APPEALED CASES IN THE SUPREME
Rule 56 (par 1)
COURT
RULE 56
MODE OF APPEAL
Section 3. Mode of appeal. An appeal
to the Supreme Court may be taken only by
a PETITION FOR REVIEW ON CERTIORARI
(Rule 45), except in criminal cases where
the penalty imposed is death, reclusion
perpetua or life imprisonment. (ordinary
appeal is allowed)
Procedure
Section 4. Procedure. The appeal
shall be governed by and disposed of
in accordance with the applicable
provisions of the Constitution, laws,
Rules 45, 48, sections 1, 2, and 5 to
11 of Rule 51, 52 and this Rule.
Grounds for dismissal
Section 5. Grounds for dismissal of
appeal. The appeal may be
dismissed motu proprio or on motion
of the respondent on the following
grounds:
(a) Failure to take the
appeal within the
reglementary period;
(b) Lack of merit in the
petition;
(c) Failure to pay the
requisite docket fee and other
lawful fees or to make a
deposit for costs;
(d) Failure to comply with
the requirements regarding
proof of service and contents
of and the documents which
should accompany the
petition;
(e) Failure to comply with
any circular, directive or order
of the Supreme Court without
justifiable cause;
(f) Error in the choice or
mode of appeal; and
(g) The fact that the case is
not appealable to the Supreme
Court.
Disposition of improper appeal
How will an improper appeal by notice of
appeal be disposed of?
Section 6.
Disposition of improper
appeal. Except as provided
in section 3, Rule 122
regarding appeals in criminal
cases where the penalty
imposed is death, reclusion
perpetua or life imprisonment,
an appeal taken to the
Supreme Court by notice of
appeal shall be dismissed.
What is the effect of improper appeal from
RTC to the SC on question of fact?
Section 6. Rule 56 (par 2) An
appeal by certiorari taken to
the Supreme Court from the
Regional Trial Court submitting
issues of fact may be referred
to the Court of Appeals for
decision or appropriate action.
The determination of the
Supreme Court on whether or
not issues of fact are involved
shall be final.
Procedure if opinion is equally divided
Section 7. Procedure if opinion is
equally divided. Where the
court en banc is equally divided in
opinion, or the necessary majority
cannot be had, the case shall again
be deliberated on, and if after such
deliberation no decision is reached,
the original action commenced in the
court shall be dismissed, in appealed
cases, the judgment or order
appealed from shall stand affirmed;
and on all incidental matters, the
petition or motion shall be denied.
Petition for relief from judgment, final
orders or other proceedings
RULE 38
Definition
It is a legal remedy whereby a party seeks
to set aside a judgement rendered against
him by a court whenever he was unjustly
deprived of hearing or was prevented from
taking an appeal because of FAME.
When available
Section 1. Petition for relief from
judgment, order, or other
proceedings. When a judgment or
final order is entered, or any other
 proceeding is thereafter taken
against a party in any court through
fraud, accident, mistake, or
excusable negligence, he may file a
petition in such court and in the
same case praying that the
judgment, order or proceeding be set
aside.
Or
Section 2. Petition for relief
from denial of appeal. When
a judgment or final order is
rendered by any court in a
case, and a party thereto, by
fraud, accident, mistake, or
excusable negligence, has
been prevented from taking an
appeal, he may file a petition
in such court and in the same
case praying that the appeal
be given due course.
Time for filing petition; contents and
verification
REQUIREMENTS:
Verified
filed within sixty (60) days
after the petitioner learns of
the judgment, final order, or
other proceeding to be set
aside, and not more than six
(6) months after such
judgment or final order was
entered, or such proceeding
was taken, (Note: These two
periods must concur and are
also not extendible and never
interrupted) and
must be accompanied with
affidavits showing the fraud,
accident, mistake, or
excusable negligence relied
upon,( Note: An affidavit of
merit serves as the
jurisdictional basis for the
court to entertain a petition
for relief. However, it is not a
fatal defect to warrant a denial
of the petition, so long as the
facts required to be set out
also appear in the verified
petition.) and
State the facts constituting the
petitioner's good and
substantial cause of action or
defense, as the case may be.
Sec 3, Rule 38
Where should the petition be filed?
1. If the petition is filed because of the first
ground, the petition shall be filed in such
court and in the same case (not in another
or higher court). The petition shall pray that
the judgment, order or proceeding be set
aside (Sec. 1, Rule 38).
2. If the petition is filed under the second
ground, the petition shall likewise be filed
in such court and in the same case (not in
another or higher court) but the prayer this
time is that the appeal be given due course
(Sec. 2, Rule 38)
Action of the court on the petition
If the petition is sufficient in form and
substance to justify relief, the court in
which it is filed, shall:
1. issue an order requiring the
adverse parties to answer the
same within fifteen (15) days
from the receipt thereof.
2. The order shall be served in
such manner as the court may
direct, together with copies of
the petition and the
accompanying affidavits.
Sec 4, Rule 38
Question:
Y lost in a case. The judgment became final
and executory because he did not appeal.
However, he filed a petition for relief. In the
meantime, the adverse party, is asking the
court to execute the decision. What is Ys
remedy to stop the enforcement of the
judgment?
Ans: Under sec 5, Y can ask the court
to issue a writ of preliminary
injunction to stop the enforcement of
judgment. But he has to put up a
bond conditioned that in the event
that his petition for relief is not
meritorious, he will pay for all
damages that the other party will
incur because of the delay in the
execution.
Actions of the court after filing of the
answer
After the filing of the answer or the
expiration of the period therefor, the court
shall:
hear the petition; and
 if after such hearing, it finds Section 1. Subject of appeal. An
that the allegations thereof appeal may be taken from a
are not true, the petition shall judgment or final order that
be dismissed; completely disposes of the case, or
of a particular matter therein when
if it finds said allegations to be declared by these Rules to be
true, it shall set aside the appealable.
judgment or final order or No appeal may be taken from:
other proceeding complained (a) An order denying a motion for
of upon such terms as may be new trial or reconsideration;
just. (b) An order denying a petition for
Sec 6, Rule 38 relief or any similar motion seeking
relief from judgment;
Effect if the petition is granted (c) An interlocutory order;
In all the above instances where the
The case shall stand as if such
judgment or final order is not appealable,
judgment, final order or other
the aggrieved party may file an appropriate
proceeding had never been
special civil action under Rule 65.
rendered, issued or taken.
Additional Notes:
The court shall then proceed to hear
and determine the case as if a timely No petition for relief in the Supreme
motion for a new trial or Court and Court of Appeals.
reconsideration had been granted by
it. (trial de novo) The SC in Purcon vs. MRM
Philippines, Inc., 566 SCRA 645, 653-
Sec 6, Rule 38 654 ruled that a petition for relief
from judgment is a not an available
remedy in the SC based on the
following reasons:
1. a petition for relief from
judgment is not included in the list of
Where the denial of an appeal is set Rule 56 cases originally cognizable
aside by the SC.
Section 7. Procedure where the 2. While Rule 38 uses the
denial of an appeal is set aside. phrase any court, it refers only to
Where the denial of an appeal is set Municipal/Metropolitan and Regional
aside, the lower court shall be Trial Courts.
required to give due course to the
appeal and to elevate the record of 3. the procedure in the CA and
the appealed case as if a timely and the SC are governed by separate
proper appeal had been made. provisions of the Rules of Court

Remedy in case of denial of petition Petition for relief is a prohibited

pleading in summary procedure and
File a petition for certiorari (Rule 65), as small claims
provided under Rule 41 of the 1997 Rules of
Civil Procedure: