Remedial Law Review I Transcript Judge D
What are the civil actions within
November 6, 2020
Answers to Midterms:
1.
a. Differentiate Failure to state a
cause of action to Lack of cause
of action
Failure to state cause of action
refers to insufficiency in the
allegations in the complaint or it
refers to a situation where the
plaintiff not a party in interest while
Lack of cause of action refers to
insufficiency of evidence. Failure to
state of cause of action
insufficiency in the allegations of
the complaint such as not all
elements of cause of action are
alleged while Lack of cause of
action refers to insufficiency of
evidence presented during the trial
b. Distinguish Summary Judgment
from Judgment on the
Pleadings
In Summary judgment there is an
issue but the issue is not genuine
while in Judgment on the pleadings
there is no issue because all the
allegations in the pleading
responded to are admitted.
Summary judgment based on
pleadings as well as affidavits,
depositions and other evidence,
while judgment on the pleadings
are based exclusively on the
pleadings.
2.
the exclusive jurisdiction of the
RTC?
a. Actions which are incapable of
pecuniary estimation
b. Money claims amount of which
exceeds P300,000 (outside
Metro Manila) or P400,000
(Metro Manila)
c. Real action where the assessed
value of property exceeds
P20,000 (outside Metro Manila)
or P50,000 (Metro Manila)
d. Settlement of estate or probate
where value of estate exceeds
P300,000 (outside Metro
Manila) or P400,000 (Metro
Manila)
3. What are the grounds wherein
court can dismiss a civil action
motu propio?
a. Res judicata (Section 1, Rule 9)
b. Litis Pendentia (Section 1, Rule
9)
c. Prescription (Section 1, Rule 9)
d. Lack of jurisdiction over subject
matter when these are
apparent in the allegations in
the complaint (Section 1, Rule
9)
e. Plaintiff failed to appear in
court during the presentation
of his evidence
f. Plaintiff failed to appear during
pre trial
g. Plaintiff failed to prosecute his
case within reasonable period
of time
4. How to specifically deny an
actionable document?
 a. Specifically denying all material
allegations in the complaint and
allege what is to be the truth
b. Partial denial
c. Lack of knowledge as to the
truth or veracity of allegations.
However, lack of knowledge or
information as to the truth or
veracity of allegations should
be made in good faith. Where
the allegations are within the
knowledge of the responding
party, denying it through lack of
knowledge or information shall
be considered a general denial
and which has an effect of an
admission.
For example the plaintiff allege that
the defendant executed a deed of
sale. The defendant could not say
that he has no information or
knowledge that he executed a
deed of sale. If he has allegations in
his answer of lack of knowledge or
information as to the truth of the
allegation or as to the existence of
the document, that is considered
as a general denial which has an
effect of an admission and the case
will be subjected to judgment on
the pleadings.
5. The jurisdiction of the court over
the subject matter is conferred by
law and determined from the
allegations in the complaint. It is
not based on the allegations in the
answer of the defendant or in the
motion to dismiss filed by the
defendant or in the admissions or
in the evidence presented during
the trial.
For example in a collection case the
defendants lawyer was able to
seek an admission from the plaintiff
that defendant has made a partial
payment. Such admission or
evidence presented during trial
cannot be ground for dismissal of
the case due to lack of jurisdiction.
When the main cause of action is
damages, all kinds of damages shall
be the basis of determining
jurisdiction.
6. Two Dismissal Rule- by mere notice
file by the plaintiff will apply if in
the first dismissal the court has
jurisdiction. If the court does not
have jurisdiction in the first
dismissal, then the two dismissal
rule does not apply.
7. When can there be valid
substituted of summons?
Rules of Court provides, summons
must be serve in person upon the
defendant. Summons cannot
promptly serve on the defendant
then substituted service can be
resorted to provided, there must
be at least three attempts on two
different dates, and summons
together with copy of the
complaint shall be left with a
person of sufficient age and
discretion residing in the residence
of the defendant.
In the problem in question no. 7, when the
sheriff served the summon the defendant
was not around, the sheriff left the
summons together with the complaint
with the mother of the defendant.
Was there valid service of summons? No.
Nevertheless the court has acquired
jurisdiction over the person of the
defendant, under the Rules of Court
jurisdiction over the person of the
defendant is acquired by the court either
by proper service of summons or
voluntary appearance in court. Filing of
motions or whatever pleadings in court
asking for an affirmative relief is
considered voluntary appearance.
8. A defendant failed to file his
answer within two months after he
received a copy of the order
denying a motion to dismiss. The
plaintiff also failed to file a motion
to declare the defendant in default.
The court motu propio dismiss the
case. Is the action of the court
correct?
Answer: Yes. Failure on the part of the
plaintiff to prosecute for an unreasonable
length of time is a ground for dismissal,
either upon motion of the adverse party
or in the instance of the court.
9. What is the effect if the plaintiff
fails to appear during Court
Annexed Mediation?
Answer: Dismissal of the case, same as the
plaintiff fail to appear during pre trial.
10. What do you mean about
restrictive stipulation on venue.
Must contain words such as, “shall
only be”, “solely”,
Note: if “shall” only not restrictive,
General rule on venue: when action
is a personal action, action shall be
filed at the residence of the plaintiff
or defendant at the plaintiff’s
option.
Real action -action involves title to
or possession of real property.
RULE 36
JUDGMENTS, FINAL ORDERS AND
ENTRY THEREOF
Section 1. Rendition of judgments
and final orders.
A judgment or final order
determining the merits of the case
shall be in writing personally and
directly prepared by the judge,
stating clearly and distinctly the
facts and the law on which it is
based, signed by him, and filed with
the clerk of the court.
Judgment or Decision- is the final
consideration and determination of
a court of competent jurisdiction
upon the matters submitted to it in
an action or proceedings.
(Gotamco vs Chan Seng G.R. No. L-
22737 November 28, 1924)
Decision Judgment
-refers to the -refers to the
entire written dispositive
document portion only.
-the fallo, the
“wherefore”
portion
* there is not much difference
between the two as they are
usually used interchangeably.
 Note: Failure to state the facts and
Final Order Interlocutory law, the decision would be void.
Order
-there is -there is still In the case of, ARMANDO GO vs.
nothing more something more EAST OCEANIC LEASING and
to be done by to be done by FINANCE CORPORATION, G.R. No.
the court in the court in the 206841, January 19, 2018
the case case
SC: The parties to a litigation
For example: For example: an should be informed of how it was
an order of order denying a decided, with an explanation of the
dismissal on motion to factual and legal reasons that led
the ground of dismiss to the conclusions of the court.
res judicate
In another case, JOEY M. PESTILOS,
DWIGHT MACAPANAS, MIGUEL
Section 1 gives us the requirements GACES, JERRY FERNANDEZ and
of a valid judgment. RONALD MUNOZ vs. MORENO
GENEROSO and PEOPLE OF THE
Requirements of a valid judgment: PHILIPPINES, G.R. No. 182601
November 10, 2014
1) It must be in writing;
SC: a decision should clearly state
2) Personally and directly prepared the facts and the law upon which it
by the judge; was based.

- although some courts have legal
researchers who drafts order or
decision
-courts now also have CDO’s or
Case Decongestion Officers- law
graduates or lawyers the duty is
like a legal researcher
3) Shall state clearly and distinctly
the facts and the law on which it is
based;
Note: the only decision that would
not need to state the facts and law
of the case is decision based on
Compromise Agreements.
In the decision of the court it will
state: The parties have reached a
compromise agreement stated as
follows (copy verbatim the
compromise agreement by parties)
and in the dispositive portion state:

State the facts- the evidence Wherefore finding the foregoing

presented by the parties and state
which evidence the court believes
and why.
agreement to be consistent with
law, public order, public policy and
public morals, the court hereby
approves the same and adopts it as
a decision in this case.

Effect of decision based on
compromise agreement:
Immediately executory cannot be
subject to appeal.
If a party wants to file an appeal, he
has first ask the court to declare
the compromise agreement as void
on the ground of intimidation,
violence, threat, undue influence.
The parties can enter into
compromise agreement before and
after judgment even the decision
became final and executory
(execution stage)
FELIPE O. MAGBANUA, CARLOS DE
LA CRUZ, REMY ARNAIZ, BILLY
ARNAIZ, ROLLY ARNAIZ,
DOMINGO SALARDA, JULIO
CAHILIG and NICANOR LABUEN v.
RIZALINO UY, G.R. NO. 161003 :
May 6, 2005
SC: upheld a compromise
agreement that covered cases
pending trial, on appeal, and with
final judgment.
4) Shall be signed and after signing
the same shall be submitted to the
clerk of court.
- Once the clerk received the
decision, it shall be dated and such
time and date is the promulgation
of judgment, this is in civil cases,
one step.
- in criminal cases, two step, clerk
received the decision, first step and
the second step is the reading of
the decision in open court.
- After receipt of the clerk, it shall
be furnished to the parties through
their counsel and such is deemed
the publication.
Special Forms of Judgment
1) Judgment by default- defendant
cannot file answer
2) Judgment on the pleadings
3) Summary judgment
4) Judgment based on compromise
agreement
Compromise agreement-
agreement based on mutual
concessions.
- meaning the court did not
anymore conduct hearing but
based its decision on the
compromise agreement of the
parties.
- this judgment is immediately
executory. Usually judgments
become final and executory after
the lapse of the 15 days, but
judgment based on compromise
agreement is immediately
executory.
- In case, one party wishes to
appeal the compromise
agreement, he should first nullify
the compromise agreement.
- On what instance where a party to
a compromise agreement would
appeal the same? On the ground
that his consent to the agreement
was obtained through coercion.
5) Judgment Nunc pro tunc
-the court requires the entry of the
judgment which has not been
entered as rendered
-in the court there is that docket
book wherein the dispositive
portion of every case is entered
6) Clarificatory Judgment
- when the decision of the court is
vague or ambiguous, the party may
file a motion to let the court clarify
its decision.
7) Judgment upon confession
- Defendant confessed his liability
to the court or he acknowledged
the validity of the plaintiff’s claims.
- Defendant here did not file an
answer, he just wrote to the court
acknowledging the validity of
plaintiff’s claims
- If he had filed an answer
confessing to his liability the same
shall be deemed judgment on the
pleadings.
8) Judgment Note
- same with a Bill of attainder
(judgment rendered without
judicial trial)
- For example; ---the promissory
note contains stipulations that the
maker authorizes in advance a
confession of judgment against
him on occasion of non-payment of
the note on its maturity.
- this is void.
-
PNB v. Manila Oil Refining
Company 43 Phils. 444
- We are of the opinion that
warrants of attorney to confess
judgment are not authorized nor
contemplated by our law. We are
further of the opinion that
provisions in notes authorizing
attorneys to appear and confess
judgments against makers should
not be recognized in this
jurisdiction by implication and
should only be considered as valid
when given express legislative
sanction.
9) Memorandum Decision – a
decision adopts by reference the
findings of facts and conclusions of
law contained in the decision of a
lower court .OIL AND NATURAL
GAS COMMISSION vs. COURT OF
APPEALS and PACIFIC CEMENT
COMPANY, INC. G.R. No. 114323
July 23, 1998
Sec. 2. Entry of judgments and
final orders.
If no appeal or motion for new trial
or reconsideration is filed within
the time provided in these Rules,
the judgment or final order shall
forthwith be entered by the clerk in
the book of entries of judgments.
The date of finality of the judgment
or final order shall be deemed to be
the date of its entry. The record
shall contain the dispositive part of
the judgment or final order and
shall be signed by the clerk, with a
certificate that such judgment or
final order has become final and
executory.
After the lapse of fifteen days, if
there be no appeal or motion for
new trial or reconsideration then
the decision became final and
executory;
-Date of finality is the date of entry
of judgment;
 -Why is the date of entry
important? Because such date is
the reckoning date of the filing of
Petition for relief from Judgment
as well as the counting for the filing
of the Motion for Issuance of the
writ of execution or the counting
of the filing of the revival of
Judgment within the period of 10
years.
Note: before the decision has become
final and executory (before the lapse of
the 15 day period) the court has the
inherent power to change or amend the
decision.
DOCTRINE OF IMMUTABILITY OF
DECISION:
-When judgment has become final and
executory the same is immutable and
unalterable.
- As a rule, decision once final it cannot be
modified anymore nor changed EXCEPT;
clerical errors or to clarify ambiguity.
- but there are some decisions which are
exempt from the doctrine of immutability
of decisions such as in support cases.
Sec. 3. Judgment for or against one or
more of several parties.
Judgment may be given for or against one
or more of several plaintiffs, and for or
against one or more of several
defendants. When justice so demands, the
court may require the parties on each side
to file adversary pleadings as between
themselves and determine their ultimate
rights and obligations.
Joinder of parties – 2 or more parties are
joined in one complaint, the court may
render judgment for or against 1 or more
of several parties.
Sec. 4. Several judgments.
In an action against several defendants,
the court may, when a several judgment is
proper, render judgment against one or
more of them, leaving the action to
proceed against the others.
As a rule for one case= one decision.
-there are instances that court may render
several decision
Example: Expropriation cases.
Sec. 5. Separate judgments.
When more than one claim for relief is
presented in an action, the court, at any
stage, upon a determination of the issues
material to a particular claim and all
counterclaims arising out of the
transaction or occurrence which is the
subject matter of the claim, may render a
separate judgment disposing of such
claim. The judgment shall terminate the
action with respect to the claim so
disposed of and the action shall proceed
as to the remaining claims. In case a
separate judgment is rendered, the court
by order may stay its enforcement until
the rendition of a subsequent judgment or
judgments and may prescribe such
conditions as may be necessary to secure
the benefit thereof to the party in whose
favor the judgment is rendered.
Joinder of causes of action- 2 or more
causes of action joined in one complaint.
If the court can validly render judgment
over a cause of action which is joint, court
should render a separate judgment.
Sec. 6. Judgment against entity without
juridical personality.
When judgment is rendered against two
or more persons sued as an entity without
juridical personality, the judgment shall set
out their individual or proper names, if
known.
Remedies against the decision or final
order before the finality:
1. Motion for Reconsideration (first aid)
2. Motion for New Trial
3. Appeal
4. Motion for Reopening of Trial
Remedies after finality:
1. Petition for Relief of Judgment or Final
Order
2. Petition for Annulment of Judgment
3. Petition for Certiorari
RULE 37
NEW TRIAL OR RECONSIDERATION
Section 1. Grounds of and period for filing
motion for new trial or reconsideration.
Within the period for taking an appeal, the
aggrieved party may move the trial court
to set aside the judgment or final order
and grant a new trial for one or more of
the following causes materially affecting
the substantial rights of said party:
(a) Fraud, accident, mistake or excusable
negligence which ordinary prudence could
not have guarded against and by reason of
which such aggrieved party has probably
been impaired in his rights; or
(b) Newly discovered evidence, which he
could not, with reasonable diligence, have
discovered and produced at the trial, and
which if presented would probably alter
the result.
Within the same period, the aggrieved
party may also move for reconsideration
upon the grounds that the damages
awarded are excessive, that the evidence
is insufficient to justify the decision or final
order, or that the decision or final order is
contrary to law.
-You remember FAME?
It must be:
1. The motion must be verified,
2. The facts constituting FAME must
be set out or alleged in the motion
3. The facts constituting meritorious
defense must be allege in the
motion as well as in the affidavit of
merits
4. Accompanied by affidavit of merits-
affidavit that would allege facts
constituting fraud, accident,
mistake and excusable negligence
and the facts constituting
meritorious defense or meritorious
cause of action
The fraud here must be extrinsic
fraud.
TAKE NOTE:
There are two kinds of fraud, intrinsic and
extrinsic fraud.
Extrinsic fraud is a kind of fraud that
prevented the aggrieved party from
presenting his case fully before the court.
Example, the plaintiff fraudulently
informed him that there is no trial, or that
it would be alright that he would not
attend in court because they have already
agreed as to payment. Any
misrepresentation or deceitful acts that
prevented him to present his case fully, is
extrinsic fraud.
Anything which would not prevent the
party to present his case fully is intrinsic
fraud which cannot be a ground for new
trial.
Example of intrinsic fraud is a presentation
of a false witness because presentation of
false witness will not prevent you.
Then accident. This is like a fortuitous
event that prevented the aggrieved party
from presenting his case.
Example, you failed to appear before the
trial because you suffer hypertension or
heart attack.
If plaintiff – case dismissed
If defendant – plaintiff allowed to present
evidence ex parte
Mistake. This is on the part of the
aggrieved party. Example, he believed that
there is no need for him to go to court
because they have already agreed with
the plaintiff, or that they have already
come out settlement.
Remedy if there is no decision yet? Motion
to set aside default order
If there is decision already? Motion for
new trial
Note: Mistake of counsel is binding upon
the client.
Excusable Negligence. This is on the part
of the aggrieved party. This is a case to
case basis.
-For example your secretary fail to file on
time
- For newly discovered evidence, this is
not forgotten evidence. This is discovered
only after trial or after presentation of
evidence. Example, material witness. This
is an evidence that would change or alter
the result. This should not be merely
corroborative. Affidavit of merit not
required.
Requisites of newly discovered evidence:
1. Evidence discovered only after trial
or presentation of evidence
2. Could not have been discovered on
the trial despite reasonable
diligence
3. If presented the evidence would
probably alter the result of the
case, evidence must be material
such that if presented the decision
of the court might be changed.
Motion for Reconsideration –
If you have not yet decide what to do after
rendition of judgment, file MR. But you
think your MR is impractical, then just file
an Appeal. Don’t waste you client’s
money.
Q: What are the grounds for MR?
A: 1. erroneous appreciation of facts or
erroneous application of law or both
2.the damages awarded are excessive
3. that the evidence is insufficient to justify
the decision or final order
4. 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 made in writing
stating the ground or grounds therefor, a
written notice of which shall be served by
the movant on the adverse party.
A motion for new trial shall be proved in
the manner provided for proof of motions.
A motion for the cause mentioned in
paragraph (a) of the preceding section
shall be supported by affidavits of merits
which may be rebutted by affidavits. A
motion for the cause mentioned in
paragraph (b) shall be supported by
affidavits of the witnesses by whom such
evidence is expected to be given, or by
duly authenticated documents which are
proposed to be introduced in evidence.
A motion for reconsideration shall 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, making express
reference to the testimonial or
documentary evidence or to the
provisions of law alleged to be contrary to
such findings or conclusions.
A pro forma motion for new trial or
reconsideration shall not toll the
reglementary period of appeal.
- What are the contents of MNT? Take
note rule 15. It must be set for hearing,
must contain notice of hearing. It must be
supported of affidavits. In case for newly
discovered evidence, you include the
affidavit of newly discovered witness or
documents. Otherwise your motion shall
be denied.
- For MR, aside from complying the forms,
it must point out specifically the erroneous
conclusion of facts or law as well as the
basis. In MR you are asking the court to re-
examine the records. You are asking the
court to look again the evidence.
- What do you mean for pro-forma MR or
MNT?
If your motion does not comply with those
requirements above, that motion is
considered pro forma. A pro forma
motion does not stop the running of
reglementary period.
Remember the Neypes Rule. The Fresh
Period Rule, if the motion is not pro forma,
will give the aggrieved party a fresh period
of 15 or 30 days (record on appeal) to file
appeal.
You remember that a motion need be
verified but a motion for new trial must be
verified.
Sec. 3. Action upon motion for new trial
or reconsideration.
The trial court may set aside the judgment
or final order and grant a new trial, upon
such terms as may be just, or may deny
the motion. 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
judgment or final order accordingly.
In MNT, if motion granted, then a trial
shall proceed and allow to present
evidence. In MR, if the court is convinced,
the court may set aside or amend the
decision or final order. Motion shall be
resolved within 30 days.
A party may file a second motion for new
trial but the grounds must be different
from that of the first MNT. BUT as regards
MR, there is NO second MR. A Second MR
is allowed only in SC with prior permission
from the SC. SO, in lower courts, no
second MR is allowed!
Sec. 4. Resolution of motion.
A motion for new trial or reconsideration
shall be resolved within thirty (30) days
from the time it is submitted for
resolution.
Sec. 5. Second motion for new trial.
A motion for new trial shall include all
grounds then available and those not so
included shall be deemed waived. A
second motion for new trial, based on a
ground not 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.
No party shall be allowed a second motion
for reconsideration of a judgment or final
order.
Note: a second MR for interlocutory order
is allowed
Sec. 6. Effect of granting of motion for
new trial.
If a new trial is granted in accordance with
the provisions of this Rule, the original
judgment or final order shall be vacated,
and the action shall stand for trial de
novo; but the recorded evidence taken
upon the former trial, in so far as the same
is material and competent to establish the
issues, shall be used at the new trial
without retaking the same.
Sec.7. Partial new trial or reconsideration.
If the grounds for a motion under this Rule
appear to the court to affect the issues as
to only a part, or less than all of the matter
in controversy, or only one, or less than all,
of the parties to it, the court may order a
new trial or grant reconsideration as to
such issues if severable without interfering
with the judgment or final order upon the
rest.
Sec. 8. Effect of order for partial new trial.
When less than all of the issues are
ordered retried, the court may either
enter a judgment or final order as to the
rest, or stay the enforcement of such
judgment or final order until after the new
trial.
Sec. 9. Remedy against order denying a
motion for new trial or reconsideration.
An order denying a motion for new trial or
reconsideration is not appealable, the
remedy being an appeal from the
judgment or final order.
SKIP Rule 38, 39. JUMP TO RULE 40-45
Another post judgment remedy- Appeal
-should be filed within the 15day period
(note uniform Rule 40-45, except when
record on appeal is required, which is 30
days) after receiving the final judgment or
order.
OVERVIEW OF APPEALS
From the MTC, the decision is appealable
to the RTC that has jurisdiction over the
place. The mode of appeal is ordinary
appeal.
An ordinary appeal is done by mere filing
of a notice of appeal with the MTC that
renders the decision.
Once the decision of MTC is appealed to
the RTC, the MTC as the trial court, the
RTC as the appellate court, the RTC now
will review and render another decision.
The RTC may reverse the decision of MTC
or affirm in toto. The appeal from MTC to
RTC is both or either question of law or
facts. (RULE 40)
The decision of RTC is appealable to the
CA. The mode of appeal is petition for
review. (RULE 42)
When we say question of law, the
question is what law shall be applied. In
question of facts, the question is like,
whether the witness was telling the truth
or not. Or is this document valid or not. So
the issue in question of facts refers to the
admissibility of evidence.
MTC to RTC via NOTICE OF APPEAL Rule
40
-Where filed: MTC
-Grounds: questions of law, facts or both
RTC (in the exercise of its appellate
jurisdiction) to CA via PETITION FOR
REVIEW rule 42
-Where filed: CA
-Grounds: questions of law, facts or both
-RTC in the exercise of its appellate
jurisdiction directly to SC on pure
questions of law: NOT ALLOWED
-Allowed only if RTC is exercising in its
original jurisdiction.
FROM RTC (in the exercise of its appellate
jurisdiction) to CA
Mode: Petition for Review under Rule 42
The questions maybe raised are either
question of law or facts or both.
The CA now will have to re examined the
records, the evidence, and the applicable
laws and will render its own decision.
CA to SC via PETITION FOR REVIEW ON
CERTIORARI under rule 45
-Where filed: SC
-Grounds: pure questions of law
Exception, in criminal case, when CA
imposes life sentence or reclusion
perpetua.
From RTC (in the exercise of its original
jurisdiction) to CA
Mode: ordinary appeal by filling a NOTICE
OF APPEAL rule 41
Or
In cases where multiple appeals are
allowed:
RECORD ON APPEAL
Where filed: RTC
Grounds: question of law, facts or both
Note: if pure questions of law, directly to
Supreme Court, Petition for Review on
Certiorari under Rule 45
Q: What is a record on appeal?
A: record on appeal is required in cases
where multiple appeals are allowed.
As a general rule: interlocutory orders are
not appealable.
FROM CA TO SC
Where filed: SC
Mode: PETITION FOR REVIEW ON
CERTIORARI rule 45
Grounds: pure question of law
Q: can there be a direct appeal from RTC
to SC?
A: yes through PETITION FOR REVIEW ON
CERTIORARI under rule 45
Raising pure questions of law
TN: direct recourse to SC from RTC is only
available when the RTC is exercising its
ORIGINAL jurisdiction
Take Note: in Land registration cases, the
decision of the MTC appeal to the CA by
an Ordinary Appeal.
Reason: MTC is exercising delegated
jurisdiction, supposedly with the RTC.
In election protest cases, the decision of
the MTC appealed to the Comelec.
What do you mean by Harmless Error
Rule?
-it means that the appellate court will just
overlooked the errors committed by the
trial court in admitting evidence if such
errors in admission of evidence do not
affect the substantial rights of the
aggrieved party or if the aggrieved party is
not prejudiced. PEOPLE OF THE
PHILIPPINES vs. CLAUDIO TEEHANKEE,
JR., G.R. Nos. 111206-08 October 6, 1995
RULE 40
APPEAL FROM MUNICIPAL TRIAL COURTS
TO THE REGIONAL TRIAL COURTS
Section 1. Where to appeal.
An appeal from a judgment or final order
of a Municipal Trial Court may be taken to
the Regional Trial Court exercising
jurisdiction over the area to which the
former pertains. The title of the case shall
remain as it was in the court of origin, but
the party appealing the case shall be
further referred to as the appellant and
the adverse party as the appellee.
The RTC must be exercising jurisdiction
over the area.
If MTC Cebu City, file on RTC Cebu City.
File notice of appeal in MTC not RTC.
There was one case, instead of filing
notice of appeal with the MTC which
renders the judgment, he filed his appeal
in the RTC so the effect was that the
judgment became final and executory.
-If the defendant appeals the case, he is
referred to as
JUAN DELA CRUZ, defendant – appellant
-And the plaintiff shall be referred to as
JUANA DELA CRUZ, plaintiff – appellee
Q: what if both the parties appealed? Is it
allowed?
A: yes
Q: how will they be referred to?
A: they will be both called appellants
Example:
JUAN DELA CRUZ, defendant – appellant
And the plaintiff shall be referred to as
JUANA DELA CRUZ, plaintiff – appellant
When both parties appeal, this is what we
call as “CROSS APPEAL”
Sec. 2. When to appeal.
An appeal may be taken within fifteen (15)
days after notice to the appellant of the
judgment or final order appealed from.
Where a record on appeal is required, the
appellant shall file a notice of appeal and a
record on appeal within thirty (30) days
after notice of the judgment or final order.
The period of appeal shall be interrupted
by a timely motion for new trial or
reconsideration. No motion for extension
of time to file a motion for new trial or
reconsideration shall be allowed.
Take note the filing of appeal within the
reglementary period is mandatory and
jurisdictional, if filed outside the
reglementary period, dismissed.
SC: right to appeal is not a natural right or
a 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. SPOUSES
VALENTIN ORTIZ AND CAMILLA MILAN
ORTIZ vs. COURT OF APPEALS and
SPOUSES FRANCISCO AND BERNARDINA
RODRIGUEZ, G.R. No. 127393 December 4,
1998
SC: The perfection of an appeal in the
manner and within the period prescribed
by law is not only mandatory but
jurisdictional upon the court a quo, and
the failure to perfect that appeal renders
its judgment final and executory.MANILA
MEMORIAL PARK CEMETERY, INC.bv. THE
COURT OF APPEALS, BERNARDO,
DOMINADOR, HERMOGENA LUCIA, and
MARIA GATCHALIAN, and the HEIRS OF
GREGORIO GATCHALIAN: ROLANDO,
CONRADO and ARTURO, all surnamed
GATCHALIAN, G.R. No. 137122. November
15, 2000.
SC: The general rule is that the remedy to
obtain reversal or modification of a
judgment on the merits is appeal. This is
true even if the error ascribed to the court
which rendered judgment is its lack of
jurisdiction over the subject matter, or the
exercise of power in excess thereof, or
grave abuse of discretion in the findings of
fact or of law set out in the decision. HRS.
OF SPS. LUCIANO and CONSOLACION
VENTURILLO, Represented by ROWENA B.
VENTURILLO-SUCALDITO vs. HON. JESUS
V. QUITAIN, Presiding Judge, RTC-Br. 15,
11th Judicial Region, Davao City and ENG'R.
MEINRADO R. METRAN, City Engineer and
Building Official of The City of Davao, G.R.
No. 157972 October 30, 2006
SC: 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. Neypes vs
CA G.R. No. 141524 September 14, 2005
General Rule: The 15 day period is non
extendible.
But there cases that the SC allowed the
extension of filing a notice of appeal.
Q: How are you going to appeal?
A: The appeal is taken by filing a notice of
appeal with the court that rendered the
judgment or final order appealed from.
The notice of appeal shall indicate the
parties to the appeal, the judgment or
final order or part thereof appealed from,
and state the material dates showing the
timeliness of the appeal.
TAKE NOTE:
-This is not motion but a mere NOTICE
-The trial court cannot deny the appeal.
-The material date must be stated.
Q: What is this material date all about?
A: Stating the date when the decision
appealed from was received and the
expiration of the date when to appeal.
The filling fee or docket fees must also be
paid within the period of taking an appeal.
-Non payment of docket fees is
jurisdictional; it may result to the dismissal
of the appeal.
-The trial court upon receipt of the notice
of appeal will issue an order that it is
giving due course to the appeal and
require the clerk of court to forward the
entire records, together with the
transcript, stenographic notes and all
exhibits to the RTC within 15 days from the
issuance of the order.
Q: What will happen if the docket fees are
not paid?
A: Dismiss
-In appeals from MTC to RTC, the RTC has
discretion to allow late payment of docket
fees of the appeal
-In the CA and SC, they are very strict on
the non payment of docket fees, non
payment – dismiss
Sec. 3. How to appeal.
The appeal is taken by filing a notice of
appeal with the court that rendered the
judgment or final order appealed from.
The notice of appeal shall indicate the
parties to the appeal, the judgment or
final order or part thereof appealed from,
and state the material dates showing the
timeliness of the appeal.
A record on appeal shall be required only
in special proceedings and in other cases
of multiple or separate appeals.
The form and contents of the record on
appeal shall be as provided in section 6,
Rule 41.
Copies of the notice of appeal, and the
record on appeal where required, shall be
served on the adverse party.
Material Dates – the date when the
appellant a copy of decision or final order
of the court.
Record on appeal – the records of the case
in the trial court which shall be a certified
true copy; required only when there are
interlocutory orders
As a rule, interlocutory orders cannot be
subject to appeal. But some instances it
can be subject to appeal such as in special
proceedings or multiple appeals are
allowed.
For example, allowing probate of wills, is
an interlocutory order, because the court
will still hear the case, like intrinsic validity,
that’s why record on appeal is required,
record of the case in the trial court
prepared and filed by the party filing 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. 5. Appellate court docket and other
lawful fees.
Within the period for taking an appeal, the
appellant shall pay to the clerk of the
court which rendered the judgment or
final order appealed from the full amount
of the appellate court docket and other
lawful fees. Proof of payment thereof shall
be transmitted to the appellate court
together with the original record or the
record on appeal, as the case may be.
Sec. 6. Duty of the clerk of court.
Within fifteen (15) days from the
perfection of the appeal, the clerk of court
or the branch clerk of court of the lower
court shall transmit the original record or
the record on appeal, together with the
transcripts and exhibits, which he shall
certify as complete, to the proper
Regional Trial Court. A copy of his letter of
transmittal of the records to the appellate
court shall be furnished the parties.
Sec. 7. Procedure in the Regional Trial
Court.
(a) upon receipt of the complete record or
the record on appeal, 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 shall be
furnished by him to the adverse party.
Within fifteen (15) days from receipt of the
appellant’s memorandum, the appellee
may file his memorandum. Failure of the
appellant to file a memorandum shall be a
ground for dismissal of the appeal.
(c) Upon the filing of the memorandum of
the appellee, or the expiration of the
period to do so, the case shall be
considered submitted for decision. The
Regional Trial Court shall decide the case
on the basis of the entire record of the
proceedings had in the court of origin and
such memoranda as are filed.
The clerk of court of the RTC now requires
the transmission of the records from MTC
to RTC and upon receipt of the entire
records, the clerk of court will notify the
parties.
The court will issue a notice to submit
memorandum.
The date of the notice from the clerk of
court notifying the parties that the clerk of
court received the records is very
important because it is the reckoning date
of period when to file a memorandum.
Failure of the appellant to file a
memorandum is a ground for dismissal.
Q: What is memorandum?
A: this is the argument of a party pointing
the error of the MTC.
Meaning assignment of errors, if the
appellant fails to assigned errors will lead
to the dismissal of the appeal
Q: Period to file memorandum?
A: Within 15 days
It is not mandatory for the appellee to
submit his memorandum.
The case is now ready for submission for
decision
Note: appellant’s memorandum is
mandatory but appellee’s memorandum is
not.

Sec. 8. Appeal from orders dismissing

case without trial; lack of jurisdiction.
If an appeal is taken from an order of the
lower court dismissing the case without a
trial on the merits, the Regional Trial Court
may affirm or reverse it, as the case may
be. In case of affirmance and the ground
of dismissal is lack of jurisdiction over the
subject matter, the Regional Trial Court, if
it has jurisdiction thereover, shall try the
case on the merits as if the case was
originally filed with it. In case of reversal,
the case shall be remanded for further
proceedings.
If the case was tried on the merits by the
lower court without jurisdiction over the
subject matter, 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
preceding section, without prejudice to
the admission of amended pleadings and
additional evidence in the interest of
justice.

Sec. 9. Applicability of Rule 41.

The other provisions of Rule 41 shall apply

to appeals provided for herein insofar as
they are not inconsistent with or may
serve to supplement the provisions of this
Rule.