1. What are the grounds for the dismissal of an appeal?

 Failure of the record on appeal to show on its face that the appeal was taken
within the period fixed by these Rules;

 Failure to file the notice of appeal or the record on appeal within the period
prescribed by these Rules;

 Failure of the appellant to pay the docket and other lawful fees as provided in
section 5, Rule 40 and section 4 of Rule 41; (Bar Matter No. 803, 17 February
1998)

 Unauthorized alterations, omissions or additions in the approved record on

appeal as provided in section 4 of Rule 44;

 Failure of the appellant to serve and file the required number of copies of his
brief or memorandum within the time provided by these Rules;

 Absence of specific assignment of errors in the appellant's brief, or of page

references to the record as required in section 13, paragraphs (a), (c), (d)
and (f) of Rule 44;

 Failure of the appellant to take the necessary steps for the correction or
completion of the record within the time limited by the court in its order;

 Failure of the appellant to appear at the preliminary conference under Rule 48

or to comply with orders, circulars, or directives of the court without
justifiable cause; and

 The fact that the order or judgment appealed from is not appealable.

2. When an appeal may be withdrawn

As a matter of right – at any time before the filing of the appellee’s brief
Upon the discretion of the Court – after the filing of the appellee’s brief
“The right to appeal is not a natural right.  It is also not 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 law. Thus, one who seeks to avail of
the right to appeal must comply with the requirements of the Rules. Failure to
do so often leads to the loss of the right to appeal.” (D.M. Wenceslao and
Associations vs City of Paranaque City Assessor, G.R. No. 170728, August 31,
2011)
3. When shall a case be deemed submitted for judgment?
a. In ordinary appeals
 No hearing on the merits of the main case – upon filing of the last
pleading, brief or memorandum required by the Rules or bythe court
itself, or the expiration of the period for its filing.
 With hearing – upon the termination or upon the filing of the last pleading
or memorandum as may be required or permitted to be filed by the Court,
or the expiration of the period for its filing.
 b. In original actions and petitions for review
 Where no comment is filed, upon the expiration of the period to comment
 Where no hearing is held, upon the filinf of the last pleading required or
permitted to be filed by the court, or the expiration of the period for its
filing.
 Where a hearing on the merits of the main case is held, upon its
termination or upon the filinf of the last pleading or memorandum as may
be required or permitted to be filed by the court, or the expiration of the
period for its filing.
4. What are the grounds to reverse the decision of a lower court on the basis
of grounds other than those raised as errors on appeal?

 Grounds not assigned as errors but affecting jurisdiction over the subject matter;

 Matters not assigned as errors on appeal but are evidently plain or clerical errors
within contemplation of law;

 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
interest of justice or to avoid dispensing piecemeal justice;

 Matters not specifically assigned as errors on appeal but raised in the trial court
and are matters of record having some bearing on the issue submitted which the
parties failed to raise or which the lower court ignored;

 Matters not assigned as errors on appeal but closely related to an error assigned;
andcralawlibrary

 Matters not assigned as errors on appeal but upon which the determination of a
question properly assigned, is dependent (Aklan College Inc. vs Enero, G.R. No.
178309, January 27. 2009)

5. What evidence is necessary to become a ground for motion for new trial?

A party may file a motion for new trial on the ground of newly discovered evidence
which could not have been discovered prior to the trial in the court below.
As defined, newly-discovered evidence is evidence which could not have been
discovered prior to the trial in the court below by the exercise of due diligence and
which is of such character as would probably change the result. (Navarra vs Court of
Appeals, G.R. No. 86237 December 17, 1991)