c
c




  
There are 7 modes of appeal under the Civil Procedure

1. to the RTC from the MTC ± notice of appeal (Rule 40)

2. to the CA from
1. the RTC in its original jurisdiction ± notice of appeal (Rule 41)
2. the RTC in its appellate jurisdiction ± petition for review (Rule 42)
3. quasi-judicial agencies ± petition for review (Rule 43)
4. to the SC ± petition for review on certiorari (Rule 45)
5. Annulment of Judgments or Final Orders and Resolutions (Rule 47)
Period to appeal ± interrupted by MNT or MfR

1. by notice of appeal ± within 15 days after notice to appellant of judgment

2. by record on appeal ± within 30 days after notice to appellant of judgment
No extension of time to file MfR or MNT shall be allowed

Contents of the notice of appeal from MTC

1. the parties to the appeal

2. the judgment or final order or part thereof appealed from, and
3. the material dates showing the timeliness of the appeal.
Note that in notice appeal from MTC, the court to which the appeal is taken need not be stated. In notice of
appeal from the RTC, the court to which the appeal is taken is required to be stated.

A record on appeal shall be required only in

1. in special proceedings and

2. other cases of multiple or separate appeals.
Contents of the record on appeal (same as in appeals from RTC)

1. full names of all the parties stated in the caption

2. include the judgment or final order from which the appeal is taken
3. in chronological order, copies of only such related pleadings, petitions, motions and all
interlocutory orders
4. such data as will show that the appeal was perfected on time.
5. If an issue of fact is to be raised on appeal, the record on appeal shall include by reference all the
related evidence, testimonial and documentary
6. Subject index when the record on appeal exceeds 20 pages
In ejectment judgments, execution is stayed only if an appeal is made to the RTC, supersedeas bond is filed
and rentals continues to be paid pending appeal. Failure to pay rentals means execution ensues. The amount
of supersedeas bond should be the amount of back rentals. But further appeal from the RTC to the CA,
execution can no longer be stayed.

Cases that go to the SC are by petition for review on certiorari. The only instance when a case can go to the
SC on notice of appeal is in criminal cases where the penalty imposed is reclusion perpetua, or life
imprisonment.

From quasi-judicial agencies to the CA, the appeal is by petition for review. Appeal by itself does not stay
execution of the decision. It is stayed only if the CA issues a preliminary injunction.

On pure questions of law decided by RTC in its original jurisdiction, the appeal is directly to the SC by petition
for review on certiorari. Pure questions of law decided by RTC in its appellate jurisdiction, the appeal is still to
the CA.



c 

An appeal may be taken from a judgment or final order that completely disposes of the case, or of a particular
matter therein when declared by these Rules 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 vitiating consent;

(f) An order of execution;

(g) 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; and
(h) An order dismissing an action without prejudice.

In all the above instances where the judgment or final order is not appealable, the aggrieved party may file an
appropriate special civil action under Rule 65.


!""!#$
1. within 15 days from notice of the judgment or final order appealed from
2. where a record on appeal is required, within 30 days from notice of the judgment or final order.
The period of appeal shall be interrupted by a timely motion for new trial or reconsideration.

No motion for extension of time to file a motion for new trial or reconsideration shall be allowed.

!!#%!&cc

Period to file and serve petition for review from RTC to CA ± 15 days from notice of the decision sought to be
reviewed or of the denial of petitioner¶s MNT or MfR; extendible by another 15 days; further extension of 15
days only with compelling reason

A party has a fresh 15 days to file a petition for review from denial of the MFR or MNT, but only the remaining
period to file a notice of appeal.

The period to file a petition for review may be extended by the appellate court, but the period to file a notice of
appeal may not be extended by the court a quo.

The period to file MNT or MfR is always non-extendible. The period to file a notice of appeal is also not
extendible.[·
 

, 138 SCRA 46 (1985)] However, a period to file a petition for review may be
extended by 15 days, and for the most compelling reason, another 15 days.

#"'!"!'!''!!#%!&
1. patently without merit
2. prosecuted manifestly for delay, or
3. the questions raised therein are too unsubstantial to require consideration

Petitions for review, whether from quasi-judicial Ordinary appeals

agencies or from the RTC
Petitioner has fresh 15 days from notice of denial of Petitioner has only the remainder of the original
MNT or MfR to petition for review 15 days from notice of denial of MNT or MfR to
appeal

Period may be extended Non-extendible

Requires certificate of non-forum shopping Does not require certificate of non-forum

shopping

CA may dismiss motu propio CA has to entertain the appeal



 ()*c  + ,c 

Findings of the CA may be reviewed by the SC when:

(a) the conclusion is a fining grounded entirely on speculations, surmises or conjectures;

(b) the inference made is manifestly mistaken, absurd, or impossible;

(c) there is grave abuse of discretioin;

(d) the judgment is based on misapprehension of facts;

(e) finding of facts are conflicting;

(f) the CA, in making the findings, went beyond the issues of the case and the same is contrary to the
admissions made;

(g) CA manifestly overlooked certain relevant facts not disputed by the parties and which if properly
considered would justify a different conclusion



Distinctions between Rule 45 and Rule 65

(-$c!! .(/!c!%!/!#c!!

Only questions of law may be raised The only question that may be raised is whether
or not the respondent has acted with grave abuse
of discretion, or acted without or in excess of
jurisdiction
Required to be filed within 15 days from notice of Must be filed not later than 60 days from notice of
the judgment or final order or resolution appealed the judgment or order or resolution
from or of denial of motion for new trial or
consideration
The parties are the appellants and the appellees The parties are the aggrieved party and the
as petitioners and respondents, respectively respondent, the tribunal exercising judicial
function
Requirements for petitions filed with the Supreme Court and the Court of Appeals

1. Petitioner has not commenced any other action or proceeding involving the same issues in the SC, CA or
other tribunal or agency;

2. To the best of his knowledge, no such action or proceeding is pending before the SC, CA or other tribunal or
agency;

3. If there is such other action or proceeding pending, he must state the status of the same;

4. If he should thereafter learn that a similar action or proceeding has been filed or is pending before the SC,
etc., he undertakes to promptly inform said courts and such other tribunal or agency within 5 days therefrom.

Cases where multiple appeals are allowed:

1. Actions for recovery of property with accounting

2. Eminent domain

3. Foreclosure mortgage

 0 , 1*c121c

Section 1. At any time during the pendency of a case, the court may call the parties and their counsel to a
preliminary conference:

(a) To consider the possibility of an amicable settlement, except when the case is not allowed by law to be
compromised;

(b) To define, simplify and clarify the issues for determination;

(c) To formulate stipulations of facts and admissions of documentary exhibits, limit the number of witnesses to
be presented in cases falling within the original jurisdiction of the court, or those within its appellate jurisdiction
where a motion for new trial is granted on the ground of newly discovered evidence; and

(d) To take up such other matters which may aid the court in the prompt disposition of the case.
ROUNDS FOR DISMISSAL OF APPEAL (RULE 50):

(a) Failure of the record on appeal to show on its face that the appeal was taken within the period fixed by
these Rules;

(b) Failure to file the notice of appeal or the record on appeal within the period prescribed by these Rules;

(c) Failure of the appellant to pay the docket and other lawful fees as provided in section 4 of Rule 41;

(d) Unauthorized alterations, omissions or additions in the approved record on appeal as provided in section 4
of Rule 44;

(e) Failure of the appellant to serve and file the required number of copies of his brief or memorandum within
the time provided by these Rules;

(f) Absence of specific assignment of errors in the appellant¶s brief, or of page references to the record as
required in section 13, paragraphs (a), (c), (d) and (f) of Rule 44;

(g) Failure of the appellant to take the necessary steps for the correction or completion of the record within the
time limited by the court in its order;

(h) Failure of the appellant to appear at the preliminary conference under Rule 48 or to comply with orders,
circulars, or directives of the court without justifiable cause; and

(i) The fact that the order or judgment appealed from is not appealable.

3!'!',!#1&!-c( 4
1. filed after appeal has been perfected and before the CA loses jurisdiction.
2. round is newly discovered evidence which
1. could not have been discovered prior to the trial in the court below by the exercise of
due diligence and
2. is of such a character as would probably change the result.
3. accompanied by affidavits showing
1. the facts constituting the grounds therefore; and
2. the newly discovered evidence.
!5!#/''/5#!6--c(. 4
1. petitions for
1. certiorari
2. prohibition
3. mandamus
4. quo warranto
 5. habeas corpus
6. disciplinary proceeding against members of the judiciary and attorneys, and
7. cases affecting ambassadors, other public ministers and consuls
An appeal to the Supreme Court may be taken only by a petition for review on certiorari, except in criminal
cases where the penalty imposed is death, reclusion perpetua or life imprisonment. Hence for any civil
decision by the CA to go to the SC, it must be by pettion for review on certiorari.

#"'"!'!''-c
1. Failure to take the appeal within the reglementary period;
2. Lack of merit in the petition;
3. Failure to pay the requisite docket fee and other lawful fees or to make a deposit for costs;
4. Failure to comply with the reauirements regarding proof of service and contents of and the
documents which should accompany the petition;
5. Failure to comply with any circular, directive or order of the Supreme Court without justifiable
cause;
6. Error in the choice or mode of appeal; and
7. The fact that the case is not appealable to the Supreme court.


 1,  (7. 4

8!!#$/#

Preliminary Attachment ± a provisional remedy, incidental and ancillary to a principal action or proceeding, by
which the property of an adverse party is taken into legal custody as a security for the satisfaction of any
judgment that may be recovered by the plaintiff or any proper party, the granting of which lies within the sound
discretion of the judge taking cognizance of the principal case upon whose existence it depends.

Purpose of attachment ± to secure a contingent lien on defendant¶s property until plaintiff can obtain a
judgment and have such property applied to its satisfaction or to make provision for unsecured debts in cases
where the means of satisfaction thereof are liable to be removed beyond the jurisdiction or improperly
disposed of or concealed or placed beyond the reach of creditors.

9!#"'/#
1. Preliminary attachment ± given at the beginning or during the pendency of the action, or before
judgment becomes final
2. Final attachment ± given upon termination of the case to enforce or satisfy a final and executory
judgment
Attachment generally refers to corporeal property in the possession of a party. arnishment is a form of
attachment which refers to money, stocks, credits or other ncorporeal property which belongs to the party but
is in the possession or under the control of 3rd persons.
Attachment ± property is attached at any time before entry of judgment. Execution ± property is levied after
entry of judgment.
 #'#/'#&!//#$!''
1. In an action for the recovery of a specified amount of money or damages, other than moral and
exemplary, on a cause of action arising from law, contract, quasi-contract, delict or quasi-delict
against a party who is about to depart from the Philippines with intent to defraud his creditors;
2. In an action for money or property embezzled or fraudulently misapplied or converted to his own
use by a public officer, or an officer or a corporation, or an attorney, factor, broker, agent, or clerk,
in the course of his employment as such, or by any other person in a fiduciary capacity, or for a
willful violation of duty;
3. In an action to recover the possession of property unjustly or fraudulently taken, detained or
converted, when the property, or any part thereof, has been concealed, removed, or disposed of
to prevent its being found or taken by the applicant or an authorized person;
4. In an action against a party who has been guilty of a fraud in contracting the debt or incurring the
obligation upon which the action is brought, or in the performance thereof;
5. In an action against a party who has removed or disposed of his property, or is about to do so,
with intent to defraud his creditors; or
6. In an action against a party who does not reside and is not found in the Philippines, or on whom
summons may be served by publication.


8!!#$ #:#/!#(0 

Kinds of injunction

1. Prohibitory
1. preliminary
2. final
3. Mandatory ± an order which requires the performance of a particular act or acts
1. Preliminary
2. final
Preliminary Injunction ± an order granted at any stage of an action or proceeding prior to the judgment or final
order, requiring a party or a court, agency or a person to refrain from a particular act or acts. It may also
require the performance of a particular act or acts, in which case it shall be known as a preliminary mandatory
injunction.

#"'!''#/!!#$!#:#/!#
1. the applicant is entitled to the relief demanded, and the whole or part of such relief consists in
restraining the commission or continuance of the act or acts complained of, or in requiring the
performance of an act or acts either for a limited period or perpetually;
2. the commission, continuance or non-performance of the act or acts complained of during the
litigation would probably work injustice to the applicant; or
3. a party, court, agency or a person is doing, threatening or is attempting to do, or is procuring or
suffering to be done, some act or acts probably in violation of the rights of the applicant respecting
the subject of the action or proceeding, and tending to render the judgment ineffectual.
3!'!'!!#$!#:#/!#$'!#!#5"
 1. verified application showing facts entitling the applicant to the relief demanded
2. bond conditioned on paying the party enjoined all damages which he may sustain by reason of
the injunction or temporary restraining order if the court should finally decide that the applicant
was not entitled thereto
3. R: hearing. Exception: court may issue TRO if plaintiff may suffer grave or irreparable injury
†#!/##''%!/'#'!'#3!"
1. summons could not be served personally or by substituted service despite diligent efforts
2. the adverse party is a resident of the Philippines temporarily absent
3. the adverse party is a nonresident of the Philippines
5'!#:#/!#
72 hour TRO
1. if the matter is of extreme urgency and the applicant will suffer grave injustice and irreparable
injury
2. issued by executive judge of a multiple-sala court or the presiding judge of a single-sala court
3. issued ex parte, without hearing
4. thereafter must
1) serve summons and other documents

2) conduct summary hearing to determine whether the TRO shall be extended to 20 days until the
application for preliminary injunction can be heard

20-day TRO
1. If it shall appear from the facts shown by affidavits or by the verified application that great or
irreparable injury would result to the applicant before the matter can be heard on notice
2. If application is included in initiatory pleading
1) Notice of raffle shall be preceded, or contemporaneously accompanied, by service of summons,
together with a copy of the complaint or initiatory pleading and the applicant¶s affidavit and bond, upon the
adverse party in the Philippines.

2) Raffled only after notice to and in the presence of the adverse party or the person to be enjoined

1. issued with summary hearing (to determine whether the applicant will suffer great or irreparable
injury) within 24 hours after sheriff¶s return of service and/or records are received by the branch
selected by raffle
2. Within 20-day period court must
- order said party or person to show cause why the injunction should not be granted

- determine whether or not the preliminary injunction shall be granted, and accordingly issue the corresponding
order.

1. including the original 72 hours, total effectivity of TRO shall

1) not exceed 20 days, if issued by a RTC or MTC
2) not exceed 60 days, if issued by the CA or a member thereof

3) until futher orders, if issued by the SC

1. TRO is automatically vacated upon expiration of the period and without granting of preliminary
injunction
2. effectivity is not extendible without need of any judicial declaration to that effect
3. no court shall have authority to extend or renew the same on the same ground for which it was
issued.
4. Preliminary injunction
1. Hearing and prior notice to the party sought to be enjoined
2. If application is included in initiatory pleading
1) Notice of raffle shall be preceded, or contemporaneously accompanied, by service of summons,
together with a copy of the complaint or initiatory pleading and the applicant¶s affidavit and bond, upon the
adverse party in the Philippines.

2) Raffled only after notice to and in the presence of the adverse party or the person to be enjoined

1. Applicant posts a bond

2. Final injunction
Note that a bond is required only in preliminary injunctions, but is not required in TROs.

After lapse of the 20 day TRO, the court can still grant a preliminary injunction.

Note that irreparable injury is always a requisite in TROs. But in the 72 hour TRO, grave injustice must also be
shown. In the 20 day TRO, the ground is great or irreparable injury.

|  
 , 163 SCRA 1 (1988) Without a preliminary injunction, a TRO issued by the CA expires without
necessity of court action.
* Note that TROs issued by the SC are effected until further orders.

#"'-:/!#;!#"!''!#;!#:#/!#'!#!#5"
1. upon showing of insufficiency of the application
2. other grounds upon affidavit of the party or person enjoined
3. appears after hearing that irreparable damage to the party or person enjoined will be caused
while the applicant can be fully compensated for such damages as he may suffer, and the party
enjoined files a counterbond
4. insufficiency of the bond
5. insufficiency of the surety or sureties
8/!%'!(< 

Receiver ± an indifferent person between the parties to a case, appointed by the court to receive and preserve
the property or fund in litigation pendente lite, when it does not seem reasonable to the court that either party
should hold it

Purpose of receivership ± to preserve, administer, or dispose of property in litigation, pendente lite

#'#/'&#/!%'!$-5#"
1. the party applying for the appointment of a receiver has an interest in the property or fund which is
the subject of the action or proceeding, and that such property or fund is in danger of being lost,
or materially injured unless a receiver be appointed to administer and preserve it
2. in an action by the mortgagee for the foreclosure of a mortgage that the property is in danger of
being wasted or dissipated or materially injured, and that its value is probably insufficient to
discharge the mortgage debt, or that the parties have so stipulated in the contract of mortgage;
3. After judgment, to preserve the property during the pendency of an appeal, or to dispose of it
according to the judgment, or to aid execution when the execution has been returned unsatisfied
or the judgment obligor refuses to apply his property in satisfaction of the judgment, or otherwise
to carry the judgment into effect;
4. Whenever in other cases it appears that the appointment of a receiver is the most convenient and
feasible means of preserving, administering, or disposing of the property in litigation.
#&'/!%
1. to bring and defend, in such capacity, actions in his own name
2. to take and keep possession of the property in controversy
3. to receive rents
4. to collect debts due to himself as receiver or to the fund, property, estate, person, or corporation
of which he is the receiver
5. to compound for and compromise the same
6. to make transfer
7. to pay outstanding debts
8. to divide the money and other property that shall remain among the persons legally entitled to
receive the same
9. to do such acts respecting the property as the court may authorize.
However, funds in the hands of a receiver may be invested only by order of the court upon the written consent
of all the parties to the action.

No action may be filed by or against a receiver without leave of the court which appointed him.

8%!#.
A party praying for the recovery of possession of personal property may, at the commencement of the action
or at any time before answer, apply for an order for the delivery of such property to him, in the manner
hereinafter provided
#"#!.
Provisions of the Family Code:

Art. 194. Support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance,
education and transportation, in keeping with the financial capacity of the family.

The education of the person entitled to be supported referred to in the preceding paragraph shall include his
schooling or training for some profession, trade or vocation, even beyond the age of majority. Transportation
shall include expenses in going to and from school, or to and from place of work. (290a)

Art. 195. Subject to the provisions of the succeeding articles, the following are obliged to support each other to
the whole extent set forth in the preceding article:

(1) The spouses;

(2) Legitimate ascendants and descendants;

(3) Parents and their legitimate children and the legitimate and illegitimate children of the latter;

(4) Parents and their illegitimate children and the legitimate and illegitimate children of the latter; and

(5) Legitimate brothers and sisters, whether of full or half-blood

Art. 196. Brothers and sisters not legitimately related, whether of the full or half-blood, are likewise bound to
support each other to the full extent set forth in Article 194, except only when the need for support of the
brother or sister, being of age, is due to a cause imputable to the claimant¶s fault or negligence.