QUIZ # 1
1. What are the different modes of appeal?
2. What covers the Neypes Doctrine?
- The new rule aims to regiment or make the appeal period
uniform, to be counted from the receipt or the order denying
the motion for new trial, motion for reconsideration (whether
full or partial) or any final order of resolution.
3. Is failure to appeal a denial to due process?
Why is appeal not part of the due process?
4. Question of Law and Question of Fact.
- A question of law exists when the doubt or
difference centers on what the law is on a certain
state of facts. A question of fact exists if the doubt
centers on the truth or falsity of the alleged facts.
5. Need ba ig-assign an errors before magset han
judgment?
QUIZ # 2
1. Ordinary appeal or appeal by writ of error –
a. Rule 40 – An appeal from a judgment or final order of a MTC is taken to the RTC.
b. Rule 41 - This presupposes that the RTC rendered the judgment or final order in the civil action or special
proceeding in the exercise of its original jurisdiction and appeal is taken to the CA on questions of fact or
mixed questions of fact and law. The appeal is taken by notice of appeal or by record on appeal.
2. Rule 42: Petition for review – The questioned judgment or final order was rendered by RTC in the exercise of its
appellate jurisdiction over a judgment or final order in a civil action or special proceeding originally commenced
inand decided by a lower court. The appeal is taken by a petition for review filed with CA on questions of facts,
of law or on mixed questions of fact and law.
3. Rule 45: Petition for review on certiorari - Taken to the SC only on questions of law from a judgment or final
order rendered in a civil action or special proceeding by RTC in the exercise of its original jurisdiction. The
appeal is taken by filing a petition for review on certiorari with the SC.
The Neypes rule (Fresh Period Rule)
The period for appeal is not only within 15 days from notice of the judgment but also within 15 days from notice of the final
order appealed from.
NOTE: A fresh period of 15 days to appeal is counted from the denial of the motion for reconsideration or new trial.
The reason for the "fresh period rule" is to standardize the appeal period provided in the Rules and do away with the
confusion as to when the 15-day appeal period should be counted.
 A failure to appeal is not a denial of due process because an appeal is not a constitutional right but a
statutory right or privilege that has to be exercised in a manner and in accordance with the provisions of
law.
 Question of law exists when the doubt or controversy concerns the application of law or jurisprudence to a certain
given set of facts, or when the issue does not call for an examination of the probative value of the evidence
presented, the truth or falsehood of facts being admitted.
 Question of fact obtains when the doubt or difference arises as to the truth or falsehoods of facts; or when the query
invites the calibration of the whole evidence considering mainly the credibility of the witnesses; the existence nd
relevancy of specific surrounding circumstances as well as their relation to each other and to the whole; and the
probability of the situation.
1. May the aggrieved party file a petition for certiorari in
the Supreme Court under Rule 65 instead of filing a
petition for review on certiorari under Rule 45 of the
Rules of Court, for the nullification of a decision of the
Court of Appeals in the exercise either of its original or
appellate jurisdiction? Explain.
- No, the aggrieved party may not file a petition for certiorari in the Supreme Court under Rule 65.
- Rule 45 of the Rules of Court provides that a party desiring to appeal by certiorari from a judgment, final order
or resolution of the Court of appeals may file with the Supreme Court a verified petition for review on certiorari.
- Here, the aggrieved party may file a petition for certiorari in the Supreme Court under Rule 45 for the
nullification of a decision of the Court of Appeals in the exercise of its original or appellate jurisdiction.
- Thus, the aggrieved party may not file a petition for certiorari under Rule 65 in the Supreme Court.

2. What happens when a first level court dismisses an
action for lack of jurisdiction and same is appealed to
the second level court, in case of affirmance, what
should the latter do? How about if the dismissal is
reversed?
3. How are the modes of appeal perfected? Explain each
- If an appeal is taken from an order of the lower court dismissing the case for lack of jurisdiction, in case
of affirmance, the RTC, if it has jurisdiction, shall try the case on the merits as if the case was originally
filed with it.
- In case of reversal the case shall be remanded for further proceedings.
When is Appeal Perfected
1. Appeal by notice of appeal – perfected as to the party upon filing of the notice of appeal in due time with the
court that rendered the judgment or final order appealed from and upon payment of the appellate court docket
fee.
Effect: The court loses jurisdiction over the case upon the perfection of the appeal filed in due time and the
expiration of the time to appeal of the other parties.
2. Appeal by record on appeal – perfected as to the party with respect to the subject matter thereof upon the
approval of the record on appeal filed in due time and upon payment of the appellate court docket fee.
Effect: The court loses jurisdiction only over the subject matter upon the approval of the records on appeal
filed in due time and the expiration of the time to appeal of the other parties.
3. Appeal by petition for review – upon the timely filing of a petition for review and the payment of the
corresponding docket and other lawful fees, the appeal is deemed perfected as to the petitioner.
Effect: RTC loses jurisdiction over the case upon the perfection of the appeal and the expiration of the
time to appeal of the other parties.

4. What are the grounds for dismissal of an appeal?
S5 R45
1.
- The failure of the petitioner to comply with any of the 2.
foregoing requirements regarding the payment of the 3.
docket and other lawful fees, deposit for costs, proof of
service of the petition, and the contents of and the 4.
documents which should accompany the petition shall be
sufficient ground for the dismissal thereof. 5.
- The Supreme Court may on its own initiative deny the
petition on the ground that the appeal is without merit, or 6.
is prosecuted manifestly for delay, or that the questions
raised therein are too unsubstantial to require 7.
consideration.
8.
An appeal may be dismissed by the Court of Appeals, on its own motion or on that of the appellee, on the following
grounds:
Failure of the record on appeal to show on its face that the appeal was taken within the period fixed by these Rules;
Failure to file the notice of appeal or the record on appeal within the period prescribed by these Rules;
Failure of the appellant to pay the docket and other lawful fees as provided in Section 5 of Rule 40 and Section 4 of
Rule 41;
Unauthorized alterations, omissions or additions in the approved record on appeal as provided in Section 4 of Rule
44;
Failure of the appellant to serve and file the required number of copies of his brief or memorandum within the time
provided by these Rules;
Absence of specific assignment of errors in the appellant’s brief, or of page references to the record as required in
Section 13, paragraphs (a), (c), (d), and (f) of Rule 44.
Failure of the appellant to take the necessary steps for the correction or completion of the record within the time
limited by the court in its order;
Failure of the appellant to appear at the preliminary conference under Rule 48 or to comply with orders, circulars,
or directives of the court without justifiable cause; and
 9. The fact that the order or judgment appealed from is not appealable
5. What are the special circumstances when the 1. The conclusion of the CA is grounded entirely on speculations, surmises and conjectures;
Supreme Court will consider the review of a case 2. The inference made is manifestly mistaken, absurd or impossible;
on appeal by certiorari? 3. There is grave abuse of discretion;
4. The judgment is based on misapprehension of facts;
5. The findings of facts are conflicting;
6. The CA in making its findings went beyond the issues of the case and the same is contrary to the admissions of
both appellant and appellee;
7. The findings are contrary to those of the trial court;
8. The findings of facts are conclusions without citation of specific evidence on which they are based;
9. The facts set forth in the petition as well as in the petitioner’s main and reply briefs are not disputed by the
respondents;
10. The findings of fact of the CA are premised on the supposed absence of evidence and contradicted by the
evidence on record; or
11. Those filed under Writs of amparo, habeas data, or kalikasan.

QUIZ # 3

1. What is the meaning of the doctrine that “rules of
procedure are mere tools intended to facilitate the
attainment of justice, rather than frustrate it.
Technicalities should never be used to defeat
substantive rights. “
Give an example.
 It is a far better and more prudent course of action for a court to excuse a technical lapse and afford the parties a
review of the case on the merits to attain the ends of justice rather than dispose of the case on technicality and
cause a grave injustice to the parties, giving a false impression of speedy disposal of cases while actually resulting
in more delay, if not a miscarriage of justice.

2. Give a compelling justification in order to relax the

period of appeal?
3. What differentiates between an interlocutory order  A final order is one that disposes of the subject matter in its entirety or terminates a particular proceeding or action,
from a final order? leaving nothing else to be done but to enforce by execution what has been determined by the court.
 An interlocutory order is one which does not dispose of the case completely but leaves something to be decided
upon.
 The rule is that a final order unlike an interlocutory order is appealable.

4. What is a quasi-judicial body? Why is the factual
finding of a quasi-judicial body accorded weight and
respected?
 A quasi-judicial body can adjudicate on matters of law, but only through existing legal basis. They have no actual
judicial power.
 The factual finding of a quasi-judicial body is accorded weight and respected because its functions have acquired
expertise in specific matters within their jurisdiction, and without justifiable reason, its factual findings ought not
to be altered, modified, or reversed.

5. What are the cases cognizable by the Supreme Court?  The cases cognizable by the Supreme Court are petitions fro certiorari, prohibition or mandamus against court of

Section 1 of Rule 56

 Only petitions for certiorari,
prohibition, mandamus, quo warranto, habeas corpus,
disciplinary proceedings against members of the
judiciary and attorneys, and cases affecting
ambassadors, other public ministers and consuls may
be filed originally in the Supreme Court.
appeals; commission on elections; commission on audit; court of tax appeals; and Sandiganbayan.
 Cases under the original jurisdiction of the SC – connect with the jurisdiction of SC based on the Constitution
- Cases to be decided by Supreme Court En Banc
1. All cases involving the constitutionality of a treaty, international or executive agreement, or law (Sec. 4[2],
Art. VIII, 1987 Constitution);
2. All other cases which under the Rules of Court are required to be heard en banc (Ibid.);
3. All cases involving the constitutionality, application or operation of presidential decrees, proclamations,
orders, instructions, ordinances and other regulations (Ibid.);
4. Cases where the required number of vote in a division is not obtained (Sec. 4[3], Art. VIII, 1987
Constitution);
5. Cases involving a modification or reversal of a doctrine or principle laid down previously in a decision
rendered en banc (Ibid.);
6. Cases involving the discipline of judges of lower courts (Sec. 11, Art. VIII, 1987 Constitution); and
7. Contests relating to the election, returns, and qualifications of the President or Vice president. (Sec. 4, Art.
VII, 1987 Constitution)

QUIZ # 4

1. Generally, what is the
nature of a provisional
remedy? Purposes?
 It is a temporary, auxiliary, and ancillary remedy available to a litigant while the main action is pending or until a final disposition of the matter
in litigation is made.
 Its purposes are:
a. To preserve or protect their rights or interests while the main action is pending;
b. To secure the judgment;
c. To preserve the status quo;
d. To preserve the subject matter of the action

2. What are the grounds to - The grounds to grant a writ of preliminary attachment are:
grant a writ of  In an action for the recovery of a specified amount of money or damages, other than moral and exemplary, on a cause of action arising from
preliminary law, contract, quasi-contract, delict or quasi-delict against a party who is about to depart from the Philippines with intent to defraud his creditor;
attachment?  In an action for money or property embezzled or fraudulently misapplied or converted to his own use by a public officer, or an officer of a
corporation, or an attorney, factor, broker, agent, or clerk, in the course of his employment as such, or by any other person in a fiduciary capacity,
or for a willful violation of duty.
 In an action to recover the possession of property unjustly or fraudulently taken, detained or converted, when the property, or any part
thereof, has been concealed, removed, or disposed of to prevent its being found or taken by the applicant or an authorized person;
 In an action against a party who has been guilty of a fraud in contracting the debt or incurring the obligation upon which the action is brought, or
in the performance thereof;
 In an action against a party who has removed or disposed of his property, or is about to do so, with intent to defraud his creditors;
 In an action against a party who does not reside and is not found in the Philippines, or on whom summons may be served by publication.
 3. What are the types of - Preliminary attachment
attachments?  It is the provisional remedy wherein at the commencement of the action or at any time before entry of judgment, a plaintiff or any
proper party may have the property of the adverse party taken into the custody of the court as security for the satisfaction of any
judgment that may be recovered.
- Garnishment
 It is the process in which money or goods in the hands of a third person which are due to the defendant, are attached by the plaintiff.
- Levy on execution of final attachment
 It the attachment issued to enforce a judgment which has become final and executory.

4. Requisites for the 1. AFFIDAVIT.

issuance of a writ of - Affidavit of the applicant, or of some other person who personally knows the facts that:
preliminary a) A sufficient cause of action exists,
attachment? b) The case is one of those mentioned in S1 R57,
c) There is no other sufficient security for the claim sought to be enforced by the action, and
d) The amount due to the applicant, or the value of the property the possession of which he is entitled to recover, is as much as
the sum for which the order is granted.
2. APPLICANT’S BOND or ATTACHMENT BOND.
- A bond executed to the adverse party in the amount fixed by the court in its order granting the issuance of the writ,
conditioned that the applicant will pay all the costs which may be adjudged to the adverse party may sustain by reason of the
attachment, if the court shall finally adjudge that the applicant was not entitled to the attachment.

 The affidavit and the bond must be duly filed with court before the order of attachment issues.

5. How is writ of  By filing a motion with the court in which the action is pending, for an order to set aside or discharge attachment on the ground that the
preliminary attached attachment is improper, irregular, or excessive.
discharged? - Improper means that there was no valid ground for attachment.
- Irregular means that although there was a valid ground for attachment, the proper procedure was not followed as when the
attachment was effected even prior to service of summons.
 Excessive means that more property than is necessary to secure a favorable judgment was attached.

QUIZ # 5

1. Distinguish between: a. Preliminary prohibitory injunction is generally directed against a person not exercising judicial, quasi-judicial or ministerial functions,
a. Preliminary while prohibition is directed against a tribunal, corporation, board, officer or person exercising judicial, quasi-judicial or ministerial
prohibitory functions. Preliminary prohibitory injunction may be the main action itself, or just a provisional remedy in the main action, whereas
injunction and prohibition is always the main action. Where an action for prohibition is filed, the petitioner may seek the provisional remedy of
Petition for writ of preliminary injunction against the respondent.
 Prohibition b. The purpose of mandatory injunction is to compel a party to do a particular act in order to restore the last actual peaceable uncontested
b. Petition for Writ of status which preceded the pending controversy, while mandamus seeks to compel the performance of a ministerial duty. Mandamus is
Mandamus and always a main action while mandatory injunction may be a main action or a provisional remedy. Thus in an action for mandamus the
Preliminary petitioner may pray for the issuance of a writ of preliminary injunction.
Mandatory c.
Injunction
c. Writ of Preliminary
Injunction and
Temporary
Restraining Order

2. Requisites for issuing a a. VERIFIED APPLICATION

preliminary injunction. -The application in the action or proceeding is verified, and shows facts entitling the applicant to the relief demanded.
b. BOND
- Unless exempted by the court, the applicant files with the court where the action or proceeding is pending, a bond executed to
the party or person enjoined, in an amount to be fixed by the court, to the effect that the applicant will pay to such party or
person all damages which he may sustain by reason of the injunction or temporary restraining order if the court should finally
decide that the applicant was not entitled thereto.
- Upon the approval of the requisite bond, a writ of preliminary injunction shall be issued.
c. NOTICE OF RAFFLE
- When an application for a writ of preliminary injunction or a temporary restraining order is included in a complaint or any
initiatory pleading, the case, if filed in a multiple-sala court, shall be raffled only after notice to and in the presence of the
adverse party or the person to be enjoined.
- In any event, such notice shall be preceded, or contemporaneously accompanied, by service of summons, together with a
copy of the complaint or initiatory pleading and the applicant’s affidavit and bond, upon the adverse party in the Philippines.
- However, where the summons could not be served personally or by substituted service despite diligent efforts, or the adverse
party is a resident of the Philippines temporarily absent therefrom or is a non-resident thereof (TSN), the requirement of prior
or contemporaneous service of summons shall not apply.
d. SUMMARY HEARING
- The application for a TRO shall thereafter be acted upon only after all the parties are heard in a summary hearing which shall
be conducted within 24 hours after the sheriff’s return of service and/or the records are received by the branch selected by
raffle and to which the records shall be transmitted immediately.
- The period to conduct the summary hearing is not 24 hours after the case has been raffled but 24 hours after the records are
transmitted to the branch to which it is raffled.

3. Answer Yes or No, then

explain briefly:
a. Can injunction issue
to protect
contingent right?
b. Can injunction issue
to prevent injury?
c. Can injunction issue
 without putting up a
bond?
d. Can a court in
multiple-sala court
issue TRO ex parte?
e. Can a TRO issued
by the RTC be
extended beyond 20
days?

4. Give examples when 1. COLLECTION OF TAXES

injunction by law cannot be - No court shall have the authority to enjoin the collection of any tax, fee, or charge imposed under the National Internal Revenue
issued? Code ( RA 8424).
2. LABOR DISPUTE
- A court cannot issue a temporary or permanent injunction in cases growing out of a labor dispute. (Art 254, Labor Code).
3. GOVERNMENT INFRASTRUCTURE PROJECTS
- No court, except the Supreme Court may issue a temporary restraining order, preliminary injunction, or preliminary mandatory
injunction against the implementation or completion of government infrastructure projects. (RA 8975).
4. ASSET PRIVATIZATION TRUST
- An injunction cannot be issued against the Asset Privatization Trust. The functions of the APT have now been taken over by the
Privatization and Management Office of the Department of Finance.
5. AGRARIAN REFORM
- No court shall issue any restraining order or preliminary injunction against the Presidential Agrarian Reform Council or any of
its duly authorized or designated agencies in any case arising from, necessary to, or in connection with the application,
implementation, enforcement, or interpretation of the Comprehensive Agrarian Reform Law and other pertinent laws on
agrarian reform.

6. FORECLOSURE BY GOVERNMENT FINANCIAL INSTITUTION

- No restraining order or preliminary injunction can be issued against a government financial institution in connection with the
foreclosure of any collateral unless 20% of the arrears have been paid after the filing of the foreclosure proceeding.
7. EXTRAJUDICIAL FORECLOSURE
- No TRO or WPI against the extrajudicial foreclosure of real estate mortgage shall be issued on the allegation that the loan
secured by the mortgage has been paid or is not delinquent unless the application is verified and supported by evidence of
payment.
- No TRO or WPI against the extrajudicial foreclosure of real estate mortgage shall be issued on the allegation that the interest on
the loan is unconscionable, unless the debtor pays the mortgagee at least six percent per annum interest on the principal
obligation as stated in the application for the foreclosure sale, which shall be updated monthly while the case is pending.
8. CONSERVATORSHIP, RECEIVERSHIP, AND LIQUIDATION PROCEEDINGS UNDER THE NEW CENTRAL BANK ACT
- The actions of the Monetary Board in respect of conservatorship, receivership, and liquidation proceedings shall not be
restrained except on petition for certiorari on the ground that the action taken was in excess of jurisdiction or with such grave
abuse of discretion as to amount to lack of or excess of jurisdiction.
- The petition for certiorari may only be filed by the stockholders of record representing the majority of the capital stock within 10
days from receipt by the board of directors of the institution of the order directing conservatorship, receivership, or liquidation.
9. SECURITIES & EXCHANGE COMMISSION
 - No court below the CA shall have jurisdiction to issue a restraining order, preliminary injunction, or preliminary mandatory
injunction in any case, dispute, or controversy that directly or indirectly interferes with the exercise of the powers, duties and
responsibilities of the SEC that falls exclusively within its jurisdiction.

5. When can a preliminary  A final injunction is granted if after the trial of the action it appears that the application is entitled to have the act or acts complained of
injunction become permanently enjoined.
final? - The final injunction shall perpetually restrain the party or person enjoined from the commission or continuance of the acts or
acts or confirm the preliminary mandatory injunction.