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JUDGMENT OR ORDER THAT ARE NOT APPEALABLE: RULE 41 SECTION 1:

an order denying a motion for new trial or a motion for reconsideration:


a.
b.
c.
d.
e.
f.
g.

an order denying a petition for relief or any similar motion seeking relief from judgment
an interlocutory order
an order disallowing or dismissing an appeal
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
an order of execution
a judgment or final order for or against one or more of several parties or in separate
claims, counterclaims and third-party complaints, while the main case is pending, unless
the court allows an appeal therefrom
an order dismissing an action without prejudice.

SUBJECT OF APPEAL: SECTION 1, RULE 41:


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 the rules to be appealable.

an interlocutory order is not appealable until after the rendition of the judgment on the merits for a
contrary rule would delay the administration of justice and unduly burden the courts.
an order dismissing a complaint for violation of the rule requiring a certification against forum
shopping. the order dismissing the complaint is generally not appealable. under section 5 rule 7 a
dismissal of this nature is as a rule a dismissal without prejudice. an order dismissing an action without
prejudice is not appealable under section 1g of rule 41 as amended.
a petition under rule 45 is a mode of appeal. under section 1a of rule 41 as amended the denial of a
petition for relief from judgment is subject only to a special civil action under rule 65 and not through a
petition for review in certiorari under rule 45 which is a mode of appeal.
notice of a motion denying a motion for new trial or reconsideration if the subject of the motion is an
order dismissing the action without prejudice. the filling of appeal is the wrong remedy because an
order dismissing an action without prejudice is not appealable. the order may be the subject of the
special civil action of certiorari under rule 65.
REMEDY IN CASE THE JUDGMENT OR FINAL ORDER IS NOT APPEALABLE:
in any of the foregoing circumstances the aggrieved party may file an appropriate
special civil action as provided in rule 65.
as of December 27, 2007 an aggrieved party may no longer assail an order denying a
motion for new trial or a motion for reconsideration by way of rule 65 as per a.m. no.
07-7-12sc, such ground having been removed from the enumeration in section 1 of
rule 41. the proper remedy is to appeal from the judgment section 9 rule 37.
ISSUES THAT MAY BE RAISED ON APPEAL: SECTION 14. RULE 44:

Whether or not the appellant has filed a motion for new trial in the court below, he may include
in his assignment or errors any question of law or fact that has been raised in the court below
and which is within the issues framed by the parties.

ISSUES THAT THE APPELLATE COURT DECIDES ON APPEAL; NO CHANGE OF THE THEORY ON
APPEAL:
a reading of the terms of section 8 rule 51 discloses a basic appellate rule with respect to
unassigned errors: the appellate court shall consider no error unless stated in
assignment of errors.
as a rule no question will be entertained on appeal unless it has been raised in the court below.
points of law, theories, issues and arguments not brought to the attention of the lower court
ordinarily will not be considered by a reviewing court because they cannot be raised for the
first time at that late stage.
it is well settled that issues raised for the first time on appeal and not raised in the proceedings
in the lower court are barred by estoppels.
WHEN ERRORS NOT RAISED ON APPEAL MAY BE CONSIDERED:
the rule that the appellate court shall not consider errors no raised in the assignment of errors
is not an absolute one. section 8 of rule 51 precludes its absolute application allowing as it does certain
errors which even if not assigned may be ruled upon by the appellate court. hence the court may
consider an error not raised on appeal provided the same falls within any of the following categories:
a.
b.
c.
d.

it is an error that affects the jurisdiction over the subject matter


it is an error that affects validity of the validity of the judgment appealed from
it is an error which affects the validity of the proceedings
it is an error closely related to or dependent on an assigned error and properly argued in
the brief

e.

it is a plain and clerical error

JURISPRUDENCE LIKEWISE PROVIDES SOME EXCEPTION TO THE RULE:


a.
grounds not assigned as errors but affecting jurisdiction over the subject matter
b.
matters not assigned as errors on appeal but are evidently plain or clerical errors
within contemplation of law
c.
matters no assigned as errors on appeal but consideration of which is necessary in
arriving at a just decision and complete resolution of the case or to serve the interest of justice
or to avoid dispensing piecemeal justice.
d.
matters not specifically assigned as errors on appeal but raised in the trial court and
are matters of record having some bearing on the issue submitted which the parties failed to
raise or which the lower court ignored
e.
matters not assigned as errors on appeal but closely related to an error assigned
f.
matters not assigned as errors on appeal but upon which the determination of a
question properly assigned is dependent.
PAYMENT OF DOCKET FEE:
mandatory for the perfection of an appeal
without such payment the appellate court does not acquire jurisdiction over the subject matter
of the action and the decision sought to be appealed from becomes final and executory
mandatory and jurisdictional non-compliance with which is fatal to an appeal
paid to the clerk of the court which rendered the judgment or final order appealed from.
APPEAL FROM MUNICIPAL TRIAL COURTS TO THE REGIONAL TRIAL COURTS
WHERE TO APPEAL FROM A JUDGMENT OR FINAL ORDER OF A MUNICIPAL COURT:
an appeal from a judgment or final order of a municipal trial court may be taken to the regional
trial courts exercising jurisdiction over the area to which the former pertains.
WHEN TO APPEAL:
may be taken 15days after notice to the appellant of the judgment or final order appealed from
record on appeal is required: the appellant shall file a notice of appeal and a record on appeal
within 30 days after notice of the judgment or final order
record on appeal is required only in special proceedings and in cases of multiple or separate
appeals.
HOW TO APPEAL:
a. filling a notice of appeal with the court that rendered the judgment or final order appealed
from
b. serving a copy of the notice to the adverse party
CONTENTS OF NOTICE OF APPEAL:
a.
b.
c.

indicate the parties to the appeal


the judgment or final order or part thereof appealed from
state the material dates showing the timeliness of the appeal