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PAOLO T.

SAN MATEO
CIVIL PROCEDURE THU 4:30-9:30
1. Simplified outline of our system of appeals from all courts.
MODE OF
APPEAL

PERIOD OF
APPEAL

Ordinary Appeal
(MTC to RTC)
Rule 40
a. Notice of
Appeal

Within 15 days
after notice to
the appellant of
the judgment or
final order
appealed (Sec 2.
Rule 40).

b. Record of
Appeal

Within 30 days
after notice of
the judgment or
final order (Sec
2. Rule 40).

Ordinary Appeal
(RTC to CA)
Original
Jurisdiction Rule
41

PERIOD OF
APPEAL IF A
MOTION FOR
RECONSIDERATI
ON OR MOTION
FOR NEW TRIAL
WAS FILED
(Neypes
Doctrine)
Within 15 days
from receipt of
the order denying
motion for
reconsideration
or new trial.

Within 15 days
from receipt of
the order denying
motion for
reconsideration
or new trial.

a. Notice of
Appeal

Within 15 days
after notice to
the appellant of
the judgment or
final order
appealed (Sec 3.
Rule 41).

b. Record of
Appeal

Within 30 days
after notice of
the judgment or
final order (Sec
3. Rule 41).
Note: appeal in
habeas corpus
cases shall be
taken within 48
hours from
notice of the
judgment or final

ISSUES THAT
MAY BE
RAISED

Duty of
Clerk of
Court

Questions of
fact or mixed
questions of
fact and law.

shall
transmit the
original
record or the
record on
appeal,
together with
the
transcripts
and exhibits,
which he
shall certify
as complete,
to the proper
Regional Trial
Court

Questions of
fact or of law or
mixed question
of fact and law
that has been
raised in the
court below
and is within
the issues
framed by the
parties (Sec.
15, Rule 44).

(a)
To
verify the
correctness
of the
original
record or the
record on
appeal, as
the case may
be aid to
make
certification
of its
correctness;
(b)
To
verify the
completenes
s of the
records that
will be,
transmitted
to the
appellate
court;
(c)

If

order appealed
from (AM No. 011-03-SC, June
19, 2001)

found to be
incomplete,
to take such
measures as
may be
required to
complete the
records,
availing of
the authority
that he or
the court
may exercise
for this
purpose; and
(d)
To
transmit the
records to
the appellate
court.

Petition for
Review (RTC to
CA)
Appellate
Jurisdiction Rule
42

Within 15 days
from notice of
the decision to
be reviewed or
from the denial
of a MR or new
trial (Sec. 1 Rule
42).
Note: The court
may grant an
additional period

Within 15 days
from receipt of
the order denying
motion for
reconsideration
or new trial.

Questions of
fact, of law, or
mixed
questions of
fact and law

NOTE: If the
efforts to
complete the
records fail,
he shall
indicate in
his letter of
transmittal
the exhibits
or transcripts
not included
in the
records
being
transmitted
to the
appellate
court, the
reasons for
their nontransmittal,
and the
steps taken
or that could
be taken to
have them
available.
(a)
To
verify the
correctness
of the
original
record or the
record on
appeal, as
the case may
be aid to
make
certification

of 15 days
provided the
extension is
sought:
a. Upon proper
motion; and
b. Upon payment
of the full
amount of the
docket and other
lawful fees
before the
expiration of the
reglementary
period.

of its
correctness;
(b)
To
verify the
completenes
s of the
records that
will be,
transmitted
to the
appellate
court;
(c)
If
found to be
incomplete,
to take such
measures as
may be
required to
complete the
records,
availing of
the authority
that he or
the court
may exercise
for this
purpose; and
(d)
To
transmit the
records to
the appellate
court.
NOTE: If the
efforts to
complete the
records fail,
he shall
indicate in
his letter of
transmittal
the exhibits
or transcripts
not included
in the
records
being
transmitted
to the
appellate
court, the
reasons for
their nontransmittal,
and the
steps taken
or that could

be taken to
have them
available.
Petition for
Review (QuasiJudicial Bodies to
CA)
Rule 43

Petition for
Review on
Certiorari
Rule 45
1. RTC to SC (Sec
2c, Rule 41);
2. CA to SC (Sec.
1, Rule 45);
3.
Sandiganbayan
to SC (Sec. 1,
Rule 45);
4. CTA en banc
to SC (Sec. 11,
RA 9282; Sec. 1
Rule 45 as
amended by AM
No. 07- 7-12SC);
5. Appeals from
a judgment or
final order in a
petition for a writ
of amparo to the
SC (AM No. 07-912- SC); and
6. Appeals from
a judgment or
final order in a
petition for a writ
of Habeas Data
(AM No. 08-1-16SC).

Within 15 days
from receipt of
judgment or final
order or of last
publication (Sec.
4, Rule 43).

Within 15 days
from notice of
the judgment,
final order or
resolution
appealed from,
or within 15 days
from notice of
the denial of the
petitioners
motion for new
trial or motion
for
reconsideration
filed in due time
(Sec. 2, Rule 45).
Note: The SC
may for
justifiable reason
grant an
extension of 30
days only within
which to file the
petition
provided:
a. There is a
motion for
extension of
time duly filed
and served;
b. There is full
payment of the
docket and other
lawful fees and
the deposit for
costs; and
c. The motion is
filed and served
and the payment

Within 15 days
from receipt of
the order denying
motion for
reconsideration
or new trial.

Within 15 days
from receipt of
the order denying
motion for
reconsideration
or new trial

Questions of
fact, of law, or
mixed
questions of
fact and law
(Sec. 3, Rule
43).
Note: The
appeal shall not
stay the award,
judgment, final
order unless
the CA directs
otherwise (Sec.
12, Rule 43).
Only questions
(a)
To
of law (Sec. 1,
verify the
Rule 45).
correctness
of the
original
record or the
record on
appeal, as
the case may
be aid to
make
certification
of its
correctness;
(b)
To
verify the
completenes
s of the
records that
will be,
transmitted
to the
appellate
court;
(c)
If
found to be
incomplete,
to take such
measures as
may be
required to
complete the
records,
availing of
the authority
that he or
the court
may exercise
for this
purpose; and

is made before
the expiration of
the
reglementary
period (Sec. 2,
Rule 45).

(d)
To
transmit the
records to
the appellate
court.
NOTE: If the
efforts to
complete the
records fail,
he shall
indicate in
his letter of
transmittal
the exhibits
or transcripts
not included
in the
records
being
transmitted
to the
appellate
court, the
reasons for
their nontransmittal,
and the
steps taken
or that could
be taken to
have them
available.

2.PROVISIONAL REMEDIES
Preliminary
Attachment
(Rule 57)

Preliminary
Injunction
(Rule 58)

Receivershi
p (Rule 59)

Replevin (Rule
60)

Support
Pendente Lite
(Rule 61)

RTC, Family
Court,
Metropolitan,
Municipal, and
Municipal
Circuit Trial
Courts

GROUND:
Family Court

Subject Matter
SC, CA, RTC, Family
Court,
Metropolitan,
Municipal and
Municipal Circuit
Trial Courts

SC, CA, RTC,


Family Court,
Metropolitan,
Municipal and
Municipal
Circuit Trial
Courts

SC, CA, RTC,


Family Court,
Metropolitan,
Municipal and
Municipal
Circuit Trial
Courts

Explanation:
In criminal
actions, as long
as the civil
aspect is tried
together with
it , the RTC or
MTC having
jurisdiction may
also issue this
remedy.(e.g Art.
345 (3) RPC, in

crimes against
chastity, In
every case to
support the
offspring..)
Who may grant it
Courts where
action is
pending, the CA
or the SC (Sec.
2)

Only the
Court where
the action is
pending;
Lower court,
CA or SC
provided
action is
pending in
the same
court which
issues the
injunction
(Sec. 2)

At any stage of
the action but
before entry of
final judgment
(Sec. 1)

At any stage
of the action
but before
judgment or
final order
(Sec. 1)

Court where Only the court


action is
where action is
pending, the pending.
CA or the SC,
or a member
thereof, even
if action is
pending in
the lower
court.
Appellate
court may
allow
application
for
receivership
to be decided
by the court
of origin
(Sec. 1)
When available
At any stage
of the
proceeding
and even
after finality
of judgment;
anytime prior
to
satisfaction of
judgment

Court of origin
and appellate
court. (Ramos
v. CA, GR No. L31897, June 30,
1972)

At the
commencement
of the action
but before
answer is filed
(Sec. 1)

At the
commencement
of the action or
at any time
prior to the
judgment or
final order (Sec.
1)

File affidavits
and applicants
bond (Sec. 2)

File verified
application;
bond not
required (Sec.
1)

How applied for


File affidavits
and applicants
bond (Sec. 3)

File verified
application
and
applicants
bond; if
application is
included in
the initiatory
pleading, the
adverse party
should be
served with
summons
together with
a copy of the
initiatory
pleading and
the
applicants

File verified
application
and
applicants
bond;
application
may also be
included in
initiatory
pleading in
actions for
foreclosure of
mortgage
(Secs. 1 and
2)

affidavit and
bond (Sec.4)
Purposes
1. To seize the
property of the
adverse party in
advance for the
satisfaction of
judgment that
may be
recovered in
cases falling
under Sec.1,
Rule 57.
2. To enable the
court to acquire
jurisdiction over
the action by the
actual or
constructive
seizure of the
property in those
instances where
personal service
of summons on
the creditor
cannot be
effected.
(Quasha v.
Juan,G.R.No.L54
158, Nov. 19,
1982)

To require a
party or a
court, agency
or a person to
refrain from
doing a
particular act
or to require
the
performance
of a particular
act
To prevent
future injury
and maintain
the status
quo. (Kencht
v. CA, G.R.
No. 97962,
Nov. 17,
1993)

To place the
property
subject of an
action or
proceeding
under the
control of a
third party for
its
preservation
and
administratio
n litis
pendentia
and to
protect the
rights of all
the parties
under the
direction of
the court.

To recover
possession of
personal
property.

To compel
adverse party
to provide
support while
the
action is
pending in
court.

Applicant is:
1. The owner of
the property
claimed; or

When equity
and justice
require, having
due regard to
the probable
outcome of the
case and such
other
circumstances
as may suggest
the
reasonability of
granting
support
pendente lite

Grounds
1. GROUND: In an
action for the
recovery of a
specified amount
or damages.
EXPLANATION:
a. moral and
exemplary
b. against a party
who is about to
depart from the
Philippines with
intent to defraud
his creditors;
2. In an action for
money or property
embezzled or
fraudulently
misapplied or
converted to his
own use by a
public officer, or by

1. That the
applicant is
entitled to
the relief
demanded
which
consists in
restraining
the
commission
or
continuance
of the act
complained
of, or in
requiring the
performance
of an act for a
limited period
or
perpetually
2.Commissio

1. When the
applicant has
an interest in
the property
or fund
subject of the
proceeding
and such
property is in
danger of
being lost,
removed or
materially
injured unless
a receiver is
appointed;
2. In
foreclosure of
mortgage,
when the
property is in
danger of
being wasted

2. Entitled to
the possession
thereof but the
property is
wrongfully
detained by the
adverse party
(Sec. 2)

any other person in


a fiduciary
capacity, or for a
willful violation of
duty;
3. In an action to
recover the
possession of
property unjustly
or fraudulently
taken, detained or
converted, when
the property has
been concealed,
removed or
disposed of to
prevent its being
found or taken by
the applicant or an
authorized person;
4. In an action
against a party
who has been
guilty of fraud in
contracting the
debt or incurring
the obligation or in
its performance
5. In an action
against a party
who has removed
or disposed of his
property, or is
about to do so,
with intent to
defraud his
creditors;
6. In an action
against a party
who does not
reside and is not
found in the
Philippines, or on
whom summons
may be served by
publication

Ancillary remedy

n,
continuance
or nonperformance
of the act
during the
litigation
would
probably
work injustice
to the
applicant; or
3. Party,
court, agency
or a person is
doing,
threatening,
or is
attempting to
do, or is
procuring or
suffering to
be done,
some act
probably in
violation of
the rights of
the applicant
respecting
the subject of
the action
and tending
to render the
judgment
ineffectual
(Sec. 3)

or dissipated
or materially
injured and
that its value
is probably
insufficient to
discharge the
mortgage
debt or that it
has been
agreed upon
by the
parties;
3. After
judgment, to
preserve the
property
during the
pendency of
an appeal or
to dispose of
it according
to the
judgment or
to aid
execution
when
execution has
been
returned
unsatisfied of
the judgment
obligor
refuses to
apply his
property in
satisfaction of
the
judgment, or
otherwise to
carry the
judgment into
effect; or
4. When
appointment
of receiver is
the most
convenient
and feasible
means of
preserving,
administering
or disposing
of the
property in
litigation
(Sec. 1).

Whether principal or ancillary action


Principal
Principal
Principal action/

Ancillary to:

action/
ancillary
remedy

action/
ancillary
remedy

ancillary
remedy

1. Action for
support; or
2. In a criminal
action where
civil liability
includes
support for the
offspring
provided the
civil aspect
thereof has not
been waived,
reserved or
instituted prior
to its filing.

Effectivity
During the
pendency of the
case unless earlier
discharged or
quashed by the
court

During the
pendency of
the case
unless earlier
discharged or
quashed by
the court

Until
discharged
by the court

During the
pendency of the
case unless the
defendant files
a redelivery
bond.

During the
pendency of the
case.

Requirement of Hearing
Not required;
may be issued
ex parte

Bond executed
to the adverse
party in the
amount fixed by
the court to
cover the costs
which may be
adjudged to the
adverse party
and all damages
that he may
sustain by
reason of the
granting of

GROUND:
Required

Required

Not required ;
may be issued
ex parte

EXPLANATIO
N: Great or
irreparable
injury would
result /
extreme
urgency and
applicant will
suffer grave
injustice and
irreparable
injury (Sec.
5)
Bond Requirement
Bond
Bond
Bond executed
executed to
executed to to the adverse
the adverse
the adverse party in double
party in the
party in the
the value of the
amount fixed
amount fixed property, for
by the court
by the court the return of
to cover the
to cover the the property to
costs which
costs which
the adverse
may be
may be
party if such
adjudged to
adjudged to return be
the adverse
the adverse adjudged and
party and all
party and all for the payment
damages that damages that to the adverse
he may
he may
party of such

Required
Within 3 days
after comment
is filed or after
expiration of
period of filing

No bond
required.

provisional
remedy prayed
for, if the court
shall finally
adjudge that the
applicant was
not entitled
thereto (Sec. 4,
Rule 57; Sec. 4,
Rule 58, Sec. 2,
Rule 59 )
2 bond
requirement for
receivership:
1. Filed by the
applicant; and
2. Filed by the
receiver.

sustain by
reason of the
granting of
provisional
remedy
prayed for, if
the court
shall finally
adjudge that
the applicant
was not
entitled
thereto (Sec.
4, Rule 57;
Sec. 4, Rule
58, Sec. 2,
Rule 59 )
2 bond
requirement
for
receivership:
1. Filed by
the applicant;
and
2. Filed by
the receiver.

sustain by
reason of the
granting of
provisional
remedy
prayed for, if
the court
shall finally
adjudge that
the applicant
was not
entitled
thereto (Sec.
4, Rule 57;
Sec. 4, Rule
58, Sec. 2,
Rule 59 )
2 bond
requirement
for
receivership:
1. Filed by
the applicant;
and
2. Filed by
the receiver.

sum as he may
recover from
the applicant in
the action (Sec.
2)

Immediately Executory
No

Yes

Yes

No

No

Discharge of Remedy
By counter-bond: Party against whom the provisional remedy
is availed of may move for the discharge of the provisional
remedy granted by filing a counter-bond in an amount equal
to that fixed by the court or to the value of the property if
with respect to a particular property to secure the payment
of any judgment that the adverse party may recover in the
action.

Not applicable.

Counter
Bond
Cash deposit
may be made in
lieu of the
counter-bond
(Sec. 12)

Filing of
counter-bond
made only
upon showing
that the
issuance or
continuance
thereof would
cause
irreparable
damage to
the party or
person
enjoined
while the
applicant can

Amount of
counter-bond
to be fixed by
the court
(Sec. 3)

Amount of
counter-bond
should be
double the
value of the
property (Sec.
5)

Not applicable.

be fully
compensated
for such
damages as
he may
suffer;
counter-bond
alone will not
suffice to
discharge the
injunction
(Sec. 6)
Other Grounds For Discharge
1. Improper or
irregular
issuance or
enforcement or
insufficiency of
bond. (Sec. 13)
2. Judgment
rendered against
attaching
creditor (Sec.
19)
3. Property
attached is
exempt from
execution (Sec.
2 & 5)

1.
Insufficiency
of the
application
(Sec. 9)
2. Other
grounds (e.g.
applicants
bond is
insufficient/
defective),
upon
affidavits of
the party or
person
enjoined

1.
Appointment
was obtained
without
sufficient
cause.
2. Bond
posted by the
applicant /
receiver is
insufficient
(Sec. 3).

1. Plaintiffs
bond is found to
be insufficient
or defective and
is not replaced
with proper
bond; or
2. Property is
not delivered to
the plaintiff for
any reason
(Sec. 6).

4. Attachment is
excessive, but
the discharge
shall be limited
to the excess
(Sec. 13).
Damages in Case Applicant is Not Entitled Thereto or For Irregularity of the
Procurement Of the Provisional Remedy
Requisites:
When the
1. Owner of the property attached must file before trial or before
judgment or
perfection of appeal or before judgment becomes executory an
final order finds
application for damages;
that the person
who has been
2. Party who availed of provisional remedy and his surety must be
providing
notified, showing right to damages and amount thereof; and
support
pendente lite is
3. Such damages may be awarded only after proper hearing and
not liable
shall be included in the judgment of the main case.
therefor, the
court shall order
If the judgment of the appellate court is favorable to the party
the recipient to
against whom provisional remedy was effected:
return the
amounts
Application must be filed with the appellate court before the
already
judgment of the appellate court becomes executory. Appellate
received with
court may allow application to be heard and decided by the
interest from

trial court.
If bond or deposit given by the party availing of the provisional
remedy be insufficient or fail to satisfy the award:
Adverse party may recover damages in the same action (Sec.
20, Rule 57; Sec. 8, Rule 58; Sec. 9, Rule 59; Sec. 10, Rule 60).
Note: Any award of damages for the wrongful issuance of a
provisional remedy should be recovered in the same case. The
recovery of damages cannot be had in a separate action.

the date of
actual payment,
without
prejudice to the
right of the
recipient to
obtain
reimbursement
in a separate
action from the
person legally
obliged to give
support.
If the recipient
fails to
reimburse the
amount, the
person who
provided the
same may seek
reimbursement
in a separate
action from the
person legally
obliged to give
such support
(Sec. 7)

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