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Rules 37-38, 40-47, 52-53

Before Judgement becomes final and executory:

a. Motion for Reconsideration

b. Motion for New Trial
c. Appeal

Rule 37

New Trial or Reconsiderations

When to File: Within the period for taking an appeal

Where to File: With the trial court which rendered the judgement or final order.

Pro-Forma Motion

- Does not comply with Rule 15 and Rule 37, e.g. no notice of hearing; does not point out specifically
the findings of the judgment that are contrary to law; does not make any express reference to
testimonial evidence or documentary evidence misapprehended or there is no affidavit of merit.
- Does not toll or suspend the running of the reglementary period of appeal.

Requirements under Rule 15:

1. In writing except those made in open court

2. Must state the relief sought and the grounds relied upon;
3. Accompanied by such affidavits as required by law; and
4. There must be notice of hearing with proof of service to all parties.

Motion for New Trial

To set aside the judgment or final order and grant a new trial


a. Fraud (extrinsic), Accident, Mistake, Excusable Negligence

- Requires Affidavit of Merit (unless the movant has been deprived of his day in court)
Sets forth the facts and circumstances alleged to constitute FAME
Sets forth the particular facts claimed to constitute the movants meritorious
cause of action or defense.
b. Newly Discovered Evidence
- Elements:
Could not have been discovered or produced during trial;
Discovered only after trial;
If presented would probably alter the result.
- Requires Affidavit of Witnesses and provides for the matters to be testified by the


- Original judgment is vacated and trial de novo ensues;
- Evidence taken in the former trial may not be presented anymore so long as it is competent
and material to establish the issues.
- The usual next recourse is to appeal the judgment or final order; OR
- File a Second Motion for New Trial provided the ground relied upon is evidence not existing
or available when the first motion was made.
- NOTE: Neypes Rule where a fresh period of 15 days from receipt or notice of the order
denying or dismissing the motion for reconsideration within which to file a notice to appeal.

Motion for Reconsideration

To reconsider or amend judgment or final order


a. Damages awarded are excessive;

b. Evidence presented is insufficient to justify the decision or final order;
c. Decision or final order is contrary to law.


- if found that damages are excessive or the judgement or final order is contrary to law or
evidence, the court may AMEND the questioned judgement or final order.
- Appeal the original judgment or final order.
- NO second motion for reconsideration allowed.

APPEALS in General

- Appeal is not part of due process but a mere statutory privilege exercised only in the
manner provided by law
- APPEAL is available to be taken only from judgements or final orders that completely
dispose of the case. Interlocutory orders are not appealable until after rendition of
judgement on the merits.
1. An order denying a MNT or MR;
2. An order denying a petition for relief or any similar motion seeking relief from judgment;
3. An interlocutory order;
4. An order disallowing or dismissing an appeal;
5. An order denying a motion to set aside a judgement by consent, confession or compromise
on the ground of fraud, mistake, or duress or any ground vitiating consent;
6. An order of execution;
7. An order dismissing an action without prejudice;

Remedy against judgments or orders which are not appealable:

- File a Special Civil Action under Rule 65 referring to certiorari, prohibition, and mandamus
and allege and prove that the same were issued without jurisdiction, with grave abuse of
discretion or in excess of jurisdiction, all amounting to lack of jurisdiction.


General Rule: Only question raised in the courts below are allowed to be taken to upheld fair play,
justice, and due process.


1. Affects the jurisdiction over the subject matter;

2. Affects the validity of the judgment appealed form
3. Affects the proceedings;
4. Error is closely related to an assigned error;
5. Plain clerical error.

RULE 40: Appeal from MTC TO RTC

Where: to the RTC exercising jurisdiction over the area of the MTC

- Title of the case shall remain but the party appealing shall be further referred to as
APPELLANT and the adverse party as APPELLEE


1. Notice of Appeal - 15 days after notice to the appellant of the judgment appealed from
2. Record on Appeal 30 days


1. Notice of Appeal with the MTC that rendered the judgment or final order appealed from
a. Parties to the appeal;
b. Judgment or final order or part thereof appealed from;
c. Material dates showing timeliness of appeal
2. Record on Appeal applies only in special proceedings and other cases with multiple or
separate appeals (i.e. Rule 69 on Partition; 109 on Appeals on Special Proceedings)
a. Full names of the parties (stated in the caption of the record on appeal);
b. Judgment or final order from which appeal is taken (in chronological order);
c. Copies of relevant pleadings, petitions, motions, and all interlocutory orders related to
the appealed judgment or final order;
d. Material dates showing timeliness of appeal
e. If issue of fact is raised, REFERENCE to all evidence by exhibit numbers or letters;
If the whole evidence is to be included, state as such without the requisite
f. If 20 pages or more, include INDEX.


1. Notice of Appeal
- Filing of the notice in due time
- Court loses jurisdiction after perfection of the appeal and expiration of the time to appeal of
the other parties.
2. Record on Appeal
- With respect to the subject matter upon approval of the record on appeal in due time
- Court loses jurisdiction after approval of the record on appeal and expiration of the time to
appeal of the other parties.

Residual Jurisdiction

- Before the transmittal of original record or record on appeal, the court may issue orders for
the protection and preservation of the rights of the parties which do not involve any matter
litigated by the appeal, approve compromises, permit appeals of indigent litigants, order
execution pending appeal in accordance with 2 of Rule 39, and allow withdrawal of the


- Paid within the period of taking an appeal to the COC of the court which rendered the
- Proof of payment shall be transmitted to the AC with the original record or record on


- Within 15 days form perfection;

a. transmit the original record or record on appeal;
b. include transcripts, exhibits (certified as complete)
c. A copy of letter of transmittal of record shall be furnished the parties.

DUTY OF COC OF LOWER COURT UPON PERFECTION: Within 30 days after perfection:

a. Verify correctness of the original record or record on appeal;

b. Verify completeness of records to be transmitted to the AC;
- 5 copies of transcripts of testimonial evidence.
c. Transmit the records to the AC together with:
i. proof of payment of AC docket and lawful fees;
ii. certified true copy of minutes of proceedings;
iii. order of approval;
iv. certificate of correctness;
v. original documentary evidence referred to in appeal;
vi. Original and 3 copies of the transcript.

RULE 41: RTC (original) to CA

PROCEDURE IN RTC: Upon receipt of complete records:

a. Notify the parties of such fact

b. Within 15 days, appellant must submit a MEMORANDUM (brief discussion of imputed
errors) furnished to adverse party.
c. Within 15 days, appellee may or may not file a memorandum
d. If appellee files, or period expires, the case is deemed submitted for decision.

RULE 41: Petition for Review from RTC (appellate) to CA

HOW? Within 15 days from receipt of judgment or final order or receipt of denial of MNT or MR:

- Verified petition for review with the CA;

- Pay to COC of CA docket and other lawful fees;
- Deposit P500 for costs;
- Furnish the RTC and adverse party with copy of the Petition

PETITON: Form and Contents:

- Petition must be filed in 7 legible copies (original intended for the CA labeled as such):
a. State the full names of the parties to the case (without impleading the lower court or
b. Indicate specific material dates showing timeliness;
c. Concise statement of matters involved, issues raised, errors of fact or law, or both
allegedly committed by RTC, and reasons relied upon;
d. Accompanied with clearly legible duplicate originals or true copies of the judgment or
final orders of both lower courts
e. Verification and Certificate of Non-Forum Shopping

FAILURE to comply with the requirements shall be sufficient ground for the dismissal of the petition.

a. May require respondent to comment within 10 days from notice;

b. Dismiss the petition if without merit, prosecuted manifestly for delay;
c. Give due course to the petition;
- Order the COC of the RTC to elevate the original record of the case including oral and
documentary evidence within 15 days from notice.
- Within 15 days from notice, may set case for oral argument or the submission of
- Deemed submitted for decision upon filing of last pleading or memo.

PERFECTION of Petition for Review: Upon timely filing and payment of docket and other lawful fees

- Court loses jurisdiction

- Residual Powers before CA gives due course to the petition
- Stays the judgement or final orders except in cases under SUMMARY PROCEDURE.


RULE 44: Ordinary Appealed Cases


a. Title from court of origin remains (Appellant v. Appellee)

b. Counsel and guardian ad litem remain unless different, in which case notice be given to
adverse party and CA.
c. Record not transmitted within 30 days after perfection, either party may file a motion
with the trial court for the transmittal.
d. COC of CA will DOCKET with notice to parties: upon receipt of original or record on
appeal and other accompanying exhibits and proof of payment.
e. Within 10 days from receipt of notice in d, file 7 legible copies of approve record on
appeal, with proof of service of 2 copies to the appellee
f. Within 45 days, appellant must file an appellants brief
g. Within 45 days, appellant must file an appellees brief
h. 20 days from receipt of appellees brief, appellant may file a reply.
i. MEMORANDA 30 days non-extendible in certiorari, mandamus, quo warranto and
habeas corpus cases. (failure ground for dismissal)

CONTENTS OF APPELLANT'S BRIEF: Shall contain, in the following order:

a. Subject index of the brief with digest of arguments and page references, table of cases and laws
cited alphabetically
b. Assignment of errors distinctly and concisely stated
c. STATEMENT OF THE CASE clear and concise statement of nature of the action, summary of
proceedings, appealed rulings and orders of the court
d. STATEMENT OF FACTS: clear concise narration of facts admitted by both parties and those in
controversy with substance and proof related thereto
e. Clear and concise statement of fact or law to be submitted for judgment
f. ARGUMENT: argument on each assigned error with page references to the record, authorities
cited (SCRA)
g. RELIEF: order or judgment sought / prayer

CONTENTS OF APPELLEES BRIEF: Shall contain, in the following order:

a. Subject index of the brief with digest of arguments and page references, table of cases and laws
cited alphabetically
b. STATEMENT OF FACTS: statement that appellee accepts the statement of facts in the appellants
brief; or COUNTER STATEMENT OF FACTS: point insufficiencies or inaccuracies in the appellants
brief with reference to pages of the record
c. ARGUMENT: set forth his argument on each assignment of error with page references to the
record, authorities relied upon (SCRA)



- Verified Petition for Review on Certiorari raising only pure questions of law which must be


- 15 days form notice of judgment, order or resolution appealed from, with full payment of
docket and other lawful fees to the COC of SC and P500 deposit for costs.
- May be extended for 30 days

NOTICE: Payment of docket and other lawful fees and a copy of petition be served to the lower court.

CONTENTS: 18 copies with the original intended to the SC labeled as such.

a. Full name of the appealing party as the PETITIONER and adverse party as the RESPONDENT (do
not implead the lower court or judges)
b. Material dates showing receipt of judgment or final order, when MNT or MR was filed and date
of denial;
c. Concise statement of matters involved, and reasons or arguments relied upon;
d. With a clearly legible duplicate original or certified true copy of the judgement or final order or
resolution, certified by COCC of the court a quo
e. Certificate of Non-Forum Shopping
REVIEW: Discretionary:


a. Court decided a question of substance undetermined by the SC, or not in accord with law or
decision of the SC;
b. Court departed from usual course of judicial proceedings, or so far sanctioned such
departure by a lower court which calls for supervision.

PLEADINGS that may be required: the SC can require such pleadings, briefs, memo, or documents as it
may deem necessary for purposes of determining whether to dismiss or deny the petition.

GIVEN DUE COURSE: Elevation of complete record or a part thereof within 15 days.

RULE 47: Annulment of Judgments of Final Orders and Resolutions

COVERAGE: Civil actions from RTC where ordinary remedies of MNT, appeal, petition for relief from
judgment are no longer available without fault of the petitioner.

PROCEDURE: the same as ordinary civil case; reception of evidence may be received by a judge of a RTC


a. Extrinsic Fraud
- An act of the adverse party, and the fraud must be of such nature as to have deprived the
petitioner of its day in court. The fraud is not extrinsic if the act was committed by the
petitioner's own counsel.
- Must not have been availed of, or could have been availed of in a MNT
b. Lack of Jurisdiction


a. 4 years from discovery if based on Extrinsic Fraud

b. Before laches or estoppel sets in if for lack of jurisdiction


a. Verified petition alleging with particularity the facts and the law relied upon for annulment and
those that support the petitioners good and substantial action;
b. Filed in 7 legible copies. Plus number of copies for as many as there are respondents
c. Affidavits of witnesses or documents supporting the cause of action or defense
d. Certificate of non-forum shopping

a. Dismissal if without merit with specific reasons
b. Give due course summons will be served on the respondent


a. Damages
b. Attorneys fees; and
c. Such other reliefs
d. If judgment already executed, court may issue ORDER OF RESTITUTION as justice and equity
may warrant under the circumstances.


- May be filed with the RTC having jurisdiction over the former. The same rules under RULE 47
will apply and treated as an ordinary civil action.