CIVIL PROCEDURE

REMEDIES AFTER JUDGMENT

 Part I- BEFORE THE FINALITY OF THE DECISION

 A) MOTION FOR RECONSIDERATION – To be filed by the losing party who

is either the plaintiff, defendant, cross-claimant, third party plaintiff or
defendant etc. asking the court to reverse its decision on the following:
*GROUNDS:
1. The damages awarded are excessive
2. The evidence of the winning party is insufficient to justify the judgment or
final order, or,
3. The decision or final order is contrary to law
Note: A court would, if at all, rarely admit error and reverse its judgment!
 Motion for Reconsideration

 To be filed within 15 days from receipt of the DECISION.

 To count: Exclude the day of receipt. (Example: Decision was received on
March 31, 2018. The last day of filing will be on April 15, 2018)
 If the last day of filing is a holiday or a non working day, the last day will be
the next working day.
 The MR will be filed with the trial court which rendered the
decision/judgment
 Motion for Reconsideration

 A) CONTENTS AND FORM:

 1. Point out the findings and conclusions in the judgment that are not
supported by evidence or which are contrary to law.
 2. Make reference to the testimonial or documentary evidence.
 3. Quote the provisions of law, including jurisprudence that sre contrary
to the findings.
 FORM a) In writing
b) Stating the Grounds
c) With a written notice which shall be served by the movant to the adverse party
 Motion for Reconsideration

 Examples:
 1. In a Petition for Support- The award of support is more than the
income of the respondent.
The live-in partner is awarded support (contrary to law)
 2. In an Unlawful Detainer case, the actual damage proven was
P10,000 but the award was P100,000 (excessive)
 3. In an Collection for sum of money – No proof of agreement as to the
interest ( which, to be valid must be in writing) but the court’s computation
included 3% monthly interest. (Insufficient evidence/ contrary to law)
 Motion For Reconsideration

NOTE: IT IS A LITIGATION MOTION, HENCE, Set it for hearing, and give notice
to all the parties concerned.
Example: Juan Dela Cruz
Addres_________

NOTICE OF HEARING

SIR:

Please take notice that the undersigned has set the foregoing Motion for hearing on ____________________ x x x x

Note: Failure to set it for hearing and to give notice the adverse party/ies has
the effect of not having filed any motion and the running of the period for the
finality of the decision will not be tolled.
 Motion for Reconsideration

 An MR is considered Pro Forma when it does not satisfy the requirements

like:
 A) It fails to make reference to the testimonial and documentary
evidence on record;
 B) It fails to cite the provision of law that is contrary to the decision or
final order
 C) It did not state why the decision or final order is contrary to existing
laws on the subject matter of the case.
Note: A Pro Forma MR will not toll the running of the for the finality of the
decision
 Motion for Reconsideration

 MR must be resolved within 30 from its submission for resolution

 If granted: Decision will be amended.
 If Denied: The denial of the MR is not appealable
Remedy: File an Appeal against the Judgment or Final Order which
was the subject of the MR.
The party has another 15 days from receipt of the Denial of
the MR (Napes Case) to file an appeal.
 Cases covered by the Summary Procedure

 Motion for Reconsideration is a prohibited pleading

 Note: If an ejectment case resolved by the MTC was appealed to the
RTC, the decision of the RTC can be the subject of an MR.
 Reason: When the case was appealed to the RTC, the case is no longer
covered by the Rule on Summary Procedure.

 Note: A court on its own may modify the Decision/Order it issued.

 Motion for New Trial

 A losing party may file a Motion For New Trial on the following
 GROUNDS:
 1. Fraud, accident, mistake or excusable negligence that ordinary prudence
could not have guarded and impaired the movant party’s rights.
a) Fraud- committed by the winning party outside of the trial and because of the
Fraud, the losing party (movant) was unable to present its side.
Examples:1. The winning party conceals the pendency of the action by deliberately
gave a false address of the losing party to the court prevent him/her from being
notified of the court processes and from appearing in court.
2. Keeping the losing party from the proceedings with a false promise of
compromise.
 Motion for New Trial

 2. mistake- Erroneous conviction of law and the party omits to do an

act. (Note: Erroneous conviction of law is different from ignorance of the
law) Example: The losing party failed to file an answer because a
compromise agreement was about to be entered.
 3. accident- Event that takes place without anyone’s foresight or
expectation. Without negligence on the part of the movant.
Examples: - Illness
-loss or delay in the mails resulting in a late answer.
 Motion for New Trial

 4. Excusable Negligence – What is considered as excusable negligence

depends on the actual circumstance of the case.
- Volume of work is not considered excusable negligence, hence
failure of a party to submit any mandatory pleading within the required
period is not a ground for new trial.
 Motion for New Trial

 B) NEWLY DISCOVERED EVIDENCE

1) Discovered after trial
b) Could not have been discovered and produced during trial even with the
exercise of reasonable diligence.
c) Evidence is material and not merely corroborative
d) That evidence can alter the decision if only admitted.
Example:In a case for collection of sum of money: the newly discovered evidence is
the proof of payment which was thought to be lost in a flood but was discovered to be
in another place.
Note: MNT is available even on appeal but only on the ground of NDE
 APPEAL

 Ask a superior court to review the decision/final order of an inferior court or

administrative agency on the following
 GROUND:
1. Error of judgment ( either in the appreciation of facts and evidence
presented or in the application of existing laws.
Note: * Issue/s not raised during trial cannot be raised for the first time on
appeal
* The appeal opens the entire case for review and thus, even part of
the decision that are not appealed may still be modified by the reviewinf
court.
 MTC/MTCC/MCTC TO THE RTC

 To be filed with the RTC that has jurisdiction

 To be filed within 15 days from notice of the decision/final judgment
 Period to appeal is interrupted by the filing of a Motion for Reconsideration of
Motion for New Trial (for as long the same is not pro forma
 Appeal is deemed perfected by filing the either of the following to the court
that rendered the decision/final order:
1. A record on appeal in Special Proceedings and other cases where there is
multiple or separate appeals( Example: both parties appealed the decision or
several parties appealed the decision.
2. Notice of Appeal in other cases where only one party is appealing the
decision
 MTC/MTCC/MCTC TO THE RTC

 Upon receipt of the Record on Appeal or Notice of Appeal, the court

which rendered the appealed decision must transmit the records of the
case to RTC
 Upon transmittal of the records, RTC to notify the parties of such transmittal
 The appellant (party who filed the appeal) must submit a Memorandum of
Appeal within 15 days from receipt of the Notice of Transmittal (the
Memorandum must discussed the errors committed by the lower court)
copy furnished the adverse party
Note: If Memorandum is not submitted, the appeal will be dismissed.
 MTC/MTCC/MCTC TO THE RTC

 Within 15 days from receipt of the appellant’s memorandum, the appellee

( winning party against whom the appeal was filed) may file a
memorandum.
 Upon submission of the appellee’s memorandum or the expiration of the
period for him/her to file, the case shall be submitted for resolution.
Note: If a case is dismissed for lack of jurisdiction and the RTC finds that it
has jurisdiction- the RTC will not dismiss it but instead try the case as if it was
originally filed with said RTC.
 FROM THE RTC TO THE CA

 KINDS OF APPEAL
 1. ORDINARY APPEAL
 2. PETITION FOR REVIEW
 3. APPEAL BY CERTIORARI
 RTC TO CA

 1. ORDINARY APPEAL - The appeal from the RTC to the Court of Appeals
if the case was decided by the RTC in the exercise of its original jurisdiction.
 Procedure:
1. File a Notice of Appeal with the Regional Trial Court that decided the
case within 15 days from receipt of the Decision
2. For Special Proceedings cases and other cases with multiple appeals,
the Record on Appeal must be filed within 30 days.
 RTC TO CA

 2. PETITION FOR REVIEW - If the case was decided by the RTC in its
appellate capacity, the decision/final order may be elevated to the Court
of Appeals by filing a Petition for Review
 Period of Filing:
a)15 days from notice of the Decision of the RTC if there is no Motion for
Reconsideration or Motion for New Trial Filed.

b) If an MR or MNT was filed, 15 days from the denial of the MR or MNT

 RTC TO CA(Petition for Review)

 FORMS AND CONTENTS

1. A Verified Petition for Review will be filed with the Court of Appeals
The Regional Trial Court that rendered the decision and the adverse party
are furnished copies.
Filed in 7 legible copies (The original intended for the CA must be
indicated)
Full names of the parties stated
Indicate material dates to show timeliness of the petition
Indicate the issues raised
 RTC TO CA(Petition for Review)

 FORMS AND CONTENTS OF THE PETITION

STATE THE ERRORS OF LAW AND OR FACT COMMITTED BY THE RTC
STATE THE REASONS AND ARGUMENTS WHY THE RTC COMMITTED THE
ERRORS
Duplicate Original or Certified True Copies of the assailed decision must
be attached
Accompanied by a Certificate of Non-Forum shopping
Note: Failure to comply with the requirements is a ground for the dismissal of
the petition for review.
 RTC TO CA(Petition for Review)

 When is Appeal by petition for review deemed perfected?

-By filing the Verified Petition within 15 days and the payment of docket
and other lawful fees
-When the appeal is perfected, the RTC loses jurisdiction but before the
Appeal is given due course, it can issue orders for the protection and
preservation of the rights of the parties such as but only as to issues not
covered by the appeal. Such as:
1. Approve compromise agreement
2. Permit appeal as indigent litigant
3. Order execution pending appeal
 RTC TO CA(Petition for Review)

 The CA may dismiss the petition if it finds it without merit or require the
respondent to file comment.
 The comment shall also be filed in 7 legible copies.
 Appeal by certiorari to the Supreme Court

 An appeal by Certiorari is filed directly to the Supreme Court on pure

questions of law.
 A question of law exist when there a doubt as to what law is applicable on
certain facts.
 Hence, the law which was wrongly applied or interpreted by the trial court
is clearly stated.
Test: The is pure question of law when the Appellate court can decide on
the Petition without reviewing the evidence on record. Otherwise, there is
question of fact and law.
 Appeal by certiorari to the Supreme Court

 Filed within 15 days from receipt of the decision appealed from

 If MR or MNT was filed, 15 days from receipt of the Order denying the MR or
MNT
 The SC may give an extension of 30 days to file the Petition
 To be filed in 18 copies
Next Meeting: Remedies after the finality of Judgment.