULE 40 o File with court that rendered judgment 43
(MTC to RTC) o Indicate: 44
 Parties
 Judgment/part thereof appealed
Nature of Right to Appeal  Material dates showing timeliness of
appeal
The right of appeal from the decisions of a court, tribunal, or board is o Pay full fees to clerk of court which rendered the
a purely statutory right; it is not an inherent right. The right to appeal judgment 45
 Proof of payment transmitted with
was not at common law, and is not now, a necessary element of due
records/ROA
process of law. 36
o Deemed perfected upon timely filing of NOA 46
An appeal to a higher court, being merely a statutory right and not  Record on Appeal (ROA)– 30 days (file both NOA and ROA)
47
ordinarily a necessary part of due process, may only be taken when
the law so provides. The parties cannot, even by mutual agreement, o SPECPRO or cases of multiple/separate appeals
o Form 48
confer such right when the same does not exist by statutory authority.
o Pay full fees to clerk of court which rendered the
Decision of CFI in election protests for city vice-mayor are final and not judgment 49
appealable; but direct appeal to SC is permissible if the only issues  Proof of payment transmitted with
involved are pure questions of law. 37 records/ROA
o Deemed perfected as to particular subject matter
A statute that eliminates the right to appeal and considers the
upon approval of ROA filed in due time 50
judgment rendered final and unappealable only destroys the right to
appeal, but not the right to prosecute an appeal that has been
NOTE: Copies of NOA/ROA shall be served on adverse party when
perfected prior to its passage, for, at that stage, the right to appeal has
required
already vested and cannot be impaired. 38

Glaring is the ambivalent, if not irresolute, posture taken by the
petitioners by categorizing this petition to be “both under Rule 65 and
Rule 45, Rules of Court” in an attempt, apparently, to evade the
dismissal of the petition based on a wrong mode of appeal. The court
cannot tolerate this practice much less the seeming ignorance of the
law on appeals. This petition cannot be subsumed simultaneously
under Rule 45 and Rule 65 of the Rules of Court, and neither may
petitioners delegate upon the court the task of determining under
which rule the petition should fall. Wrong or inappropriate mode of
appeals, as in this case, merits an outright dismissal. 39
Where to Appeal: MTC to RTC exercising jurisdiction over the area
to which the former pertains 40
 Same case title, designate party appealing (appellant) and
adverse party (appellee)
When and How to Appeal: 41
Interruption of Period: Timely MR/MNT 51
 No motion for extension of time to file MR/MNT allowed
Perfection of appeal and its effect 52
NOA – upon timely filing of NOA, appeal is deemed perfected as to
appellant
ROA – upon approval of ROA that was filed on time, appeal is deemed
perfected as to the SM of the appeal
The perfection of an appeal in the manner and within the period
prescribed by law is not only mandatory but jurisdictional, and failure
to perfect an appeal has the effect of rendering the judgment final and
executory. Public policy and sound practice demand that judgments of
courts should become final and irrevocable at some definite date fixed
by law. 53

36 US v. Gomez Jesus 45 Sec. 5

37 Gonzales v. CA 46 Sec. 9, Rule 41
38 Eastern Mediterranean Maritime v. Surio 47 Sec. 2
39 Ybañez vs. Court of Appeals 48 Sec. 6, Rule 41
40 Sec. 1 49 Sec. 5
41 Sec. 2 50 Sec. 9, Rule 41
42 Id. 51 Id.
43 Sec. 3 52 Sec. 4, Rule 40 and Sec. 9, Rule 41
44 Id. 53 Almeda vs. Court of Appeals

Marce Encarnacion and Miguel Manzo
Appellate Practice
Atty. Genilo (2nd sem; A.Y. 2018-2019)
Duty of the clerk of court 54 —
 Transmit original record/ROA to proper RTC w/in 15 days
from the perfection of the appeal, together with the
transcripts and exhibits
 Certify records as complete
 Furnish copy of his letter of transmittal of the records to the
parties
Procedure in the RTC 55
1. Clerk of RTC shall notify parties of receipt of complete
record/ROA
2. Appellant must submit memorandum within 15 days from
such notice briefly discussing the errors imputed to the lower
court
a. Furnish copy of to the adverse party
b. Failure to submit memorandum = ground for
dismissal
3. Appellee may file his memorandum within 15 days from
receipt of appellant’s memorandum
4. Court shall consider case submitted for decision upon #3 or
expiration of period therefor
a. Decide on the basis of the entire record of the
lower court proceedings and such memoranda as
are filed
Appeal from MTC’s Order Dismissing due to Lack of Jurisdiction
over SM (without Trial on the Merits) 56
 If dismissal affirmed and RTC has jurisdiction - try the case
on the merits as if the case was originally filed with it.
o If tried on the merits by MTC without jurisdiction
over SM – RTC shall decide as if originally filed
with it, without prejudice to the admission of
amended pleadings and additional evidence in the
interest of justice
 If reversed – remand to MTC for further proceedings
NOTE: Other provisions of Rule 41 shall apply to appeals provided for
herein insofar as they are not inconsistent with or may serve to
supplement the provisions of this Rule 57
What Can Be Raised on Appeal
GR: As a rule, a change of theory cannot be allowed.
XPN: When the factual bases thereof would not require presentation
of any further evidence by the adverse party in order to enable it to
properly meet the issue raised in the new theory, as in this case, the
54 Sec. 6
55 Sec. 7
56 Sec. 8
57 Sec. 9
58 Bote vs. Veloso
59 Philippine National Bank vs. Perez
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Court may give due course to the petition and resolve the principal
issues raised therein. 58
It is settled that matters not raised in the trial court or lower courts
cannot be raised for the first time on appeal. “They must be raised
seasonably in the proceedings before the lower courts. Questions
raised on appeal must be within the issues framed by the parties;
consequently, issues not raised before the trial court cannot be raised
for the first time on appeal.” 59
Effect of Appeal on Other Non-Appealing Parties
It is a well-settled procedural rule in this jurisdiction that an appellee
who has not himself appealed cannot obtain from the appellate
court any affirmative relief other than those granted in the
decision of the court below. The appellee can only advance any
argument that he may deem necessary to defeat the appellant’s claim
or to uphold the decision that is being disputed. He can assign errors
on appeal if such is required to strengthen the views expressed by the
court a quo. Such assigned errors, in turn, may be considered by the
appellate court solely to maintain the appealed decision on other
grounds, but not for the purpose of modifying the judgment in the
appellee’s favor and giving him other affirmative reliefs.60
When the obligation of the other solidary debtors is so dependent on
that of their co-solidary debtor, the release of the one who appealed,
provided it be not on grounds personal to such appealing private
respondent, operates as well as to the others who did not appeal. It is
for this reason, that a decision or judgment in favor of the private
respondent who appealed can be invoked as res judicata by the other
private respondents. 61
RULES 41, 44 and 50
RTC to CA
RULE 41
Appeal from the Regional Trial Courts
Subject of appeal - judgment or final order that completely disposes
of the case, or a particular matter therein when declared by these
Rules to be appealable 62
 Final Judgment/Order: one that decides finally the rights of
the parties upon the issue submitted, specifically denying or
granting the remedy sought by the action. 63
 Test: Does it leave something to be done in the trial court
with respect to the merits of the case? If yes, it is
interlocutory. If not, it is final. 64
60 SMI Fish Industries, Inc. vs. NLRC
61 Universal Motors Corporation vs. Court of Appeals
62 Sec. 1
63 Miranda v. CA
64 Id.

Marce Encarnacion and Miguel Manzo
Appellate Practice
Atty. Genilo (2nd sem; A.Y. 2018-2019)
 Judgments for recovery with accounting are final and
appealable (without need of awaiting accounting) and would
become final and executory if not appealed within the
reglementary period. In actions involving the rendition of
accounting, an appeal may be taken from the judgment
ordering the accounting and directing that during the
pendency of the appeal or even before the appeal is taken,
the rendition of the accounting shall not be stayed, unless
otherwise ordered by the trial court. 65
 A judge who succeeds another does not assume reviewing
and appellate authority over his predecessor’s judgment on
the merits, including the credibility of the witnesses. Upon
the remand, the respondent judge was only authorized to
stay enforcement until accounting has been rendered, or
prescribe such conditions to secure the benefit of the
judgment. But the Rules grant him no authority to review,
revise, amend, alter, or reverse the original judgment on the
merits ordering the delivery of the properties while awaiting
accounting. The only remaining authority he had was to
enforce, consider, and act on the accounting ordered in the
original decision for the completion of the relief therein
granted. 66
 A prospective intervenor’s right to appeal applies only to the
denial of his intervention. He has not standing to question
the decision. Thus, if a party only joins in the prospective
intervenor’s appeal and interposes no appeal of his own, no
valid appeal has been perfect unto him. 67
 A several judgment is proper only when the liability of each
party is clearly separable and distinct from that of his co-
parties, such that they could have been subjects of separate
suits. It is not proper when there is a common cause of
action, such as when they are sought to be made liable as
solidary debtors. Thus, only the final judgment that
completely disposes of all the issues is the reckoning point
for the appellate period. A partial judgment must only be
appealed together with the final judgment. 68
 The period should be reckoned from the receipt of the
counsel of record. Notice to the client or any other lawyer is
not notice in law, unless the court specifically orders service
to the client. 69
Orders Not Appealable (Proper Remedy = Rule 65 Certiorari): 70
1. An order denying a motion for new trial or reconsideration;
2. An order denying a petition for relief or any similar motion
seeking relief from judgment;
3. An interlocutory order;
4. An order disallowing or dismissing an appeal;
65 Id.
66 Id.
67 Foster-Gallego v. Sps. Galang
68 De Leon v. CA
69 Id.
70 Sec. 1
71 Sec. 2
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5. An order denying a motion to set aside a judgment by
consent, confession or compromise on the ground of fraud,
mistake or duress, or any other ground vitiating consent;
6. An order of execution;
7. A judgment or final order for or against one or more of
several parties or in separate claims, counterclaims, cross-
claims and third-party complaints, while the main case is
pending, unless the court allows an appeal therefrom; and
8. An order dismissing an action without prejudice.
Modes of appeal 71
1. Ordinary appeal — see Rules under Rule 44
a. RTC (original jurisdiction) to CA – NOA filed with
RTC with service to appellee (15 days from notice)
b. GR: No ROA
i. XPNs: special proceedings and other
cases of multiple or separate appeals
where law on these Rules so require
1. Filed with RTC and served on
appellee (30 days from
notice)
c. Title remains the same (indicate appellant and
appellee) 72
d. Counsel and guardians ad litem of the parties in
the court of remains the same 73
i. When others appear or are appointed,
notice shall be served immediately on
the adverse party and filed with the court
2. Petition for review — RTC (appellate jurisdiction) to CA
[Rule 42]
3. Appeal by certiorari — only questions of law involved
a. Appeal to SC by petition for review on certiorari in
accordance with the Rule 45.
b. Determination of whether an appeal involves
purely questions of law is within the exclusive
jurisdiction of the appellate court 74
c. The issue as to the jurisdiction of the lower court
over the subject matter is a question of law. If this
is the only issue, then the appeal is only involves
pure questions of law. 75
d. All controversies on the implementation of the
CARP fall under the jurisdiction of the DAR. Even
if the appeal only involves pure questions of law,
it should be filed with the CA, not the SC. 76
Questions that may be raised on appeal 77 - any question of law or
fact that has been raised in the court below that is within the issues
framed by the parties (whether or not he filed MNT)
72 Sec. 1, R44
73 Sec. 2, R44
74 Kho v. Camacho
75 Sevilleno v. Carilo
76 Tan v. Link
77 Sec. 15, R 44
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Marce Encarnacion and Miguel Manzo
Appellate Practice
Atty. Genilo (2nd sem; A.Y. 2018-2019)

Period of ordinary appeal 78 14. Exercise of sound discretion by the judge, guided by
the attendant circumstances
1. NOA -15 days from notice to appellant
2. ROA – 30 days from notice to appellant  To invoke an exception, there must be adequate explanation
3. Interrupted by timely MR/MNT for the failure to strictly comply with the Rules. The burden
a. No motion for extension of time to file MR/MNT of proof lies with the party alleging it. 84
allowed
Notice of appeal 85. — RTC (orig.) to CA
An appeal is a statutory right, subject to the law and rules of procedure.
Perfection within the reglementary period is mandatory and  Parties
jurisdictional. Failure to interpose a timely appeal renders the assailed  Judgment or final order or part appealed
judgment/order final and executory. 79
 Court to which the appeal is being taken
 Material dates showing timeliness
Appellate court docket and other lawful fees 80
NOTE: A Notice of Appeal does not require court approval. Only a
 Pay to clerk of court which rendered judgment within the Record on Appeal and the appeal bond may be
period for taking an appeal approved/disapproved. 86
o Full amount of the appellate court docket and
other lawful fees
Record on Appeal (form and contents) 87.
o Proof of payment transmitted to the appellate
court together with the original record/ROA
 An appeal is not perfect by mere payment of appellate fees. 1. Caption - full names of parties
A NOA is deemed perfected as to him upon the filing of the 2. Judgment or final order from which the appeal is taken
NOA in due time. Regardless of payment, a late appeal 3. Copies of only related pleadings, petitions, motions and all
cannot be perfected. 81 interlocutory orders for the proper understanding of the issue
involved (chronological order)
 GR: Failure to pay docket and other lawful fees within the
4. Data showing timeliness
prescribed period is a ground for dismissal of the appeal. It
5. Issue of fact raised - include by reference all the evidence
is a requirement in filing an ordinary appeal from the RTC. It
taken upon the issue involved
is mandatory and jurisdictional. 82
a. Documentary evidence - exhibit numbers or letters
 XPNs: 83
by which it was identified when admitted or offered
at the hearing
1. Exceptionally meritorious reason for late payment b. Testimonial evidence - names of the witnesses.
2. Most persuasive and weighty reasons c. Whole testimonial and documentary evidence
3. To relieve a litigant from an injustice not commensurate included - statement to that effect sufficient
with non-compliance 6. If exceeding 20 pages – subject index
4. Good faith by immediately paying within a reasonable
time from the time of the default
NOTE: Joint ROA may be submitted if both parties are appellants 88
5. Special or compelling circumstances
6. Merits of the case
7. Cause not entirely attributable to the fault or negligence  Within time that may be specified by court or, if none, within
of the party favored by the suspension of the Rules the same 30-day period
8. Lack of any showing that the review sought is merely
frivolous and dilatory Action that RTC may Take on ROA 89 (upon filing and if appellee
9. Other party will not be unjustly prejudiced makes no objection within 5 days from receipt)
10. FAME, without the party’s fault
11. Peculiar legal and equitable circumstances attendant to 1. Approve
each case 2. Order amendment of ROA
12. Substantial justice and fair play a. Motu proprio or motion of appellee
13. Importance of the issue involved

78 Sec. 3 84 Id.
79 Foster-Gallego v. Sps. Galang 85 Sec. 5
80 Sec. 4 86 Kho v. Camacho
81 Eda v. CA 87 Sec. 6
82 Tan v. Link 88 Sec. 8
83 Id. 89 Sec. 7

Marce Encarnacion and Miguel Manzo
Appellate Practice
Atty. Genilo (2nd sem; A.Y. 2018-2019)
b. Inclusion of any omitted matters which are
deemed essential to the determination of the issue
of law or fact involved in the appeal
c. Appellant shall redraft by including additional
matters court directs him to incorporate
(chronological order)
i. Either:
1. Within time specified in order
2. Any extension of time that
may be granted
3. If not time fixed in Order,
within 10 days from receipt
thereof
d. Submit redrafted ROA in the same way as the
original draft
i. Must notify appellee
Perfection of Appeal (same with Rule 40) 90
 NOA – upon timely filing
o Court loses jurisdiction upon:
 timely filing of NOA; and
 expiration of time to appeal of other
parties
 ROA – deemed perfected as to SM of ROA upon approval
of ROA filed in due time
o Court loses jurisdiction only as to the SM of ROA
upon:
 Approval of ROA; and
 Expiration of time to appeal of other
parties
 XPNs as to Loss of Jurisdiction – court may:
o Issue orders for protection and preservation of the
rights of the parties which do not involve any
matter litigated by the appeal
o approve compromises
o permit appeals of indigent litigants
o order execution pending appeal in accordance
with 2 of Rule 39
o allow withdrawal of the appeal.
GR: Requirements for perfecting an appeal within the reglementary
period must be strictly followed, as it is merely a statutory privilege.
The perfection within the period and in the manner prescribed by law
is mandatory and jurisdictional. 91
 In cases where there are multiple parties, the proper
reglementary period is dependent on the date each party
received the final judgment/order. Thus, each party has a
different period within which to appeal. The timely filing of a
90 Sec. 9
91 Franco-Cruz v. CA
92 Eda v. CA
93 Sec. 10
Page |8
MR by one party does not toll or interrupt the other party’s
period of appeal.
XPN: Exceptionally meritorious circumstances (to be proven by the
party alleging it) 92
Duty of Clerk of Court upon Perfection 93— Within 30 days after
perfection:
1. To verify the completeness and correctness of the original
record/ROA, as the case may be;
a. If found to be incomplete, to take such measures
as may be required to complete the records
b. If efforts to complete fail - indicate in letter of
transmittal:
i. Those not included
ii. Reasons for non-transmittal
iii. Steps taken or could be taken to have
them available
c. CA Clerk of court shall immediately inform CA of
incompleteness and recommend measures for
completion 94
i. Duty of court to take steps to complete
the records within the shortest possible
time
d. XPN: If completion could not be accomplished
within a sufficient period allotted for said purpose
due to insuperable or extremely difficult causes 95
i. CA (own/parties’ motion) may declare
that the available record and its
accompanying transcripts and exhibits
are sufficient to decide the issues raised
1. Issue Order explaining the
reasons for such declaration
2. To make certification of its correctness; and
3. To make a letter of transmittal – parties must be given copy
4. Direct the stenographers concerned to attach to the record
of the case 5 copies of the transcripts of the testimonial
evidence referred to in ROA – upon perfection of appeal 96
a. Stenographers shall:
i. transcribe such testimonial evidence
ii. Index affixed to transcripts –
1. names of the witnesses and
the pages where testimonies
are found
2. list of the exhibits and the
pages wherein each of them
appears to have been offered
and admitted/rejected by trial
court.
iii. Transmit transcripts to clerk
5. Arrange transcripts in the order in which the witnesses
testified at the trial (cause consecutive page numbering)
94 Sec. 5, Rule 44
95 Sec. 6, Rule 44
96 Sec. 11
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6. To transmit the records/ROA to the CA 97 - within 30 days b. Assignment of errors - separately, distinctly and
from perfection of the appeal; including: concisely stated without repetition and numbered
a. proof of payment of the appellate court docket and consecutively
other lawful fees c. "Statement of the Case" - clear and concise
b. certified true copy of the minutes of the statement of:
proceedings i. nature of the action
c. order of approval ii. summary of the proceedings
d. certificate of correctness iii. appealed rulings and orders of the court
e. original documentary evidence referred to iv. nature of the judgment
f. original and 3 copies of the transcripts v. other matters necessary to an
i. Copies of the transcripts and certified understanding of the nature of the
true copies of the documentary controversy
evidence shall remain in the lower court vi. page references to the record
for the examination of the parties. d. "Statement of Facts"
g. If not transmitted within the 30-day period: 98 i. clear and concise statement in narrative
i. Either party may file a motion with trial form of:
court + notice to the other 1. facts admitted by both parties
2. facts in controversy
Appeal may be dismissed (motu propio or on motion) for being 3. substance of the proof
filed out of time even prior to transmittal of records 99 relating thereto in sufficient
detail to make it clearly
intelligible
Docketing of case 100 - CA clerk of court shall docket the case and
notify the parties thereof upon receiving: 4. page references to the record;
e. Issues of fact/law – clear and concise statement
f. "Argument" - arguments on each assignment of
1. Records/ROA error with page references to the record.
2. Accompanying documents and exhibits i. Authorities relied upon - cited by the
3. Proof of payment of the docket and other lawful fees page of the report at which the case
begins and the page of the report on
If ROA – appellant shall filed with clerk 7 clearly legible copies of the which the citation is found
approved ROA with proof of service of 2 copies to appellee (within 10 g. "Relief" - specification of the order or judgment
days from notice of docketing) which the appellant seeks
h. If not ROA - copy of the judgment or final order
 Unauthorized alteration, omission or addition in approved appealed from (appendix)
ROA = ground for dismissal
CA may choose to not dismiss despite late filing - where the
Appellant's brief 101 - within 45 days from receipt of the notice of the question raised is of sufficient importance to require an examination of
clerk that all the evidence, oral and documentary, are attached to the the record, especially where there is no showing or assertion
record (expiration of time is not a jurisdictional matter and may be whatsoever of any intent to delay on the part of the appellant.
waived by the parties) Dismissals on purely technical grounds is frowned upon. 103

1. 7 copies of his legibly typewritten, mimeographed or printed GR: CA should dismiss an appeal when no appellant’s brief is timely
brief filed (power is discretionary, meaning not automatic dismissal)104
2. Proof of service of 2 copies on the appellee
3. Contents (in order) 102 REQs. for Non-Dismissal: 105
a. Subject index
i. Digest of the arguments and page 1. Circumstances warrant liberality
references 2. Strong considerations of equity justify an exception
ii. Table of cases alphabetically arranged, 3. No material injury has been suffered by the other party due
textbooks and statutes cited with to the delay
references to the pages where they are 4. No contention that the appellees’ cause was prejudiced
cited;

97 Sec. 12 102 Sec. 13, R44

98 Sec. 3, Rule 44 103 Kingdom of Belgium v. CA
99 Sec. 13 104 Id.
100 Sec. 4, R44 105 Id.
101 Sec. 7
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5. At least, no motion to dismiss has been filed  Only to answer points in the appellee's brief not covered in
his main brief
Specific REQs. depending on the ground used: 106
Memoranda in Special Cases 110 – in lieu of briefs
1. For delay – must be for a reasonable period
2. Inadvertence of counsel:  Cases Covered:
a. Reckless or gross negligence deprives the client o Certiorari
of the due process of law; or o Prohibition
b. Application of the rule will result in outright o Mandamus
deprivation of liberty or property; or o Quo warranto
c. Interests of justice so require. o Habeas corpus cases,
 Non-extendible period of 30 days from receipt of notice by
Appellee's brief 107 - within 45 days from receipt of appellant's brief the clerk that all the evidence, oral and documentary, is
already attached to the record
1. 7 copies of his legibly typewritten, mimeographed or printed o Failure of the appellant to file his memorandum
brief within the period therefor may be a ground for
2. Proof of service of 2 copies on the appellee dismissal of the appeal.
3. Contents (in order) 108
a. Subject index Several appellants or appellees or several counsel for each
i. Digest of the arguments and page party111
references
ii. Table of cases alphabetically arranged,  Several parties and each counsel does not represent all –
textbooks and statutes cited with each counsel shall be served with only 1 copy of the briefs
references to the pages where they are  Several counsels representing 1 party - copies of the brief
cited; may be served upon any of them.
b. Facts
i. “Statement of Facts” - state that he
REQs. for Extension of Time for Filing Briefs 112
accepts the statement of facts in the
appellant's brief; OR
ii. "Counter-Statement of Facts" - point out 1. Good and sufficient cause
insufficiencies or inaccuracies as he 2. Motion filed before expiration of period sought to be
believes exist in the appellant's extended.
statement
1. With page references to the RULE 50
record in support thereof
2. Without repetition of matters Dismissal of Appeal
in the appellant's statement of
facts Grounds for dismissal of appeal 113 — CA may dismiss
c. "Argument" - arguments on each assignment of (own/appellee’s motion)
error with page references to the record.
i. Authorities relied upon - cited by the
page of the report at which the case 1. Failure of ROA to show on its face that the appeal was timely
begins and the page of the report on 2. Failure to file NOA/ROA within period prescribed by these
which the citation is found Rules***
a. This is the only ground for dismissal that is
MANDATORY (CA has no choice but to dismiss);
Appellant's reply brief 109 - within 20 days from receipt of appellee's all others are discretionary 114
brief 3. Failure of appellant to pay fees
4. Unauthorized alterations, omissions or additions in
 Optional for appellant approved ROA record on appeal

106 Id. 111 Sec. 11

107 Sec. 8 112 Sec. 12
108 Sec. 14, R44 113 Sec. 1
109 Sec. 9 114 De Leon v. CA
110 Sec. 10
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5. Failure of appellant to serve and file the required number of a. Gross negligence must be nothing short of a clear
copies of his brief or memorandum within the time provided abandonment of the client’s cause
by Rules; 2. When application of the rule will result in outright deprivation
6. Absence of specific assignment of errors in the appellant's of the client’s liberty or property
brief, or of page references to ROA 115 3. Where the interests of justice so require
7. Failure of the appellant to take the necessary steps for the
correction/completion of the record within the time limited by RULE 42
the court in its order Petition for Review (RTC to CA)
8. Failure of the appellant to appear at the preliminary
conference under Rule 48 or to comply with orders, circulars,
RTC (appellate jurisdiction) to CA
or directives of the court
a. XPN – Justifiable cause
9. Order or judgment appealed from is not appealable Period: within 15 days from notice of decision sought to be
10. Improper Appeal 116 - outright dismissal (will not be reviewed/denial of MNT/MR filed in due time (same rules as Rule 43)
122
transferred to proper court)
a. RTC to CA (Rule 41) – pure questions of law
b. NOA for RTC (AJ) to CA – should be petition for  1st extension - CA may grant an additional of 15 days ONLY
review if, before expiration of reglementary period:
o Proper motion
GR: Only the assignments of error that have been alleged shall be o Payment of fees and costs
considered. An assignment of error is essential to appellate review.  2nd extension – only for most compelling reasons
o Max. 15 days
XPNs:
How Done: 123
1. Grounds affecting jurisdiction over the SM
2. Evidently plain or clerical errors within the contemplation of 1. File verified petition for review with CA
law 2. Pay docket fees and P500 deposit for costs
3. Those whose consideration is necessary in arriving at a just 3. Furnish RTC and adverse party a copy of the petition
decision and complete resolution of the case or to serve the
interest of justice or to avoid dispensing piecemeal justice Form and contents 124

Withdrawal of appeal 117 1. 7 legible copies – indicate original

 Withdrawal as a matter of right - any time before the filing of
the appellee's brief
 Withdrawal discretionary on court – anytime thereafter T
Nature of Power of Dismissal of CA - discretionary and not merely
ministerial 118
 exercise must be sound, in accordance with the tenets of
justice and fair play and considering the circumstances of
each case. 119
GR: Counsel’s negligence binds the party 120
XPNs: 121
1. Where the reckless or gross negligence of counsel deprives
the client of due process if law
2. State:
a. Full names of the parties, without impleading the
lower courts or judges
b. Specific material dates showing timeliness
c. Concise statement of the:
i. matters
ii. issues
iii. specific errors of fact or law, or both,
allegedly committed by the RTC
iv. reasons or arguments relied upon for
the allowance of the appeal
3. Proof of Service to Adverse Party and RTC
4. Attachments:
a. clearly legible duplicate originals or certified true
copies of the judgments or final orders of both
MTC and RTC (certified correct by RTC clerk) –
only for original; others can be plain copies
b. the requisite number of plain copies thereof
c. pleadings and other material portions of the record
as would support the allegations of the petition

115 See: section 13, paragraphs (a), (c), (d) and (f) of Rule 44 120 Id.
116 Sec. 2 121 Id.
117 Sec. 3 122 Sec. 1
118 Id. 123 Sec. 1
119 Tan v. Link 124 Sec. 2
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d. Certification of Non-Forum Shopping
i. Certification under oath that he has not
commenced any other action involving
the same issues in SC, CA, or different
divisions thereof, or any other tribunal or
agency;
ii. If there is pending action or proceeding
- status of the same; and
iii. If he should thereafter learn that a
similar action or proceeding has been
filed or is pending before the SC, CA, or
different divisions thereof, or any other
tribunal or agency, he undertakes to
promptly inform such
court/tribunal/agency thereof within 5
days
Grounds for Dismissal:
1. Failure to Comply with:
a. Payment of the docket and other lawful fees
b. Deposit for costs
c. Proof of service of the petition
d. Contents of and the documents which should
accompany the petition
2. If CA finds: 125
a. Patently without merit
b. Prosecuted manifestly for delay
c. Questions raised too insubstantial to require
consideration
If it does not dismiss the Petition, CA may require Respondent to
file comment within 10 days from notice 126
 What – CA finds prima facie that the lower court has
committed an error of fact/law that warrants a reversal or
modification of the appealed decision
Elevation of record 129 - discretionary
 If CA deems it necessary
 May order RTC clerk to elevate the original record of the
case, including the oral and documentary evidence within
fifteen (15) days from notice
Perfection of Appeal 130
 Upon timely filing of petition + payment of fees
 RTC loses jurisdiction over the case upon perfection of the
appeals filed in due time and the expiration of the time to
appeal of the other parties
 XPNs – before CA gives due course to petition, RTC may:
o issue orders for the protection and preservation of
the rights of the parties which do not involve any
matter litigated by the appeal
o approve compromises
o permit appeals of indigent litigants
o order execution pending appeal in accordance
with section 2 of Rule 39
o allow withdrawal of the appeal
 Effect of Appeal – stays judgment or final order
o XPN: CA/law/Rules state otherwise
o NOTE: This is different from the effect under Rule
43 and 64, where the filing of the petition/appeal
does NOT stay the judgment/final order unless the
CA/SC says otherwise

Contents of comment 127 - serve copy on petitioner Submission for decision 131

1. 7 legible copies  If given due course, CA may:

2. Certified true copies of material portions of the record o set the case for oral argument; or
referred to o require the parties to submit memoranda within 15
3. Other supporting papers days from notice
4. State whether or not he accepts the statement of matters  Deemed submitted for decision upon filing of last
involved in the petition pleading/memorandum required by Rules/court
5. Insufficiencies or inaccuracies as he believes exist in
petitioner's statement of matters (without repetition) RULE 43 and 64
6. Reasons why the petition should not be given due course Appeal from Quasi-Judicial Agencies to CA

Due course 128
 When - upon the filing of comment/other pleadings as the
court may allow or require, or after expiration of period for
the filing thereof
An appeal under Rule 43 is a discretionary mode of appeal. The CA is
free do determine whether to give due course to it by requiring the
respondent to file a Comment within 10 days, or dismiss it if it is
prosecuted for delay, patently without merit, or the questions raised
are too unsubstantial to warrant consideration. 132

125 Sec. 4 129 Sec. 7

126 Id. 130 Sec. 8
127 Sec. 5 131 Sec. 9
128 Sec. 6 132 Maniebo v. CA
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SCOPE: ii. MR is not always required prior to filing

under Rule 43. The governing rules of
GR: Appeals from awards, judgments, final orders or resolutions of or the agency concerned will determine
authorized by any quasi-judicial agency in the exercise of its quasi- whether it is required. If so, then non-
judicial functions, such as the: 133 filing usually bars the appeal. If not, the
petitioner has the option to file an MR,
but non-fling of such does not affect his
1. Civil Service Commission
appeal under Rule 43. 138 However, in
2. Central Board of Assessment Appeals
SSC v. CA, the SC allowed the petition
3. Securities and Exchange Commission
despite non-compliance with SSC’s
4. Office of the President
rules requiring an MR prior to judicial
5. Land Registration Authority
review. It stated that because of the
6. Social Security Commission
obstinacy of the SSC, it would be futile
7. Civil Aeronautics Board
and useless for the respondent to have
8. Bureau of Patents, Trademarks and Technology Transfer
filed the MR. 139
9. National Electrification Administration
iii. A Motion for Clarificatory Judgment is
10. Energy Regulatory Board
not an MR and does not toll the period
11. National Telecommunications Commission
for filing a petition for review with the
12. Department of Agrarian Reform under Republic Act No.
CA. Despite the filing of the motion,
6657
there was already a final judgment that
13. Government Service Insurance System
could properly be the subject of a
14. Employees Compensation Commission
petition for review. 140
15. Agricultural Invention Board
2. 1 extension allowed (15 days ONLY)
st
16. Insurance Commission
a. REQs. (to be fulfilled before expiration of
17. Philippine Atomic Energy Commission
reglementary period)
18. Board of Investments
i. filing of proper motion and the
19. Construction Industry Arbitration Commission
ii. payment of the full amount of the docket
20. Voluntary arbitrators authorized by law
fee
1. NOTE: According to Atty.
NOTE: This list is NOT exclusive Genilo, in practice, your
motion should indicate if you
XPNs: will ask for a TRO/injunction
later on because this requires
1. Judgments or final orders issued under the Labor Code of additional fees. This is to
the Philippines 134 avoid any issue as to whether
a. Applicable remedy is Rule 65 certiorari to CA you paid the full amount of
2. Decisions of CTA Division and En Banc 135 your fees or not. You can
a. CTA Division > CTA En Banc > SC (Rule 45) always choose to not file a
TRO later, pero at least bayad
Coverage: questions of fact, of law, or mixed 136 na.
3. 2nd extension (discretionary) – additional 15 days to file the
petition for review.
Periods: 137
4. Subsequent extension –
a. GR: No further extension shall be granted
1. File petition to appeal within 15 days from: b. XPN: most compelling reason and max. 15 days.
a. notice of the award, judgment, final order or
resolution, or
Petition and Payment of Fees/Costs 141
b. the date of its last publication, if publication is
required by law for its effectivity, or
c. denial of petitioner's MR/MNT duly filed in 1. File a verified petition for review
accordance with the governing law of the court or a. 7 legible copies with the Court of Appeals (indicate
agency a quo. original)
i. Only 1 MR allowed b. Proof of service of a copy on:

133 Sec. 1 138 CHED v. Mercado

134 Sec. 2 139 SSC v. CA
135 Sec. 11, R.A. 9282 140 CHED v. Mercado
136 Sec. 3 141 Sec. 5
137 Sec. 4
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i. the adverse party; and required to be

ii. agency a quo attached, but it is
c. Contents of Petition 142 prudent to attach all
i. full names of the parties to the case, parts of the records
without impleading the agencies; which are
ii. concise statement of: necessary/relevant
1. facts in any way to
2. issues enable the court to
3. grounds relied upon for the reach a decision of
review the issues 147
4. NOTE: These may be c. This is required
integrated and such will because transmittal
constitute substantial of the records is
compliance 143 discretionary and,
iii. Material dates showing timeliness of even if allowed,
appeal takes a lot of time
iv. Sworn Certification of Non-Forum 148

Shopping as provided in last par. of Sec. d. NOTE: Contrary to

2, Rule 42
1. This is only required for the
petition, not the motion for
extension of time. 144
v. Attachments (MANDATORY; non-
compliance may warrant dismissal by
CA)
1. Clearly legible duplicate
original or a certified true copy
of the award, judgment, final
order or resolution appealed
from;
a. intended to
immediately enable
the CA to decide
whether to give due
course or not 145
2. Copies of material portions of
the record referred to therein;
and
a. Material – parts of
the records that are
relevant and
directly bear on the
issues and
arguments raised
and discussed in
the petition 146
b. Only the material
portions of the
records that are
REFERRED to in
the petition are
what Sec. 6 states,
the SC has
provided that these
material portions
are no longer
required to be
certified as true 149
3. Other supporting papers.
2. Upon filing, pay to the clerk of court of the CA:
a. Docket fees
b. Deposit P500 for costs
c. XPN to payment (discretionary): file verified
motion stating valid grounds.
i. If CA denies the motion, pay within 15
days from notice of the denial.
Grounds for Dismissal:
1. Failure to comply with requirements 150
a. Payment of fees and deposit for costs
b. Proof of service
c. Contents and attachments
2. Patently without merit 151
3. Prosecuted manifestly for delay 152
4. Questions raised are too unsubstantial to require
consideration 153
If Appeal Allowed by CA: 154
CA may require the Respondent to file a Comment within 10 days from
notice

142 Sec. 6 149 Id.

143 Deloso v. Marapao 150 Sec. 7
144 De Dios v. CA 151 Sec. 8
145 Maniebo v. CA 152 Id.
146 B.E. San Diego v. Alzul 153 Id.
147 Id. 154 Sec. 8
148 Id.
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NOTE: NOT a MD correction of or

addition to the
Contents of Comment (must be filed in 7 legible copies): 155 record
f. When Deemed Submitted for Decision 159 -
upon filing of the last pleading or memorandum
1. Point out insufficiencies/inaccuracies in petitioner’s
required by the Rules/CA
statement of facts/issues
2. Dismiss the Case – If no prima facie case
2. State reasons why petition should be denied/dismissed
3. Proof of service on petitioner shall be filed with CA
a. Does this mean it need not be attached to the Effect of Appeal: 160
Comment itself?
4. Attachment:  GR: Does not stay the award/judgment/final order/resolution
a. Material portions of the record referred to in the sought to be reviewed
Comment  XPN: CA directs otherwise upon such terms as it may deem
b. Other supporting papers just

What Can the CA do? 156 RULE 64

1. Give Due Course – if CA finds prima facie that the court or Review of Judgments and Final Orders or Resolutions of
agency concerned has committed errors of fact or law that COMELEC/COA 161
would warrant reversal or modification of the award,
judgment, final order or resolution sought to be reviewed Mode of Review – Certrioari under Rule 65 to Supreme Court, except
a. upon the filing of the comment/other as hereinafter provided. 162
pleadings/documents as may be required or
allowed by CA; OR
Period to File: w/in thirty (30) days from notice of the judgment or final
b. upon the expiration of the period for the filing
order or resolution sought to be reviewed 163
thereof, and
c. Basis:
i. Records of the case  MR/MNT, if allowed under the procedural rules of the
ii. Pleadings filed Commission concerned, interrupts the period
d. Findings of fact of the agency concerned, when  If denied, the aggrieved party may file the petition within the
supported by substantial evidence, shall be remaining period from notice of denial (min. 5 days)
binding on the Court of Appeals
e. What Can CA Do Upon Giving Due Course NOTE: This 30-day period is one of the main differences between Rule
(discretionary): 157 64 and Rule 65
i. Set case for oral argument
ii. Require parties to submit memoranda Procedure:
within 15 days from notice
iii. Order transmittal of records 158
1. File verified petition (18 legible copies) 164
1. W/in 15 days from notice that
a. Contents:
the petition has been given
i. Petitioner – aggrieved party;
due course,
Respondent – Commission concerned
2. CA may require the agency
and person/s interested in sustaining
concerned to transmit the
the judgment, final order or
original or a legible certified
resolution a quo
true copy of the entire record
ii. State:
of proceeding under review
1. Facts
a. May be abridged by
a. Findings of fact of
agreement of all
Commission
parties to the
supported by
proceeding
substantial
b. CA may require or
evidence shall be
permit subsequent

155 Sec. 9 160 Sec. 12

156 Sec. 10 161 Sec. 1
157 Sec. 13 162 Sec. 2
158 Sec. 11 163 Sec. 3
159 Id. 164 Sec. 5
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final and non- 3. Filed manifestly for delay

reviewable 4. Questions raised are too unsubstantial to warrant further
2. Issues proceedings
3. Grounds
4. Brief arguments Effect of Filing:
5. Pray for judgment annulling or
modifying the questioned
 GR: Not stay the execution of what is being reviewed
judgment, final order or
 XPN: If SC directs otherwise upon such terms as it may
resolution
deem just
6. Specific material dates
showing timeliness
iii. Sworn Certification of Non-Forum When Deemed Submitted for Decision: 169
Shopping as provided in Sec. 3(3) of
Rule 46 GR: Upon the filing of the Comments, or other pleadings or papers as
b. Attachments: may be required or allowed, or the expiration of the period to do so
i. Clearly legible duplicate original or
certified true copy of the judgment, final XPNs:
order or resolution
ii. Certified true copies of material portions
1. SC sets case for oral arguments
of the record referred to therein and 2. SC requires parties to submit memoranda
iii. Other documents relevant and pertinent
thereto
c. Proof of service on: Source of Subject Matter Where to Rule
i. Commission concerned and Judgment/Final Appeal
ii. Adverse party Order/Resoluti
2. The failure of petitioner to comply with any of the foregoing on
requirements shall be sufficient ground for the dismissal of CA, SB, RTC, Any SC Rule 45 (pure
the petition. (n) Courts judgment/final questions of
3. Pay docket fees and deposit (P500) upon filing 165 authorized by order law)
a. Attach proof of timely payment to petition 166 law
Quasi-judicial Any CA Rule 43
NON-COMPLIANCE = Sufficient ground for dismissal agencies
OMB 170 Administrative CA Rule 43
disciplinary
Respondent’s Comment – If SC finds the petition sufficient in form cases
and substance, it shall require respondent to file comment w/in 10 days
OMB 171 Criminal cases CA 172 Rule 65
from notice (18 legible copies) 167
(GADALEJ) or
final/unappealab
1. Original - with certified true copies of: le orders of
a. material portions of the record as are referred to OMB in admin.
b. other supporting papers cases
2. Copies – may contain only plain copies of all attachments COMELEC/ Exercise of SC Rule 64
3. Service to petitioner COA 173 Quasi-judicial
functions
NOTE: No other pleading may be filed by any party unless required or COMELEC/ Exercise of SC Rule 65
allowed by the Court COA 174 Administrative
powers (COA –
Grounds for Dismissal: 168 money matters)
MTC/RTC 175 Election Protest COMELC Rule 65
1. Non-compliance with form and contents required (appellate
2. Insufficiency of form and substance jurisdicto
n)

165 Sec. 4 171 Nava v. NBI and Belongilot v. Cua

166 Sec. 5 (last par.) 172 Carpio-Morales v. CA
167 Secs. 6 and 7 173 Comelec v. Querubin
168 Sec. 7 174 Id.
169 Sec. 9 175 Galang v. Geronimo
170 Fabian v. Desierto
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COA 176 Administrative Appeal to Administrativ

disciplinary CSC e Code of
cases 1987
DOJ Sec. 177 Resolutions on CA Rule 65
criminal (GADALEJ)
investigations Office of Rule 43
the (errors of
President fact/law/mixe
> CA 178 d)
NLRC 179 Labor MR then Rule 65
DOLE Sec. 180 disputes/Labor CA (aggrieved
Code party has the
whole 60-day
period to file)
Regional Office Petition for CA Rule 65
> Bureau of Certification
Labor Relations Election
(appellate
jurisdiction) 181
Bureau of Labor
Relations >
SOLE (appellate
jurisdiction)
Voluntary Under Labor CA Rule 43
Arbitrator 182 Code
DARAB 183 CA Rule 43

Comparison of Certiorari under Rule 64 and 65 184

Rule 64 Rule 65
Period to File 30 days from notice 60 days from
Petition notice
Effect of MR/MNT Interrupts Period Stops Period
Period if MR/MNT Remaining Balance Fresh Period of 60
Denied (min. 5 days) days

176 Galindo v. COA 181 Abbott Labs v. Abbott Employees Union

177 Argovan v. San Miguel 182 CEU Faculty Union v. CA
178 Orosa v. Roa 183 Deloso v. Marapao
179 St. Martin Funeral Homes v. NLRC 184 Law Firm of Laguesma v. COA
180 NFL v. Laguesma