• Appeals

ATTY. GEORGE S.D. AQUINO

• What is the nature of the right to appeal?
The right to appeal is not a natural right or part of due process. It is merely a statutory
privilege and may be exercised only in the manner and in accordance with the provisions of
the law or rule (Ortiz v. CA G.R. No. 127393, Dec. 4, 1998)
o Consequently: The perfection of an appeal in the manner and within the period
prescribed by law is not only mandatory but also jurisdictional (Manila Memorial
Park Cemetery, Inc. v. CA, et al., G.R. No. 137122, Nov. 15, 2000)
• What is the proper subject of an appeal?
An appeal may be taken from a judgment or final order that completely disposes of the case
or of a particular matter therein. (Rule 41, Sec. 1)
• What are the orders or judgments that cannot be appealed from?
No appeal may be taken from the following:
• An order denying petition for relief or any similar motion seeking relief from
judgment (because the remedy against such an order is a petition for certiorari
or prohibition under Rule 65)
• An interlocutory order (because the remedy against such an order is a petition
for certiorari or prohibition [or even mandamus] under Rule 65)
• What are the orders or judgments that cannot be appealed from?
3. An order disallowing or dismissing an appeal (because the remedy against such
an order is either certiorari or petition for relief)
4. 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 (because the remedy against a judgment based on compromise
may either be a petition for relief from judgment, action to annul judgment, or a
petition for certiorari under Rule 65)

• No appeal may be taken from the following: (continuation)

An order of execution (because the remedy against such an order is a petition for
certiorari under Rule 65)

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 (because the aggrieved party
must wait for the decision in the entire case, although the court may allow a separate
appeal, in which case a record on appeal is necessary)

An order dismissing an action without prejudice (because the remedy of the plaintiff,
who is the party aggrieved by such dismissal, is to refile his complaint; or he may file a
petition for certiorari under Rule 65)
• The remedy common to all the above instances is certiorari, prohibition, or mandamus
under Rule 65. (Rule 41, Sec. 1.)
• The trial court rendered a partial summary judgment. May appeal be taken therefrom?
 No. As explained in Guevarra v. CA, No. L-49017, Aug. 30, 1983, 124 SCRA 297, a partial
summary judgment, being interlocutory, may not lapse into finality even where no appeal is
taken therefrom as it is not a final judgment. Hence, no appeal may be taken from a partial
summary judgment, except if the trial court will allow an appeal therefrom.
• What are the modes of appeal?
• Rule 40
• Ordinary Appeal; MTC to RTC
• Rule 41
• Ordinary Appeal; RTC to CA; questions of fact or mixed questions of fact and law
• Rule 42
• Petition for Review; RTC to CA; questions of fact, of law, or mixed questions of fact
and law
• Rule 43
• Petition for Review; Quasi-judicial agencies to CA; questions of fact, of law, or mixed
questions of fact and law
• Rule 45
• Petition for Review on Certiorari; CA, SB, CTA, RTC to SC; questions of law
• What are the instances when appeal to the Supreme Court by means of a petition for review
on certiorari under Rule 45 may also raise questions of facts?
When the conclusion is a finding grounded entirely on speculations, surmises, or
conjectures
When the inference made is manifestly absurd, mistaken, or impossible
When there is grave abuse of discretion in the appreciation of facts
When the judgment is premised on misapprehension of facts
When the findings of facts are contrary to the admissions of the parties. (Remalante v.
Tibe et al., G.R. No. L-59514, Feb. 25, 1988)
• What are the instances when appeal to the Supreme Court by means of a petition for review
on certiorari under Rule 45 may also raise questions of fact, of law, or mixed questions of
fact and law?
Appeal in writ of kalikasan cases
Appeal in Habeas Data or Writ of Amparo cases

• What should the Court of Appeals do to an appeal erroneously brought to it?

The Court of Appeals must dismiss it outright
• When does a question of law exist?
1. When the doubt or difference centers on what the law is on a certain state of facts
2. When the issue raised is capable of being resolved without need of reviewing the
probative value of the evidence. (Microsoft Corp. v. Maxicorp, Inc., G.R. No. 140946, Sept.
13, 2004)
• When does a question of fact exist?
1. When the doubt centers on the truth or falsity of the alleged facts.
2. When the issue invites a review of the evidence presented.
3. When the query requires a re-evaluation of the credibility of witnesses, or the existence
or relevance of surrounding circumstances and their relation to each other. (Microsoft Corp.
 v. Maxicorp, Inc., G.R. No. 140946, Sept. 13, 2004) see also: Eastern Shipping Lines, Inc. v.
BPI/MS Insurance Corp. et al., G.R. No. 193986, Jan. 15, 2014

• How is ordinary appeal taken?

An ordinary appeal is 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.
• What should the notice of appeal indicate?
If the appeal is from the judgment or final order rendered by the Municipal Trial Court, the
notice of appeal should indicate:
The parties to the appeal
The judgment or final order or part thereof appealed from
The material dates showing timeliness of the appeal (Sec. 3, Rule 40.)
• The adverse party shall be served with a copy of the notice of appeal
• What should the notice of appeal indicate?
If the appeal is from the judgment or final order rendered by the Regional Trial Court, the
notice of appeal should:
Indicate the parties to the appeal
Specify the judgment or final order or part thereof appealed from
Specify the court to which the appeal is being taken
State the material dates showing the timeliness of the appeal (Sec. 5, Rule 41.)
• The adverse party shall be served with a copy of the notice of appeal

• What are examples of cases of multiple appeals?

a. In an action for expropriation – where the adverse party may appeal from the
order of expropriation; and later, he may also appeal from the judgment fixing the just
compensation of the property expropriated based on the commissioners’ report. (Rule
67, Secs. 4 and 8.)
b. In an action for foreclosure of real estate mortgage – where the adverse party
may appeal from the judgment on foreclosure, and, later, he may also appeal from the
order confirming the sale. (Rule 68, Secs. 2 and 3)
c. In an action for partition – where the adverse party may appeal from the order of
partition; and, later, he may also appeal from the judgment of partition. (Rule 69, Secs.
2 and 11.)
• What is the period for perfecting an ordinary appeal?
1. If the appeal is by notice of appeal, the appellant must file a notice of appeal
within fifteen (15) days from notice of the judgment or final order appealed from.
2. If the appeal is by notice of appeal and record on appeal, the appellant must file
a notice of appeal and record on appeal within thirty (30) days from notice of the
judgment or final order appealed from.
3. An appeal in habeas corpus cases shall be taken within forty-eight (48) hours
from notice of the judgment or final order appealed from. (Sec. 39, B.P. Blg. 129.)

• What is the period for perfecting an ordinary appeal?

 An appeal from a judgment or final order in amparo cases shall be taken to the
Supreme Court under Rule 45 within five (5) working days from the date of notice of
the adverse judgment. The appeal may raise questions of fact or law or both. (A.M. No.
07-9-12-SC dated September 25, 2007.)

Similarly, an appeal from a judgment or final order in habeas data cases shall be taken
to the Supreme Court under Rule 45 within five (5) working days from the date of
notice of the adverse judgment. The appeal may raise questions of fact or law or both.
(A.M. No. 08-1-16-SC dated January 22, 2008.)
• Neypes, et al. v. CA, et al., G.R. No. 141524, Sept. 14, 2005
To standardize the appeal periods provided in the Rules and to afford litigants fair
opportunity to appeal their cases, the Court deems it practical to allow a fresh period of 15
days within which to file the notice of appeal in the Regional Trial Court, counted from
receipt of the order dismissing a motion for a new trial or motion for reconsideration.
• When is an ordinary appeal deemed perfected?
A party’s appeal by notice of appeal is deemed perfected as to him upon the filing of
the notice of appeal in due time

A party’s appeal by record on appeal is deemed perfected as to him with respect to the
subject matter thereof upon the approval of the record on appeal filed in due time.
(Rule 41, Sec. 9)
• Section 7, Rule 41 requires a record on appeal to be approved by the trial court. But a notice
of appeal does not require court’s approval. (Kho v. Camacho, et al., G.R. No. 82789, Nov.
21, 1991.)
• The parties may file a joint record on appeal where they are both appellants. (Sec. 8, Rule
41.)
• When does the trial court lose jurisdiction over the case?
In appeal by notice of appeal, the court loses jurisdiction over the case upon the
perfection of the appeal filed in due time and the expiration of the time to appeal of
the other parties

In appeal by record on appeal, the court loses jurisdiction only over the subject matter
thereof upon the approval of the record on appeal filed in due time and the expiration
of the time to appeal of the other parties. (Rule 41, Sec. 9.)

Thus, in appeal by record on appeal, the trial court loses jurisdiction not over the case
but only over the subject matter of the appeal.
• What court has the competence to rule that an appeal is frivolous or dilatory?
It is the appellate court, not the trial court. (Aquino v. Santiago, G.R. No. L-56362, May 28,
1988 [161 SCRA 570].)
• Also, it is the appellate court that may dismiss the appeal for failure to prosecute. (Esperas
v. CA, G.R. No. 121182, Oct. 2, 2000 [341 SCRA 583].)
• Prior to the transmittal of the original record or the record on appeal to the appellate court,
the trial court may, motu proprio or on motion, dismiss the appeal for having been taken
 out of time or for non-payment of the docket and other lawful fees within the reglementary
period. (Rule 41, Sec. 13.)
• Summary of the rules on appeal from the judgments of the Regional Trial Court

Original Jurisdiction – in all cases decided by the RTC in the exercise of their original
jurisdiction, appeal may be made to:
The CA – questions of fact, or mixed questions of fact and law, by filing a notice
of appeal

The SC – questions of law, by filing a petition for review on certiorari under Rule
45
• Appellate Jurisdiction – appeal may be made to:
The CA – questions of fact, of law, or mixed questions of fact and law, by filing a
petition for review under Rule 42
• May the 15-day period to file a petition for review with the Court of Appeals be extended?
Yes. It may be extended but only for another period of fifteen (15) days. No further
extension shall be granted except for the most compelling reason and in no case to exceed
fifteen days. (Rule 42, Sec. 1.)
• How shall appeal from quasi-judicial agencies under Rule 43 be taken?
By filing a verified petition for review with the Court of Appeals.
• May a party withdraw his appeal that has already been perfected? If so, when?
Yes, he may withdraw his appeal. Section 3, Rule 50 of the 1997 Rules of Civil Procedure
provides: “An appeal may be withdrawn as of right at any time before the filing of the
appellee’s brief. Thereafter, the withdrawal may be allowed in the discretion of the court.”
• What are the grounds for annulment of judgment?
Extrinsic Fraud
However, extrinsic fraud shall not be a valid ground for annulment of judgment if it
was availed of, or could have been availed of, in a motion for new trial or petition for
relief. (Rule 47, Sec. 2.)
If the judgment or final order or resolution is set aside on the ground of extrinsic
fraud, the Court of Appeals may on motion order the trial court to try the case as if a
timely motion for new trial had been granted therein. (Pinausukan Seafood House-
Roxas Blvd., Inc. v. Far East Bank and Trust Co., now Bank of the Philippine Islands, et
al., G.R. No. 159926, Jan. 20, 2014.)

• Lack of Jurisdiction
If the ground relied upon is lack of jurisdiction, the entire proceedings are set aside
without prejudice to the original action being refiled in the proper court. (Id.)
• When is fraud regarded as extrinsic?
Fraud is regarded as extrinsic or collateral where a litigant commits acts outside of the
trial of the case, the effect of which prevents a party from having a trial, a real contest, or
from presenting all of his case to the court, or where it operates upon matters pertaining
 not to the judgment itself but to the manner in which it was procured so that there is not a
fair submission of the controversy.
• What is the period for the filing of an action for annulment of judgment?
If based on extrinsic fraud, the action must be filed within four (4) years from its
discovery;
If based on lack of jurisdiction, the action must be filed before it is barred by laches or
estoppel (Rule 47, Sec. 3.)
But an action for annulment of judgment can be resorted to only if the remedies of new
trial, appeal, petition for relief, or other appropriate remedies are no longer available
through no fault of the petitioner. (Rule 47, Sec. 1.)
• What are the remedies against a final and executory judgment?
Petition for Relief from Judgment under Rule 38 when the judgment has been
taken against the party through fraud, accident, mistake, or excusable negligence.

The petition must be filed within sixty (60) days from knowledge of the judgment
and six (6) months from entry thereof.)
• What are the remedies against a final and executory judgment?
2. Action for Annulment of the Judgment. This is a direct action for annulment on the
ground of:
• Extrinsic Fraud
• Lack of jurisdiction over the subject matter or over the person of the defendant
3. A direct action for certiorari under Rule 65; or a collateral attack against the judgment if
the judgment is void on its face or void by its own recitals. (Arcelona v. CA, G.R. No.
102900, Oct. 2, 1997 [280 SCRA 20].)

• In an action for annulment of judgment, is extraneous evidence (or evidence not found in
the records of the case) admissible?
NO. If the action for annulment is based on lack of jurisdiction over the person of the
defendant or subject matter, only evidence found in the records of the case can justify
the annulment of said judgment

YES. If the action for annulment is based on extrinsic fraud, extraneous evidence is
admissible (Arcelona v. CA, G.R. No. 102900, Oct. 2, 1997 [280 SCRA 20].)
• May a person not a party to the case in which the judgment is rendered file an action for
annulment of judgment?
Yes, but only if such person has been a successor in interest by title subsequent to the
commencement of the action, or the action or proceeding is in rem the judgment of which
is binding against him. Otherwise, no. (Dare Adventure Farm Corp. v. CA, et al., G.R. No.
161122, Sept. 24, 2012.)
• Note: only a party may file a petition for relief from judgment or final order. (Rule 38, Secs. 1
and 2.)
• What is the remedy of a party aggrieved by a decision of the CA in an action to annul a
judgment of the RTC?
His remedy is a petition for review on certiorari under Rule 45 to be filed with the SC
where only questions of law may be raised. (Linzag v. CA, G.R. No. 122181, June 26, 1998
[291 SCRA 304].)