Escolar Documentos
Profissional Documentos
Cultura Documentos
Motion for Execution; Court cannot motu proprio issue of Writ of Execution;
Ex. June 1, 2007 (entry of judgment) June 1, 2012 you can file a motion for execution
After 5 years but before the expiration of 10 years, you can file Independent action for revival of
judgment. If granted by court, and becomes final and executory, Upon entry of judgment of the revived
judgment you can file within 5 years, motion for execution;
After 5 years, from the entry of the revived judgment, you have 10 years from the entry of the revived
judgment , you can file action for revival of judgment
Filing of Affidavit to Sheriff and Judgment Obligee suspends the execution over that particular property
Sec. 40
Sec. 41
Receivership
Sec. 42
Sec. 45
Sec. 47
Appeal
Rule 40
Ordinary Appeal Petition for Review
Rule 40 Rule 41 Rule 42
MTC to RTC RTC (original RTC
jurisdiction) - (appelate
CA jurisdiction)
to CA
How Filing Notice of
Appeal
Record of Appeal
(Compilation of
all pleadings filed
in court) in case
of Spec Pro or
cases with
multiple appeal
Rule 46-56
CA SC
Original Cases Certiorari, Mandamus, Certiorari, Mandamus,
Prohibition, Prohibition,
Appeal to Rules 41, 42, 44, 43 Rule 45
Annulment of Judgment Annulment by CA of judgments No Annulment of Judgment
or final orders and resolutions in
civil action of RTC
The only instance that CA will
issue summons
Preliminary Conference Equivalent of Pre-Trial; If Yes,
appellan t is absent during P.C.,
appeal will be dismissed.
Oral Argument Yes Yes
Notice of Hearing No need No need
Rule 51 Judgment Division 3- Unnanimous voted
must obtain
Division of 5 Majority
Decision of CA is promulgated
Rule 52 Motion for 15 days cannot be extended Yes
Reconsideration Resolution of Judgment: 90 days
Resolution of Judgment of MR
of Trial Court : 30 days
Rule 53: Motion for New Trial Only Ground: Newly Discovered None
Evidence
You could file MNT from the
time appeal is perfected and as
long as CA has jurisdiction
Rule 54: Publication Court of Appeal Report Philippine Reports
Rule 55
Rule 56