1. No.

The remedy of annulment of judgment may be availed of when the ordinary remedies of new trial, appeal, petition for relief or other appropriate remedies are no longer available through no fault of the petitioner (Sec. 1, Rule 47). 2. Within what period should annulment of judgment be filed if it is based on the ground of fraud? If based on extrinsic fraud, the action must be filed within four !" years from its discovery. 3. Within what period should a party file his notice of appeal? #nder, the $ules of %ourt, The Notice of &ppeal shall be filed within 1' days after notice to the appellant of the judgment or final order appealed. 4. Within what period should a motion for new trial be filed? It should be filed with the trial court within 1' days from the promulgation of the judgment. 5. What are the remedies available to a defaulted party before finality of the judment judgment by default? (e may file a motion for new trial under $ule )*. (e may also appeal from the judgment as being contrary to the evidence or the law (Talsan Enterprises, Inc. v. Baliwag Transit, Inc., G.R. No. 1 !!1!, Sept. 11, "##!) 6. What are the remedies available to a defaulted party after finality of judgment? +hat (e may file a petition for relief from judgment under $ule ), (Balangca$ v. %ustices o& t'e (), G.R. No. *+***, ,e-. 1", 1!!") ( !!6" #$$% &ar 'uestion( +here the defendant has however, been wrongly or improvidently declared in default, the court can be considered to have acted with grave abuse of discretion amounting to lac- or excess of jurisdiction and when the lac- of jurisdiction is patent in the face of the judgment or from the judicial records, he may avail of the special civil action of certiorari under $ule .' (Balangca$ v. %ustices o& t'e (), G.R. No. *+***, ,e-. 1", 1!!") ). *e+uisites for newly discovered evidence as ground for new trial, 1. The evidence was discovered after trial/ 2. 0uch evidence could not have been discovered and produced at the trial with reasonable diligence/ and ). 0uch evidence is material, not merely cumulative, corrobative or impeaching, and is of such weight that if admitted would probably change the judgment 12$$3 $#42" (IR v. ). Soriano (orporation, GR No. 11+7#+ %anuar. +1, 1!!7". %. &n affidavit of merit is re5uired when a motion for new trial is filed on the ground of 6raud, accident, mista-e, excusable negligence 6&72". &n affidavit of merit should establish the nature and character of 6&72 on which the motion is based and stating the movant8s good and substantial cause of action or defense and the evidence he intends to present if the motion is granted, which evidence should be such as to warrant reasonable belief that the result of the case would probably be otherwise. /a0 vs Inan$an, 71 /'il. #*2 3anila Suret. vs. 4el Rosario, 1#1 /'il. 41" $. & defaulted defendant cannot file an appeal from the order declaring him in default. 9efendant may file a motion, under oath, to set aside order of default upon showing that his failure to answer was due to 6&72. &n order of default is merely an interlocutory order, thus cannot be appealed" 0ec. 1, $ule )," #!. &ppellant may file :etition for $elief from denial of an appeal praying that the appeal be given due course. 0ec. 2, $ule )," ##. ;udgment rendered by the $T% may be appealed by< -ection . 3o$es o& appeal. = a" 5r$inar. appeal. = The appeal to the %ourt of &ppeals in cases decided by the $egional Trial %ourt in the exercise of its original jurisdiction shall be ta-en by filing a notice of appeal with the court which rendered the judgment or final order appealed from and serving a copy thereof upon the adverse party. No record on appeal shall be re5uired except in special proceedings and other cases of multiple or separate appeals where law on these $ules so re5uire. In such cases, the record on appeal shall be filed and served in li-e manner. b" /etition &or review. = The appeal to the %ourt of &ppeals in cases decided by the $egional Trial %ourt in the exercise of its appellate jurisdiction shall be by petition for review in accordance with $ule !2. c" )ppeal -. certiorari. = In all cases where only 5uestions of law are raised or involved, the

appeal shall be to the 0upreme %ourt by petition for review on certiorari in accordance with the $ule !'. n" # . 9ecisions of 5uasi>judicial agencies may be appealed to the %ourt of &ppeals within the period and manner provided by law. 0ection ), $ule !)" &ppeal shall be ta-en by filing a verified petition for review in seven *" legible copies with the %ourt of &ppeals, with proof of service of a copy thereof on the adverse party and on the court or agency a 6uo. The original copy of the petition intended for the %ourt of &ppeals shall be indicated as such by the petitioner. #pon the filing of the petition, the petitioner shall pay to the cler- of court of the %ourt of &ppeals the doc-eting and other lawful fees and deposit the sum of :'??.?? for costs. 2xemption from payment of doc-eting and other lawful fees and the deposit for costs may be granted by the %ourt of &ppeals upon a verified motion setting forth valid grounds therefor. If the %ourt of &ppeals denies the motion, the petitioner shall pay the doc-eting and other lawful fees and deposit for costs within fifteen 1'" days from notice of the denial. 0ection ', $ule !)" #3. What court has jurisdiction over .etitions for /ertiorari under *ule 65 against decisions and final resolutions of the 01*/? $ule !), 0ec. 2. %ases not covered. This rule shall not apply to judgments or final orders issued under the 4abor %ode of the :hilippines. N4$% judgments and final orders or resolutions are now reviewable by the %ourt of &ppeals in an original action for certiorari under $ule .'. 0t. 7artin 6uneral (omes vs N4$%, @$ No. 1)?,.., 0eptember 1., 1AA," #4. Where and how may decisions2resolutions of the /ivil -ervice /ommission be appealed? 0ec. ), $ule !). &ppeal under this rule may be ta-en to the %ourt of &ppeals within the period and in the manner herein provided, whether the appeal involves a 5uestion of fact, of law, or mixed 5uestions of fact and law. 0ee< 0ection ' as to how appeal is ta-en. B$ %&02< the remedy of an aggrieved party from a resolution issued by the %0% is to file a petition for review thereof under $ule !) of the $B% within fifteen days from notice of resolution. 92%0 vs %uanan 2??," #5. 3f the *4/ judge upholds the 54/ ruling that it has no jurisdiction but the *4/" what should the *4/ judge do? 0ec. ,, $ule !?. &ppeal from orders dismissing the case without trial/ lac- of jurisdiction. &. if the lower court dismissed the case without trial on the merits< $T% may a. &ffirm, if the ground of dismissal is lac- of jurisdiction over the subject matter, the $T% if it has, jurisdiction, shall try the case on the merits as if the case was originally filed therein. b. reverse, in which case, it shall remand the case for further proceedings. 1. if the case was tried on the merits by the lower court with jurisdiction over the subject matter< a. $T% shall not dismiss the case if it has original jurisdiction, but shall decide the case, and shall admit amended pleadings or additional evidence." #6. /an the trial court dismiss an appeal by notice of appeal on the ground that issues involved only +uestions of law? (friends" again dili 6o sure ani(. consult martel. 7ahaha 8es. the trial court may dismiss an appeal by notice of appeal on the ground that issues involved only 5uestions of law. #nder $ule !?, an appeal by notice of appeal from a judgment or final order of a lower court issues that may be raised are 5uestions of fact or mixed 5uestions of fact and law. #). 9nder what rule and in what court should decisions of the -pecial :grarain /ourt be appealed? 0ec .?, $& ..'*. &ppeals. &ppeals may be ta-en from the decision of 0pecial &grarian %ourt by filing a petition for review with the %ourt of &ppeals fifteen 1'" days from receipt of notice of the decisions/ otherwise the decision shall become final. I thin- $ule !) ni xa friendsC" #%. 9nder what rule and in what court should ;:*:& decisions be appealed? $ule DE. 0ec 1. T(2 2??A 92:&$T72NT B6 &@$&$I&N $26B$7 &9;#9I%&TIBN 1B&$9 9&$&1" $#420 B6 :$B%#9#$2" :ppeal to the /: F &ny decision, order, resolution, award or ruling of the 1oard on any agrarian dispute on any matter pertaining to the application, implementation, enforcement, interpretation of agrarian reform laws or rules and regulations promulgated thereunder, may be brought an within fifteen 1'" days from receipt of a copy thereof, to the %ourt of &ppeals in accordance with the $ules of %ourt. $ule !) japon. (ahahaC" #$. 3n :ppeals from administrative agencies to the /: via *ule 43 of the *ules of /ourt" does it re+uire e<haustion of administrative remedies as a condition precedent? If an appealGremedy obtained or is available within the administrative machinery, this should be resorted to before resort can be made to the courts. The rule on exhaustion of administrative remedies and doctrine of primary

jurisdiction applies only when the administrative agency exercises 5uasi>judicial or adjudicatory function &ssociate %ommunications and +ireless 0ervices v. 9umalao, @.$. 1).*.2, Nov. 21, 2??2". !. 0o. 1efore a party can avail of the reliefs provided for by $ule !), it is a condition sine 5ua non that one must have failed to move for new trial in, or appeal from, or file a petition for relief against said issuances or ta-e other appropriate remedies thereon, through no fault attributable to him. If he failed to avail of those cited remedies without sufficient justification, he cannot resort to the actions for annulment provided in $ule !*, for otherwise he would benefit from his own inaction or negligence. $epublic vs 9e %astro, .!1 0%$& '!,". In this case, the party still has other remedies to nullify the order aside from the remedy provided under $ule !*. #. 3es. The private offended party or complainant may 5uestion such ac5uittal or dismissal or appeal there from only insofar as the civil aspect is concerned, in the name of the petitioner or appellant and not in the name of the :eople of the :hilippines 7etropolitan 1an- and Trust %o. vs. Eeridiano II, ).? 0%$& )'A". . &ppeal by certiorari to the 0upreme %ourt applies in the following cases< &ll cases in which onl. errors76uestions o& law are involve$. 3. &s a general rule, the supreme court cannot pass upon in a petition for review on a certiorari $ule !'" factual findings of a lower court since its jurisdiction is limited to reviewing errors of law Natividad vs 7T$%1, '!? 0%$& 12!" The rule proscribing the raising of 5uestions of fact is not an absolute one. Huestions of fact may be raised in an appeal under $ule !' provided the petition shows any, some or all of the following< a. The conclusion of the %& is grounded entirely on speculations, surmises and conjectures/ b. The inference made is manifestly mista-en, absurd or impossible/ c. There is grave abuse of discretion/ d. The judgment is based on misapprehension of facts/ e. The findings of facts are conflicting/ f. The %&, in ma-ing its findings went beyond the issues of the case and the same is contrary to the admissions of both appellant and appellee/ g. The findings of facts of the %& are contrary to those of the trial court/ h. The findings of fact are conclusions without citation of specific evidence on which they are based/ i. The facts set forth in the petition as well as in the petitioner8s main and reply briefs are not disputed by the respondents/ or j. The findings of fact of the %& are premised on the supposed absence of evidence and contradicted by the evidence on record. ;arantilla vs ;arantilla, .). 0%$& 2AA" 4. The distictions< $ule !' (#( 3ssues *aised Huestions of 4aw @rave &buse of ( ( :gainst What /ourt &ction 9irected $eview of the judgment, award or final (3( *eglementary .eriod 7ust be filed within the reglementary period for appeal. (4( =ffect on the .roceedings &elow ;udgment, award or order appealed from is stayed by the &ppeal (5( .arties 3nvolved Briginal :arties to the action remain the same during appeal albeit with the corresponding appellation of appellant and appellee", the lower court or 5uasi>judicial agency is not to be impleaded. (6( *e+uirement of 5otion for *econsideration 6or purposes of appeal, 7$ is not re5uired ()( =<ercise of >urisdiction The &ppellate %ourt exercises its appellate jurisdiction and power of review $ule .' 9iscretion &mounting ;urisdiction

to

4ac-

or

2xcess

of

9irected &gainst an Interlocutory Brder of the court prior to appeal from the judgment, or where there is no appeal or any other plain speedy and ade5uate remedy Not later than sixty .?" days from notice of the judgment, order or resolution No effect i.e., proceedings below continue" unless a writ of preliminary injunction or a temporary restraining order has been issued The parties are the aggrieved party against the lower courtGHuasijudicial agency and the prevailing parties, who thereby respectively become the petitioner and the respondents. 7$ is a %BN9ITIBN :$2%292NT subject only to (igher %ourt exercises original jurisdiction under its power of control and supervision over the proceedings of lower courts.

5. ;iscuss the importance of selecting the proper or correct remedy against a judgment or final order. 4i-e a petition for relief, an action for the annulment of a judgment is recourse e5uitable in character, allowed only in exceptional cases as where there is no available or ade5uate remedy. It is important to elect the proper remedy because an action for annulment of a judgment may no longer be invo-ed where the party has

availed himself of the remedy of new trial, appeal, petition for relief, or other appropriate remedy and lost or where he has failed to avail himself to those remedies through his fault or negligence. The remedies are exclusive of each other 6rancisco vs. :uno 1?, scra !2*". 6. ;iscuss the fresh period rule or the neypes ruling. & party litigant may either file his notice of appeal within 1' days from receipt of the $T%8s decision or file it within 1' days from receipt of the order denying his motion for new trial or motion for reconsideration neypes vs. ca, @.$. 1!1'2!" ). 3s non?payment of correct doc6et fee a ground for dismissal of an appeal? ;iscuss. &s a general rule, payment of appellate court doc-et fees is jurisdictional. 6ailure to do so is a ground for dismissal of appeal. (owever, non>payment of doc-et fees does not automatically result in dismissal of appeal, the dismissal being discretionary in the court if there are justifications for non>payment 6ontanar vs. 1onsubre, @.$. '.)1'" %. ;iscuss the remedy that may be availed of from decisions of the department heads" agencies and instrumentalities involving disciplinary action against its employees that are final and inappealable and the decisions of such bodies which are appealable. The decisions of the department heads, agencies and instrumentalities involving disciplinary actions against its employees that are final and appealable, are appealable to the %ourt of &ppeals under $ule !) of the $ules of court. The decisions $eprimand or 0uspension for not more than )? days" that are inappealable may be appealed to the 0upreme %ourt under $ule .'. $. 9nder what *ule or jurisdiction can the court of appeals ta6e cogni@ance over judgments of the -ecretary of >ustice? #nder 1.:. 12A the %ourt of &ppeals has concurrent and original jurisdiction with the 0upreme %ourt to issue writs of certiorari, prohibition and mandamus against the II.. d" Bther 5uasi>judicial agencies mentioned in $ule !) of the $ules of %ourt. Notably, 0ection 1, supra, of $ule !) includes the Bffice of the :resident in the agencies named therein/ thereby accentuating the fact that appeals from rulings of department heads must first be ta-en to and resolved by that office before any appellate recourse may be resorted to Brosa vs. $oa, @.$. 1!?!2)" 3!. 3n what court should a petition for relief from judgment be filed? #nder the present $ules, petition for relief from a judgment, final order or other proceedings rendered or ta-en should be filed and resolved by the court in the same case from which the petition arose $edena vs. %&, @.$. 1!..11".