LEVEL FOURTEEN: POST-JUDGMENT REMEDIES

1. What are the different remedies against a judgment?

Remedies against a Judgment which has not become final:

2. What are the grounds for a Motion for Reconsideration?

3. What are the grounds for a Motion for New Trial?
4. What is fraud in relation to a Motion for New Trial?
5. What is an accident in relation to a Motion for New Trial?
6. What is a mistake in relation to a Motion for New Trial?
7. What is an excusable negligence in relation to a Motion for New
Trial?
8. What is a newly-discovered evidence?
9. What are the two aspects of a newly-discovered evidence?
10.When is a second motion for new trial allowed?
11.What is the harmless error doctrine?
12.When is a second motion for reconsideration allowed?
13. What is the fresh-period rule?
14.What is appeal in its broad sense?
15.What is an appeal in its strict sense?
16.What are the different appeal periods that are followed in civil
actions?
17.When will the date of receipt of the judgment by the party become
the reckoning point for the appeal period?
18.How may an appeal be taken?
19.What happens to the case if it is appealed?
20.What is a record on appeal?
21. What are the modes of appeal?
22. What is an ordinary appeal?
23. When is a Petition for Review proper?
24. When is an Appeal by Certiorari proper?
25. What is certiorari?
26. What are the differences between a petition for review on certiorari
and a special civil action for certiorari?
27. When is an appeal perfected? (notice of appeal and record on
appeal)
28.What is the effect of the perfection of an appeal?
29. What is residual jurisdiction? What is the residual jurisdiction
stage? (motion for extension of time for the filing of a petition for
review is not an appeal therefore no residual jurisdiction yet: ATTY.
JESUS F. FERNANDEZ VS. CA GR No. 131094 May 16, 2005)
30.What is equity jurisdiction?
31. What may a court a quo do in the exercise of its residual
jurisdiction?
32. What are the actions that the appellate court may do as regards an
appealed case?
33.What will the appellate court do after it affirms a dismissal of an
action on the ground of lack of jurisdiction?
34.What may not be appealed? (consider Small Claims Cases etc)
35. What are the grounds for the dismissal of an appeal?
36.To what court do you appeal decisions of :
a. Court of Tax Appeal
b. NLRC
c. Sandiganbayan
d. Civil Service Commission
e. COMELEC
f. CBAA
g. SEC
h. LRA
37.If petition for review and appeal by Certiorari are modes of appeal,
why are they done through a petition? Why are the petitions
required to be accompanied by a Certification Against Forum-
Shopping?

Remedies against a judgment which has become final:

38. When is a Petition for Relief from Judgment proper?

39. What is the difference between a Petition for Relief from Judgment
and Petition for Relief from Denial of an Appeal?
40. When must a petition for relief be filed?
41. What are the grounds for a Petition for Relief from Judgment?
42. What are the grounds for a Petition for Annulment of Judgment?
43. When must a petition for Annulment of Judgment be filed?