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POST-JUDGMENT REMEDIES  An appeal is being taken by filing a notice of appeal, and

it is perfected upon the expiration of the last day of the


period to appeal by any party.

MOTION OFR NEW TRIAL AND RECONSIDERATION  When record on appeal is required, appeal is taken by
filing a notice of appeal and the record of appeal; and the
(RULE 37) appeal is perfected upon the approval of the record on
appeal.
What is a MOTION FOR NEW TRIAL?

→ It is a complete retrial of the case after judgment has been


rendered based on the grounds specified under Sec 1 of Rule FRAUD
37.
→ EXTRINSIC FRAUD refers to any fraudulent act of the
prevailing party in the litigation which is committed
outside of the trial of the case, whereby the
What is a MOTION FOR RECONSIDERATION? unsuccessful party has been prevented from exhibiting
fully his case, by fraud or deception practiced on him by
→ It is an application filed by the aggrieved party asking to set
his opponent. (PTA vs PGDE)
aside or reconsider a judgment or final order issued by the
court which is not supported or contrary to by law; or the
findings is not supported by evidence on record.
ACCIDENT

→ An event that takes place without one’s foresight or


Constitutional Mandate in making a rule on a Motion for expectation. An event that proceeded from an unknown
Reconsideration: cause.
SEC 14, ART VII: “NO petition for review or MOTION FOR
RECONSIDERATION of a decision of the court shall be refused
due course or denied WITHOUT STATING the LEGAL BASIS MISTAKE
therefor.”
→ An incorrect belief held by some concerned about a fact
involved in a transaction or a proceeding, or an incorrect
opinion about the law which governs the transaction of
SECTION 1 (1st Par). GROUNDS OF AND PERIOD FOR FILING proceedings.
MOTION FOR NEW TRIAL

Within the period for taking an appeal, the aggrieved party may
move the trial court to set aside the judgment or final order and EXCUSABLE NEGLIGENCE
grant a new trial for one or more of the following causes
Negligence is excusable where it is caused:
materially affecting the substantial rights of said party:
→ By failure to receive notice of the action or trial
a) Fraud, accident, mistake or excusable negligence which
ordinary prudence could not have guarded against and by → By a genuine and excusable mistake or miscalculation
reason of which such aggrieved party has probably been
impaired in his rights; or → By reliance upon assurance given by those upon whom
the party had a right to depend
b) Newly discovered evidence, which he could not with
reasonable diligence, have discovered and produced at → By relying on another person to attend the case for him,
the trial, and which if presented would probably alter the when such other person promised to do so or was
result. chargeable with that duty

→ By other circumstances not involving fault of the moving


party
Meaning of “within the period for taking an appeal” under the
Rules:
Building Care Corp. vs Macaraeg Siy vs CA

As a rule, MISTAKE OF COUNSEL BINDS THE CLIENT. The only The PURPOSE of a motion for reconsideration is to point out
exception would be, where observance of it would result in the findings and conclusions of the decision which, in the
outright deprivation of the client’s liberty or property, or where movant’s view, are not supported by law or evidence.
the interest of justice so requires.

Heirs of Timbol vs PNB


PTA vs PGDE
Filing of a Motion for Reconsideration is merely PERMISSIVE
It is well-settled that the NEGLIGENCE OF COUNSEL BINDS THE and not mandatory under Rule 37. as such, a party
CLIENT. Unless such acts involve gross negligence that the aggrieved by the trial court’s decision may either move for
claiming party can prove, the acts of counsel bind the client as if reconsideration or appeal to the CA.
it has been the latter’s act.
No motion for extension of time to file a motion for
new trial or reconsideration shall be allowed. This means
that, within 15days from notice of judgment, a party may
file either an appeal or a motion for reconsideration.
Heirs of Racaza vs Sps. Abay-Abay

While the Rules of Court allows the introduction by parties of Habaluyas Enterprises Inc. vs Japson
newly-discovered evidence, as in the motions for new trial under
Rule 37, these are not to be presented for the first time during Motion for Extension of time to file Motion for
an appeal. Reconsideration does NOT TOLL the 15-day period to
appeal. However, the rule may be suspended where the
Under the Rules of Court, the requisites for newly lawyer’s negligence is without any participatory negligence
discovered evidence are: on the part of the petitioner.
a) The evidence was discovered after trial

b) Such evidence could not have been discovered and Jonsay vs Solidbank Corp.
produced at the trial with reasonable diligence
The filing of a motion for reconsideration or new trial
c) It is material,corroborative or impeaching, and is of such interrupts or suspends the running of the period to appeal,
that, if admitted, will probably change the judgment. and prevents the finality of the decision or order from
setting in.

SECTION 1 (2nd Par). GROUNDS OF AND PERIOD FOR FILING A motion for reconsideration allows the adjudicator
MOTION FOR RECONSIDERATION or judge to take a second opportunity to review the case
and to grapple anew with the issues therein, and to decide
Within the same period, the aggrieved party may also move for again a question previously raised.
reconsideration upon the grounds:
No legal proscription imposed against the deciding
 that the damages awarded are excessive, body adopting new position contrary to one it had
previously taken.
 that the evidence is insufficient to justify the decision or
final order, or

 that the decision or final order is contrary to law. SEC. 2. CONTENTS of MOTION FOR NEW TRIAL or
RECONSIDERATION and notice thereof.— The motion shall
be:

1) made in writing

2) stating the ground or grounds therefor,

3) a written notice of which shall be served by the


movant on the adverse party.
contrary to law, making express reference to the
pertinent evidence or legal provisions, as expressly
A motion for new trial shall be PROVED in the manner provided required by Sec.2, Rule 37.
for proof of motions.

WHEN IS PRO FORMA MOTION PROHIBITED AND WHEN IT


How to prove fraud, accident, mistake or excusable negligence? IS NOT:
A motion for the cause mentioned in paragraph (a) (fraud,
accident, mistake and excusable negligence) of the preceding
section shall be supported by AFFIDAVITS OF MERITS which may First-Lepanto-Taisho Insurance vs Chevron Phils.
be rebutted by affidavits.
Mere reiteration of the issues passed upon by the court
does NOT make it a pro forma motion.

How to prove newly discovered evidence?

A motion for the cause mentioned in paragraph (b) (newly Gonzalez vs COMELEC
discovered evidence) shall be:
Elements of pro forma motion for reconsideration:
a) supported by AFFIDAVITS OF THE WITNESSES by whom
such evidence is expected to be given, or 1) It was a second motion for reconsideration, or

b) by duly AUTHENTICATED DOCUMENTS which are 2) It did not comply with the rule that the motion must
proposed to be introduced in evidence. specify the findings and conclusions alleged to be
contrary to law or not supported by the evidence, or

3) It failed to substantiate the alleged errors, or


What are the requirements for the filing of a motion for
reconsideration? 4) It merely alleged that the decision in question was
contrary to law, or
A motion for reconsideration shall:
5) The adverse party was not given notice thereof.
1) point out specifically the findings or conclusions of the
judgment or final order which are not supported by the
evidence or which are contrary to law, San Juan Jr vs Cruz
2) making express reference to the testimonial or Prohibition on pro forma APPLIES ONLY to a FINAL ORDER
documentary evidence OR to the provisions of law alleged and not to interlocutory order.
to be contrary to such findings or conclusions.

SEC. 3. ACTION UPON MOTION FOR NEW TRIAL OR


A PRO FORMA MOTION for new trial or reconsideration shall RECONSIDERATION.—
NOT TOLL the reglementary period of appeal.
The trial court may:

1. SET ASIDE the judgment or final order and grant a


What is a PRO FORMA MOTION? new trial, upon such terms as may be just, or
→ (Literally a motion in form only) is one which is filed merely 2. may DENY the motion.
for delay and as a matter of form to interrupt the period of
appeal. 3. If the court finds that excessive damages have been
awarded or that the judgment or final order is
contrary to the evidence or law, it may AMEND such
When is a motion for reconsideration or new trial pro forma? judgment or final order accordingly.

→ When it does not specify the findings or conclusions in the


judgment which are not supported by evidence or which are
SEC. 6. EFFECT OF GRANTING OF MOTION FOR NEW TRIAL. — If → the court may order a new trial or grant reconsideration
a new trial is granted in accordance with the provisions of this as to such issues if SEVERABLE without interfering with
Rule,: the judgment or final order upon the rest.

1) the original judgment or final order shall be VACATED, and

2) the action shall stand for trial de novo; but SEC. 8. EFFECT OF ORDER FOR PARTIAL NEW TRIAL. —
When less than all of the issues are ordered retried, the
3) the recorded evidence taken upon the former trial, in so court may either:
far as the same is material and competent to establish the
issues, shall be used at the new trial without retaking the 1) enter a judgment or final order as to the rest, or
same.
2) stay the enforcement of such judgment or final order
until after the new trial.

SEC. 5. SECOND MOTION FOR NEW TRIAL.—

A MOTION FOR NEW TRIAL shall include all grounds then SEC. 9. REMEDY AGAINST ORDER DENYING A MOTION FOR
available and those not so included shall be deemed waived. NEW TRIAL OR RECONSIDERATION.—

An order denying a motion for new trial or reconsideration


is not appealable, the REMEDY being an APPEAL from the
A SECOND MOTION FOR NEW TRIAL, based on a ground not judgment or final order.
existing nor available when the first motion was made,

→ may be filed within the time herein provided excluding the


time during which the first motion had been pending. Jose vs Javellana

The court has held that an appeal from an order denying a


motion for reconsideration of a final order or judgment is
No party shall be allowed a SECOND MOTION FOR effectively an appeal from the final order or judgment itself;
RECONSIDERATION of a judgment or final order. (SINGLE and has expressly clarified that the prohibition against
MOTION RULE) appealing an order denying a motion for reconsideration
REFERRED ONLY to a denial of a motion for reconsideration
of an INTERLOCUTORY ORDER.
Is an omnibus motion rule applicable in a motion for new trial?

→ YES. A motion for new trial shall include all grounds then
available and those not so included shall be deemed waived.

APPEAL FROM MTC TO THE RTC (RULE 40)

APPEAL IN GENERAL

What is an APPEAL?

SEC. 7. PARTIAL NEW TRIAL OR RECONSIDERATION. — → A civil law procedure whose office is to remove the
entire cause and subjects the transcript to a scrutiny of
If the grounds for a motion under this Rule appear to the court fact and law and is in substance a new trial.
to affect the issues as to:

 only a part, or
When can an appeal be TAKEN?
 less than all of the matter in controversy, or
→ An appeal may be taken from a judgment or final order
 only one, or that completely disposes of the case, or of a particular
matter therein when declared by the rules to be
 less than all, of the parties to it,
appealable.
Zamboanga Forest vs New Pacific Forest

NATURE OF RIGHT TO APPEAL Perfection of Appeal is MANDATORY and


JURISDICTIONAL
Sps. Bergonia vs CA
→ Failure of party to conform to the rules regarding
→ The right to appeal is not a natural right and is not part of appeal will render the judgment FINAL and
due process. It is merely a STATUTORY PRIVILEGE, and may EXECUTORY.
be exercised only in accordance with the law.
→ Once decision attains finality, it becomes the law of the
→ The party who seeks to avail of the same must comply with case irrespective of whether the decision is erroneous
the requirements of the Rules. Failing to do so, the right to or not and no court (not even the SC) has the power to
appeal is LOST. revise, review, change or alter the same.

→ The basic rule of finality of judgment is grounded on


Sps. Elbe vs Mirasol the fundamental principle of public policy and sound
practice that the judgment of courts and the award of
Strict Compliance with the Requirements on Appeal is quasi-judicial agencies must become final at some
REQUIRED. definite date fixed by law.

→ The statutory nature of the right to appeal requires the one


who avails himself of it to strictly comply with the statutes
or rules that are considered indispensable interdictions Catmon Sales vs Yngson Jr.
against needless delays and for an orderly discharge of It is well-settled that a party who failed to appeal from a
judicial business. decision CANNOT seek relief other than what is provided
→ In the ABSENCE of highly exceptional circumstances by the judgment appealed from.
warranting their relaxation, such statutes or rules should
remain inviolable.
Besana vs Mayor

ISSUES NOT RAISED in the lower court or tribunal


Samson vs Judge Fiel-Macaraig CANNOT be RAISED for the first time on appeal.
PURPOSE OF APPEAL → Basic considerations of fairness and due process impel
→ To obtain reversal or modification of the judgment on the this rule. Any issues raised for the first time on appeal
merits. is barred by estoppel.

→ The availability of the right to appeal precludes recourse to


the special civil action for certiorari. Note:

→ Lack of jurisdiction may be raised for the first time on


Aseoche vs Dicdican appeal.

Administrative Case against erring Judges is NOT a Remedy if → Party cannot change the theory of his case on appeal.
APPEAL is AVAILABLE.

→ Where some other judicial means is available, an Sumipat vs Banga


administrative complaint is not the appropriate remedy for
every act of a judge deemed abberant or irregular. Grounds where the Court can review issues not assigned
on appeal:

Our rules recognize the broad discretionary power of an


appellate court to waive the lack of proper assignment of
errors and to consider errors not assigned.

a) Grounds not assigned as errors but affecting


jurisdiction over the subject matter
b) Matters not assigned as errors on appeal but are The title of the case shall remain as it was in the court of
evidently plain or clerical errors within contemplation of origin, but the party appealing the case shall be further
law referred to as the appellant and the adverse party as the
appellee. (n)
c) Matters not 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 interests of justice or to avoid dispensing piece-meal
justice. SEC. 2. WHEN TO APPEAL.—
d) Matters not specifically assigned as errors on appeal but An appeal may be taken within fifteen (15) days AFTER
raised in the trial court and are matters of record having NOTICE to the appellant of the judgment or final order
some bearing on the issue submitted which the parties appealed from.
failed to raise or which the lower court ignored.
Where a RECORD ON APPEAL is required, the appellant
e) Matters not assigned as errors on appeal but closely shall file a notice of appeal and a record on appeal within
related to an error assigned thirty (30) days AFTER NOTICE of the judgment or final
f) Matters not assigned as errors on appeal but upon which order.
the determination of a question properly assigned, is
dependent.
The period of appeal shall be INTERRUPTED by a timely
motion for new trial or reconsideration.

MODES OF APPEAL (RULE 40-45) NO motion for extension of time to file a motion for new
1st mode: ORDINARY APPEAL under Rule 41 trial or reconsideration shall be allowed.

→ Brought to the CA from the RTC in the exercise of its


original jurisdiction Neypes vs CA
→ Resolves questions of fact or mixed questions of fact NEYPES DOCTRINE or FRESH PERIOD RULE.
and law
→ The Court has deemed it practical to allow a fresh
2nd mode: PETITION FOR REVIEW under Rule 42 period of 15 days within which to file the notice of
→ Brought to the CA from the RTC, acting in the exercise of appeal, to be counted from the RECEIPT of the ORDER
its appellate jurisdiction DENYING the motion for new trial, motion for
reconsideration or any final order or resolution.
→ Resolves questions of fact or mixed questions of fact or
law

3rd mode: APPEAL BY CERTIORARI under Rule 45 → This is to standardize the appeal periods provided in
the Rules and to afford litigants fair opportunity to
→ Brought to the SC appeal their cases.

→ Resolves questions of law

Jocson vs San Miguel

SECTION 1. WHERE TO APPEAL.— The appeal from a decision of the Provincial Adjudicator
to the Department of Agrarian Reform Adjudication
An appeal from a judgment or final order of a Municipal Trial Board (DARAB) as provided in the 2003 DARAB Rules of
Court may be taken to the REGIONAL TRIAL COURT exercising Procedure, is not judicial but administrative in nature. As
jurisdiction over the area to which the former pertains. such, the Fresh Period Rule finds NO APPLICATION
therein.
Duarte vs Duran  A party’s appeal by notice of appeal is deemed
perfected as to him upon — the FILING of the notice of
→ Litigants must be given a fresh period of 15 days within appeal in due time.
which to appeal counted from receipt of the order
dismissing a motion for a new trial or motion for  A party’s appeal by record on appeal is deemed
reconsideration under Rule 40, 41, 42, 43 and 45 of the perfected as to him with respect to the subject matter
Rules of Court. thereof upon — the APPROVAL of the record on appeal
filed in due time.

→ The ruling retroactively applies even to cases pending prior


to the promulgation of Neypes on Sept. 14, 2005, there What is the EFFECT of perfection of appeal? (SEC. 9. Rule
being no vested rights in the rules of court. 41)

 In appeals by notice of appeal, the court loses


jurisdiction over the case upon the perfection of the
SEC. 3. HOW TO APPEAL.— The appeal is taken by: appeals filed in due time and the expiration of the time
1) filing a NOTICE OF APPEAL with the court that rendered the to appeal of the other parties.
judgment or final order appealed from.  In appeals by record on appeal, the court loses
The notice of appeal shall indicate: jurisdiction only over the subject matter thereof upon
the approval of the records on appeal filed in due time
 the parties to the appeal, and the expiration of the time to appeal of the other
parties.
 the judgment or final order or part thereof
appealed from, and

 state the material dates showing the timeliness of


the appeal.
What are the RESIDUAL POWERS of the court? (SEC. 9.
Rule 41)

2) A RECORD ON APPEAL shall be required only in special In either case, prior to the transmittal of the original
proceedings and in other cases of multiple or separate record or the record on appeal, the court may issue:
appeals.
1) orders for the protection and preservation of the
rights of the parties which do not involve any
matter litigated by the appeal
The form and contents of the record on appeal shall be as
provided in section 6, Rule 41. 2) approve compromises,

3) permit appeals of indigent litigants,

Copies of the notice of appeal, and the record on appeal 4) order execution pending appeal in accordance with
where required, shall be SERVED on the ADVERSE PARTY. section 2 of Rule 39, and

5) allow withdrawal of the appeal.

SEC. 4. PERFECTION OF APPEAL; EFFECT THEREOF. — The


perfection of the appeal and the effect thereof shall be
governed by the provisions of section 9, Rule 41. SEC. 7. PROCEDURE IN THE REGIONAL TRIAL COURT. —

a) Upon receipt of the complete record or the record on


appeal,
When will an appeal be deemed PERFECTED? (SEC. 9. Rule 41)
→ the CLERK OF COURT of the Regional Trial Court
shall NOTIFY the parties of such fact.
b) Within fifteen (15) days from such notice, it shall be the
duty of the appellant

→ to SUBMIT a memorandum which shall briefly discuss


the errors imputed to the lower court, a COPY of which SEC. 9. APPLICABILITY OF RULE 41. — The other
shall be furnished by him to the adverse party. provisions of Rule 41 shall apply to appeals provided for
herein insofar as they are not inconsistent with or may
→ Within fifteen (15) days from receipt of the appellant’s serve to supplement the provisions of this Rule.
memorandum, the appellee may FILE his memorandum.

→ FAILURE of the APPELLANT to file a memorandum shall


be a ground for DISMISSAL OF THE APPEAL.

APPEAL FROM THE RTC TO THE CA (RULE 41)

c) Upon the filing of the memorandum of the appellee or the When appeal may be taken? Orders NOT APPEALABLE?
expiration of the period to do so,

→ the case shall be considered submitted for decision.


SECTION 1. SUBJECT OF APPEAL.—
→ The Regional Trial Court shall decide the case on the
basis of the entire record of the proceedings had in the An appeal may be taken from a judgment or final order
court of origin and such memoranda as are filed. that completely disposes of the case, OR of a particular
matter therein when declared by these Rules to be
APPEALABLE.

SEC. 8. APPEAL FROM ORDERS DISMISSING CASE WITHOUT NO APPEAL may be taken from:
TRIAL; LACK OF JURISDICTION.—
a) An order denying a motion for new trial or
 If an appeal is taken from an order of the lower court reconsideration;
dismissing the case WITHOUT a TRIAL ON THE MERITS,
b) An order denying a petition for relief or any similar
→ the Regional Trial Court may AFFIRM or REVERSE it, as motion seeking relief from judgment;
the case may be.
c) An interlocutory order;
 In case of affirmance and the ground of dismissal is lack
of jurisdiction over the subject matter, d) An order disallowing or dismissing an appeal;

→ the Regional Trial Court, if it has jurisdiction e) An order denying a motion to set aside a judgment by
thereover, shall try the case on the merits as if the consent, confession or compromise on the ground of
case was originally filed with it. fraud, mistake or duress, or any other ground vitiating
consent;
 In case of reversal,
f) An order of execution;
→ the case shall be REMANDED for further
proceedings. 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
 If the case was tried on the merits by the lower court appeal therefrom; and
WITHOUT JURISDICTION OVER THE SUBJECT MATTER,
h) An order dismissing an action without prejudice.
→ the Regional Trial Court on appeal shall not dismiss the
case if it has original jurisdiction thereof,

→ but shall decide the case in accordance with the In all the above instances where the judgment or final
preceding section, without prejudice to the admission of order is NOT APPEALABLE, the aggrieved party may file
amended pleadings and additional evidence in the an appropriate SPECIAL CIVIL ACTION under Rule 65.
interest of justice.
Supreme Court by PETITION FOR REVIEW ON
CERTIORARI in accordance with Rule 45.
Abadilla Jr vs Sps. Obrero

An order of dismissal of an INJUNCTION CASE is APPEALBALE.


Mandaue Realty vs CA

QUESTION OF LAW QUESTION OF FACT


Korea Technologies vs Lerma
 Exists when there is doubt or  Exists when the doubt or
Rationale of the non-appealable character of interlocutory
controversy as to what the difference arises as to the
order.
law is on a certain state of truth or falsehood of facts.
→ it would result in the “sorry spectacle” of a case being facts.
subject of counterproductive ping-pong to and from the
 No examination of probative  Requires examination of
appellate court as often as a trial court is perceived to have
value of the evidence is probative value of the
made an error in any of its interlocutory rulings.
necessary to resolve the evidence.
→ Where the assailed interlocutory order was issued with question of law.
grave abuse of discretion or patently erroneous and the
 Test: whether the appellate  Otherwise, it is a question of
remedy of appeal would not afford adequate and
court can determine the fact.
expeditious relief, the Court allows certiorari as a mode of
issue raised without
redress.
reviewing or evaluating the
evidence and would only
limit itself to the inquiry of
whether the law was
properly applied given the
SEC. 2. MODES OF APPEAL.—
facts and supporting
a) Ordinary appeal— The appeal to the Court of Appeals in evidence.
cases decided by the Regional Trial Court in the exercise of
its original jurisdiction shall be 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.

No record on appeal shall be required EXCEPT in special SEC. 3. PERIOD OF ORDINARY APPEAL.— The appeal shall
proceedings and other cases of multiple or separate be taken:
appeals where the law or these Rules so require.
 within fifteen (15) days from notice of the judgment
In such cases, the record on appeal shall be filed and or final order appealed from.
served in .like manner.
 Where a record on appeal is required, the appellant
shall file a notice of appeal and a record on appeal
within thirty (30) days from notice of the judgment
b) Petition for review.— The appeal to the Court of Appeals in
or final order.
cases decided by the Regional Trial Court in the exercise of
its appellate jurisdiction shall be:

→ by PETITION FOR REVIEW in accordance with Rule 42. The period of appeal shall be INTERRUPTED by a timely
motion for new trial or reconsideration.

c) Appeal by certiorari.—- In all cases where only Questions


of law are raised or involved, the appeal shall be to the No motion for extension of time to file a motion for new
trial or reconsideration shall be allowed.
to the appealed judgment or final order for the proper
understanding of the issue involved,
SEC. 4. APPELLATE COURT DOCKET AND OTHER LAWFUL
FEES.— 4) together with such data as will show that the appeal
was perfected on time.
Within the period for taking an appeal, the appellant shall:
5) If an issue of fact is to be raised on appeal, the record
 PAY to the clerk of the court which rendered the judgment on appeal shall include by reference all the evidence,
or final order appealed from, the full amount of the testimonial and documentary, taken upon the issue
appellate court docket and other lawful fees. involved.
 Proof of payment of said fees shall be transmitted to the 6) The reference shall specify the documentary evidence
appellate court together with the original record or the by the exhibit numbers or letters by which it was
record on appeal. identified when admitted or offered at the hearing, and
the testimonial evidence by the names of the
corresponding witnesses.
Sps. Lee vs LBP
7) If the whole testimonial and documentary evidence in
Procedural requirement of payment of docket fees and other the case is to be included, a statement to that effect
legal fees within the prescribed period is BOTH MANDATORY will be sufficient without mentioning the names of the
and JURISDICTIONAL. witnesses or the numbers or letters of exhibits.

→ The payment of the full amount of the docket fee is an 8) Every record on appeal exceeding twenty (20) pages
indispensable step for the perfection of an appeal. must contain a subject index.

→ In both original and appellate, the court acquires


jurisdiction over the case only upon the payment of the
prescribed docket fees, otherwise the Decision sought to be SEC. 7. APPROVAL OF RECORD ON APPEAL.—
appealed from becomes final and executory. Upon the filing of the record on appeal for approval and if
no objection is filed by the appellee within five (5) days
from receipt of a copy thereof, the trial court may:

 APPROVE it as presented or
SEC. 5. NOTICE OF APPEAL.— The notice of appeal shall:
 upon its own motion or at the instance of the
 indicate the parties to the appeal, appellee, may direct its AMENDMENT by the
inclusion of any omitted matters which are deemed
 specify the judgment or final order or part thereof appealed essential to the determination of the issue of law or
from, fact involved in the appeal.
 specify the court to which the appeal is being taken, and

 state the material dates showing the timeliness of the If the trial court orders the AMENDMENT of the record,
appeal. the appellant, within the time limited in the order, OR
such extension thereof as may be granted, OR if no
time is fixed by the order within ten (10) days from
SEC. 6. RECORD ON APPEAL; FORM AND CONTENTS receipt thereof, shall:
THEREOF.—
 redraft the record by including therein, in their
1) The full names of all the parties to the proceedings shall be proper chronological sequence, such additional
stated in the caption of the record on appeal and matters as the court may have directed him to
incorporate, and
2) it shall include the judgment or final order from which the
appeal is taken and,  shall thereupon submit the redrafted record for
approval, upon notice to the appellee, in like
3) in chronological order, copies of only such pleadings, manner as the original draft.
petitions, motions and all interlocutory orders as are related
SEC. 8. JOINT RECORD ON APPEAL.— Where both parties are copies of the judgments or final orders of both lower
appellants, they may FILE A JOINT RECORD ON APPEAL within courts, certified correct by the clerk of court of the
the time fixed by section 3 of this Rule, or that fixed by the Regional Trial Court, the requisite number of plain copies
court. thereof and of the pleadings and other material portions
of the record as would support the allegations of the
petition.The petitioner shall also submit together with the
SEC. 13. DISMISSAL OF APPEAL.— petition a certification under oath that he has not
theretofore commenced any other action involving the
Prior to the transmittal of the original record or the record on same issues in the Supreme Court, the Court of Appeals or
appeal to the appellate court, different divisions thereof, or any other tribunal or agency;
if there is such other action or proceeding, he must state
→ the trial court may MOTU PROPRIO or on MOTION the status of the same; and if he should thereafter learn
dismiss the appeal for having been TAKEN OUT OF TIME. that a similar action or proceeding has been filed or is
pending before the Supreme Court, the Court of Appeals,
or different divisions thereof, or any other tribunal or
agency, he undertakes to promptly inform the aforesaid
courts and other tribunal or agency thereof within five (5)
days therefrom. (n)

PETITION FOR REVIEW FROM THE RTC TO THE CA

(RULE 42)

SECTION 1. How appeal taken; time for filing. — A party


desiring to appeal from a decision of the Regional Trial Court
rendered in the exercise of its appellate jurisdiction may file a
verified petition for review with the Court of Appeals, paying at
the same time to the clerk of said court the corresponding
docket and other lawful fees, depositing the amount of
P500.00 for costs, and furnishing the Regional Trial Court and
the adverse party with a copy of the petition. The petition shall
be filed and served within fifteen (15) days from notice of the
decision sought to be reviewed or of the denial of petitioner’s
motion for new trial or reconsideration filed in due time after
judgment. Upon proper motion and the payment of the full
amount of the docket and other lawful fees and the deposit for
costs before the expiration of the reglementary period, the
Court of Appeals may grant an additional period of fifteen (15)
days only within which to file the petition for review. No
further extension shall be granted except for the most
compelling reason and in no case to exceed fifteen (15) days.
(n)

SEC. 2. Form and contents.— The petition shall be filed in


seven (7) legible copies, with the original copy intended for the
court being indicated as such by the petitioner, and shall (a)
state the full names of the parties to the case, without
impleading the lower courts or judges thereof either as
petitioners or respondents; (b) indicate the specific material
dates showing that it was filed on time; (c) set forth concisely a
statement of the matters involved, the issues raised, the
specification of errors of fact or law, or both, allegedly
committed by the Regional Trial Court, and the reasons or
arguments relied upon for the allowance of the appeal; (d) be
accompanied by clearly legible duplicate originals or true
SEC.5, AM 11-9-4: EFFICIENT USE OF PAPER RULE SEC.5, AM 11-9-4: EFFICIENT USE OF PAPER RULE

UNLESS otherwise directed by the court, the number of court UNLESS otherwise directed by the court, the number of
bond papers that a party is required or desired to file shall be court bond papers that a party is required or desired to
as follows: file shall be as follows:

b) In the CA and Sandiganbayan, 1 original (properly b) In the CA and Sandiganbayan, 1 original (properly
marked) and 2 copies with their annexes. marked) and 2 copies with their annexes.

SEC. 3. EFFECT OF FAILURE TO COMPLY WITH SEC. 6. DUE COURSE.—


REQUIREMENTS.— The failure of the petitioner to comply with
any of the foregoing requirements regarding: If upon the filing of the comment or such other pleadings
as the court may allow or require OR after the expiration
 the payment of the docket and other lawful fees, of the period for the filing thereof without such comment
or pleading having been submitted,
 the deposit for costs,
→ the Court of Appeals finds prima facie that the
 proof of service of the petition, and lower court has committed an error of fact or law
 the contents of and the documents which should that will warrant a reversal or modification of the
accompany the petition appealed decision, it may accordingly give due
course to the petition.
→ shall be sufficient ground for the DISMISSAL thereof.

SEC. 8. PERFECTION OF APPEAL; EFFECT THEREOF. —


Mathaeus vs Sps. Medequiso
 Upon the timely filing of a petition for review and
Notarization of verification and certification on non-forum
shopping on the petition for review by a Clerk of Court is NOT  the payment of the corresponding docket and other
VALID and amounts to NON-COMPLIANCE with the lawful fees
requirements. → the APPEAL is deemed PERFECTED as to the
→ Notarizing complaints, answers, petitions, or any other petitioner.
pleadings on a regular basis is a responsibility well relegated
to commissioned notary public.
The Regional Trial Court loses jurisdiction over the case
upon the perfection of the appeals filed in due time and
SEC. 5. CONTENTS OF COMMENT.— The comment of the the expiration of the time to appeal of the other parties.
(Effect of perfection)
respondent shall be filed in seven (7) legible copies,
accompanied by certified true copies of such material portions
of the record referred to therein together with other
supporting papers and shall: However, before the Court of Appeals gives due course to
the petition, the Regional Trial Court may: (Residual Powers
a) state whether or not he accepts the statement of of the RTC)
matters involved in the petition;
1) issue orders for the protection and preservation of
b) point out such insufficiencies or inaccuracies as he the rights of the parties which do not involve any
believes exist in petitioner’s statement of matters matter litigated by the appeal,
involved but without repetition; and
2) approve compromises,
c) state the reasons why the petition should not be given
due course. 3) permit appeals of indigent litigants,

A copy thereof shall be served on the petitioner. 4) order execution pending appeal in accordance with
section 2 of Rule 39, and

5) allow withdrawal of the appeal.


 Social Security Commission,

Except in civil cases decided under the Rule on Summary  Civil Aeronautics Board, Bureau of Patents,
Procedure,  Trademarks and Technology Transfer,
→ the appeal shall STAY the judgment or final order  National Electrification Administration,

→ UNLESS the Court of Appeals, the law, or these Rules  Energy Regulatory Board,
shall provide otherwise. (Effect of perfection)
 National Telecommunications Commission,

 Department of Agrarian Reform under Republic Act No,


SEC. 9. SUBMISSION FOR DECISION.— 6657,

If the petition is given due course, the Court of Appeals may:  Government Service Insurance System,

 Employees Compensation Commission,


1) set the case for oral argument or
 Agricultural Inventions Board,
2) require the parties to submit memoranda within a
period of fifteen (15) days from notice.  Insurance Commission,

3) The case shall be deemed submitted for decision upon  Philippine Atomic Energy Commission,
the filing of the last pleading or memorandum required
 Board of Investments,
by these Rules or by the court itself.
 Construction Industry Arbitration Commission, and

 voluntary arbitrators authorized by law.

APPEALS FROM THE QUASI-JUDICIAL AGENCIES TO


Wong vs Wong
THE CA (RULE 43)
Enumeration under Rule 43 are NOT EXCLUSIVE.

What is a QUASI-JUDICIAL POWER?


Gupilan-Aguilar vs Ombudsman
→ The action, discretion, etc. Of public administrative officers
or bodies, who are required to investigate facts, or ascertain Nature of the case in Ombudsman determines the proper
the existence of facts. Hold hearings, and draw conclusions remedy available to the aggrieved party. In administrative
from them, as a basis for their official action and to exercise disciplinary cases, an appeal from the OMB’s decision is
discretion of a judicial nature. APPEALABLE to the CA under Rule 43, unless the decision
is not appealable owing to the penalty imposed.

SECTION 1. SCOPE.— This Rule shall apply to appeals from


judgments or final orders of the: Golden Cane vs Steelpro Phils.

1) Court of Tax Appeals and Decisions of the RTC in CORPORATE REHABILITATION


CASE is APPEALABLE to the CA via Rule 43.
2) from awards, judgments, final orders or resolutions of or
authorized by any quasi-judicial agency in the exercise of its
quasi-judicial functions. Among these agencies are:
SEC. 2. CASES NOT COVERED.— This Rule shall not apply
 the Civil Service Commission, to judgments or final orders issued under the LABOR
CODE of Philippines.
 Central Board of Assessment Appeals,

 Securities and Exchange Commission,

 Office of the President, SEC. 3. WHERE TO APPEAL. — An appeal under this Rule
taken to the COURT OF APPEALS within the period and in
 Land Registration Authority, the manner herein provided, whether the appeal involves
questions of fact, of law, or mixed questions of fact and law. → GRANTED by the Court of Appeals upon a VERIFIED
MOTION setting forth valid grounds therefor.

→ If the Court of Appeals denies the motion, the


SEC 4. PERIOD OF APPEAL.— The appeal shall be taken within petitioner shall PAY the docketing and other lawful
fifteen (15) days: fees and deposit for costs within fifteen (15) days
 from notice of the award, judgment final order or from notice of the denial.
resolution, or

 from the date of its last publication, if publication is SEC. 6. CONTENTS OF THE PETITION.— The petition for
required by law for its effectivity, or review shall
 of the denial of petitioner’s motion for new trial or a) state the full names of the parties to the case,
reconsideration duly filed in accordance with the without impleading the court or agencies either as
governing law of the court or agency a quo. petitioners or respondents;

b) contain a concise statement of the facts and issues


ONLY one (1) motion for reconsideration shall be ALLOWED. involved and the grounds relied upon for the
review;

c) be accompanied by a clearly legible duplicate


Upon proper motion and the payment of the full amount of original or a certified true copy of the award,
the docket fee BEFORE the expiration of the reglementary judgment, final order or resolution appealed from,
period, together with certified true copies of such material
portions of the record referred to therein and other
→ the Court of Appeals may GRANT an additional period of supporting papers; and
fifteen (15) days only within which to file the petition
for review. d) contain a sworn certification against forum
shopping as provided in the last paragraph of
→ No further extension shall be granted EXCEPT for the section 2, Rule 42.
most compelling reason and in no case to exceed fifteen
(15) days. e) The petition shall state the specific material dates
showing that it was filed within the period fixed
herein.
SEC. 5. HOW APPEAL TAKEN.— Appeal shall be taken by:

1) filing a verified petition for review in seven (7) legible SEC.5, AM 11-9-4: EFFICIENT USE OF PAPER RULE
copies with the Court of Appeals,
UNLESS otherwise directed by the court, the number of
2) with proof of service of a copy thereof on the adverse court bond papers that a party is required or desired to
party and on the court or agency a quo. file shall be as follows:
3) The original copy of the petition intended for the Court b) In the CA and Sandiganbayan, 1 original (properly
of Appeals shall be indicated as such by the petitioner. marked) and 2 copies with their annexes.

Upon the filing of the petition, the petitioner shall: (Duty of the SEC. 7. EFFECT OF FAILURE TO COMPLY WITH
Petitioner)
REQUIREMENTS.— The failure of the petitioner to comply
 pay to the clerk of court of the Court of Appeals the with any of the foregoing requirements regarding:
docketing and other lawful fees and
 the payment of the docket and other lawful fees,
 deposit the sum of P500.00 for costs.
 the deposit for costs,

 proof of service of the petition, and


EXEMPTION from payment of docketing and other lawful fees
and the deposit for costs may be:
 the contents of and the documents which should  If upon the filing of the comment or such other
accompany the petition pleadings or documents as may be required or allowed
by the Court of Appeals or
→ shall be sufficient ground for the DISMISSAL thereof.
 upon the expiration of the period for the filing thereof,
and
SEC. 8. ACTION ON THE PETITION.— The Court of Appeals  on the basis of the petition or the records
may:
the Court of Appeals finds prima facie that the court or
1) require the respondent to FILE A COMMENT on the agency concerned has committed errors of fact or law
petition, not a motion to dismiss, within ten (10) days that would warrant reversal or modification of the award,
from notice, or judgment, final order or resolution sought to be reviewed,
2) DISMISS the petition if it finds the same to be patently → it may give due course to the petition;
without merit, prosecuted manifestly for delay, or
→ otherwise, it shall dismiss the same.
3) that the questions raised therein are too unsubstantial
to require consideration.

The findings of fact of the court or agency concerned,


when supported by substantial evidence, shall be
SEC. 9. CONTENTS OF COMMENT.— The comment shall be: BINDING on the Court of Appeals.
 filed within ten (10) days from notice

 in seven (7) legible copies and SEC. 12. EFFECT OF APPEAL.—


 accompanied by clearly legible certified true copies of The appeal shall NOT STAY the award, judgment, final
such material portions of the record referred to therein order or resolution sought to be reviewed
together with other supporting papers.

UNLESS the Court of Appeals shall direct otherwise upon


The comment shall: such terms as it may deem just.
a) point out insufficiencies or inaccuracies in -petitioner’s
statement of facts and issues; and
SEC. 13. SUBMISSION FOR DECISION.—
b) state the reasons why the petition should be denied or
dismissed. If the petition is given due course, the Court of Appeals
may:
c) A copy thereof shall be served on the petitioner, and proof
of such service shall be filed with the Court of Appeals.  set the case for oral argument or

 require the parties to submit memoranda within a


period of fifteen (15) days from notice.
SEC.5, AM 11-9-4: EFFICIENT USE OF PAPER RULE

UNLESS otherwise directed by the court, the number of court


bond papers that a party is required or desired to file shall be The case shall be deemed submitted for decision upon
as follows: the FILING of the LAST PLEADING or MEMORANDUM
required by these Rules or by the Court of Appeals.
b) In the CA and Sandiganbayan, 1 original (properly
marked) and 2 copies with their annexes.

SEC. 10. DUE COURSE.— APPEAL BY CERTIORARI TO THE SC (RULE 45)

Constitutional Basis:
SEC 5, ART VIII, par. 2: provides the power of the SC to review by law, may file with the Supreme Court a verified
cases decided by the lower courts. petition for review on certiorari.

QUESTION OF LAW QUESTION OF FACT


The petition shall raise only questions of law which
 arises when there is a doubt  when doubt arises as to the
as to what the law is on a truth or falsity of the alleged must be distinctly set forth.
certain state of facts facts.

 it must not involve an  Once it is clear that the issue Alta Vista vs City of Cebu
examination of the probative invites a review of the
value of the evidence evidence presented RTC judgment on pure questions of law may be
presented by the litigants. DIRECTLY APPEALED to the SC via Petition for Review
on Certiorari.

 The resolution of the issue


must rest solely on what the Agustin-Se vs Office of the President
law provides on the given set
What is the test in determining whether the question
of facts and circumstances
is one of law or fact?
Test of whether a question is one of law or of fact:

whether the appellate court can determine the issue without


Heirs of Cadlina vs Cadiz
examining or evaluating the evidence,
The right recourse against the dismissal of petitioners’
→ in which case, it is a question of law; otherwise, it is a question
appeal with the CA is an appeal by certiorari under
of fact.
Rule 45, not certiorari under Rule 65.
“(2) Review, revise, reverse, modify, or affirm on appeal or
certiorari, as the law or the Rules of Court may provide, final
judgments and orders of lower courts in: Special People Inc vs Canda
a) All cases in whichthe constitutionality or validity of It is a settled rule that in the exercise of our power of
any treaty, international or executive agreement, review, the SC is not a trier of facts and does not
law, presidential decree, proclamation, order, normally undertake the re-examination of the evidence
instruction, ordinance, or regulation is in question. presented by the contending parties during the trial of the
case. The Court relies on the findings of fact of the CA or
b) All cases involving the legality of any tax, impost,
of the TRIAL COURT, and accepts such findings as
assessment, or toll, or any penalty imposed in
conclusive and binding unless any of the following
relation thereto.
EXCEPTIONS obtains, namely:
c) All cases in which the jurisdiction of any lower court
a) when the findings are grounded entirely on speculation,
is in issue. surmises or conjectures;
d) All criminal cases in which the penalty imposed is b) when the inference made is manifestly mistaken, absurd or
reclusion perpetua or higher impossible;

e) All cases in which only an error or question of law c) when there is grave abuse of discretion;
is involved.”
d) when the judgment is based on a misapprehension of facts;

e) when the findings of facts are conflicting;

f) when in making its findings the Court of Appeals or the trial


court went beyond the issues of the case, or its findings are
SECTION 1. FILING OF PETITION WITH SUPREME COURT. — A
contrary to the admissions of both the appellant and the
party desiring to appeal by certiorari from a judgment or final appellee;
order or resolution of the Court of Appeals, the Sandiganbayan,
the Regional Trial Court or other courts whenever authorized g) when the findings are contrary to the trial court;
h) when the findings are conclusions without citation of specific impleading the lower courts or judges thereof either
evidence on which they are based; as petitioners or respondents;
i) when the facts set forth in the petition as well as in the b) indicate the material dates showing when notice of
petitioner’s main and reply briefs are not disputed by the
the judgment or final order or resolution subject
respondent;
thereof was received, when a motion for new trial or
j) when the findings of fact are premised on the supposed absence reconsideration, if any, was filed and when notice of
of evidence and contradicted by the evidence on record; and the denial thereof was received;
k) when the Court of Appeals or the trial court manifestly c) set forth concisely a statement of the matters
overlooked certain relevant facts not disputed by the parties, involved, and the reasons or arguments relied on for
which, if properly considered, would justify a different
the allowance of the petition;
conclusion.
d) be accompanied by a clearly legible duplicate original,
or a certified true copy of the judgment or final
SEC. 2. TIME FOR FILING; EXTENSION. — The petition shall be order or resolution certified by the clerk of court of
filed within fifteen (15) days: the court a quo and the requisite number of plain
copies thereof, and such material portions of the
 from notice of the judgment or final order or resolution record as would support the petition; and
appealed from, or
e) contain a sworn certification against forum shopping
 of the denial of the petitioner’s motion for new trial or as provided in the last paragraph of section 2, Rule
reconsideration filed in due time after notice of the 42.
judgment.

SEC.5 (a) AM 11-9-4: EFFICIENT USE OF PAPER RULE


On motion duly filed and served, with full payment of the
docket and other lawful fees and the deposit for costs BEFORE UNLESS otherwise directed by the court, the number of
the EXPIRATION of the REGLEMENTARY PERIOD, court bond papers that a party is required or desired to
file shall be as follows:
→ the Supreme Court may for justifiable reasons GRANT an
extension of thirty (30) days only within which to file the a. In the SC, 1 original (properly marked) and 4 copies,
petition. UNLESS the case is referred to the Court En Banc, in
which event, the parties shall file 10 additional
copies.
SEC. 3. DOCKET AND OTHER LAWFUL FEES; PROOF OF SERVICE
OF PETITION. — Unless he has theretofore done so, the
petitioner shall: For the En Banc, the parties need to submit only 2
sets of annexes, 1 attached to the original and an
1) pay the corresponding docket and other lawful fees to extra copy.
the clerk of court of the Supreme Court and

2) deposit the amount of P500.00 for costs at the time of


the filing of the petition. For the Division, the parties need to submit also 2
sets of annexes, 1 attached to the original and an
3) Proof of service of a copy thereof on the lower court extra copy.
concerned and on the adverse party shall be submitted
together with the petition.

All members of the Court shall share the extra copies


of annexes in the interest of economy of papers.
SEC. 4. CONTENTS OF PETITION.— The petition shall be filed in
eighteen (18) copies, with the original copy intended for the
court being indicated as such by the petitioner, and shall:
SEC. 5. DISMISSAL OR DENIAL OF PETITION.— The failure
a) state the full name of the appealing party as the of the petitioner to comply with any of the foregoing
petitioner and the adverse party as respondent, without requirements regarding:
 the payment of the docket and other lawful fees,  impose the corresponding SANCTIONS in case of
non-filing or unauthorized filing of such pleadings
 deposit for costs, proof of service of the petition, and and documents or non-compliance with the
 the contents of and the documents which should conditions therefore.
accompany the petition

→ shall be sufficient ground for the DISMISSAL thereof. SEC. 8. DUE COURSE; ELEVATION OF RECORDS. — If the
petition is given due course, the Supreme Court may
require the ELEVATION of the complete record of the
The Supreme Court may on its OWN INITIATIVE: case or specified parts thereof within fifteen (15) days
from notice.
 DENY the petition on the ground that the

→ appeal is without merit, or


SEC. 9. RULE APPLICABLE TO BOTH CIVIL AND CRIMINAL
→ is prosecuted manifestly for delay, or CASES.— The mode of appeal prescribed in this Rule shall
→ that the questions raised therein are too unsubstantial to be applicable to both civil and criminal cases, except in
require consideration. criminal cases where the penalty imposed is death,
reclusion perpetua or life imprisonment.

SEC. 6. REVIEW DISCRETIONARY.— A review is not a matter of


right, but of sound judicial discretion, and will be granted only
when there are special and important reasons therefor.
RELIEF FROM JUDGMENTS, ORDERS, OR OTHER
PROCEEDINGS (RULE 38)
The following, while neither controlling nor fully measuring the
court’s discretion, indicate the character of the reasons which
will be considered: What is PETITION FOR RELIEF?

a) When the court a quo has decided a question of → A legal remedy whereby a party seeks to set aside a
substance, not theretofore determined by the Supreme judgment rendered against him by a court whenever
Court, or has decided it in a way probably not in accord he was unjustly deprived of hearing or was prevented
with law or with the applicable decisions of the from taking an appeal because of
Supreme Court; or

b) When the court a quo has so far departed from the


Samonte vs S.F. Naguiat
accepted and usual course of judicial proceedings, or so
far sanctioned such departure by a lower court, as to call NATURE
for an exercise of the power of supervision.
→ The relief provided for is of equitable character,
alllowed only in exceptional cases as where there is no
other available or adequate remedy to him.
SEC. 7. PLEADINGS AND DOCUMENTS THAT MAY BE
REQUIRED; SANCTIONS.— → When a party has another remedy available to him,
which may either be a motion for new trial or appeal
For purposes of determining whether the petition should be
from an adverse decision of the lower court, and he
dismissed or denied pursuant to section 5 of this Rule, or
was not prevented by fraud, accident, mistake or
where the petition is given due course under section 8 hereof,
excusable negligence from filing such motion or taking
the Supreme Court may:
the appeal, he cannot avail himself of the relief
 require or allow the filing of such pleadings, briefs, provided in Rule 38.
memoranda or documents as it may deem necessary
within such periods and under such conditions as it may
consider appropriate, and
GROUND fraud can be committed by a counsel against his client
when the latter is prevented from presenting his case to
SECTION 1. PETITION FOR RELIEF from, JUDGMENT, ORDER, the court.
OR OTHER PROCEEDINGS —

When a judgment or final order is entered, or any other


proceeding is thereafter taken against a party in any court MISTAKE as used in Rule 38 means mistake of fact and
through fraud, accident, mistake, or excusable negligence, he not mistake of law. A wrong choice in legal strategy or
may file a petition in such court and in the same case praying mode of procedure will not be considered a mistake for
that the judgment, order or proceeding be set aside. purposes of granting a petition for relief from judgment.
Mistake as a ground also "does not apply and was never
intended to apply to a judicial error which the court might
City of Dagupan vs Maramba have committed in the trial since such error may be
corrected by means of an appeal."
Courts may set aside final and executory judgments provided
that any of the grounds for their grant are present.
Mistake can be of such nature as to cause substantial
injustice to one of the parties. It may be so palpable that
The presence of "fraud, accident, mistake or excusable it borders on extrinsic fraud.
negligence" must be assessed from the circumstances of the
case.

EXCUSABLE NEGLIGENCE as a ground for a petition for relief SEC. 2. PETITION FOR RELIEF from DENIAL OF APPEAL. —
requires that the negligence be so GROSS "that ordinary When a judgment or final order is rendered by any court
diligence and prudence could not have guarded against it." in a case, and a party thereto, by fraud, accident, mistake,
This excusable negligence must also be imputable to the or excusable negligence, has been prevented from taking
party-litigant and not to his or her counsel whose negligence an appeal, he may file a petition in such court and in the
binds his or her client. same case praying that the appeal be given due course.

Nevertheless, this court has relaxed this rule on several


occasions such as: " SEC. 3. TIME FOR FILING PETITION; CONTENTS AND
1) where the reckless or gross negligence of counsel VERIFICATION.— A petition provided for in either of the
deprives the client of due process of law; preceding sections of this Rule must be:

2) when the rule's application will result in outright 1. verified,


deprivation of the client's liberty or property; or 2. filed within sixty (60) days after the petitioner
3) where the interests of justice so require." learns of the judgment, final order, or other
proceeding to be set aside, and not more than six (6)
Certainly, excusable negligence must be proven. months after such judgment or final order was
entered, or such proceeding was taken; and

3. must be accompanied with affidavits showing the


FRAUD as a ground for a petition for relief from judgment fraud, accident, mistake, or excusable negligence
pertains to extrinsic or collateral fraud. relied upon, and

4. the facts constituting the petitioner’s good and


The extrinsic or collateral fraud that invalidates a final substantial cause of action or defense, as the case
judgment must be such that it prevented the unsuccessful may be.
party from fully and fairly presenting his case or defense and
the losing party from having an adversarial trial of the issue.
There is extrinsic fraud when a party is prevented from fully SEC. 4. ORDER TO FILE AN ANSWER.— If the petition is
presenting his case to the court as when the lawyer connives sufficient in form and substance to justify relief, the court
to defeat or corruptly sells out his client's interest. Extrinsic in which it is filed, shall:
1) issue an order requiring the adverse parties to answer
the same within fifteen (15) days from the receipt
thereof.

2) The order shall be served in such manner as court may


direct, together with copies of the petition and the
accompanying affidavits.

SEC. 6. PROCEEDINGS AFTER ANSWER IS FILED. — After the


filing of the answer or the expiration of the period therefor,
the court shall:

1. hear the petition and

2. if after such hearing, it finds that the allegations thereof


are NOT TRUE, the petition shall be DISMISSED; but

3. if it finds said allegations to be TRUE, it shall SET ASIDE


the judgment or final order or other proceeding
complained of upon such terms as may be just.
(Effect if Petition is Granted)

 Thereafter the case shall stand as if such judgment, final


order or other proceeding had never been rendered, issued
or taken.

 The court shall then proceed to hear and determine the


case as if a timely motion for a new trial or reconsideration
had been granted by it.

SEC. 7. PROCEDURE where the DENIAL OF AN APPEAL IS SET


ASIDE.—

Where the denial of an appeal is set aside, the lower court


shall be required TO GIVE DUE COURSE TO THE APPEAL and to
elevate the record of the appealed case as if a timely and
proper appeal had been made.