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    Civ Pro Appeals

    Uploaded by

    Song Ong
    This document outlines the procedures for appeals from lower courts to higher courts in the Philippines. It discusses the rules for appeals from Municipal Trial Courts to Regional Trial Courts, from RTCs exercising original jurisdiction to the Court of Appeals, petitions for review from RTC appellate decisions to the CA, and appeals and petitions from the CA, Supreme Court, and other courts to the Supreme Court. It provides information on filing notices of appeal, records on appeal, memoranda, briefs, fees, transmittal of records, and other procedural requirements and deadlines for different types of appeals.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    Civ Pro Appeals

    Uploaded by

    Song Ong
    277 views2 pages
    This document outlines the procedures for appeals from lower courts to higher courts in the Philippines. It discusses the rules for appeals from Municipal Trial Courts to Regional Trial Courts, from RTCs exercising original jurisdiction to the Court of Appeals, petitions for review from RTC appellate decisions to the CA, and appeals and petitions from the CA, Supreme Court, and other courts to the Supreme Court. It provides information on filing notices of appeal, records on appeal, memoranda, briefs, fees, transmittal of records, and other procedural requirements and deadlines for different types of appeals.

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    This document outlines the procedures for appeals from lower courts to higher courts in the Philippines. It discusses the rules for appeals from Municipal Trial Courts to Regional Trial Courts, from RTCs exercising original jurisdiction to the Court of Appeals, petitions for review from RTC appellate decisions to the CA, and appeals and petitions from the CA, Supreme Court, and other courts to the Supreme Court. It provides information on filing notices of appeal, records on appeal, memoranda, briefs, fees, transmittal of records, and other procedural requirements and deadlines for different types of appeals.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    277 views2 pages

    Civ Pro Appeals

    Uploaded by

    Song Ong
    This document outlines the procedures for appeals from lower courts to higher courts in the Philippines. It discusses the rules for appeals from Municipal Trial Courts to Regional Trial Courts, from RTCs exercising original jurisdiction to the Court of Appeals, petitions for review from RTC appellate decisions to the CA, and appeals and petitions from the CA, Supreme Court, and other courts to the Supreme Court. It provides information on filing notices of appeal, records on appeal, memoranda, briefs, fees, transmittal of records, and other procedural requirements and deadlines for different types of appeals.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    MTC to RTC

    Rule 40
    MTC to RTC
    A judgment/ final order of MTC
    is appealable to RTC

    by notice of appeal of the decision of RTC


    in the exercise of its ORIGINAL jurisdiction

    case title remains


    designation of parties
    appellant -party appealing
    adverse-party appellee
    Questions of F/L/M
    When

    notice of appeal
    15 days after notice

    RTC(O) to CA
    Rule 41
    Ordinary Appeal

    Q.
    record on appeal
    30 days after notice
    BUT period can be
    interrupted by
    MR
    MNT
    Though no motion
    to extend time for
    its filing is allowed

    Fresh period

    fact
    mixed questions of Law and Fact

    Notice of appeal
    15 days from notice of
    judgment

    Record on appeal
    30 days
    BUT period can be
    interrupted by
    MR
    MNT
    Though no motion
    to extend time for
    its filing is allowed
    - HABEAS CORPUS - period is 48 hours from notice of J/FO
    Fresh period

    RTC (A) to CA
    Rule 42
    Petition for Review
    appeal to the CA
    J/FO of RTC APPELLATE Jurisdiction

    Petition for Review on Certiorari


    to SC

    -verified petition

    -verfied pertion
    questions judgment of
    CA. SB, RTC, other Courts
    pure questions of Law

    Q. Fact or Mixed Q F&L


    but not Q Law only
    15 days from notice of decision sought to be reviewed
    or denial of MNT or MR
    -CA may grant extension for 15 days
    No further extension can be given unless
    for the most compelling reason,
    but in no case to exceed 15 days

    -allows a party intending to appeal another 15 days


    from receipt of an order denying MR/MNT
    to file an appeal

    How

    When
    perfected

    indicating
    parties,
    J/ FO appealed from
    statement of material dates
    showing timeliness of appeal

    upo filing of notice in due time


    -Court loses jurisdiction
    upon perfecrtion and
    expiration of the time of
    appeal

    in special proceedings or cases allowing for multiple


    appeals
    a) Full name of the partirs
    including the J/FO from
    which appeal is taken
    b) copies of all
    pleadings,
    motions,
    interlocutory orders
    -as related to the appealed
    judgment
    -for proper understanding
    of the issue
    -in chronological order
    c) Date to show that appeal
    was filed on time
    d) issue of fact: reference to
    documentary evi
    -exb no. or letters
    testimonial evi
    -name of wit
    (if whole is included,
    statement to such effect
    is sufficient)
    e) subject index - if more than
    20 pages
    upon approval of the record
    on apeeal filed in due time
    -Court loses jurisdiction
    upon perfecrtion and
    expiration of the time of
    appeal
    APPROVAL of ROA
    within 5 days from receipt
    approve it
    order its amendment (Sec 7)
    if no
    motu pro pio
    objection
    upon motion
    is filed
    -amendment by the inclusion
    by the
    of omitted matters
    appellee
    which are deemed essential
    to the determination of the issue
    of law or facts involved
    in the appeal
    -Appellant must comply
    within the period stated,
    any extension granted or
    10 days (if no time is fixed)
    -submitting redrafted record
    for the approval of court
    Joint record on appeal
    may be filed where both parites are appellants

    This is power is known as RESIDUAL JURISDICTION


    In either case, prior to transmittal of the records, the court may issue orders:
    (a) protection and preservation of the rights of the parties not involving any matter
    litigated by the appeal

    same as Rule 40

    RTC, CA, SB, to SC


    Rule 45
    Appeal by Certiorari / PRC

    15 days from notice of J/FO or resolution


    or of Petition's denial of MNT/ MR
    - SC may grant extension of 30 days
    on justifiable reasons
    GR: Questions of LAW only
    Q. LAW
    -one that requires interp
    or application of law
    - doubt or difference arises
    as to what the law is pertaining to
    a state of facts

    Q. FACT
    -resolution of a
    factual dispute
    - doubt arises
    as to the truth or falsity of
    alleged facts

    a) full names of parites, WITHOUT impleading


    the lower ourt/judge
    b) specific material dates (filed on time
    c) statements of matters, issues,
    specification of error on fact/law and
    reasons/arguments relied upon
    d) accompanied by clearly legigble
    duplicate copies or true copies of judgment
    of lower court
    e) certification against forum shopping/
    verification

    a) full names of parites, WITHOUT impleading


    the lower ourt/judge
    b) indicate material dates
    c) concise statements of matters involved and
    reasons/arguments relid ipon
    d) clearly legible copies of judgment
    or final order/ reconsideration or
    certified true copies
    other material porion supporting the record
    e) Certificate agains forum shopping and
    verification

    -upon timely filing of the petition and


    payment of Docket Feess
    -Court loses jurisdiction
    upon perfecrtion and
    expiration of the time of
    appeal

    GR: only Questions of Law may be raised in PR


    XPT:
    1) conclusion is a finding grounded entirely on
    speculation, surmises, or conjectures;
    2) inference made is manifestly mistaken,
    absurd, or impossible
    3) grave abuse of discretion
    4) judgment is based on misaapprehension of
    facts
    5) CA, in making its findins, went beyond the
    issue of the case and the same is contrary
    to the admissions of the Appellant and
    Apellee
    6) findings of CA are contrary to those of
    trial courts
    7) finding of facts are conclusions without
    citations of specific evidence on which
    they are based
    8) facts set forth in the pet as well as in
    petitioner's main and reply briefs are not
    disiputed by the respondents
    9) finding of fact of CA is premised on
    supposed absence of evidence but
    is contradicted by evi on record
    10) CA manifestly overlook certain facts
    not disputed by parties and which, if
    properly considered, would justify a
    different conclusion

    GR: Appeal shall STAY the judgment/FO


    XPT:
    1) Cases covered by Summary Pro
    2) Rules provide otherwise

    Prior to transmittal of record / recprd on appeal,


    the RTC may, motu pro pio or on motion to dismiss:

    Residual jurisdiction until the same


    has been given DUE COURSE

    a) appeal having been taken out of time;

    -DUE COURSE

    RTC(CC) to CA
    Rule 43
    Petition for Review
    appeals frim CTA
    other quasi-judicial agencies
    RTC as commercial court
    to CA
    not applicable to J/FO
    under Labor Code
    Q - F/L/M

    15 days from notice or


    from date of its last publication,
    if publication is required by law
    for its effectivity or
    df the denial of MNT / MR
    - only 1 MR is allowed
    -CA may grant extension for 15 days
    No further extension can be given unless
    for the most compelling reason,
    but in no case to exceed 15 days

    procedural matters and reqs:


    similar to RULE 42 (PR)
    except: appeal under Rule 43 will
    NOT STAY the award, J/FO/R
    unless CA deems otherwis

    (b) approve compromises


    (c) permit appeals of indigent litigants
    (d) order execution pending appeal (e)
    (e) allow withdrawal of appeal.550

    b) non payment of docket and other lawful fees


    within reglementary period
    [if transmitted already, CA may dismiss)

    Dokcet Fees/ Other fees


    -paid to the clerk of court
    that rendered the judgment
    -proof of payment, transmitted with the records
    -Late payment may be admitted
    party shows willingess to abide by the Rules
    six days after filing notice of appeal
    and beyond the periof for perfercting an appeal
    -No dismissal of appeal, when delay in the payment of DF was
    not due to a desire to delay or defeat the ends of justice
    late payment which chauses no prejudice to anyone

    - shall be paid to the COC


    that rendered the judgment

    -FAILURE to pay is a ground for dismissal

    Transmital
    Duty of COC
    within 15 days from perfection
    NA/ ROA is transmitted by COC
    together with transcripts/exhibits
    COC will certify as complete
    copy is furnished to parties

    Duty of COC
    within 30 days from perfection
    a) verify correctness of the original record /record on
    appeal and make a certification as to correctness
    b) verify completeness of records transmitted
    to appellate court
    c) If incomplete, take necessary measures as may be
    required to complete records, availing of the authority
    that he or the court may exercise for this purpose
    d) transmit the records to the appellate court
    e) then furnish parties the transmital

    Once transmitted
    to RTC
    Duty of Parties
    Appellant
    -15 days from notice
    -shall submit a memorandum
    briefly discusing errors
    imputed by the lower court
    -copy furnished the adverse
    adverse party
    -Failure to file by appellant
    ground for dismissal
    of the appeal

    Appellee
    -15 days from receipt of
    appelants memorandum
    -may file his own memorandum

    RTC may
    affirm
    MTC is correct
    -ground of dismissal is lack of jurisdiction
    -RTC (if it has jursidcition)
    shall try the case on the merits
    as if the case was originally filed with it
    (Trial is needed)

    reversal
    MTC is wrong
    -remanded back for further proceedings

    Transcipts must be transcribed and


    transmittal to include proof of payment
    of docket fees

    Records are not transmitted within 30 days


    Remedy: either party may file a motion with RTC, with notice to the other, for transmittal
    to CA
    COC of CA
    -shall docket the case and notify the parties
    Appellant
    -if by Record on Appeal
    - w/in 10 days from notice
    -file with COC
    7 clearly legible copies of approved ROA and
    proof service to adverse party of 2 copies
    - Any unauthorized aletration, omission or addition
    shall be ground for dismissal
    - Appellant;s Brief

    Upon Filing or expiration


    -the case is submitted for decision
    on the basis of the record in the MTC and
    the memoranda submitted by the parties

    If appeal is taken
    Lower Court (MTC) dismissed the case
    without trial on the merits

    IF efforts to complete fail:


    it shall be indicated in the letter of
    transmittal:
    -which exhibits/transcripts are
    not included
    -resasons why they are not transmitted
    - the steps taken to make them available

    tried on the merits


    without jurisdiction
    RTC ( if it has original jurisdiction
    -shall not dismiss the case
    -but shall decide the case
    in accordance with Sec 7(ROA),
    w/o prejudice to the admisission
    of amended pleadings and
    additional evidence
    in the interest of justice
    (No trial is needed)

    - 45 days from notice


    -7 copies of brief
    -2 copies of proof servie to adverse party
    (Several parties
    1 counsel repesent 1 or more - not all may be served
    several counsel/ 1 party- service may be made on any one of them
    Contentst:
    1) subject index
    2) assignment of errors
    3) statement of the case
    4) statement of the facts
    5) statement of the issues
    6) arguments
    7) relief
    8) if not by record on appeal, an appendix,
    copy of J/FO appealed

    GR: No extention of time to file Briefs is allowed


    XPT: for good and sufficient cause,
    and only if filed before the expiration of time sought to be extended
    In Lieu of Briefs:
    MEMORANDA is required in
    Certiorari, prohibition, manadmus
    quo qarranto, habeas corpus
    -within a non-extendible period of 30 days from notice
    that all evidence is attached to the record
    Failure to file memoranda is ground to dismiss the appeal

    Appellee's Brief
    -45 days from receipt of
    appellant's brief
    -7 copies of brief
    -2 copies of PS to adverse

    1) subject index
    2) statement of facts,
    either a statement of
    acceptance or
    counter-statement of facts
    3) Arguments
    4) Reply Bried may be filed
    by appellant within 20 days
    from receipt of Appellee's
    Brief

    Once Filed: CA may


    a) Require the respondent to file a
    COMMENT, not a MD, within 10 days from notice
    b) Dismiss the petition
    - if found patently
    without merit,
    prosecuted manifestly for delay, or
    questions raised therin are too unsubstantial
    to require consideration
    COMMENT
    - filed in 7 copies
    -accompanied by certified true copies of
    such MATERIAL PORTIONS OF THE RECORD and
    OTHER SUPPORTING DOCUMENTS stating:
    a) Statements of WON he accepts the
    statement of matters
    b) Point out the insufficiencies/inaccuracies
    c) State REASONS why it should not be given
    due course.
    Copy must be served on adverse party
    GIVEN DUE COURSE when
    upon filing of the comment or
    expiration of period to file,
    CA finds PRIMA FACIE that the lower court
    has committed error of fact/law
    that will warrant a reversal /dismissal.
    CONSEQUENTLY, if deems necssary,
    CA will order the elevation by COC of RTC
    of the entire record withing 15 days
    CA may set it for
    oral argument or
    require memeoranda
    within 15 days from notice
    IT is SUBMITTED FOR DECISION
    after the filing of last pleading or mermorandum

    UPON Filing; SC may


    Dismiss
    1) failute to comply
    with requirements
    regarding:
    payment
    proof of serv
    contents/docs
    2) on its own initiative
    because it is
    without merit
    prosecuted for delay or
    issues are too unsubstantial
    to require consideration

    Allow Review
    not a matter of right
    but is discretionary,
    when there are special/
    impt reasins therefore:
    Examples:
    1) Lower court decided not
    determined by SC or
    LC decided in a way not in
    accord w/ Law or applicable
    decisions of SC
    2) LC has so far departed
    from the accepted and
    usual course of judicial
    proceedings,
    as to call for an exercise
    of the power of
    SUPERVISION

    IF DUE COURSE, SC can:


    1) Require elevation of records or
    specified portion thereof,
    within 15 days from notice
    2) Require filing of
    pleadings,
    briefs,
    memornda
    documents
    within periods / conditions it may
    consider appropriate and
    impose sanctions for non-filing /
    noncompliance or unauthorize filing

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