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25. Discuss the importance of selecting the proper or correct remedy against a judgment or final order.

Like a petition for relief, an action for the annulment of a judgment is recourse equitable in character, allowed only in exceptional cases as where there is no a ailable or adequate remedy. !t is important to elect the proper remedy because an action for annulment of a judgment may no longer be in oked where the party has a ailed himself of the remedy of new trial, appeal, petition for relief, or other appropriate remedy and lost or where he has failed to a ail himself to those remedies through his fault or negligence. "he remedies are exclusi e of each other #$rancisco s. %uno &'( scra )2*+. 2,. Discuss the fresh period rule or the neypes ruling. - party litigant may either file his notice of appeal within &5 days from receipt of the ."/0s decision or file it within &5 days from receipt of the order denying his motion for new trial or motion for reconsideration #neypes s. ca, 1... &)&52)+ 2*. !s non2payment of correct docket fee a ground for dismissal of an appeal3 Discuss. -s a general rule, payment of appellate court docket fees is jurisdictional. $ailure to do so is a ground for dismissal of appeal. 4owe er, non2payment of docket fees does not automatically result in dismissal of appeal, the dismissal being discretionary in the court if there are justifications for non2payment #$ontanar s. 5onsubre, 1... 5,6&5+ 2(. Discuss the remedy that may be a ailed of from decisions of the department heads, agencies and instrumentalities in ol ing disciplinary action against its employees that are final and inappealable and the decisions of such bodies which are appealable. "he decisions of the department heads, agencies and instrumentalities in ol ing disciplinary actions against its employees that are final and appealable are appealable to the /ourt of -ppeals under .ule )6 of the .ules of court. "he decisions that are inappealable may be appealed to the 7upreme /ourt under .ule ,5 of the same .ule. 28. 9nder what .ule or jurisdiction can the court of appeals take cogni:ance o er judgments of the 7ecretary of ;ustice3 9nder 5.%. &28 the /ourt of -ppeals has concurrent and original jurisdiction with the 7upreme /ourt to issue writs of certiorari, prohibition and mandamus against the <<.. #d+ =ther quasi2judicial agencies mentioned in .ule )6 of the .ules of /ourt. >otably, 7ection &, supra, of .ule )6 includes the =ffice of the %resident in the agencies named therein? thereby accentuating the fact that appeals from rulings of department heads must first be taken to and resol ed by that office before any appellate recourse may be resorted to #=rosa s. .oa, 1... &)')26+ 6'. !n what court should a petition for relief from judgment be filed3 9nder the present .ules, petition for relief from a judgment, final order or other proceedings rendered or taken should be filed and resol ed by the court in the same case from which the petition arose #.edena s. /-, 1... &),,&&+.

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