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1. Judgment
-> A judgment is the final ruling by a court of competent jurisdiction
regarding the rights or other matters submitted to it in an action or
proceeding. (Macahilig v. Heirs of Magalit)
-> It shall be in writing personally and directly prepared by the judge, stating
clearly the and distinctly the facts and the law on which it is based, signed by
him, and filed with the clerk of the court. (R36 Sec.1)
2. Final Order
-> An order or judgment is deemed final when it finally disposes of the
pending action so that nothing more can be done with it in the trial court. In
other words, a final order is that which gives an end to the litigation. (PLDT
Employees Union v. PLDT Free Telephone Workers Union; 97 Phil. 424)
3. Interlocutory Order
-> Interlocutory orders are those that determine incidental matters that do
not touch on the merits of the case or put an end to the proceedings.
(Silverio, Jr. v. Filipino Business Consultants; 466 SCRA 584)
4. Final and Executory Judgment
-> A "final judgment" [x x x] becomes final upon expiration of the period to
appeal therefrom if no appeal has been duly perfected or, an appeal
therefrom having been taken, the judgment of the appellate tribunal in turn
becomes final and the records of the case are returned to the Court of origin.
The "final" judgment is then correctly categorized as a "final and executory
judgment" in respect to which, as the law explicitly provides, "execution shall
issue as a matter of right."[x x x] [O]nly a final judgment or order [x x x] can
become final and executory. (Investments, Inc. v. CA; 147 SCRA 334)
5. Error in judgment
-> An error of judgment is one which the court may commit in the exercise of
its jurisdiction, and which error is reviewable only by an appeal. As long as
the court acts within its jurisdiction, any alleged errors committed in the
exercise of its discretion will amount to nothing more than mere errors of
judgment, correctible by an appeal if the aggrieved party raised factual and
legal issues; or a petition for review under Rule 45 of the Rules of Court if
only questions of law are involved. (San Fernando Rural Bank, Inc. v.
Pampanga Omnibus Development Corporation and Dominic G. Aquino)
6.
An error in jurisdiction is one where the act complained of was issued by the
court without or in excess of jurisdiction (Cabrera vs. Lapid). Errors of
jurisdiction occur when the court exercises a jurisdiction not conferred upon
it by law. It may also occur when the court or tribunal although with
The effect of an order granting a new trial is to wipe out the previous
adjudication so that the case may be tried de novo for the purpose of
rendering a judgment in accordance with law, taking into consideration the
evidence to be presented during the second trial.
Consequently, a motion for new trial is proper only after the rendition or
promulgation of a judgment or issuance of a final order. A motion for new
trial is only available when relief is sought against a judgment and the
judgment is not yet final.
13. Grounds for a Motion for New Trial
Rule 37 Sec. 1
a) Fraud, accident, mistake, or excusable negligence w/c ordinary prudence
could not have guarded against and by reason of w/c such aggrieved party
has probably been impaired in his rights
b) Newly discovered evidence, w/c he could not, with reasonable diligence,
have discovered and produced at the trial, and which, if presented, would
probably alter the result
14.
Trial de novo
G.R. No. 17260 Crisostomo v Dir. of Prisons
A trial de novo, it has been said, means a new trial in the same manner, with
the same effect, and upon the same issues as the case was tried in the lower
court, in accordance with the rule of practice in the appellate court.
G.R. No. 47833 Lizo v Carandang
by trial de novo is meant that the Court of First Instance shall try the case
without regard to the proof presented in the justice of the peace court or to
the conclusions reached by it.
The Court of First Instance should not affirm, reverse, or modify the ruling of
the justice of the peace court, but it should make its own findings, lay down
its own conclusions, and dispose of the case as if the same had never been
tried before and had been originally commenced therein.
15. Pro forma Motion for New Trial and Motion for Reconsideration
Coquilla v. Commission on Elections (examples lng, if you wanna
put them)
in the cases where a motion for reconsideration was held to be pro
forma, the motion was so held because (1) it was a second motion
for reconsideration, or (2) it did not comply with the rule that the
motion must specify the fi ndings and conclusions alleged to be
contrary to law or not supported by the evidence, or (3) it failed
to substantiate the alleged errors, or (4) it merely alleged that the
19 Appeal
The remedy to obtain reversal or modification of judgment on the
merits is appeal. This is true even if the error, or one of the errors,
ascribed to the court rendering the judgment is its lack of jurisdiction
over the subject matter, or the exercise of power in excess thereof, or
grave abuse of discretion in the findings of facts or of law set out in the
decision. (Association of Integrated Security Force of Bislig v. CA)
An appeal may be taken from judgments or final orders that
completely dispose of the case. (Rule 41, Sec 1)
20 Ordinary Appeal
Applies to appeals from the judgment or final order of the Regional Trial
Court in the exercise of its original jurisdiction. (Rule 41, Sec 2 [a])
Also referred to as an appeal by writ of error on questions of fact or
mixed questioned of fact and law. (Republic v. Malabanan, Oct 6 2010)
25. Residual jurisdiction
RULE 42 Sec. 8
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. The Regional Trial Court loses jurisdiction over the case
upon the perfection of the appeals filed in due time and the expiration of the
time to appeal of the other parties. However, before the Court of
Appeals gives due course to the petition, the Regional Trial Court
may issue orders for the protection and preservation of the rights of
the parties which do not involve any matter litigated by the appeal,
approve compromises, permit appeals of indigent litigants, order
execution pending appeal in accordance with section 2 of Rule 39,
and allow withdrawal of the appeal.
RULE 41 Sec. 9
A partys appeal by notice of appeal is deemed perfected as to him upon the
filing of the notice of appeal in due time. A partys appeal by record on
appeal is deemed perfected as to him with respect to the subject matter
thereof upon the approval of the record on appeal filed in due time. In
appeals by notice of appeal, the court loses jurisdiction over the case upon
the perfection of the appeals filed in due time and the expiration of the time
to appeal of the other parties. In appeals by record on appeal, the court loses
jurisdiction only over the subject matter thereof upon the approval of the
records on appeal filed in due time and the expiration of the time to appeal
of the other parties. In either case, prior to the transmittal of the
original record or the record on appeal, the court may issue orders
for the protection and preservation of the rights of the parties
which do not involve any matter litigated by the appeal, approve
compromises, permit appeals of indigent litigants, order execution
pending appeal in accordance with section 2 of Rule 39, and allow
withdrawal of the appeal.
26.
RECORD
ON APPEAL
MULTIPLE
APPEALS
PETITION
FOR
CERTIORARI
RULE 65 Sec. 1
When any tribunal, board or officer exercising judicial or quasi-judicial
functions has acted without or in excess of its or his jurisdiction, or with
PETITION
FOR
PROHIBITION
RULE 65 Sec. 2
When the proceedings of any tribunal, corporation, board, officer or person,
whether exercising judicial, quasi-judicial or ministerial functions, are without
or in excess of its or his jurisdiction, or with grave abuse of discretion
amounting to lack or excess of jurisdiction, and there is no appeal or any
other plain, speedy, and adequate remedy in the ordinary course of law, a
person aggrieved thereby may file a verified petition in the proper court,
alleging the facts with certainty and praying that judgment be rendered
commanding the respondent to desist from further proceedings in the action
or matter specified therein, or otherwise granting such incidental reliefs as
law and justice may require.
The petition shall likewise be accompanied by a certified true copy of the
judgment, order or resolution subject thereof, copies of all pleadings and
documents relevant and pertinent thereto, and a sworn certification of nonforum shopping as provided in the third paragraph of section 3, Rule 46.
30.
PETITION
FOR
MANDAMUS
RULE 65 Sec. 3
When any tribunal, corporation, board, officer or person unlawfully neglects
the performance of an act which the law specifically enjoins as a duty
resulting from an office, trust, or station, or unlawfully excludes another from
the use and enjoyment of a right or office to which such other is entitled, and
there is no other plain, speedy and adequate remedy in the ordinary course
of law, the person aggrieved thereby may file a verified petition in the proper
court, alleging the facts with certainty and praying that judgment be
rendered commanding the respondent, immediately or at some other time to
be specified by the court, to do the act required to be done to protect the
rights of the petitioner, and to pay the damages sustained by the petitioner
by reason of the wrongful acts of the respondent.