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Rule 40
Appeal from MTC to RTC
Rule 41
Appeal from the RTC
In all these cases, aggrieved party may file an appropriate civil action
under Rule 65.
Rule 42
Petition for Review from the RTC to the CA
Rule 43
Appeals from the CTA and Quasi-Judicial Agencies to the CA
Appeals from judgments and final orders of the Court of Tax Appeals and
quasi-judicial agencies in exercise of quasi-judicial functions (unless otherwise
provided by law and the Labor Code [NLRC decisions]) shall be by petition for
review to the CA, to be taken within 15 days from notice of award or judgment
or from notice of the denial of the motion for reconsideration. Only 1 Motion for
reconsideration allowed
Case:
Tsoi vs. Court of Appeals the Regional Trial Court of Quezon City (Branch
89) which decreed the annulment of the marriage on the ground of
psychological incapacity. Petitioner appealed the decision of the trial court to
respondent Court of Appeals (CA-G.R. CV No. 42758) which affirmed the Trial
Court's decision November 29, 1994
Rule 45
Appeal by Certiorari to the Supreme Court
The CA, in making its findings, went beyond the issues of the case and the
same is contrary to the admissions made. CA manifestly overlooked certain
relevant facts not disputed by the parties and which, if properly considered,
would justify a different conclusion. Certiorari as mode of appeal. From
judgment or final order of the CA, Sandiganbayan, RTC on pure questions of
law, or other courts whenever authorized by law, by filing a petition for review
on certiorari with the SC within 15 days from notice of judgment.
Case:
Cecilio de Villa vs. Court of Appeals. An RTC judge has no right to disapprove a
notice of appeal on the ground that the issues raised involve a pure question of
law, and that the mode of appeal is erroneous. That is the prerogative of the
CA, not the RTC judge. A notice of appeal need not be approved by the judge,
unlike a record on appeal.
RULE 47
Coverage: This Rule shall govern the annulment by the Court of Appeals
of judgments or final orders and resolutions in civil actions of Regional Trial
Courts for which the ordinary remedies of new trial, appeal, petition for relief or
other appropriate remedies are no longer available through no fault of the
petitioner.
As a General Rule
Annulment of Judgment is available only to a litigant. But for exemption
if a person need not to be a party to the judgment sought to be annulled. What
is essential is that he an prove his allegation that the judgment was obtained
by the use of fraud and collusion and he would be adversely affected thereby.
RULE 48
Preliminary Conference
At any time during the pendency of a case, court may call the partied
and their counsel. To define, simplify and clarify the issues for determination.
To consider the possibility of an amicable settlement except when the case is
not allowed by law to be compromised. To formulate stipulations of facts and
admissions of documentary exhibits, limit the number of witnesses to be
presented. And to take up such other matters which may aid the court in
prompt disposition of the case. Remember, failure to appear at the preliminary
conference is a ground for dismissal of the petition.
RULE 49
Oral Argument
When allowed. — At its own instance or upon motion of a party, the court
may hear the parties in oral argument on the merits of a case, or on any
material incident in connection therewith.
The oral argument shall be limited to such matters as the court may
specify in its order or resolution. As a GENERAL RULE: Only one counsel may
be allowed to argue for the party. EXCEPT: If the court authorizes to have
more than one counsel to represent the party. The duration allowed for each
party, the sequence of the argumentation, and all other related matters shall be
as directed by the court. (n)
No hearing or oral argument for motions. — Motions shall not be set for
hearing and, unless the court otherwise directs, no hearing or oral argument
shall be allowed in support thereof. The adverse party may file objections to the
motion within five (5) days from service, upon the expiration of which such
motion shall be deemed submitted for resolution.
RULE 50
Dismissal of Appeal
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,
Rule 40 and section 4 of Rule 41; (Bar Matter No. 803, 17 February
1998).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
Appeal may also be dismissed by:
1. By agreement of the parties, as where the case was amicably settled by
them;
2. When the appealed case became moot and academic;
3. Where the appeal is frivolous or dilatory
Note: While under section 3 of Rule 50, an appeal may be withdrawn by the
appellant as a matter of right at any time before the filing of the appellee’s brief;
however the rule does not apply where the notice of withdrawal filed by new
counsel did not bear appellant’s conformity.
RULE 51
Judgment
A case shall be deemed submitted for judgment in ordinary appeals.
1) Where no hearing on the merits of the main case is held, upon the filing of
the last pleading, brief, or memorandum required by the Rules or by the court
itself, or the expiration of the period for its filing.
2) Where such a hearing is held, upon its termination or upon the filing of the
last pleading or memorandum as may be required or permitted to be filed by
the court, or the expiration of the period for its filing.
The appellate court can only rule on the basis of grounds raised as errors on
appeal.
Except:
1. Those affecting jurisdiction over subject matter
2. Evidently plain and clerical errors within the contemplation of the law;
3. In order to subserve the ends of justice;
4. Matters raised in the trial court having some bearing on the issue which the
parties failed to raise or which the lower court ignored; and
5. Matters closely related to an error assigned.
RULE 52
Motion for Reconsideration
A party may file a motion for reconsideration of a judgment or final
resolution within 3fifteen (15) days from notice thereof, with proof of service on
the adverse party. No second motion for reconsideration of a judgment or final
resolution by the same party shall be entertained. In the Court of Appeals, a
motion for reconsideration shall be resolved within ninety (90) days from the
date when the court declares it submitted for resolution. The pendency of a
motion for reconsideration filed on time and by the proper party shall stay the
execution of the judgment or final resolution sought to be reconsidered unless
the court, for good reasons, shall otherwise direct. (n)
RULE 53
New Trial
At any time after the appeal from the lower court has been perfected and
before the Court of Appeals loses jurisdiction over the case, a party may file a
motion for a new trial on the ground of newly discovered evidence which could
not have been discovered prior to the trial in the court below by the exercise of
due diligence and which is of such a character as would probably change the
result. The motion shall be accompanied by affidavits showing the facts
constituting the grounds therefore and the newly discovered evidence. The
Court of Appeals shall consider the new evidence together with that adduced at
the trial below, and may grant or refuse a new trial, or may make such order,
with notice to both parties, as to the taking of further testimony, either orally in
court, or by depositions, or render such other judgment as ought to be
rendered upon such terms as it may deem just. In the Court of Appeals, a
motion for new trial shall be resolved within ninety (90) days from the date
when the court declares it submitted for resolution. Unless the court otherwise
directs, the procedure in the new trial shall be the same as that granted by a
Regional Trial Court. (3a)
RULE 54
Internal Business
All the cases of the Court of Appeals shall be allotted among the different
divisions thereof for hearing and decision. The Court of Appeals, sitting en
banc, shall make proper orders or rules to govern the allotment of cases among
the different divisions, the constitution of such divisions, the regular rotation of
Justices among them, the filing of vacancies occurring therein, and other
matters relating to the business of the court; and such rules shall continue in
force until repealed or altered by the Supreme Court.
A majority of the actual members of the court shall constitute
a quorum for its sessions en banc. Three members shall constitute
a quorum for the sessions of a division. The affirmative votes of the majority of
the members present shall be necessary to pass a resolution of the court en
banc. The affirmative votes of three members of a division shall be necessary
for the pronouncement of a judgment or final resolution, which shall be
reached in consultation before the writing of the opinion by any member of the
division. (Sec. 11, first par. of BP Blg. 129, as amended by Sec. 6 of EO 33).
(3a)
RULE 55
Publications of Judgments and Final Resolutions
The judgments and final resolutions of the court shall be published in
the Official Gazette and in the Reports officially authorized by the court in the
language in which they have been originally written, together with the syllabi
therefore prepared by the reporter in consultation with the writers thereof.
Memoranda of all other judgments and final resolutions not so published shall
be made by the reporter and published in the Official Gazette and the
authorized reports. The reporter shall prepare and publish with each reported
judgment and final resolution a concise synopsis of the facts necessary for a
clear understanding of the case, the names of counsel, the material and
controverted points involved, the authorities cited therein, and a syllabus
which shall be confined to points of law. (Sec. 22a, R.A. No. 296)
The published decisions and final resolutions of the Supreme Court shall
be called "Philippine Reports," while those of the Court of Appeals shall be
known as the "Court of Appeals Reports." Each volume thereof shall contain a
table of the cases reported and the cases cited in the opinions, with a complete
alphabetical index of the subject matters of the volume. It shall consist of not
less than seven hundred pages printed upon good paper, well bound and
numbered consecutively in the order of the volumes published. (Sec. 23a, R.A.
No. 296)
RULE 56
A. Original Cases
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.
The procedure in original cases for certiorari,
prohibition, mandamus, quo warranto and habeas corpus shall be in
accordance with the applicable provisions of the Constitution, laws, and Rules
46, 48, 49, 51, 52 and this Rule, subject to the following provisions:
a) All references in said Rules to the Court of Appeals shall be understood to also
apply to the Supreme Court;
b) The portions of said Rules dealing strictly with and specifically intended for
appealed cases in the Court of Appeals shall not be applicable; and
c) Eighteen (18) clearly legible copies of the petition shall be filed, together with
proof of service on all adverse parties.
d) The proceedings for disciplinary action against members of the judiciary shall
be governed by the laws and Rules prescribed therefor, and those against
attorneys by Rules 139-B, as amended.
B. Appealed Cases
An appeal to the Supreme Court may be taken only by a petition for
review on certiorari, except in criminal cases where the penalty imposed is
death, reclusion perpetua or life imprisonment.
The appeal shall be governed by and disposed of in accordance with the
applicable provisions of the Constitution, laws, Rules 45, 48, sections 1, 2, and
5 to 11 of Rule 51, 52 and this Rule.
The appeal may be dismissed motu proprio or on motion of the
respondent on the following grounds:
a) Failure to take the appeal within the reglementary period;
b) Lack of merit in the petition;
c) Failure to pay the requisite docket fee and other lawful fees or to make a
deposit for costs;
d) Failure to comply with the requirements regarding proof of service and contents
of and the documents which should accompany the petition;
e) Failure to comply with any circular, directive or order of the Supreme Court
without justifiable cause;
f) Error in the choice or mode of appeal; and
g) The fact that the case is not appealable to the Supreme Court. (n)