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1997 Rules on Civil Procedure2001 Edition
Rule 41 –Appeal FromThe Regional Trial Courts
Rule 41APPEAL FROM THE REGIONAL TRIAL COURTS
Majority of the important rules are found here in Rule 41.
Section 1.
Subject of appeal.
An appeal may be taken from a judgment or final order thatcompletely disposes of the case, or of a particular matter therein when declared by theseRules to be appealable.No appeal may be taken from:(a) An order denying a motion for new trial or reconsideration;(b) An order denying a petition for relief or any similar motion seeking relief from judgment;(c) An interlocutory order;(d) An order disallowing or dismissing an appeal;(e) 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 vitiatingconsent;(f) An order of execution;(g) A judgment or final order for or against one or more of several parties or inseparate claims, counterclaims, cross-claims and third-party complaints, while the maincase is pending, unless the court allows an appeal therefrom; and(h) An order dismissing an action without prejudice.In all the above instances where the judgment or final order is not appealable, theaggrieved party may file an appropriate special civil action under Rule 65. (n)
Q: What orders or judgment are subject to appeal ?A: Only
FINAL
 judgments or orders can be appealed as distinguished from interlocutory judgments or orders(paragraph [c])which are not appealable.
FINAL JUDGMENT OR ORDERS
—the term
‘final’ 
has two (2) possible meanings in Civil Procedure:[1] The judgment is
final 
in the sense that it is already executory and that happens if there is no appeal. Andthat is for purposes of applying Rule 39 on execution.[2] The judgment is
final 
in the sense that it is not merely interlocutory and this is for the purpose of applyingthe law on appeal under Rule 41. In other words, a final order or judgment (for purposes of appeal) is one which isnot merely interlocutory in the sense that it completely disposes of the case or a particular matter therein wherethere is nothing more for the court to do after its rendition. (Bairan vs. Tan Sui Lay, L-19460, Dec. 28, 1966)Q: What is the definition of a final judgment or for purpose of appeal?A:A judgment or order is final if it disposes of the pending action so that nothing more can be done in thetrial court with respect to its merits. (Salazar vs. De Torres, 58 O.G. 1713, Feb. 26, 1962; Bairan vs. Tan Sui Lay,L-19460, Dec. 28, 1966)Q: On the other hand, what is an interlocutory judgment or order?A: An interlocutory order is something which does not completely dispose of the action and there is stillsomething for the court to do after its rendition. (Olsen & Co. vs. Olsen, 48 Phil. 238; Restauro vs. Fabrica, 80Phil. 762) Actually, the law does not prohibit a party from appealing an interlocutory judgment or order, only youcannot appeal immediately. (Abesamis vs. Garcia, 98 Phil. 762)Q: What is the
test 
for determining whether a judgment or order is final or interlocutory?A: The test for the determination of whether a judgment or order is final or interlocutory is this:
Does it leavesomething to be done in the trial court with respect to the merits of the case?
If it does, it is interlocutory, hence,you cannot appeal yet; if it does not, it is final and therefore you can appeal. (Reyes vs. De Leon, L-3720, June24, 1952)
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1997 Rules on Civil Procedure2001 Edition
Rule 41 –Appeal FromThe Regional Trial Courts
So you must know the meanings of the word ‘final’ in civil procedure to avoid confusion. A good example isSection 20 of Rule 3 where the word ‘final’ was first mentioned:
Rule 3, Sec. 20.
 Action on contractual money claims
. - When the action is for recovery of money arising from contract, express or implied, and the defendant dies
before entry of final judgment 
in the court in which the action was pending at the time of such death, itshall not be dismissed but shall instead be allowed to continue until entry of final judgment. A favorable judgment obtained by the plaintiff therein shall be enforced in themanner especially provided in these Rules for prosecuting claims against the estate of adeceased person. (21a)
The word
final 
here in Section 20 refers to the second meaning that the judgment is final in the sense that it isnot merely interlocutoryBAR QUESTION: Plaintiff 
vs
. Defendant. Defendant file a motion to dismiss under Rule 16. The court grantedthe motion and consequently ordered the dismissal of the complaint of the plaintiff. Can the plaintiff appeal fromthe order dismissing his complaint?A: We will apply the test:
Is there anything more for the court to do after issuing the order of dismissal?
Walana! [Awanen!] Ano pa ba ang gagawin eh na-dismiss na nga eh! Therefore, the order of dismissal is a final order –it has completely disposed of the case – hence, the plaintiff can appeal.PROBLEM: Let’s modify the problem: Plaintiff vs. Defendant. Defendant file a motion to dismiss under Rule16. The court denied the motion to dismiss. Can the defendant appeal from the order of the court denying hismotion to dismiss?A: Again, we will apply the test:
Is there anything more for the court to do after denying the motion to dismissof the defendant?
Yes because after the court denies such motion, the defendant will now file his answer, thenthere will be pre-trial, trial, judgment. Meaning, after denying the motion to dismiss, may trabaho pa ako.Therefore, the order denying the motion to dismiss is interlocutory, hence the defendant cannot appeal.Q:So how do you appeal from an interlocutory order?A:The procedure if there is an order which is against you but it is not appealable, you have to wait. The caseis to be tried and then you have to wait for the final judgment to be rendered and if you are dissatisfied with the judgment, that is the time you appeal from the said judgment together with the interlocutory orders issued in thecourse of the proceeding. (Mapua vs. Suburban Theaters, Inc., 81 Phil. 311) So there should only be one appealform that case. That’s why, as a general rule, the law on Civil Procedure prohibits more that one appeal in onecivil action.The
reasons
why interlocutory orders are not appealable are to avoid multiple appeals in one civil case sincethe order is interlocutory
and 
the court still continues to try the case in the course of the proceeding, the court willrealize its error and the court may change its order so it will be given an opportunity to corrects its own mistake.(Manila Elec. Co. vs. Artiaga, 50 Phil. 147)Take note of the new rule saying that a judgment or order is final if it disposes of the case or of aPARTICULAR MATTER. So, it is not necessarily the whole case.In the case of DAY vs. RTC (191 SCRA 640), a case filed by A against B, X filed a motion to intervene and itwas denied. Can X appeal the denial? Now, it would seem that the order is interlocutory because the court, after denying the motion to intervene, still has something to do since the case between A and B will continue. Butaccording to the SC, YES, X can appeal because the order denying the motion to intervene is final.But is it not true that the court has something to do after denying such motion? Yes but what the SC is tryingsaying is that, as far as X’s right is concerned, the court has nothing to do anymore. Marami pa akong trabahodito (case between A and B), pero kay X wala na. That is why the order denying the motion to intervene is a finalorder and is appealable. Kaya nga the test that there is nothing more for the court to do is very confusing. Inother words, you divide the case into parts.
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1997 Rules on Civil Procedure2001 Edition
Rule 41 –Appeal FromThe Regional Trial Courts
DAY
vs
. RTC OF ZAMBOANGA CITY191 SCRA 640HELD
: “An order which decides an issue or issues in a complaint is final and appealable,although the other issue or issues have not been resolved, if the latter issues are distinct andseparate from the others.”
REPUBLIC
vs
. TACLOBAN CITY ICE PLANT258 SCRA 145 [1996]HELD
: “A court order is final in character if it puts an end to the particular matter resolved or settles definitely the matter therein disposed of, such that no further questions can come before thecourt except the execution of the order. Such an order or judgment may validly refer to the entirecontroversy or to some definite and separate branch thereof.”So the opening paragraph of Section 1 is in accordance with the DAY and TACLOBAN cases. In other words,either the whole case is disposed of or a particular matter therein has been disposed of.Q:If I cannot appeal because Section 1 of Rule 41 prohibits an appeal, is there a way of hastening the issuebefore the appellate court in order to avoid the waste of time and effort and money of entering into a trial which isnull and void because of lack of jurisdiction?A:The answer is the last paragraph of Section 1:
In all the above instances where the judgment or final order is not appealable, theaggrieved party may file an appropriate special civil action under Rule 65. (n)
So if appeal is not available, the correct remedy is an appropriate special civil action under Rule 65. There arethree civil actions there: Certiorari, Prohibition, Mandamus.The present Rule 41 tells us exactly what orders cannot be appealed:
(a) An order denying a motion for new trial or reconsideration;
So when a motion for new trial or reconsideration is denied, there is no appeal from that order. Your remedyis you appeal from the judgment, not from the order denying your motion for new trial or reconsideration. That isfound on Rule 37, Section 9:
Section 9.
Remedy against order denying a motion for new trial or reconsideration.-
Anorder denying a motion for new trial or reconsideration is not appealable, the remedybeing an appeal from the judgment or final order.
So the correct remedy is in Rule 37 – you appeal from the judgment, not from the order denying the motionfor new trial or reconsideration.
(b) An order denying a petition for relief or any similar motion seeking relief from judgment;
Paragraph [b] has changed some decided cases in the past. Before, an order granting a petition for relief isinterlocutory but an order denying a petition for relief is final. NOW, wala na yan! Whether it is an order granting or denying a petition for relief, you cannot appeal.So what is remedy for such order? Go with special civil action under Rule 65 as provided in the lastparagraph of Section 1.Give an example of an order denying a motion other than a petition for relief: motion for new trial. So it is notappealable.
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