Appeals

ATTY. GEORGE S.D. AQUINO

What is the nature of the right to appeal?
• The right to appeal is not a natural right or part of due process. It is
merely a statutory privilege and may be exercised only in the manner
and in accordance with the provisions of the law or rule (Ortiz v. CA
G.R. No. 127393, Dec. 4, 1998)
oConsequently: The perfection of an appeal in the manner and
within the period prescribed by law is not only mandatory but also
jurisdictional (Manila Memorial Park Cemetery, Inc. v. CA, et al.,
G.R. No. 137122, Nov. 15, 2000)
What is the proper subject of an appeal?
• An appeal may be taken from a judgment or final order that
completely disposes of the case or of a particular matter therein.
(Rule 41, Sec. 1)
What are the orders or judgments that
cannot be appealed from?
• No appeal may be taken from the following:
1. An order denying petition for relief or any similar motion
seeking relief from judgment (because the remedy against such
an order is a petition for certiorari or prohibition under Rule 65)
2. An interlocutory order (because the remedy against such an
order is a petition for certiorari or prohibition [or even
mandamus] under Rule 65)
What are the orders or judgments that
cannot be appealed from?
3. An order disallowing or dismissing an appeal (because the
remedy against such an order is either certiorari or petition for
relief)
4. An order denying a motion to set aside a judgment by consent,
confession, or compromise on the ground of fraud, mistake or
duress, or any other ground vitiating consent (because the
remedy against a judgment based on compromise may either be
a petition for relief from judgment, action to annul judgment, or
a petition for certiorari under Rule 65)
No appeal may be taken from the following:
(continuation)
5. An order of execution (because the remedy against such an order is a
petition for certiorari under Rule 65)
6. A judgment or final order for or against one or more of several parties or
in separate claims, counterclaims, cross-claims, and third-party
complaints, while the main case is pending, unless the court allows an
appeal therefrom (because the aggrieved party must wait for the
decision in the entire case, although the court may allow a separate
appeal, in which case a record on appeal is necessary)
7. An order dismissing an action without prejudice (because the remedy of
the plaintiff, who is the party aggrieved by such dismissal, is to refile his
complaint; or he may file a petition for certiorari under Rule 65)
• The remedy common to all the above instances is certiorari, prohibition, or
mandamus under Rule 65. (Rule 41, Sec. 1.)
The trial court rendered a partial summary
judgment. May appeal be taken therefrom?
• No. As explained in Guevarra v. CA, No. L-49017, Aug. 30, 1983, 124
SCRA 297, a partial summary judgment, being interlocutory, may not
lapse into finality even where no appeal is taken therefrom as it is not
a final judgment. Hence, no appeal may be taken from a partial
summary judgment, except if the trial court will allow an appeal
therefrom.
What are the modes of appeal?
1. Rule 40
• Ordinary Appeal; MTC to RTC
2. Rule 41
• Ordinary Appeal; RTC to CA; questions of fact or mixed questions of fact and law
3. Rule 42
• Petition for Review; RTC to CA; questions of fact, of law, or mixed questions of fact
and law
4. Rule 43
• Petition for Review; Quasi-judicial agencies to CA; questions of fact, of law, or mixed
questions of fact and law
5. Rule 45
• Petition for Review on Certiorari; CA, SB, CTA, RTC to SC; questions of law
What are the instances when appeal to the Supreme Court by
means of a petition for review on certiorari under Rule 45 may
also raise questions of facts?

1. When the conclusion is a finding grounded entirely on speculations,

surmises, or conjectures
2. When the inference made is manifestly absurd, mistaken, or
impossible
3. When there is grave abuse of discretion in the appreciation of facts
4. When the judgment is premised on misapprehension of facts
5. When the findings of facts are contrary to the admissions of the
parties. (Remalante v. Tibe et al., G.R. No. L-59514, Feb. 25, 1988)
What are the instances when appeal to the Supreme Court
by means of a petition for review on certiorari under Rule
45 may also raise questions of fact, of law, or mixed
questions of fact and law?

1. Appeal in writ of kalikasan cases

2. Appeal in Habeas Data or Writ of Amparo cases
What should the Court of Appeals do to an
appeal erroneously brought to it?
• The Court of Appeals must dismiss it outright
When does a question of law exist?
• When the doubt or difference centers on what the law is on a certain
state of facts
• When the issue raised is capable of being resolved without need of
reviewing the probative value of the evidence. (Microsoft Corp. v.
Maxicorp, Inc., G.R. No. 140946, Sept. 13, 2004)
When does a question of fact exist?
• When the doubt centers on the truth or falsity of the alleged facts.
• When the issue invites a review of the evidence presented.
• When the query requires a re-evaluation of the credibility of
witnesses, or the existence or relevance of surrounding circumstances
and their relation to each other. (Microsoft Corp. v. Maxicorp, Inc.,
G.R. No. 140946, Sept. 13, 2004) see also: Eastern Shipping Lines, Inc.
v. BPI/MS Insurance Corp. et al., G.R. No. 193986, Jan. 15, 2014
How is ordinary appeal taken?

• An ordinary appeal is taken by filing a notice of appeal with the court

which rendered the judgment or final order appealed from and
serving a copy thereof upon the adverse party.
What should the notice of appeal indicate?

• If the appeal is from the judgment or final order rendered by the

Municipal Trial Court, the notice of appeal should indicate:
a) The parties to the appeal

b) The judgment or final order or part thereof appealed from

c) The material dates showing timeliness of the appeal (Sec. 3, Rule 40.)

• The adverse party shall be served with a copy of the notice of appeal
What should the notice of appeal indicate?

• If the appeal is from the judgment or final order rendered by the

Regional Trial Court, the notice of appeal should:
a) Indicate the parties to the appeal
b) Specify the judgment or final order or part thereof appealed from
c) Specify the court to which the appeal is being taken
d) State the material dates showing the timeliness of the appeal (Sec. 5, Rule
41.)
• The adverse party shall be served with a copy of the notice of appeal
What are examples of cases of multiple
appeals?
1. In an action for expropriation – where the adverse party may appeal
from the order of expropriation; and later, he may also appeal from the
judgment fixing the just compensation of the property expropriated
based on the commissioners’ report. (Rule 67, Secs. 4 and 8.)
2. In an action for foreclosure of real estate mortgage – where the adverse
party may appeal from the judgment on foreclosure, and, later, he may
also appeal from the order confirming the sale. (Rule 68, Secs. 2 and 3)
3. In an action for partition – where the adverse party may appeal from the
order of partition; and, later, he may also appeal from the judgment of
partition. (Rule 69, Secs. 2 and 11.)
What is the period for perfecting an ordinary
appeal?
1. If the appeal is by notice of appeal, the appellant must file a notice
of appeal within fifteen (15) days from notice of the judgment or
final order appealed from.
2. If the appeal is by notice of appeal and record on appeal, the
appellant must file a notice of appeal and record on appeal within
thirty (30) days from notice of the judgment or final order appealed
from.
3. An appeal in habeas corpus cases shall be taken within forty-eight
(48) hours from notice of the judgment or final order appealed
from. (Sec. 39, B.P. Blg. 129.)
What is the period for perfecting an ordinary
appeal?
4. An appeal from a judgment or final order in amparo cases shall be
taken to the Supreme Court under Rule 45 within five (5) working
days from the date of notice of the adverse judgment. The appeal
may raise questions of fact or law or both. (A.M. No. 07-9-12-SC
dated September 25, 2007.)
5. Similarly, an appeal from a judgment or final order in habeas data
cases shall be taken to the Supreme Court under Rule 45 within five
(5) working days from the date of notice of the adverse judgment.
The appeal may raise questions of fact or law or both. (A.M. No. 08-
1-16-SC dated January 22, 2008.)
Neypes, et al. v. CA, et al., G.R. No. 141524,
Sept. 14, 2005
• To standardize the appeal periods provided in the Rules and to afford
litigants fair opportunity to appeal their cases, the Court deems it
practical to allow a fresh period of 15 days within which to file the
notice of appeal in the Regional Trial Court, counted from receipt of
the order dismissing a motion for a new trial or motion for
reconsideration.
When is an ordinary appeal deemed
perfected?
1. A party’s appeal by notice of appeal is deemed perfected as to him
upon the filing of the notice of appeal in due time
2. A party’s appeal by record on appeal is deemed perfected as to him
with respect to the subject matter thereof upon the approval of the
record on appeal filed in due time. (Rule 41, Sec. 9)
• Section 7, Rule 41 requires a record on appeal to be approved by the
trial court. But a notice of appeal does not require court’s approval.
(Kho v. Camacho, et al., G.R. No. 82789, Nov. 21, 1991.)
• The parties may file a joint record on appeal where they are both
appellants. (Sec. 8, Rule 41.)
When does the trial court lose jurisdiction
over the case?
1. In appeal by notice of appeal, the court loses jurisdiction over the
case upon the perfection of the appeal filed in due time and the
expiration of the time to appeal of the other parties
2. In appeal by record on appeal, the court loses jurisdiction only over
the subject matter thereof upon the approval of the record on
appeal filed in due time and the expiration of the time to appeal of
the other parties. (Rule 41, Sec. 9.)
• Thus, in appeal by record on appeal, the trial court loses jurisdiction not over
the case but only over the subject matter of the appeal.
What court has the competence to rule that
an appeal is frivolous or dilatory?
• It is the appellate court, not the trial court. (Aquino v. Santiago, G.R.
No. L-56362, May 28, 1988 [161 SCRA 570].)
• Also, it is the appellate court that may dismiss the appeal for failure to
prosecute. (Esperas v. CA, G.R. No. 121182, Oct. 2, 2000 [341 SCRA
583].)
• Prior to the transmittal of the original record or the record on appeal
to the appellate court, the trial court may, motu proprio or on
motion, dismiss the appeal for having been taken out of time or for
non-payment of the docket and other lawful fees within the
reglementary period. (Rule 41, Sec. 13.)
Summary of the rules on appeal from the
judgments of the Regional Trial Court
1. Original Jurisdiction – in all cases decided by the RTC in the exercise
of their original jurisdiction, appeal may be made to:
a) The CA – questions of fact, or mixed questions of fact and law, by filing a
notice of appeal
b) The SC – questions of law, by filing a petition for review on certiorari under
Rule 45
2. Appellate Jurisdiction – appeal may be made to:
a) The CA – questions of fact, of law, or mixed questions of fact and law, by
filing a petition for review under Rule 42
May the 15-day period to file a petition for review
with the Court of Appeals be extended?

• Yes. It may be extended but only for another period of fifteen (15)
days. No further extension shall be granted except for the most
compelling reason and in no case to exceed fifteen days. (Rule 42,
Sec. 1.)
How shall appeal from quasi-judicial agencies
under Rule 43 be taken?
• By filing a verified petition for review with the Court of Appeals.
May a party withdraw his appeal that has
already been perfected? If so, when?
• Yes, he may withdraw his appeal. Section 3, Rule 50 of the 1997 Rules
of Civil Procedure provides: “An appeal may be withdrawn as of right
at any time before the filing of the appellee’s brief. Thereafter, the
withdrawal may be allowed in the discretion of the court.”
What are the grounds for annulment of
judgment?
1. Extrinsic Fraud
• However, extrinsic fraud shall not be a valid ground for annulment of
judgment if it was availed of, or could have been availed of, in a motion for
new trial or petition for relief. (Rule 47, Sec. 2.)
• If the judgment or final order or resolution is set aside on the ground of
extrinsic fraud, the Court of Appeals may on motion order the trial court to
try the case as if a timely motion for new trial had been granted therein.
(Pinausukan Seafood House-Roxas Blvd., Inc. v. Far East Bank and Trust Co.,
now Bank of the Philippine Islands, et al., G.R. No. 159926, Jan. 20, 2014.)
2. Lack of Jurisdiction
• If the ground relied upon is lack of jurisdiction, the entire proceedings are set
aside without prejudice to the original action being refiled in the proper
court. (Id.)
When is fraud regarded as extrinsic?
• Fraud is regarded as extrinsic or collateral where a litigant commits
acts outside of the trial of the case, the effect of which prevents a
party from having a trial, a real contest, or from presenting all of his
case to the court, or where it operates upon matters pertaining not to
the judgment itself but to the manner in which it was procured so
that there is not a fair submission of the controversy.
What is the period for the filing of an action
for annulment of judgment?
• If based on extrinsic fraud, the action must be filed within four (4)
years from its discovery;
• If based on lack of jurisdiction, the action must be filed before it is
barred by laches or estoppel (Rule 47, Sec. 3.)
• But an action for annulment of judgment can be resorted to only if
the remedies of new trial, appeal, petition for relief, or other
appropriate remedies are no longer available through no fault of the
petitioner. (Rule 47, Sec. 1.)
What are the remedies against a final and
executory judgment?
1. Petition for Relief from Judgment under Rule 38 when the judgment
has been taken against the party through fraud, accident, mistake,
or excusable negligence.
• The petition must be filed within sixty (60) days from knowledge of the
judgment and six (6) months from entry thereof.)
What are the remedies against a final and
executory judgment?
2. Action for Annulment of the Judgment. This is a direct action for
annulment on the ground of:
a) Extrinsic Fraud
b) Lack of jurisdiction over the subject matter or over the person of the
defendant
3. A direct action for certiorari under Rule 65; or a collateral attack
against the judgment if the judgment is void on its face or void by
its own recitals. (Arcelona v. CA, G.R. No. 102900, Oct. 2, 1997 [280
SCRA 20].)
In an action for annulment of judgment, is
extraneous evidence (or evidence not found
in the records of the case) admissible?
1. NO. If the action for annulment is based on lack of jurisdiction over
the person of the defendant or subject matter, only evidence found
in the records of the case can justify the annulment of said
judgment
2. YES. If the action for annulment is based on extrinsic fraud,
extraneous evidence is admissible (Arcelona v. CA, G.R. No. 102900,
Oct. 2, 1997 [280 SCRA 20].)
May a person not a party to the case in which the
judgment is rendered file an action for annulment
of judgment?
• Yes, but only if such person has been a successor in interest by title
subsequent to the commencement of the action, or the action or
proceeding is in rem the judgment of which is binding against him.
Otherwise, no. (Dare Adventure Farm Corp. v. CA, et al., G.R. No.
161122, Sept. 24, 2012.)

• Note: only a party may file a petition for relief from judgment or final
order. (Rule 38, Secs. 1 and 2.)
What is the remedy of a party aggrieved by a
decision of the CA in an action to annul a judgment
of the RTC?
• His remedy is a petition for review on certiorari under Rule 45 to be
filed with the SC where only questions of law may be raised. (Linzag v.
CA, G.R. No. 122181, June 26, 1998 [291 SCRA 304].)