Topics

Before Finality of Judgment

- Motion for reconsideration
- Motion for new trial
- Appeal
After finality of judgment
- Petition for relief from judgment
- Annulment of judgment
- Certiorari
Ways of attacking a judgment
Do not forget that ways of attacking a judgment which are you can collaterally
attack a judgment through an appeal or directly attack a judgment through a
petition to annul a judgment or through a petition for certiorari seeking the
nullification of a judgment under Rule 65. There is a third way of attacking a
judgment which is neither a collateral attack nor direct attack, which is on its own
separate and distinct way of attacking a judgment which is your petition for relief
from judgment.
Rules on Appeals
General Principles
What cannot be appealed
Remedy/ies if appeal not allowed
Procedure
Notice of Appeal vs Record on Appeal
Concept of residual jurisdiction
Effects of Grant/ Denial
Orders which cannot be appealed
1. Interlocutory order;
2. Order which dismisses a case without prejudice because if there is a
dismissal of a particular case with prejudice, appeal is a remedy in the
 ordinary course of things. That is the GR. What if without prejudice? But the
one who is adversely affected by the dismissal without prejudice believes
that it should not have been dismissed with prejudice, that the court should
have continued with the proceedings, since appeal is not the remedy under
Rule 41, you will able to see in Rule 41 that its says that in such a situation it
is the proper remedy is a petition for certiorari under Rule 65.
We also pointed out the Procedure but we will discuss with specificity the
procedure of your respective modes of appeal later.
Distinguish the difference of Notice of Appeal v. Record on Appeal, a record on
appeal is only required in special proceedings cases, but not all in all special
proceeding cases ex. Republic vs Nishida case whose mother had three
husbands subsequently. The issue there is the correction of entries in a
certificate particularly the birth certificate or any certificate for that matter
which is deposited with the local civil registrar. Should it require a notice of
appeal and a record on appeal? The SC said that while it is true that a petition
for correction of entries under Rule 108 (Rule 103 is change of name) is a
special proceedings and under Rule 41 Spec pro cases must not only when one
appeals a decision in spec pro cases, one must not only file a notice of appeal
but a record on appeal that is only true if the spec pro case allows multiple
appeals but in a correction of entry under Rule 108, it does not allow multiple
appeals, it is a singular proceedings spec pro case unlike in your settlement of
estate where it is a multiple spec pro case.
What about the concept of residual jurisdiction? When a particular appeal has
been perfected and when an appeal is perfected if it were a notice of appeal
upon the perfection of the notice of appeal. When is a notice of appeal
perfected? Upon the timely filing of the notice of appeal with the corresponding
payment of docket fees because without the corresponding payment of appellate
docket fees, the appeal is not considered to have been perfected. For cases
which require not only a notice of appeal but a record on appeal, upon the
seasonable filing of notice of appeal and record on appeal, plus the approval of
the record on appeal, in such situations, the court loses its jurisdiction in those
appealed cases, but even if the court whose judgment has been appealed loses
jurisdiction in the case, it in the way retains residual jurisdiction such as in a
situation where by there has been a perfected appeal either through a notice of
appeal or a notice of appeal coupled with a record on appeal. One of the parties
filed a motion to litigate case as a pauper litigant or as an indigent litigant, and
the records are still with the court then in the exercise of the residual
jurisdiction of that court whose decision is subject of appeal, the court may
grant the motion. It would be different if the records are no longer with the
court whose judgment or decision is subject of the appeal because if the records
are already elevated with the appropriate appellate court, there is absolutely no
residual jurisdiction in that situation. The records must be with the court when a
court exercises its residual jurisdiction on appeal. Or even if an appeal has been
perfected, the parties came to their senses that they want to compromise instead
of pursuing further proceedings on appeal and they submitted a motion to
approve the compromise agreement and the records are still with the court, the
court in the exercise of its residual jurisdiction may look into the terms and
conditions of the motion to approve the compromise agreement, and if the terms
and conditions of the compromise agreement are not contra bonus mores, then it
may grant that particular motion to approve compromise agreement because it
still have the records with it. So as to the effect of the grant or denial, we will
discuss in general after we look into the rules on appeals.
Appeal from MTC to RTC - Ordinary Appeal from RTC to CA = these are
ordinary appeal
Petition for Review (R 42) different from Petition for Review (R 43)
Petition for Review (R 42) pertains to an appeal whereby the subject decision,
judgment, final resolution or order has been rendered by a court, a judicial court
while under Petition for Review (R 43) the subject decision, judgment, final
resolution or order has been rendered by a quasi-judicial body.
Petition for Review on Certiorari – an Appeal to the SC.
Rule 44 merely talks about your rules on ordinary appeal with the court of
appeals. As to the form, procedure regarding ordinary appeals with the court of
appeals, you should be able to appreciate Rule 44 in relation to your ordinary
appeal from the RTC to the CA.
Question: The MTC rendered a final order dismissing a case ratiocinating that it
has no jurisdiction over the subject matter, this final order was appealed via a
notice of appeal under Rule 40 by the Plaintiff because it is the affected party,
the complaint was dismissed. Upon review by the RTC, the RTC has
jurisdiction, meaning that the dismissal done by the MTC is correct and the
MTC is correct in pronouncing that it has no jurisdiction but instead it is the
RTC which has jurisdiction, what is the appropriate action to be done by the
RTC thereafter?
Answer: The RTC should take cognizance of the case as if it was originally
filed with the RTC.
Question: Should RTC take new evidence?
Answer: The RTC will use the records that were elevated and the RTC may
take new evidence when needed.
The appeal from MTC to RTC is also known as an action for the issuance of a
writ of error. There are only two possible instances when a party can seek for a
writ of error from an appellate court. One appeal from the MTC to the RTC
under Rule 40, and Two an ordinary appeal from the RTC to the CA. The RTC
exercising its original jurisdiction when it rendered the judgment or the final
order or the final resolution subject of the ordinary appeal.
Importance of not using your remedy of appeal to delay the dispensation,
disposition of justice. In petition for review under R 42, 43, 45, there is clear
provision in 42, 43, 45 that if the appeals taken under these rules is clearly and
manifestly shown that it would delay the administration of justice, and patently
without merit that the issues are too unsubstantial, the appellate court may motu
proprio dismiss the petitions.
Formal Requisites through an Example:
Plaintiff-Appellant. Remember that the title of the case states as it is in your
notice of appeal. You only have to include the word appellant for the one who
has appealed the case and appellees for those did not.
 Important contents of the notice of appeal: 1) state the material dates, the date
here is the date of the receipt of the judgment subject of the appeal which is
January 30. So that we know if the appeal was seasonably filed. 2) What is the
decision, final order or resolution which is the subject of the notice of appeal;
and 3) the parties to the case and allege that you have paid the appeal fees (very
important) This is equally applicable of the notice of appeal from the MTC to
the RTC.
Petition for Review – R42
When can one avail for a petition for Review under R42. One can avail if the
subject judgment, final order or resolution has been rendered by the RTC in the
exercise of its appellate jurisdiction. Illustration: The MTC rendered a decision or a
final order or resolution, this was appealed to the RTC. The RTC rendered a final
order/resolution in the exercise of its appellate jurisdiction, if one party wants to
further appeal the final order/resolution it is a petition for review under Rule 42 on
questions of facts and law because if it were on pure questions of law, the remedy
is not Rule 42 but Rule 45 because it is a pure question of law. CA is not a tryer of
pure question of law. Unlike in the notice of appeal, when the judgment is rendered
by the MTC or the RTC in the exercise of its original jurisdiction where the notice
of appeal is filed with the court which rendered the decision, if the MTC rendered
the decision, where will you file? If it were the RTC, the RTC. If it were a R42,
will you file the petition for review with the RTC? NO! you file the petition with
the Court of Appeals. If you are the appellant in a petition for review R42, copy
furnish the respondent appellee and the court which rendered the decision/
judgment subject of the petition for review which is the RTC.
Ms. Badongen filed an Ejectment suit against Ms. Aglibut, she lost and filed an
appeal with the RTC. She lost. She wants to further appeal that decision of the
RTC acting as appellate court on questions of facts and law. She will then file a
petition for review with the CA. Unlike in her notice on appeal, she filed it with the
RTC. What should the RTC, which exercised appellate jurisdiction to the records?
The records will be there with the RTC unless ordered by the CA to be elevated.
Unlike in an ordinary appeal, whether MTC to RTC or RTC to CA, it is the
responsibility of the court to elevate the records even without the order of the
appellate court to elevate the record. Unlike in your petition for review, it is only
when the court of appeals orders the appellate court which is the RTC to transmit
all the records for review by the CA. Will the RTC transmit the records? If you
remember your notice of appeal, once the records are elevated on appeal, it is the
obligation of the court to order the parties particularly the complainant appellant to
file his memorandum within 15 days from notice if MTC to RTC or if RTC to CA
because CA exercises appellate jurisdiction and RTC rendered a decision in the
exercise of its original jurisdiction. It is the obligation of the CA to issue an order
requiring the appellant to file his memorandum on appeal. The CA can order the
appellant to file an appellants brief if it were an ordinary appeal from the RTC to
the CA. But if it were the RTC’s decision which is the subject of an ordinary
appeal, the records have been elevated to the CA, the CA will order the appellant
to file a memorandum on appeal within 30 days from receipt. If the MTC to RTC,
the RTC will give the appellant 15 days to file the memorandum on appeal. If the
RTC to the CA because the RTC rendered a decision in the exercise of its original
jurisdiction, longer period, it is 30 days. And the appellee will be given 15days to
file his memorandum on appeal from receipt of the memorandum on appeal of the
appellant if MTC to RTC. 30 days if CA.
Illustration:
The city legal officer was ordered to file the memorandum on appeal within 30
days from receipt, because the RTC rendered its decision in the exercise of its
original jurisdiction kaya 30 days from receipt. What are the contents? 1) State the
timeliness; 2) Statement of the case; give a brief of the explanation of the statement
of the case in the memorandum. 3) Statement of facts; 4) statement of issues; 5)
Arguments and discussions in support of the issues.; 6) Relief.
In making a decision on appeal, the basis of the appellate court are the
memorandum and the entire records.
Petition should be verified and there should be a certification against forum
shopping. The verification should be compliant with the 2019 amendments. Upon
receive of the petition for Review by the CA, it will look into the petition if it is
manifestly and patently filed for purposes of delaying the administration of justice
or the issues in consequential and unsubstantial, it can motu proprio dismiss the
petition. That equally applied to the petition for review in R43 and R45 but if it
does not, it will order the appellee / respondent to file a comment and not a motion
to dismiss within 10 days from receipt of the order. Upon receipt of the comment
and upon reviewing the petition, if the Court of Appeals deems that the petition for
review warrants that the petition must be entertained it will issue an order giving
due course to the petition. When would that order be issued? ONLY upon
submission of the comment, and after the review of the comment and the petition if
it is warranted under the situation, the CA will issue an order giving due course to
the petition. The court of appeals thereafter may require oral arguments which is
very rare in reality or the submission of memoranda. Upon the submission of the
memoranda by the respondent and the petitioner, the petition for review shall be
deemed submitted for resolution.
Example of memoranda on appeal.
Contents of memorandum in the CA and SC are the same.
Procedure for the petition for review under rule 42, File the petition correct in form
and substance, there must be a verification and a certification, upon receipt of the
petition provided that the petition was seasonably filed which is within the period
to appeal which is 15 days from the receipt of the judgment on appeal, the Court of
Appeals will order the appellee respondent to file a comment within 10 days. With
the comment, the CA will look into w/n proceed with the petition and if does, then
it will require both parties to file their respective memoranda or may order oral
arguments. If oral arguments but still the CA sees the need for the parties to submit
their respective memoranda, the CA will order both parties to submit their
respective memoranda. But if it were only memoranda, and no oral arguments,
after the submission of the memoranda seasonably filed or upon the lapse of the
period to file the memoranda with/without the memoranda the petition for review
is deemed submitted for decision. That’s for your rule 42.
Mining case. Which was referred pursuant to Philippine mining act of 1995,
referred to the panel of arbitrators pursuant to the provisions of the PM act of 1995.
A won, B lost. B subject to the provision of PM, IRR, appealed the decision of the
arbitrator to your mines adjudication board, which is required by IRR, and PM.
The mines adjudication board, affirmed the decision of panel arbitrators. Meaning
B still lost, A won. Pursuant to PM of 1995, and the IRR of the PM decisions of
the mines adjudication board should be appealed further through rule 45 with the
SC. The SC dismissed outright the appeal by certiorari, is the SC correct? Yes the
SC is correct. Because the law which is the PM of 1995, increased the appellate
jurisdiction of the SC without its advice and concurrence. That is why decisions of
the mines adjudication board are reviewable via Rule 43 with the CA.
There is an ombudsman administrative decision was appealed with the CA via rule
43 of the individual penalized administratively by the Ombudsman. Is the remedy
availed of which is Rule 43 the correct remedy? YES! In the ombudsman law, the
decisions of the ombudsman in administrative cases are directly appealable to the
SC, that has been struck down as unconstitutional by the SC because that provision
of the ombudsman law increased the appellate jurisdiction of the SC without its
advice and concurrence.
The RTC designated to act as agrarian court, has exclusive and original jurisdiction
over agrarian cases. It rendered a decision as an agrarian court, the aggrieved party
pursuant to Section 60 of comprehensive agrarian reform law, appealed via notice
of appeal, the decision of the RTC seating as an agrarian court. should the notice of
appeal be given due course? Most especially that the decision was rendered in the
original jurisdiction of the RTC seating as an agrarian court. No. The correct
remedy even if the decision was rendered by that RTC seating as an agrarian court
in the exercise of its original jurisdiction is not a simple notice of appeal. It should
be a petition for review under Rule 42.
The NLRC rendered a decision in the exercise of its appellate jurisdiction. The
losing party in the case appealed the decision of the NLRC by way of rule 45 to the
SC. Reasoning that if you will look the hierarchy of courts the NLRC is in the
same level as the Court of Appeals in the hierarchy. Therefore the decisions of the
NLRC must be elevated if a party seeks to review to have that particular judgment
be reviewed to the Supreme Court through a rule 45. Is the remedy availed of
correct? NO! very clear in Rule 43, it says that rule 43 will not apply for labor
cases pursuant to St. Martin Funeral Homes vs CA, decisions of the NLRC are
reviewable through Rule 65. Its rule 65 petition for certiorari as special civil action.
Where do you file that? Not to the SC but to the Court of Appeals.
The RTC has been designated as commercial corporate court, it rendered a
decision which is an intracorporate controversy/ controversy between and amongst
the members and officers of that corporation. When a party in that intracorporate
controversy or case, wants to appeal the decision of an RTC acting as a
commercial court, REMEMBER that the decision has been rendered by the RTC
acting as a commercial court but the controversy is an intracorporate controversy
in the exercise of its original jurisdiction. What is the proper remedy? Ordinarily it
should be a notice of appeal right from RTC to CA. NO! It should be via Rule 43
petition for review under Rule 43. Why? Which body previously exercises
jurisdiction over intracorporate controversies, it is the Security and Exchange
Commission. A body exercises previously quasi-judicial functions. Remember the
cases falling within the exclusive and original of SEC such as intracorporate
controversy. If you look at that particular law, the mode of review of decisions of
the SEC in those cases is through Rule 43 that has not been amended. Since there
has been a transfer of jurisdiction from SEC to the RTC, it therefore follows that
the remedy should still be via Rule 43. Those are the cases that of help in the study
of Rule 42 and Rule 43. (possible bar questions)
Under Rule 43, Just like in 42, the petition must be verified and must have
certification against forum shopping. Now, are the findings of facts of the quasi
judicial body conclusively binding upon the CA. It depends, if the findings of facts
of the quasi judicial body whose decision is subject of Rule 43 remedy is supported
by substantial evidence, that amount of evidence which to a reasonable mind
supports a conclusion different from preponderance of evidence that amount of
evidence which to a reasonable mind supports a conclusion then that is binding
upon the court of appeals. Those findings of facts will be binding upon the court of
appeals. That would be for Rule 43.
The sale rule as to 42 you have your petition, comment, possible oral arguments,
then memoranda upon the submission of the memoranda or upon the lapse of the
time to submit the memoranda with or without the memoranda the petition for
review under Rule 43 is submitted for decision.
Rule 45. Compare to 65 when we go to 65.
Petition should be verified. 18 copies is no longer applicable. Because you have to
only submit a scanned PDF copy of your appeal by ceritiorari to the SC or through
Email. Check the requisites in the SC website but still need to submit hard copies
to the SC. No longer 18 legible copies.
Just like in 42 and 43, upon review, the SC sees that the question are questions of
facts only, it will dismiss outright the petition. If the petition was filed which is
merely to delay the dispensation of justice or the issues are too inconsequential,
insubstantial, it will outrightly dismiss the decision but if it is not, it will order the
respondent appellee to comment and not to file a motion to dismiss. Other
pleadings may be required by the SC to be submitted. Memoranda; briefs; or any
pleading upon the filing of the last pleading required by the SC, that is when your
appeal by certiorari is deemed submitted for decision. If it were a mere memoranda
which is required from both parties and that is the last pleading, after the
submission of the memoranda or upon the expiration of the period to file the
memoranda, the petition for certiorari under Rule 45 is deemed submitted for
decision.
Example of Memoranda.
State the timeliness, statement of the case, statement of facts, statement of issue/s;
Arguments and discussions; Prayer; Include by incorporation by annex the table of
authorities; Affidavit of Service; Declaration if you file your appeal by certiorari
because you need to submit a electronic copy and not the 18 copies. All of annexes
which are the evidence in the court below.
Same with the memorandum in RTC and CA.
That would be Rules 41 42 43 44 45. 44 merely talks about briefs, appellants,
appellees brief, and reply brief. It may be required by the CA on top of the
memorandum when there is an appeal from the RTC to the CA in the exercise of
the RTCs original jurisdiction it rendered a judgment, the memorandum may not
be the only pleading that will be required by the CA that the parties will submit.
Under 44, you may be required to submit your respective briefs. If you look into
your contents of the briefs, it is similar to the contents of the memorandum.
NOTE: when one files a petition for certiorari under Rule 65 from the RTC to CA.
Rule 44 may be utilized by the CA when it requires the parties to submit their
respective briefs in a petition for certiorari filed with the CA.
Exercise
September 1, 2021, Plaintiff received a decision where she lost,
Date until when she can appeal? File an MR? File an MNT? September 16, 2021.
She filed an MNT, which was granted. After new trial, there was judgment
received on, Feb. 14, 2022. Until when can she file an MR? Appeal? Is she allowed
to File an MR? Yes. March 1, 2022 same with appeal and MR.
She received the order denying the MR on April 10, 2022. Until when can she file
a notice of appeal?April 25, 2022 In case of multiple appeals, until when? After 30
days. May 10, 2022.
She received the decision on appeal on October 1, 2022. She wants to appeal. What
mode of appeal? If the decision was rendered by the MTC, Rule 42, but if the
decision was rendered by the RTC, CA sa gitna, then SC sa huli.Until when?
October 16, 2022
Ways of Attacking a judgment.
1. Collateral Attack
- Appeal
2. Direct Attack
- Annulment of Judgment
- Certiorari
3. Petition for Relief from Judgment
Post Judgment Remedies After Finality of Judgment
1. Petition for Relief from Judgment
2. Annulment of Judgment
3. Certiorari
Illustration:
The decision became final on Sept. 1, 2021. On November 9, 2021, the person who
lost the case discovered that there was a judgment not to his favor. He did not
know. He files the petition for relief on judgment on Feb. 14, 2022. Was the
petition seasonably filed? What about January 14, 2022? What about March 15,
2022?
Rule: Petition must be filed within 6 months of the finality of judgment and within
2 months from discovery of judgment.

The decision became final on Sept. 1, 2020. On November 9, 2021, the person who
lost the case discovered that there was a judgment not to his favor. He did not
know. He files the petition for relief on judgment on Jan. 3, 2022. Was the petition
seasonably filed? What about December 14, 2021? What about March 15, 2022?
Hindi pasok because it is beyond the 6 months of the finality of judgment.
Look into the ground, if it is not anchored on FAME (Fraud, Accident, Mistake
and Excusable Negligence)