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May 01, 2019

Rule 48: Preliminary Conference


-may be availed of in the exercise of CA’s original jurisdiction or appellate jurisdiction
-it is the CA that calls for a preliminary conference, it’s basically the pre-trial conference
Rule 49: Oral Argument
-The CA, upon the motion of a party, may move for oral arguments. Unless authorized by the Court,
only one counsel may argue for a party. Unlike the procedure in the lower courts, when you file a
motion, please do not put a notice of hearing. Hindi kayo ang nag-seset ng hearing sa CA. You just
have to wait for CA to require you to do what is next. But the rules provide that the adverse party
may file his objection at least five days from service of the said motion. The hearing therefore on the
motion is discretionary.
Rule 50: Dismissal of Appeal
- Note that the grounds for the dismissal of an appeal are directory, not mandatory. It is not
ministerial on the part of the court to dismiss the appeal. The enumeration listed in section 1 is not
exclusive, because there are other grounds when appeal may be dismissed:
(1) by agreement of the parties, the parties can move for the dismissal of the appeal
(2) where the appeal has been rendered moot and academic

The SC will no longer remand the petition in case of improper appeal, SC will just dismiss the case.
And the dismissal is fatal. Wrong mode of appeal would mean that the decision becomes final and
executory.
Withdrawal of an Appeal
- as a matter of right- anytime before the filing of the appellee’s brief. But once the appellee’s brief
has been filed, then it becomes by way of motion

D.M. Wenceslao vs City of Parañaque


- The non-payment of docket fees and other fees within the period is mandatory for the perfection of
the appeal. Otherwise, the right to appeal is lost. This is because the court acquires jurisdiction over
the subject matter (1) if the appeal is filed within the reglementary period (2) payment of docket fees
must be made within the reglementary period. When the docket fees in the appellate court is not paid
in full within the reglementary period, the decision of the trial court becomes final and executory and
therefore becomes immutable and no longer susceptible to the appeal. Once a decision has ttained
finality, not even the SC—as a general rule—can change the decision.

Philippine Bank of Communication vs CA


- here the RTC denied the notice of appeal because it was the wrong remedy to assail the dismissal of
the appeal.
Q: Does the trial court have the authority to dismiss the appeal?
A: No.
The power of the RTC to dismiss the appeal is limited only in the instances specified in Rule 50,
section 1.
Q: What are those two instances?
A: (1) It was filed out of time (2) docket fee was not paid

If it is a wrong remedy, it is not for the RTC to say it. It’s for the appellate court to say it. So kunware
ang desisyon ng RTC, adverse, nag-file ngayon si defendant ng notice of appeal and the defendant says
that the decision of RTC is being appealed to the CA on pure questions of law.
Q: Can the RTC dismiss it?
A: If you follow the case of Philippine Bank vs CA, the answer is no. Because there are only 2 instances
where the RTC can dismiss the appeal outright:
(1) failure to file the NOA within the reglementary period
(2) failure to pay the docket fees

Rule 51: Judgment


The judgment shall be rendered by the members of the court who participated in the deliberation of
the merits of the case before it’s assigned to a member for the writing of the decision. The unanimous
vote of 3 justices shall be required for the promulgation of the judgment. If there is no unanimity, the
clerk should enter the vote for the dissenting justices. ‘Pah hindi unanimous ‘yan, ang mangyayari,
kukuha ng 2 justices that will temporarily sit in the division. Then, majority wins. So to be a binding
judgment, the judgment should be duly signed and promulgated during the incumbency of the justice
or judge who signed it. The CA in the exercise of its appellate jurisdiction, may reverse, affirm, modify
and may even direct a new trial.

Q: Can the CA receive evidence?


A: Yes. When in the exercise of its appellate jurisdiction or its original jurisdiction, it can receive
evidence and perform all acts necessary to resolve factual issues. This can be exercised in cases falling
within its original jurisdiction like Rule 47