APPEALS AND RULE 47 PROF MANNY RIGUERA

Once a trial court loses jurisdiction over the case, it can no longer act thereon except:

1. To enforce or execute the judgment or final order once it becomes final and executory.

2. To exercise residual jurisdiction under Section 9, Rule 41

Residual jurisdiction

PWICE

Protection and preservation of the parties’ rights which do not involve any matter
litigated by appeal.

Approve Compromises

Permit appeals of indigent litigants

Order Execution pending appeal in accordance with Section 2, Rule 39

Allow Withdrawal of the appeal

Trial court

No. The RTC had already lost jurisdiction of the case.

An application for damages against the replevin bond based on residual jurisdiction
cannot be ruled upon if trial court dismissed the case. Residual jurisdiction only applies
when there is an appeal.

S8 R51

No error will be considered by the appellate court unless stated in the assignment of
errors or closely related to or dependent on an assigned error.

Exceptions:

JVPC

1. Errors

2. Plain and clerical errors

3. S7c R40
Entire record of the proceedings.

WHAT MAY BE APPEALED?

1. Judgment

2. Final order that completely disposes the case

Opposite of interlocutory order= motion to dismiss

Interlocutory order is not appealable while a final order is appealable.

Special action for certiorari

3. Particular matter in the case when declared by the Rules to be appealable

E.g. Expropriation, partition, disallowing a will.

In an extrajudicial foreclosure sale, the issuance of the writ of possession to the

purchaser after consolidation is ministerial. The order is final, and appeal is the proper
remedy.

Remedy from issuance of a writ of possession in extrajudicial foreclosure under Act No.
3135 is a separate action and not appeal if the redemption period has passed.

The order dismissing a petition for extrajudicial foreclosure is not appealable. The
remedy is a petition for mandamus. (First Marbella Condominium Assoc v. Gatmaytan)

Order denying motion for leave to file third-party complaint is appealable. (Vda de
Dios v. Balagot)

SPACE ID

No appeal from:

1. Order denying a petition for relief

2. Interlocutory order

3. Order disallowing or dismissing an appeal

4. Order denying a motion to set aside a judgment by consent, confession or

compromise on the ground of vitiated consent
5. Order of execution

6. A several or separate judgment while the main case is pending unless the court
allows an appeal therefrom and

= Di pa pwede mag appeal si A pag di pa kumpleto judgment. Unless the court allows
an appeal therefrom.

A can file a special civil action for certiorari based on the separate judgment.

A can file a motion for leave to appeal. (30 days from notice of order granting leave to
file a separate appeal) Record on appeal.

Let’s wait for the entire case to be decided.

7. Order dismissing a case without prejudice

With prejudice= appeal

W/o prejudice

Not appealable

Since the OMB preventive suspension is interlocutory and thus unappealable, the
remedy is a R65 petition with the CA pursuant to the doctrine of hierarchy of courts.

Petition for certiorari yung Rule 65

However if a party has been prevented from taking an appeal by FAME the remedy is a
petition for relief under S2 R38

Case

1. P vs. D, ejectment case.

Judgment for P

2. D appeals to RTC

Dismissed due to failure to file a memorandum per S7b, R40

3. D files a petition for certiorari

CF with Ang v Grageda, 8 Jun 2006, which held that appeal under Rule 42 was proper
since from RTC in exercise of appellate jurisdiction.

In Ang v. Grageda, petitioner did not raise the issue re applicability of S1C R41 while in
Sarmiento v. Zaratan, S1C R41 was expressly cited by SC.

Remedies of Aggrieved party A

1. Wait for judgment in main/entire case, and then appeal therefrom

2. File a motion for leave to appeal, file NOA and RONA within 30 days from notice of
order granting leave.

3. File a special civil action for certiorari if GAD

DISMISSAL WITH PREJUDICE

Subject to the right of appeal, an order granting a motion to dismiss or an affirmative

defense on the ground of PURE shall bar the refiling of the same action or claim.

DWP remedy= certiorari

Cases of DWP

1. S5 R7
2. S3 R17
3. S5 R18
4. S3 R14

Bu the court may provide.

The remedy is certiorari is not appeal.

Pag dismissal with prejudice appeal.

Another remedy pag DWP is to refile the case.

Case:

R65 is remedy from order dismissing case on ground of improper venue and violation
of S5 R7. This is because the dismissal is without prejudice not being under S1 R16
United Alloy Phils. v. UCPB
When one the grounds of dismissal was Res Judicata, even if other grounds are not Res
Judicata, proper remedy is appeal not Rule 65.

Heirs of Malit v. Heirs of Malit

Periods of appeals

48 hrs.= 2 days habeas corpus

5 working days= amparo

15 days= notice of appeal

30 days = record on appeal

Neypes Rule

He has a fresh appeal period from notice of the denial of the MR or MNT

Defendant receives notice of adverse judgment on RTC on April 1

Defendant has until April 16

Certiorari

RULE 42, 43, 45

DISCRETIONARY APPEAL

MTC

RTC

CA

Heirs of Garcia v. Iba Zambales

Rule 65 is an original action.

RTC is in the exercise of original jurisdiction.

Wrong mode of appeal= dismissed

Rule 41= notice of appeal

Appeal is a matter of jurisdiction.

Manner of taking an appeal

15-15-15 (most compelling reasons)

Injunction

CIAC= dati Rule 43 questions of law

CIAC= ngayon Rule 45 sa SC

Remedy from DAR sec= Rule 43 CA (Fil Estate Properties)

Voluntary arbitrator or panel of arbitrators

MR muna within 10 days from notice of award

Pag denied R43.

Normally Rule 43 pag OMB

OMB v. Bongais

Dual role of OMB

Neypes rule not applicable to administrative appeals like HLURB. Balance lang

Rule 44

THEN

Try cases

Conduct hearings

Receive Evidence

Justifiable reasons

42 43 MCR

RULE 45 v RULE 65
JuNR FIRM

Ju= Jurisdiction

R=

M=

RULE 64
COA COMELEC

Rule 64 is conceptually appeal to the mind of Atty. Riguerra.

CSC= Rule 43

October 19 dapat

Legal questions= Rule 45

MR na timely

Doctrine of Immutability of Judgment

Rule 38 applicable to criminal cases

Replacement checks di ka makoconvict sa estafa pero bp 22

Kahit beyond kasi walang jurisdiction Duremdes

Rule 47

Jurisdiction depends.

RTC

Pag judgment nullified RTC, CA as per Sec. 9 BP 129

Injunction case

Ejectment= Possession ang issue

Issue in Accion Publiciana= Possession

Accion reivindicatoria= Ownership

Rep v. Nishina

Record on Appeal not always required in Special Proceedings