Rule 40 Appeals from the MTC to the RTC MTC is also known as the first level court, which

is the lowest court in the hierarchy of courts. MTC covers different courts in the first level court Municipal Trial Court in Cities, Municipal Circuit Trial Court and MTC proper. Decisions of the MTC are appealable to the RTC. Appeals from the MTC to the RTC is done only by ordinary appeal. Two kinds of ordinary appeal: 1. notice of appeal allowed only in ORDINARY civil actions 2. records on appeal + notice of appeal required only in SPECIAL PROCEEDINGS or in cases of MULTIPLE APPEALS ( where there are several issues) the period for filing a notice of appeal only 15 days from notice of the decision; from the moment you receive the decision of the court that is adverse to you the period for filing a record on appeal only 30 days Which RTC will you appeal the case? Every RTC court has a specified or designated territorial jurisdiction, so you appeal in the RTC that exercises jurisdiction over the MTC which rendered judgment in your case. The RTC of Cebu in capitol exercises jurisdiction over all the MTCs in Cebu City, Talisay, Minglanilla, San Fernando upto Naga. Carcar not included Mandaue have their own RTC. In fact there are 3 branches there. This RTC covers Consolasion and Liloan. Danao have their own RTC. Compostella and Danao are included here. Lapu-Lapu have their own RTC. Cordova is included here. Bogo has their own RTC and it has a vast jurisdiction Bogo, San Remegio, Daan Bantayan, Medelien Examples of special proceedings: 1. Certiorari 2. Prohibition 3. Mandamus 4. Quo Warranto 5. Settlement of estate of a diseased person 6. Expropriation 7. Partition Multiple appeal refers to the case where you are allowed by the law to make PARTIAL appeals. It is a case that can be divided into parts. If the court decides a certain portion of that case, you can immediately appeal the decision of the court insofar as that issue is concerned while letting the remaining issues continue in the lower court. The period is longer in appeal by records on appeal because when you appeal by mere notice of appeal, it is very easy to do. You can do it in several minutes. All you have to submit to the court is just a notice that you received the decision, you are not happy with the decision and that you have decided to appeal that decision to the higher appellate court. It is usually just a sentence or a paragraph which says, that notice is hearby served that the plaintiff received a copy of the decision of the honorable court dated xx, and it is not satisfied with the decision and is appealing that decision to the appellate court. Material data rule only 2 important dates that you have to mention - date when you received the decision - date when you filed your appeal - the date of the decision is immaterial; the period to appeal will only start to run on the date when you received the decision the notice of appeal must contain the material dates, otherwise, the appeal can be dismissed When you file a records on appeal, the rules provides for a longer period. You not only have to file the notice of appeal but also the records as well. The records on appeal contains a compilation of all the pleadings, motions and orders of the court with regard to that particular case and it is presented in chronological order for the guidance of the court.

Payment of the docket fee or the appeal fee is paid in the COURT OF ORIGIN, as stated in the new rules. You pay it in the court which rendered the judgment that you are appealing. (old rule) The rule before was that when you file an appeal, you dont pay the docket fee right away in the court of origin. Before, you just file a notice of appeal and the MTC clerk will complete the records, forward them to the RTC and the RTC will inform the parties that the records are already there and then the appellants are then required to pay the docket fee and file their memorandum. In the new rules, you have to pay the docket fee in the court of origin. Whether it is a notice of appeal or a records of appeal, you have to pay the docket fee in the court of origin. You pay the fee within the period to file your appeal. Either 15 days or 30 days as the case may be. It is possible that you will file your notice of appeal even if you still dont have the money. Just pay the docket fee before the lapse of the period to appeal. If you do not pay the docket fee, your appeal will be a mere scrap of paper. It will not be accepted by the court. But the usual/ normal practice or procedure is that when you file your appeal, you also pay the docket fee at the same time in the court of origin. When an appeal is made from the MTC to the RTC, there will be no changes in the structure of the caption of the case, except the addition of the words appellant and appellee. This is a new innovation introduced by the new rules. You do not anymore change the order. In one case, the case of Santos, if the appellant fails to pay the docket fee, the SC said that the payment of the docket is not one of the requirements of the perfection of an appeal from the MTC to the RTC. Therefore, even if the appellant fails to pay the docket fee when he appeals, it is not a ground for the dismissal of the appeal. So the appellant will be required to pay even if beyond the required to pay. The RTC can give him a chance to pay. But not the same rules applies in appeals from the RTC to the CA. When you appeal the decision of the RTC to the CA, you have to pay the docket fee. Otherwise, it is one of the grounds for the dismissal of your appeal. Duties of the clerk of court once the appellant has perfected his appeal to the RTC: (After the clerk of court receives notice of appeal ) 1. to complete the records of the case/ to prepare the entire records of the case for the submission to the RTC (he is given 15 days to complete the records) 2. to forward the records of the case to the RTC 3. once received by the RTC, the clerk of court of the RTC will send out notices to the appellants and the appellee; it will inform the appellant that the records of the case have been received and that the appellant is required to file his memorandum (appellants memorandum) and a copy to be furnished to the appellee. The appellant is given 15 days from receipt of the order of the RTC to file his memorandum and it contain all the arguments why the decision of the MTC has to be reversed. It has to contain all the errors of the MTC and has to state the arguments why the decision of the MTC is wrong. A copy of the memorandum should be given to the appellee and the appellee is given 15 days from the receipt of the appellants memorandum to file his appellees memorandum. The appellees memorandum will be an answer of the appellants memorandum. He will defend the decision of the lower court. It will state why the decision of the MTC is correct. It could be also that the appellee will disagree with the decision of the MTC so the appellee can also attack the decision of the MTC. So both parties will now appeal. The appellee cannot attack the decision of the MTC in his appellees memorandum. All he has to do is also appeal. The appellee cannot question the judgment of the MTC. Your job as an appellee is to protect/ defend the decision of the MTC. If you disagree, you join with the appellant to question the decision of the MTC. It could also be that you disagree with a portion of that judgment so you question and appeal on that portion. Like you agree with the decision but you disagree with the amount of damages. Submission of the appellants memorandum is mandatory. otherwise, it is a ground for the dismissal of the appeal. While the appellees memorandum is just optional. Effect if the MTC will dismiss the case without trial on the merits like if the case is dismissed for technical grounds. Like the lack of jurisdiction over the case.

If the RTC found out that the MTC is correct in dismissing the case, that the RTC should have entertained the case, and the appellant appealed the case to the RTC, the RTC may assume jurisdiction over the case as if the case was originally filed there. This is the new rule. In the old rule, the RTC should dismiss the case because the appeal is wrong. The dismissal of the MTC is correct. The appeal will be denied. The remedy will be just to refile the case. The disadvantage is here is you will be paying the docket fee again. To save the litigant from paying the docket fee twice, instead of dismissing, the RTC will just assume jurisdiction over the case as if the case was originally filed there. If the RTC found out that the MTC is wrong for dismissing the case, when it has jurisdiction in the first place, the RTC will remand the case back to the MTC and order the MTC to conduct a hearing. Rule 41 Appeal from RTC to CA Decision of RTC appealable to CA - only final judgments or decisions of RTC that finally disposes the case on the merits. If the order the court does not dispose the case on the merits, that order is just an interlocutory order and that is not appealable. Decisions not appealable Sec 1 , Rule 41 Within the period to appeal, you may file a motion for new trial or reconsideration. If there is an order denying that motion, you cannot appeal that order. Your remedy is to appeal the JUDGMENT on the merits. Not the order denying your motion. You cannot appeal an interlocutory order. This is an order which gives something still left to be done to the courts. This does not finally dispose the case. Example, an order denying a motion to dismiss. There is still something left to be done by the courts. The court will go on with the case. The denial of the motion to dismiss does not finally dispose of the case. On the contrary, it would mean that the court would want to go on with the case. If the court grants the motion to dismiss is considered to be final. The remedy of the plaintiff is to appeal. He must appeal because that order is already a final order. It is an order that finally disposes the case. If you feel that these interlocutory orders are unfair to you, your remedy is petition for certiorari under rule 65. This is a petition where you question the actuation of the judge because you consider the decision of the judge to be a grave abuse of discretion that amounts to lack or in excess of jurisdiction. 3 modes of appeal. 1. ordinary appeal notice of appeal or by records of appeal + notice of appeal - exercise of the RTC of its original jurisdiction 2. petition for review appeal from the decision of the RTC in the exercise of its appellate jurisdiction 3. appeal by certiorari appeal to the SC; only mode of appeal to the SC If you only filed a record on appeal, forgetting the notice of appeal, in one case, the SC said it is alright. Because notice of appeal is easy to do. It is already tantamount that you have filed a notice of appeal when you have already filed a record on appeal. The SC said this is forgivable. But if you forget to file the records on appeal then that is fatal. When you appeal a case to the SC, whether it comes from RTC or CA, the only way of appeal is appeal by certiorari under rule 45. what you can raise here is only a pure question of law. From the RTC, you can appeal directly to the SC without passing through the CA but only if the issue you raise therein is an issue of law. Only a pure question of law. Like what is the correct interpretation of law involved that case. If there are questions of fact that you include there, this is not allowed. Because this is not a pure question of law but a mixed question of law and question of fact. The SC said they are not triers of fact but are only triers of law. The questions of fact are supposedly only up to the CA. though there are exceptions to this rule. Like when there is an error that is very glaring that the lower courts committed an error in the appreciation of facts. Or that when it deprives the parties of rights that are provided for them under the constitution, then the SC may pass on an issue of fact. This is discretionary upon the SC. They cannot be compelled to rule on the fact. Only the SC can entertain a motion for reconsideration. But as shown in the case of the league of cities, it has reached up to a 4th or 5th MR.

The period to appeal the decision of the RTC to CA is the same as the previous rule. 15 days if only a mere notice of appeal and 30 days if it is a records on appeal + notice of appeal. You are not allowed an extension of time to file a notice of appeal. Because this is very easy to do. But you are allowed an extension of time to file an appeal by records on appeal. So you file your motion for extension of time to file an appeal by records on appeal within the 30 day period. Here, you file first a notice of appeal w/in the 30 day period and ask the court to give you an extension of time. Normally the court will grant you the extension. When you file a MR or Motion for New trial, the period of appeal shall be interrupted when the motion is filed on time. It interrupts the running of the period to appeal. In the case of Neypes, when the MR or Motion new trial is denied, you are given a fresh period of 15 days. Not just the remaining balance. The purpose for changing this rule is just for the uniformity of the rules. When you file a petition for review, and the losing party files an MR and it is denied, the rule says you have another period of 15 days. it will start to run from the receipt of the judgment from the RTC or receipt of the order denying your MR. Here, you also have to pay the docket fee. You pay the docket fee in the court of origin. Not in the appellate court. If you fail to pay the docket fee, it is a ground for the dismissal of the appeal. This is mentioned in the rules. Nonpayment of the appellate docket fee in the MTC is not a ground for dismissal. The court allows the payment of the docket fee even beyond the appeal period because there is no rule regarding this. But here, nonpayment of the appellate docket fee in the RTC is a ground for dismissal of the case. When you file a notice of appeal, do not forget to state the material dates. In cases of records on appeal (multiple appeals) you only appeal a part of the case. The case is not done yet. The records are still in MTC/ RTC. You cannot bring the records. To appeal to a higher court, you are required to file a records on appeal meaning you make a compilation of the records that remains in the MTC/ RTC. You make your own records. It is very thick. You start with the pleadings that are filed. Then you state the facts of the case. Like when there is a complaint filed, you state the complaint. Then the answers. Then the reply. You state what happened during the pretrial conference. If your records on appeal, exceed 20 pages, you are required to make a subject index. You may attach a certified true copy of the pleadig filed. You only attach pleadings that are relevant. (exclude irrelevant pleadings like motions for postponements due to a stomach ache) There is also such a thing as a joint record on appeal. When is an appeal deemed perfected? In notice of appeal As to the appellant - from the moment he files a notice of appeal As to the appellee from the expiration of his time to file an appeal In records of appeal As to the appellant - from the moment the records of appeal are APPROVED As to the appellee from the expiration of his time to file an appeal even if the appeal has been perfected, the court of origin may still perform certain acts for as long it has not forwarded the records to the appellate court. The court of origin still retains its residual powers. It can issue an order for the preservation of the rights of the parties, it can also issue an order for execution pending appeal (discretionary execution). This is the residual power or residual jurisdiction of the RTC. The effect of the perfection of an appeal it transfers the jurisdiction from the court of origin to the appellate court. In other words, when you file the notice of appeal and the appeal is perfected and the period to appeal has already expired, when the appeal is perfected already as to both parties, at that moment, the RTC loses jurisdiction over the case and the jurisdiction is already transferred to the CA. Rule 42 Appeal the decision of the RTC to CA by petition for review or by ordinary appeal. Ordinary appeal when the decision of the RTC is in the exercise of its original jurisdiction

Petition for review when the decision of the RTC in the exercise of its appellate jurisdiction This is a mode of appeal from the decision of the RTC. The decision of the RTC is a decision in the exercise of its appellate jurisdiction. How do you file? You file a VERIFIED petition for review Verification like an affidavit signed by the petitioner (one who causes the filing of the petition), he will state that he is the petitioner, that he caused the preparation of the petition, that he has read the contents of the petition and all the allegations stated therein are true and correct to the best of his knowledge When a pleading is verified, it must be notarized by a lawyer. When filed? The petition for review must be filed within 15 days from the RECEIPT of the decision of the RTC. When will the period start to run? a. from the date of receipt of the decision OR b. from receipt of the order denying your motion for new trial or MR (fresh 15 day rule applies) Can file motion for extension of petition for review. Contents of petition for review: a. names of the parties but the judge who renders the decision need not be included; you only implead the judge as a party respondent in a petition for certiorari under rule 65 because you are questioning the actuation of the judge; you are accusing the judge of committing grave abuse of discretion amounting to lack of or in excess of jurisdiction b. concise statement of facts c. statement of the matters involved d. the issues and arguments relied upon in support of your petition e. material dates (material data rule) a. date when you received the decision that you are questioning b. date when you filed your petition f. accompanied by a certified true copy of the decision/ judgment of the court that you are questioning a. it must be a duplicate original copy b. or a certified true copy (not a Xerox copy) Other requirements a. payment of docket fee and other lawful fee plus deposit for costs in the amount of P500 b. furnish a copy of your petition to the other party and to the court whose decision you are questioning c. there must be proof of service of the petition d. comply with the content requirements a. concise statement of matters involved, issues, argument relied upon in support of your petition, point out errors committed by the court e. attachment of certified true copy of decision Effect of not complying with requirements ground for dismissal of petition Filing a petition for review is not a matter of right as to entertaining or granting that petition. It is discretionary upon the court whether to accept your petition or not. The CA may outrightly dismiss your petition without requiring the other party to comment. 3 grounds where CA may outrightly dismiss your petition a. where your petition is patently w/o merit b. when it is prosecuted manifestly to delay the proceeding c. issues raised therein are too unsubstantial to warrant consideration of the court the court may require the other party to file his comment. if the court decides that the other party will make his comment, the comment must be filed within 10 days. no motion to dismiss will be allowed. When the respondent files his comment, he must state whether he accepts or admits the statement of the matters involved as stated in the petition. If not, he must point out to the court the inconsistencies in the petition filed by the petitioner. After the comment is filed by the respondent, the CA will examine the petition and the comment and decide whether there is enough evidence to warrant a review. When the CA finds a prima facie evidence that an error has been

committed by the lower court, in other words, the CA is convinced that there is basis for the reversal of the decision of the RTC, then the CA will issue an order giving due course to the petition. When petition is given due course, you are 60-70% sure that it will be granted. The CA is very strict in accepting in accepting petition for review. They will closely scrutinize your petition. They are very meticulous. When your petition is given due course, it simply means that there is good reason for the court to review the entire records of your case. There is prima facie evidence that the lower court has committed an error. The CA will order the RTC to elevate the records of the case. Then the CA will review the decision of the RTC and may require both parties to submit their memoranda. It is an agreement in writing stating why you should win the case. The CA may require the parties to argue orally. It is seldom that the CA will let the parties argue orally. Usually, the CA will decide based on the records. It case sounds interesting to the minds of the justices of the CA that is the time they will let you argue orally. Petition for review is deemed perfected the moment you file your petition for review AND pay the docket fee and other lawful fees plus the deposit of cost. This is perfected as to the petitioner. As to the other party, the appeal is perfected after the lapse of the period for him to appeal. Effect of the filing of the petition for review: On the execution of the judgment of the RTC the petition will stay the execution of judgment except when the judgment will fall under the rules of summary procedure. If the case originating the MTC falls under the rules of summary procedure, once the RTC decides the case, the decision of the RTC in a case falling is immediately executory unless that decision is restrained by the CA like through a TRO or an injunction. Cases that fall under summary procedure a. ejectment cases forcible entry or unlawful detainer what are issues that you can raise to the CA through a petition for review? a. question of fact b. pure question of law ONLY if under rule 42; if under rule 41, directly to SC c. mixed question of law and fact Rule 43 petition for review The decision that you are questioning are the decisions of the quasi-judicial bodies/ agency. Quasi-judicial bodies agencies under the executive branch of the government that exercises quasi judicial functions; they are given the power to adjudicate disputes or settle disputes Examples: DARAB settle agrarian disputes LTFRB HLURB Central board of assessment appeals Social Security Commission LRA Bureau of Patents, Trademark and Technology Transfer ERB LTFRB DARAB HLURB SEC are now divested of its quasi judicial power. Before, it can entertain intra-corporate disputes (quarrel w/ the corporation and stockholders). This power is now transferred to the RTC. Not the RTC in general, but to a special court designated by the SC as an intra- corporate dispute court. In Cebu it is branch 11 handled by Judge Daomilas. All cases that involve intra-corporate dispute are not anymore raffled. It is directly filed in the RTC acting as an intracorporate dispute court. The CTA (court of tax appeals) decision is now appealable directly to the SC by way of certiorari under rule 45. The CTA is almost in equal rank with the CA. The jurisdiction of CTA is very specific. It refers only to cases emanating from the bureau of customs, the department of finance, BIR & the assessors office.

CSC is already included in the enumeration of quasi judicial bodies whose decisions are appealable to the CA by way of petition for review. Adm Circular 04-907 (sept 2004) decisions of the RTC acting as an intra-corporate dispute court are appealed NOT by way of an ordinary appeal, but by way of a petition for review. The RTC is treated as a quasi judicial body. Questions raised under rule 43 is the same as the questions raised under rule 42. Old rule: Decisions of the NLRC and the SOLE are appealable directly to the SC New rule : they are not appealable to the CA ruling of the SC in St. Martin Funeral Homes NLRC must follow the hierarchy of courts. They must pass through the CA, through petition for certiorari under Rule 65, then appeal to SC through rule 45. Decisions of the ombudsman regarding administrative matters have to go through the CA first before going to SC. (Fabian vs desierto) Regarding provisions of the investment code of the Philippines, decisions of the BOI cannot be appealed directly to the SC. (lepanto vs ceramic mills) Decisions which you can directly appeal to the SC a. COMELEC b. Commission on Audit c. RTC on pure questions of law under rule 41 d. CTA Decisions of quasi judicial body that cannot be appealed to CA decision in the exercise of its administrative functions Only to decisions of the quasi judicial body in the exercise of its quasi judicial functions can be appealed to the CA. Rule 44 Procedures in the CA Appeal by ordinary appeal Title of the case shall remain as is. You just add the word appellant (the party who appeals) and appellee (the prevailing party). Ex. Plaintiff appellee vs Defendant - appellant Whoever the counsel of record in the court below is or the guardian ad litem in the court below shall be considered by the court of appeals as also the same counsel in the case appealed.. unless there notices made that there is a change of counsel or a change of guardian ad litem. Once an appeal is perfected, it is the duty of the clerk of court of the court of origin to immediately prepare the records of the case, complete the records, and transmit the records of the case to the CA. Once the records of the case reach the CA, the clerk of court of the CA will docket the case. Docket means it will be assigned a docket number. Once it reaches the CA and a docket number has been assigned, the clerk of court must immediately inform the parties that the records of the case are already with the CA. Prior to that, the clerk of court of the RTC must to complete the records of the case and w/in 30 days submit the records of the case to the CA. if it could not complete the records of the case w/in 30 days, either the parties may file a motion for the immediate transmittal of the records of the case to the CA. When the records are already in the CA, the clerk of court will notify the parties. If the appeal is by RECORDS ON APPEAL, the appellant is given only 10 days within which to submit the APPROVED records on appeal. These records are approved by the RTC. Then the RTC will forward all the records of the case to the CA. when the records are received by the CA, the CA will inform all the parties that the records of the case are already with them (CA) and the appellants is now required within 10 days only to submit to the CA the APPROVED records on appeal.

No changes in the approved records on appeal are allowed. Otherwise, you can be charged with tampering or falsification and that would be a ground for the dismissal of your appeal if you make any alteration or changes w/o permission from the court. Then the case would now be considered submitted. Of course, the CA can require the appellee to file his comment. If the appeal is by NOTICE ON APPEAL, when the records reaches the CA, the CA will inform both parties that the records are already with them. And the appellant is required to file his appellants brief within 45 days from receipt of the order of the court requiring him to file his appellants brief. You can even ask for an extension for another 45 days or at most 90 days to file your appellants brief. A total of 135 days can be given to you to file your appellants brief. Unlike in a petition for review, you only have 15 days to submit your written arguments. You must give 2 copies of your appellants brief to the appellee. If there are several appellees and are represented by different lawyers, then you only give one copy to each lawyer of the appellee. Once the appellee receives a copy of the appellants brief, the appellant is also given 45 days to file his appellees brief. After the appellee has filed the appellees brief, the appellant may file a reply brief w/in 20 days from the receipt of the appellees brief. The filing of the appellants brief is mandatory. the filing of the appellees brief is not. When appellant fails to file the appellants brief within the required period of 45 days, that is a ground for the dismissal of the appeal. If the appellee fails to file the appellees brief, that will not affect the right of the appellee/ appellant. The filing of the appellees brief is optional. The filing of the reply brief is also optional. There are cases in the CA where appellants and appellees brief are not required in special cases such as certiorari, prohibition, mandamus and quo warranto. Usually, these are not appealed cases. These are mostly original actions. So instead of a brief, they are required to submit a memorandum in support of their respective contention. Contents of Appellants brief When you file this, it is like you are making a book or thesis. a. subject index summary of arguments, citations, authorities b. assignment of errors errors committed by the RTC w/c you want the CA to review or reverse c. statement of the case brief description of the nature of the case; what the case is all about (ex. Claim for sum of money; claim of damages) d. statement of facts narrate the facts of the case e. issues to be resolved by the court f. arguments should be with reference to the assigned errors Contents of Appellees Brief a. subject index b. counter statement of facts if you dont agree with the facts stated by the appellant; but if the appellee agree, just state that you adapt the statement of facts of the appellant c. arguments should answer the assignment of errors a. example : answer/ refutation of the first assigned errors d. prayer if there are inconsistencies or matters which are not brought up by the appellant, the appellee will file the counter statement of facts. The issues that can be raised during appeal In an ordinary appeal, can be a question of law, question of fact or a mix of both. On the question of law, if it is a case tried by the RTC as an original action, you go directly to the SC. But if it tried by the RTC in the exercise of its appellate jurisdiction, you can appeal it to the CA even if the case involves a pure question of law. (under R42&R43)

If there is no assigned error in the appellants brief, it is a ground for the dismissal of the appeal. G.R. The CA cannot entertain issues which were not assigned as errors. Exc. a. when the error refers to jurisdiction over the subject matter b. plain and clerical error c. errors that are closely related/intertwined to an assigned error In appealed cases, the general rule is that, factual findings of the court below should always be given great weight and respect by the appellate court. The appellate court should not disturb the factual findings of the lower court unless there are glaring errors committed in the appreciation of facts of the case. The appellate court should avoid disturbing the factual findings of the lower court because the lower court is in a better position to know the facts of the case. The lower court conducted the hearing and they can observe the deportment of the witnesses. Especially if they are quasi judicial bodies. Doctrine of primary jurisdiction the quasi judicial bodies know better; they are experts in the field; their decision can be appealed to the CA to determine whether or not they have followed the rules on appreciation of evidence or committed grave abuse of discretion. Rule 45 Appeal by Certiorari 2 kinds of certiorari R45 & R65 R45 a mode of appeal; only mode of appeal to SC ask SC to review the decision of the lower court except in criminal cases where the penalty imposed is life imprisonment, reclusion perpetua or death. There is no more death penalty so there is no more automatic appeal. But in the case of life imprisonment or reclusion perpetua, the decision of the RTC may be appealed to the SC by way of an ordinary appeal. But in other decisions of other courts, if you elevate it to SC, there is only one way to do it. That is petition for review by certiorari or appeal by certiorari under rule 45. Decisions that are reviewable by SC under rule 45 a. decision of CA, SB, CTA, COMELEC, Commission on Audit, RTC in the exercise of its original decision where the issue raised is a pure question of law i. CSC appealable to CA Determination of whether the question is a question of law or a question of fact belongs to the appellate court (like SC) Question of law issue involved is what law is to be applied or how the law applicable to the case should be interpreted or what law is applicable to the facts of the case Question of fact issue involved is who is telling the truth; if you question the manner of the court in arriving at its conclusion or findings of fact Generally, the SC will not entertain questions of fact. Exceptions : a. in cases of equity so the court can arrive at a fair judgment Certiorari under R45 vs Certiorari under R65 R45 is a mode of appeal; asking the SC to review the decision of the CA or the lower courts R65 not an appeal but an original action; like when the court below has committed a great abuse of discretion amounting to lack of or in excess of jurisdiction; you are asking the SC to exercise its supervisory powers (telling the court that the lower court is abusing its power) and not to review the decisions of the lower court R45 issue is a question of law R65 issue is whether the judge of the lower court has committed grave abuse of discretion amounting to lack or in excess of jurisdiction R45 period to appeal is 15 days R65 period to appeal is 60 days R45 no need to file motion for reconsideration

R65 need to file a motion for reconsideration first R45 the filing of the petition stays the judgment that you are questioning R65 petition does not stay the execution of the judgment not unless the appellate court issues a TRO or a restraining order Rule 45 Here, the certiorari referred to is a mode of appeal This is the only mode of appeal to the SC. When you appeal your case to the SC, it is always by way of certiorari under rule 45. There is no other way. You appeal the decision of the SB, the CTA, the COMELEC, Commission on Audit, decisions of the RTC on pure questions of law to the SC, it is always by certiorari under rule 45. Except when it is a decision of the RTC in a criminal case. When the decision of the RTC is imposing death penalty, the appeal is automatic. The appeal is by way of automatic review. It means that whether you like it or not, the records of the case will be elevated to the SC automatically. If it is only a reclusion perpetua or a life imprisonment sentence of the RTC, you may appeal the decision of the RTC to the SC by way of an ORDINARY APPEAL. The certiorari under rule 45 is a mode of appeal. Because under rule 65, it is a special civil action. It is an original action. Like for example when the RTC committed an error in deciding the case and the aggrieved party feels that the decision (not on the merits of the case), the order of the RTC which is an interlocutory order constitutes grave abuse of discretion, his remedy is to ask for a petition for certiorari under rule 65 to the CA. When you file a petition for certiorari under rule 65, you are actually asking the appellate court to exercise its supervisory powers over the lower court. Here you are filing an original action. It is not an appeal. You are asking the CA to exercise its power over the RTC. The CA will examine and review whether the RTC judge really committed a grave abuse of discretion amounting to lack or in excess of jurisdiction. In rule 65, you always have to file a MR before you file a petition for certiorari. This is to give the judge who committed a grave abuse of discretion a chance to correct his mistakes or error. Motion for reconsideration is not required in rule 45. The period to appeal under rule 45 is only 15 days, just like an ordinary appeal. The general period to appeal is always 15 days. Just like MTC to RTC, RTC to CA, quasi judicial bodies to CA, CA to SC (rule 45) In the case of certiorari under rule 65, where you claim that the lower court committed grave abuse of discretion, you have 60 days to file petition for certiorari. Another important distinction is that in rule 45, when you file a petition to the SC, the decision of the CA, or the lower court which you are questioning cannot be implemented yet. The filing of the petition for certiorari under rule 45 stays the execution of the judgment of the lower court. This is not the case in a petition for certiorari under rule 65 because here, it does not stay the execution of the order of the lower court not unless the appellate court, where you filed the petition for certiorari under rule 65 will issue a temporary restraining order or a preliminary injunction. So if no TRO or injunction is ordered, the interlocutory order or judgment of the lower court being questioned can be enforced and implemented. When you file a petition for certiorari under rule 45, called appeal by certiorari or petition for review by certiorari, you pay the docket fee and other lawful fees plus a deposit of P500 in the SUPREME COURT. Your petition for review on certiorari under rule 45 must contain the ff. important information: 1. full name of the parties (petitioner and the respondent) without impleading the name of the judge who decided the case in the court below 2. material dates 3. state concisely a statement of the matters involved 4. reasons/ arguments relied upon in support of the petition 5. petition accompanied by a clearly legible duplicate original or a certified true copy of the decision that you are questioning 6. your petition must contain a certification of non-forum shopping failure of the parties to comply with the contents of the petition or the payment of the docket fees, it will be a valid ground to dismiss the petition. A petition for certiorari under rule 45 is not a matter of right but it is a matter of judicial discretion. This means simply that the SC is not bound to accept your petition. The SC may outrightly dismiss your petition if the SC finds that your petition is:

1. patently without merit 2. prosecuted manifestly to delay or 3. the issues raised therein are too unsubstantial to warrant consideration So the review of the decision of the lower court is discretionary on the part of the SC. The SC will not review the decision of the lower court not unless it is convinced that there is prima facie evidence that there is serious reversible error committed by the lower court or the CA, where the decisions may be elevated to the SC. The actual practice in the SC is that before your petition for certiorari reaches the justices of the SC, it must pass through a screening committee. There is a central office in the SC. the clerk of court of the SC, they a screening committee there. They have a division to check whether the petition has complied with all the requirements. They will look for mistakes. Like if they paid the correct amount of filing fee, like if the party furnished 2 copies of the petition for certiorari to the other party, like how they served the petition to the other party, like if the service of the petition was done personally or by registered mail, and if by registered mail, there should be an explanation why it was done by registered mail and no by personal service. These are small matters but the SC is very strict with this. All these can be the cause of the dismissal of the petition. Other grounds for dismissal of the case could also be when there is no certificate of non forum shopping attached to the petition. And the one who signed the petition should be the petitioner and NOT his lawyer. If it is the lawyer who signed the certification, the petition will be denied. There will a minute resolution issued. It is only one sentence and it dismisses the case not based on merits but on technicalities. If the petition complies with all the requirements, it will go to the justices and they will assign it to a division who will read the petition and will see if there is prima facie evidence of an error that is committed by the lower court. When the SC finds that there is an error, the SC will give due course to the petition. For the practicing lawyers, its already a good sign if the SC will give and order of due course to the petition. Giving due course and ordering the elevation of the case to the SC, there is a sign that there is merit to your petition. When the case is already elevated to the SC, then the SC will require the respondent to file his comment to the petition for certiorari. And the court may require the petitioner to file a reply to the comment of the respondent. Then the SC will require them to file their respective memorandum simultaneously. After which, the case shall then be submitted for decision. Rule 46 Cases that can be filed directly in the CA as an original action: 1. certiorari (Rule 65) 2. prohibition (rule 65) 3. mandamus (rule 65) 4. quo warranto (rule 66) 5. habeas corpus (rules on special proceeding) 6. annulment of judgment of the RTC (rule 67) The parties of cases filed in the CA as an original action are called the petitioner (one who files the case) and the other party is the respondent. What you file here are petitions (petitions for certiorari.. etc..) Contents of the petition 1. full name and address of the parties 2. concise statement of the matters involved 3. factual background of the case 4. grounds relied upon for allowance of the petition 5. if your petition is one of the petitions mentioned in rule 65 (certiorari, mandamus and prohibition) your petition has to contain the material dates (the date of the decision, judgment or order, the date that you receive the order of decision that you want to appeal and the date you filed the petition) if it is a motion for new trial or motion for reconsideration and it was denied, you state the date it was denied, the date you receive the order of denial. You file 7 copies of your petition to the CA. whether it is an appealed case or an original action. If SC, you make 18 copies. 6. Your petition must have a certification of non forum shopping. That you have not filed any other action similar to the present case that you filed that is pending in another court.

When will the CA acquire jurisdiction over the person of the respondent? In the RTC/ MTC the moment the defendant receives the summons; service of summons In CA from the moment the respondent receives the initial action of the CA; an order indicating its initial action on the petition. When you file an original action in the CA, you are required to furnish a copy of that petition to the respondent. The respondent has already a copy of the petition even before you actually filed the petition in the CA. in the CA, that petition may be dismissed outrightly by the CA. the CA will not issue summons because the respondent already have a copy of the petition. He is already aware. The CA may not entertain your petition even if it is an original action. This is different from the MTC/ RTC because they cannot outrightly dismiss your case when you file a complaint. The CA can outrightly dismiss your petition if it finds that your case is without merit, prosecuted manifestly for delay the case and the issues raised therein are too unsubstantial to warrant consideration. If the CA finds your petition to be meritorious, then the CA will now require the respondent to file his comment. The respondent shall be given 10 days to file his comment to the petition. The order of the court requiring the respondent to file his comment is considered as the initial action of the court . It is only upon receipt of the resolution of the CA indicating its initial action on the petition that the court acquires jurisdiction over the person of the respondent. Except when the respondent submits himself to the jurisdiction of the CA. like when the petitioner files his petition and at the same time, the respondent files his pleadings to the CA asking the CA to dismiss the petition. The CA may conduct a hearing of your petition. It may conduct a hearing itself or it may delegate to the trial court the task of conducting the hearing. If there are factual issues that need to be clarified by the CA, it may conduct its own hearing. It is very seldom that the CA will conduct a hearing. Normally, they will decide based on the pleadings filed. Petition for the annulment of the judgment of the RTC This can only be filed in the CA. this is treated as an original action. You can only file an annulment of the judgment if you could no longer file a motion for new trial or reconsideration, if you can no longer appeal, if you can no longer file a petition for relief from judgment. Meaning you can only file the petition for annulment of judgment only when all these remedies are no longer available to you, THROUGH NO FAULT of your own. Because if you could have availed of these and you did not avail these remedies, then that is your fault. This can be availed of only under 2 grounds: 1. extrinsic fraud fraud that prevents you from participating in the case; fraud that happens not during trial 2. lack of jurisdiction prescription 1. extrinsic fraud within 4 years from the discovery of the fraud 2. lack of jurisdiction - any time before it is barred by estoppel or laches In filing the petition for the annulment of judgment of the RTC, it is incumbent of the petitioner to show that he was not able of the other remedies available (motion for new trial, motion for reconsideration, etc..) through no fault of his own. RULE 48 Preliminary conference in the CA similar to pretrial in the RTC - purpose find a way to settle the case amicably if the parties cannot find a way to settle amicably, the court will try to simplify the issues. The court will determine what are the issues involved, what are the matters which are not controverted by the parties like stipulation of facts the rules of pretrial in the case of RTC, will also apply in the CA. normally, these rules of pretrial in the CA will apply only to ORIGINAL ACTIONS. Meaning cases that are filed originally in the CA. (cases like certiorari, habeas corpus, prohibition, mandamus, quo warranto and annulment of judgment) if the case is originally filed in the CA, there must be a preliminary conference. In one instance, the SC said that the preliminary conference can also be applied in the CA in the case of new trial . Like when the CA grants a new trial on the ground of newly discovered evidence, the CA may also conduct preliminary conference.

The proceedings in the preliminary conference must all be recorded. Everything agreed upon will be recorded. And whatever is stated in the preliminary conference order which is equivalent to the pretrial order that will govern the subsequent proceedings in the CA. after the issuance of the pretrial order, the parties are given a chance to make their comments or objections. No issues that are not included in the pretrial order will be entertained. Rule 49 Oral arguments in the CA will seldom happen. It is not a matter of right to be allowed to argue orally in the CA. it is not a matter of right to be heard orally. You can orally argue in the CA if the CA desires to hear you. Therefore at the instance of the CA or upon motion of either party, the CA may conduct an oral argument. If a party is represented by several lawyers, only one is allowed to argue orally. Otherwise, there will be charivary in the CA. it means a medley of disorder of voices. (noise pollution) Oral arguments are not a matter of right and its entirely with the discretion of the CA. In the CA, a hearing of your argument is not something that you can insist on. Hearing of a motion is not a rule in the CA. so when you file a motion in the CA, you dont ask the CA to set motion for hearing. Because there is no oral argument in the CA that you can insist on. There is no hearing here. RULE 50 Dismissal of appeals The CA may outrightly dismiss your appeal or upon motion of the other party. Grounds: 1. Failure of the RECORD on appeal to show on its face that the appeal was taken within a period fixed by the rules. Review on the modes of appeal From the decision of the RTC to the CA, there are 2 modes of appeal. Ordinary appeal or by petition for review. In rule 41, in an ordinary appeal, you are appealing the decision of the RTC in the exercise of its original jurisdiction. When it is in the exercise of its original jurisdiction, there are 2 modes of appeal. Appeal by mere notice of appeal and appeal by records of appeal plus the notice of appeal. In the first one, the period to appeal is 15 days. If appeal by records of appeal, the period is 30 days. When you file an appeal by records on appeal, you have to first file a notice of appeal and then w/in the 30 day period, you file a record on appeal. One of the important requirements is that you have to comply with the material data rule. (material dates date when decision is received and the date when you appeal the decision) this is to see that your appeal was filed within the appeal period. When the records on appeal fails to show on its face that it was filed on time, the CA can outrightly dismiss your appeal by records on appeal. The rules in the filing of an appeal by records on appeal is that you must have the RTC approve your records on appeal first. But that after the RTC approves your records on appeal, the RTC will forward the records to the CA and the CA will issue an order requiring you to submit the approved records on appeal. So meaning after the RTC approves your records on appeal, you keep it. Because you wait for the CA to order you later on to submit the approved records on appeal. After you have submitted your notice of appeal and paid the docket fee, the CA will then require the appellant to file the appellants brief within 45 days. If it is an appeal by records of appeal, you do not have to file an appellants brief because you already have the records of appeal and you have it approved by the RTC then the RTC will forward the records to the CA and the CA will ask you to submit the approved records on appeal within 10 days from the receipt of the order of the CA.

2. failure to file the notice of appeal or the record on appeal within the prescribe period 3. failure of the appellant to pay the appeal fee or the docket fee a. you file the docket fee in the RTC 4. unauthorized changes or alterations, omissions and additions in your approved records on appeal

5. failure to serve and file the number of required copies of his brief or memorandum within the time provide by the rules a. if submit to CA 7 copies b. if furnish copy to other parties 2 copies i. but if many defendant 1 copy each to each defendant ii. if several defendant and 1 counsel 2 copies to the counsel c. if submit to SC 18 copies 6. failure to make an assignment of errors in the appellants brief; or of page reference to the records as required 7. failure of the appellant to take the necessary steps for the correction or the completion of the records within the time limited by the court in the order 8. failure of the appellant to appear at the preliminary conference or to comply with the orders, circulars or directives of the court 9. order or judgment appealed from is not appealable rollo means records of the case improper appeal - if you appealed and you used the wrong mode of appeal, the rule is that improper appeal to the CA is a ground for the dismissal of your appeal. (new rule) Withdrawal of appeal you can withdraw as a matter of right at anytime before the filing of the appellees brief. If after, it will be in discretionary upon the discretion of the court. Rendition of the judgment of the CA The case is deemed submitted for decision in the CA 1. Appealed case same rule a. Appellees brief b. If the appellant decides to file a reply to the appellees brief within 20 days from the receipt of the appellees brief then the reply is the last pleading c. The CA may require the parties to file a memorandum 2. Original action upon the submission of the last pleading required by the CA a. comment (is the last pleading ) b. unless the CA requires both parties to submit memorandum, the memorandum is the last pleading comment c. but if the parties did not file memorandum, then the case is deemed submitted upon the expiration of the period to file the memorandum The court will always make an announcement that the case is deemed submitted for decision. And that is where you start counting the period w/in which the CA must decide. If MTC/ RTC 3 mos Collegiate courts CTA ; CA 12 mos If CA 12mos If SC 24 mos In the CA there are 69 justices; in 23 divisions. (3 justices per division) All the cases that are appealed are to be decided by 1 division. All the 3 justices must be unanimous in their decision. First, the three of them should discuss the case or deliberate. The ponente will then pen the decision. If one does not concur, if one will dissent, there will be no decision. The presiding justice of the CA will assign 2 other justices from other divisions. They will then deliberate again. Now, to reach a decision only at least 3 votes are needed. There is no case that the CA is required to decide en banc. The only time the CA will meet en banc is when they will enact rules and procedures to be observed in the CA. like rules to govern the assignment of cases in the divisions, composition of the different divisions, rotation of justices, etc all internal matters only.

In appealed cases, the CA will either reverse, revise, affirm, or modify the decision of the lower court All decisions (MTC, RTC, CA, SC) must state the facts, the findings of facts and the conclusion of law which serves as the basis of the decision. This is true only when it comes to deciding the case on the merits. This rule does not apply in minute resolutions decision of the case based on technicalities. Decisions of the case w/c dismisses the appeals based on technicalities The appeal to higher court is not a matter of right. It is a privilege. If you fail to comply with a requirement when you appeal, it could be a ground for an outright dismissal of your appeal. The court can dismiss your case outright for failure to comply with a requirement. Harmless error shall not be review strictly by the appellate court. The court will not reverse harmless errors. Only substantial errors shall be touched upon. It is possible for the CA to render a judgment in favor of one but not the other defendants. Or in favor of one plaintiff and not to the other plaintiff. The rule is that when there are several defendants and the court decided the case against several defendants, and only one of them appealed. And the other defendants did not appeal. If the appealing defendant will prevail, the general rule is that only the appealing defendant will be benefited by the favorable judgment in the appellate court. The exception to the rule is that when the facts of the case and the issues involved are so intertwined or interwoven that the decision in favor of one will necessarily benefit the other. Like when their liability or their rights are interwoven. General rule: Only those questions or issues that were mentioned in the assignment of errors will be passed upon by the CA Exceptions: 1. when it involves jurisdiction 2. when the error is considered a plain or clear error 3. when the error is closely related to an assigned error which has been argued in the appellants brief Promulgation of judgment When? In the criminal case, it is the reading of the decision in open court to the accused In civil cases, it is the sending of the judgment to the parties (RTC) It is the submission of the signed decision to the clerk of court (CA). Once the 3 justices have already signed the decision, they will give it to the clerk of court. The receipt of the clerk of court of the signed decision is the date of the promulgation of the judgment. Once the clerk of court receives the judgment, he will immediately send out copies of his decisions to the parties. He will stamp there the date of promulgation. When the party receives the decision of the CA, either party has the right to appeal the decision to the CA. only by certiorari under rule 45. You have 15 days to appeal from the receipt of the judgment from the CA. If not appeal is taken, the judgment of the CA will become final and executory and this is also the date of the entry of judgment. The motion for the execution of the judgment will be filed in the court of origin. You can file it in the RTC or CA. the CA will issue an order to the RTC to issue the writ of execution. He will not issue the writ of execution. The RTC will issue the writ of execution. In the CA, once the CA decides the case, a party can file a motion for reconsideration of the decision of the CA within 15 days from the receipt of the decision. This is under rule 52. You can only file 1 motion for reconsideration. You cannot file a 2nd MR. If your MR is denied, you can go to SC by way of an appeal by certiorari under rule 45 within 15 days (fresh 15 day rule) When an MR is filed with the CA, the CA has to act on the motion w/in 90 days. The effect of the filing of the MR suspends the implementation of the decision of the CA. it stays the execution of the CA decision. Not unless the CA for good reasons would order for the immediate execution of the judgment. Can you file a motion for new trial? Yes. But there is only one ground allowed. It should only be newly discovered evidence.

Just like an MR, you can file the motion of new trial w/in 15 days from the receipt of the judgment. Internal business of the CA matter decided by the CA en banc when they will promulgate their internal rules The decisions of the CA will be published. It shall be published in the official gazette and also in the (CAR) court of appeals report. The decision of the SC will be published in the official gazette and also in the Philippine reports. The CAR and the PhilReports are the official publications of the government which contains the decisions of the court. Supreme Court There are only two cases which you can file in the SC. 1. original action before the SC petition for mandamus, certiorari, prohibition, quo warranto and habeas corpus; actions to discipline a member of the bench and the bar; actions involving ambassadors and consuls. in cases of disbarment of lawyers, the SC will normally delegate the reception of the evidence to the IBP. Then the IBP will make recommendations. The SC will make the decision. Not the IBP 2. appealed cases to the SC There is only 1 mode of appeal to the SC. In civil cases, it is only certiorari by way of rule 45. in criminal cases you can make an appeal by way of an ordinary appeal if the judgment of by reclusion perpetua or life imprisonment. If death penalty there is automatic review. Disposition of improper appeal discretionary on the supreme court The SC decides the cases en banc and in division. In division of 3,5,7.. usually the SC decides in divisions of 5. that why usually there are 3 divisions in the SC Chief justice belongs to the `1st division. When decide the case by division, majority rules. The SC decides cases en banc like it involves the constitutionality of a law, treaty, and executive agreement; involving ambassadors, prime ministers, consuls when the SC decides or lays down a doctrine, the doctrinal rule cannot be overruled by a division. It has to be by en banc. If the division cannot decide the case, if they cannot reach the required majority, the case will be decided en banc. If the SC decides the case en banc and they are equally divided, there will be another deliberation. If in the second deliberation there is a tie again, and if the case is an appealed case from the CA, it means that the decision of the CA is affirmed. If it is an original action filed in the SC, it means that your original action is denied or dismissed. If it is a motion filed to the SC then it means that your motion or petition is denied. In the SC there are 15 justices.