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    Appellee's Brief Requirements

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    Ige Ortega
    The document discusses the requirements for an appellee's brief under Section 14 of Rule 44 of the Rules of Court. It concludes that while an appellant's brief must include a certified true copy of the decision appealed from, there is no express requirement for an appellee's brief to include this. It analyzes the rules and relevant jurisprudence and commentaries, and finds no discussion requiring an appellee to append the decision. Therefore, an appellee does not need to append a certified true copy of the decision to their brief.

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    Appellee's Brief Requirements

    Uploaded by

    Ige Ortega
    111 views2 pages
    The document discusses the requirements for an appellee's brief under Section 14 of Rule 44 of the Rules of Court. It concludes that while an appellant's brief must include a certified true copy of the decision appealed from, there is no express requirement for an appellee's brief to include this. It analyzes the rules and relevant jurisprudence and commentaries, and finds no discussion requiring an appellee to append the decision. Therefore, an appellee does not need to append a certified true copy of the decision to their brief.

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    Appellee's Brief Requirements

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    The document discusses the requirements for an appellee's brief under Section 14 of Rule 44 of the Rules of Court. It concludes that while an appellant's brief must include a certified true copy of the decision appealed from, there is no express requirement for an appellee's brief to include this. It analyzes the rules and relevant jurisprudence and commentaries, and finds no discussion requiring an appellee to append the decision. Therefore, an appellee does not need to append a certified true copy of the decision to their brief.

    Copyright:

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

    Appellee's Brief Requirements

    Uploaded by

    Ige Ortega
    The document discusses the requirements for an appellee's brief under Section 14 of Rule 44 of the Rules of Court. It concludes that while an appellant's brief must include a certified true copy of the decision appealed from, there is no express requirement for an appellee's brief to include this. It analyzes the rules and relevant jurisprudence and commentaries, and finds no discussion requiring an appellee to append the decision. Therefore, an appellee does not need to append a certified true copy of the decision to their brief.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
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    There’s no need for the Appellee to append a certified true copy of the decision/order

    According to Section 14, Rule 44 of the Rules of Court, the Appellee's Brief shall contain the
    following:
    1. A subject index of the matter in the brief with a digest of the arguments and page
    references, and a table of cases alphabetically arranged, textbooks and statutes cited
    with references to the pages where they are cited;
    2. Under the heading "Statement of Facts," the appellee shall state that he accepts the
    statement of facts in the appellant's brief, or under the heading "Counter-Statement of
    Facts," he shall point out such insufficiencies or inaccuracies as he believes exist in the
    appellant's statement of facts with references to the pages of the record in support
    thereof, but without repetition of matters in the appellant's statement of facts; and
    3. Under the heading "Argument," the appellee shall set forth his arguments in the case on
    each assignment of error with page references to the record. The authorities relied on
    shall be cited by the page of the report at which the case begins and the page of the
    report on which the citation is found.

    There is no express requirement under the Rules of Court that an Appellee’s Brief be
    accompanied by a certified true copy of the decision appealed from. Compare this with the
    requirements for an Appellant’s Brief in civil cases found in Section 13 of Rule 44, which
    expressly includes the need to attach a copy of the RTC order - “In cases not brought up by
    record on appeal, the appellant's brief shall contain, as an appendix, a copy of the judgment or
    final order appealed from.”

    Also, it is the Appellant which the Rules expressly require to append a certified true copy of the
    decision or final order appealed from in criminal cases. Section 7 of Rule 124 provides that
    “[t]he briefs in criminal cases shall have the same contents as provided in sections 13 and 14 of
    Rule 44. A certified true copy of the decision or final order appealed from shall be appended to
    the brief of appellant.”

    There seems to be no case which directly answers the question of whether or not an Appellee’s
    Brief must be appended with a certified true copy of the decision. Moreover, the discussion on
    Appellee’s Briefs on the commentaries I read ​FOOTNOTE1 focus on the fact that the appellee
    cannot ask that the judgment be modified without appealing himself. Based on the Rules of
    Court and the lack of discussion in jurisprudence and commentaries, I can confidently conclude
    that the Appellee does not need to append the decision in his brief.

    There must be reference to the records of the case

    1
    Recaredo P. Barte, Law on Appeals Revisited, p. 143 (2015)
    Mangotawar M. Gubat, Rules of Civil Procedure Annotated, p.525 (2015)
    Oscar B. Bernardo, The Book on Judgments, Appeals, and Execution, 233 (3rd Ed. 1999)
    Lucas P. Bersamin, Appeal and Review in the Philippines, 196 (2nd Ed. 1999)
    Section 14 of Rule 44 requires that the appellee, in his brief, “point out such insufficiencies or
    inaccuracies as he believes exist in the appellant's statement of facts with references to the
    pages of the record in support thereof”. It likewise requires that the appellee “set forth his
    arguments in the case on each assignmens t of error with page references to the record”.

    The case of De Liano vs. CA2, albeit speaking of Appellant’s Briefs, tell us that -
    “Page references to the record are not an empty requirement. If a statement of fact is
    unaccompanied by a page reference to the record, it may be presumed to be without support in
    the record and may be stricken or disregarded altogether”

    2
    De Liano vs. CA, G.R. No. 142316, 370 SCRA 349 (2001)

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