POST-JUDGMENT
REMEDIES
Remedies BEFORE finality of
judgment
1. Motion for new trial [Rule 37]
2. Motion for reconsideration
[Rule 37]
3. Appeal [Rules 40-45]
Remedies AFTER finality of
judgment
1. Petition for Relief [Rule 38]
2. Action to Annul Judgment
[Rule 47]
3. Certiorari
4. Collateral Attack of a
Judgment that is Void on its
Face
 BEFORE
Remedy when motion is denied, fresh 15-day period
Fresh Period Rule or Neypes Rule
Apply to Rules 40, 41, 42, 43 and 45 and in Section 6 of Rule 122.
To standardize the appeal periods provided in the Rules and to afford litigants fair
NOTE: The period is 30 days if record on appeal is required.
opportunity to appeal their cases, the Court deems it practical to allow a fresh period
The fresh period does NOT refer to the period within which to appeal from the order denying
of 15 days within which to file the notice of appeal, counted from the receipt of the
the motion for reconsideration BUT to the period within which to appeal from the
order dismissing a motion for new trial or motion for reconsideration.
judgment itself because an order denying a motion for reconsideration is not appealable.

MNT MR
Grounds 1. Extrinsic fraud, accident, mistake or excusable negligence (FAME) which 1. The damages awarded are excessive;
ordinary prudence could not have guarded against and by reason of which 2. The evidence is insufficient to satisfy the decision or final order;
the rights of the aggrieved party were impaired; or or
2. Newly discovered evidence, which could not with reasonable diligence, 3. The decision or final order is contrary to law.
have been discovered and produced at the trial, and which if presented,
would probably alter the result.
Requisites 1. They shall be in writing, stating the ground or grounds therefore, a written 1. They shall be in writing, stating the ground or grounds
notice of which shall be served by the movant on the adverse party therefore, a written notice of which shall be served by the movant
2. Affidavit of merit setting forth the particular facts claimed to constitute a on the adverse party
meritorious cause of action in case the ground relied upon is FAME; 2. Must point out specifically the conclusion of judgment; 3.
3. In case of newly discovered evidence: a. Affidavit of new witnesses; and Express reference to testimonial or documentary evidence or to
b. Duly authenticated documents to be introduced. provisions of law.
NOTE: The requirements are mandatory and non-compliance therewith is fatal and
renders the motion pro forma or a mere scrap of paper and will not toll the
reglementary period for appeal.
When to file Within the period for taking an appeal. This is within 15 days (or 30 days if a record on appeal is required) after receipt of notice to the appellant
of the judgment or final order appealed from.
Limitations Second motion may be allowed so long as based on grounds not existing or GR: Single motion rule No party shall be allowed a second motion
available at the time the first motion was made for reconsideration of a judgment or final order. (Sec. 5, Rule 37)
XPN: The SC may allow a second MR in the higher interest of
justice by the Court en banc upon a vote of at least 2/3 of its
actual membership. There is reconsideration “in the higher
interest of justice” when the assailed decision is not only legally
erroneous, but is likewise patently unjust and potentially capable
of causing unwarranted and irremediable injury or damage to the
parties.
A second motion for reconsideration can only be entertained before the ruling
sought to be reconsidered becomes final by operation of law or by the Court’s
declaration. In the Division, a vote of three Members shall be required to elevate
a second motion for reconsideration to the Court En Banc.
Where to file With the trial court which rendered the questioned judgment With the trial court which rendered the questioned judgment or
final order sought to be reconsidered
Resolution Both must be resolved within 30 days from the time it is submitted for resolution
 NOTICE OF APPEAL
Appeal is made by filing a notice of appeal with the court which
rendered the judgment/final order appealed from & serving a copy
thereof upon the adverse party. Period of appeal is 15 days.
QUESTIONS OF FACT, OR LAW, OR BOTH
1) Rule 40 - Appeal from MTC to RTC
• Notice of Appeal filed with the MTC and payment of
fees
2) Rule 41 - Appeal from RTC (exercising original
jurisdiction) to CA
• Notice of Appeal filed with the RTC and payment of
fees
3) Rule 42 - Appeal from RTC (exercising appellate
jurisdiction) to CA
• Petition for Review filed with RTC with payment of
fees
4) Rule 43 - Appeal from QJA to CA
• Petition for Review filed with CA with payment of
fees
ORDINARY APPEAL
1. Ordinary Appeal under Rule 40 – from MTC to RTC
a. Notice on appeal – 15-day period
b. Record on appeal – 30-day period
Issues to be raised: Questions of fact or of law or mixed
questions of fact and law.
2. Ordinary Appeal under Rule 41 – from RTC in the
exercise of its original jurisdiction to CA
a. Notice on appeal – 15-day period
b. Record on appeal – 30-day period
Issues to be raised: Questions of fact or of law or mixed
question of fact and law that has been raised in the court
below and is within the issues framed by the parties.
APPEALS IN CIVIL PROCEDURE:
RECORD ON APPEAL
MODES OF APPEAL FROM Required only in Special Proceedings and other cases of multiple
JUDGMENTS OR FINAL ORDERS OF or separate appeals. Period of appeal is 30 days.
VARIOUS COURTS/TRIBUNALS
MODE OF APPEAL & ISSUES TO BE RAISED
QUESTION OF LAW only
Rule 45 - Appeal from CA, CTA en banc, Sandiganbayan, and RTC, on pure questions of law Petition for Review
on Certiorari filed with the SC with payment of fees.
GR: Pure questions of law Exceptions based on SC Circulars:
(a) Writ of Amparo
(b) Writ of Habeas Data
(c) Writ of Kalikasan
(d) Writ of Habeas Corpus
(e) Criminal cases by notice of appeal (Death, Life, Reclusion Perpetua)
XPNs:
(a) When the factual findings of the Court of Appeals and the trial court are contradictory; (2) when the conclusion is a
finding grounded entirely on speculation, surmises, or conjectures;
(b) When the conclusion is a finding grounded entirely on speculation, surmises, or conjectures;
(c) When the inference made by the Court of Appeals from its findings of fact is manifestly mistaken, absurd, or impossible;
(d) When there is a grave abuse of discretion in the appreciation of facts;
(e) When the Appellate Court, in making its findings, went beyond the issues of the case and such findings are contrary to
the admissions of both appellant and appellee;
(f) When the judgment of the Court of Appeals is premised on a misapprehension of facts;
(g) When the Court of Appeals failed to notice certain relevant facts which, if properly considered, would justify a different
conclusion;
(h) When the findings of fact are themselves conflicting;
(i) When the findings of fact are conclusions without citation of the specific evidence on which they are based;
(j) When the findings of fact of the Court of Appeals are premised on the absence of evidence but the evidence on record
contradicts such findings.
PETITION FOR REVIEW PETITION FOR REVIEW ON CERTIORARI
1. Petition for review under Rule 42 – Appeal by certiorari under Rule 45
RTC in its appellate jurisdiction to CA; 1. RTC to SC (Sec. 2(c), Rule 41) – questions of law
Issues to be raised: Questions of fact, 2. CA to SC (Sec. 1, Rule 45) – questions of law
of law, or mixed questions of fact and 3. Sandiganbayan to SC (Sec. 1, Rule 45) – questions of law
law. 4. CTA en banc to – questions of law
5. Appeals from a judgment or final order in a petition for
2. Petition for review under Rule 43 – petition for a writ of amparo to the SC – questions of fact & law
Quasi-judicial bodies to CA. 6. Appeals from a judgment or final order in a petition for a writ
Issues to be raised: Questions of fact, of Habeas Data – questions of fact & law
of law, or mixed questions of fact and 7. Appeals from judgment or final order in a petition for writ of
law Kalikasan – questions of fact & law
 AFTER
Definition, Grounds, Who May File, Where to File, Time to file petition, Relief Sought
PETITION FOR RELIEF FROM JUDGMENT (RULE 38)
It is a legal remedy whereby a party seeks to set aside a judgment rendered against
him by a court whenever he was unjustly deprived of a hearing or was prevented from
taking an appeal because of fraud, accident, mistake or excusable neglect.
It is an equitable remedy that is allowed only in exceptional cases when there is no
other available or adequate remedy.
1. When a judgment or final order is entered into, or any other proceeding is
thereafter taken against the petitioner in any court through fraud, accident, mistake
or excusable negligence;
2. When the petitioner has been prevented from taking an appeal by fraud, accident,
mistake or excusable negligence.
Petition for Relief from judgment is a remedy available ONLY to those PARTIES in
the case.
Note: A party who has filed a motion for new trial but which was denied, CANNOT file
a petition for relief. These two remedies are to be EXCLUSIVE of each other. The
remedy is to appeal from the judgment.
It shall be filed in such court and in the same case from which the petition arose. (
The petition shall be filed within sixty (60) days after the petitioner learns of the
judgment, final order or proceeding, and NOT more than six (6) months after such
judgment or final order was entered, or such proceeding was taken.
It shall pray that the judgment, order or proceedings be set aside OR that the appeal
be given due course.
ANNULMENTS OF JUDGMENT BY THE COURT OF APPEALS (RULE 47)
It is a remedy in law independent of the case where the judgment sought to be
annulled was rendered.
Like a petition for relief, an action for annulment of a judgment is a recourse
equitable in character, allowed only in exceptional cases where there is no
available adequate remedy.
1. Extrinsic fraud - fraudulent act committed outside of the trial, where the
defeated party was prevented from presenting fully side of the case.
2. Lack of jurisdiction - over the person OR over the subject matter
3. Denial of due process - unconstitutional deprivation of property without due
process, or a party has not had his day in court
An action for annulment can be filed by one who was not a party to the action in
which the assailed judgment was rendered. It is a remedy in law independent of
the case where the judgment sought to be annulled is promulgated.
CA – over decisions of the RTC;
RTC – over decisions of the MTC
Note: Never SC over decisions of the CA
1. If based on extrinsic fraud, the action must be filed within 4 years from its
discovery.
2. If based on lack of jurisdiction, the action must be brought before the action is
barred by laches or estoppels.
The remedy of annulment of judgment is for the purpose of annulling a decision in
a case.

RULE 65 AS A REMEDY FROM JUDGMENT

COLLATERAL ATTACK ON JUDGMENTS,
WHEN PROPER
A collateral attack is made when, in another
action to obtain a different relief, an attack
on the judgment is made as an incident in
said action. This is proper only when the
judgment, on its face, is null and void, as
where it is patent that the court which
rendered said judgment has no jurisdiction.
A special civil action for certiorari under Rule 65 lies only when there is no appeal or any
plain, speedy and adequate remedy in the ordinary course of law. Thus, certiorari
cannot be allowed when a party to a case fails to appeal a judgment despite the availability
of that remedy. Certiorari is not a substitute for a lost appeal.
The remedies of appeal and certiorari are mutually exclusive and not alternative or
successive. Although it is true that the SC may treat a petition for certiorari (under Rule 65)
as having been filed under Rule 45 to serve the higher interest of justice, it cannot be
availed of when the petition is filed well beyond the reglementary period for filing a petition
for review (under Rule 45) and without offering any reason therefor.
 Certiorari as a Mode of Appeal (Rule 45) v. Certiorari as an Original Special Civil Action (Rule 65)
APPEAL BY CERTIORARI (RULE 45) CERTIORARI AS AN ORIGINAL ACTION (RULE 65)
Petition based on questions of law only which the appellant desires the appellate Petition raises the issue as to whether the lower court acted without or in excess of
court to resolve (if case originated from RTC – direct filing with SC) jurisdiction or with grave abuse of discretion
Involves review of the judgment, award or final order on the merits May be directed against an interlocutory order of the court prior to appeal from the
judgment or where there is no appeal or any other plain, speedy or adequate
remedy
Must be made within the reglementary period for appeal May be filed not later than 60 days from notice of the judgment, order or resolution
sought to be assailed, or 60 days from receipt of denial of a motion for
reconsideration. Note that, as a general rule, before a party can file a petition for
certiorari under Rule 65, he/she must first file a motion for reconsideration with the
lower court.
Stays the judgment, award or order appealed from Does not stay the challenged proceeding unless a writ of preliminary injunction or a
temporary restraining order shall have been issued by the higher court
The petitioner and respondent are the original parties to the action, and the lower The parties are the aggrieved party (petitioner) against the lower court or quasi-
court or quasi-judicial agency is not to be impleaded judicial agency (public respondent) and the prevailing party in the lower court
(private respondent)
The prior filing of a motion for reconsideration is not required A motion for reconsideration is, as a general rule, a condition precedent. The
purpose is to give the lower court an opportunity to correct itself
The appellate court is in the exercise of its appellate jurisdiction and power of The higher court exercises original jurisdiction under its power of control and
review supervision over the proceeding of lower courts

Questions of Law in Rule 45 Petition; Exception

Questions of Law in Rule 45
XPNs under Jurisprudence:
Petition; Exception
(a) When the factual findings of the Court of Appeals and the trial court are contradictory; Instances when the
GR: Only QUESTIONS OF LAW may
(b) When the conclusion is a finding grounded entirely on speculation, surmises, or conjectures; Supreme Court may
be raised in a petition for review
(c) When the inference made by the Court of Appeals from its findings of fact is manifestly mistaken, deny motu proprio a
under Rule 45 of the Rules of Court.
absurd, or impossible; petition for appeal by
XPNs: QUESTIONS OF LAW AND
(d) When there is a grave abuse of discretion in the appreciation of facts; certiorari
FACT may be determined, in the
(e) When the Appellate Court, in making its findings, went beyond the issues of the case and such 1. The appeal is
following instances:
findings are contrary to the admissions of both appellant and appellee; without merit.
XPNs under the SC Circulars:
(f) When the judgment of the Court of Appeals is premised on a misapprehension of facts; 2. Prosecuted
1. Appeals from Habeas Data cases
(g) When the Court of Appeals failed to notice certain relevant facts which, if properly considered, manifestly for delay.
2. Appeals from Amparo cases
would justify a different conclusion; 3. The questions
3. Appeals from Kalikasan cases
(h) When the findings of fact are themselves conflicting; raised are too
4. Appeals from Habeas Corpus
(i) When the findings of fact are conclusions without citation of the specific evidence on which they are unsubstantial to
cases
based; require consideration.
5. Criminal cases by notice of appeal
(j) When the findings of fact of the Court of Appeals are premised on the absence of evidence but
such findings are contradicted by the evidence on record.
 Remedies and When to File
REMEDY PERIOD
Rule 37 - 15 days or 30 days (if record on appeal is required) from notice of final judgment or final order
MR/MNT - No extension allowed
- 2nd MR not allowed
Rule 38 - Within 60 days after knowledge but not more than 6 months after entry of judgment (date of finality)
Petition for Relief from - Non-extendible; uninterrupted
Judgment
Rule 40 - 15 days or 30 days (if record on appeal is required) from notice of final judgment or final order
Appeal from MTC to RT - Full payment of appeal fees within the period to appeal
- Non-extendible, but MR/MNT will trigger fresh period from receipt of order of denial
Rule 41 - GR: 15 days or 30 days (if record on appeal is required) from notice of final judgment or final order
Appeal from RTC - EXC: 48 hours for habeas corpus cases
(original) to CA - Full payment of appeal fees within the period to appeal
- Non-extendible, but MR/MNT will trigger fresh period from receipt of order of denial
Rule 42 - 15 days from notice of decision
Petition for Review - Extendible for 15 days upon proper motion and payment of the full amount of docket and other lawful fees and deposit for costs before the
from RTC (appellate) to expiration of the reglementary period
CA - Extendible for another 15 days for the most compelling reasons
Rule 43 - 15 days from notice of the award, judgment, final order or resolution, or from the date of its last publication, if publication is required by law
Appeals from QJA to for its effectivity, or of the denial of petitioner's motion for new trial or reconsideration duly filed in accordance with the governing law of the
CA court or agency a quo
- Only one (1) motion for reconsideration shall be allowed
- Extendible for another 15 days for the most compelling reasons with full payment of docket fees
Rule 45 - 15 days from notice of the judgment or final order or resolution appealed from, or of the denial of the petitioner's motion for new trial or
Appeal by certiorari reconsideration
from RTC, CA, CTA En - Extendible for 30 days on justifiable reasons upon motion duly filed and served, with full payment of the docket and other lawful fees and
Banc, on pure the deposit for costs before the expiration of the reglementary period
questions of law, to the
SC
Rule 47 - Extrinsic fraud: 4 years from discovery
Annulment of - Lack of jurisdiction: before barred by laches or estoppel
Judgments
RULE 64 - 30 days from notice of the judgment or final order or resolution sought to be reviewed.
Review of Judgments - MR or MNT, if allowed under the procedural rules of the Commission concerned, shall interrupt the period herein fixed (no fresh period!)
and Final Orders or - If the motion is denied, the aggrieved party may file the petition within the remaining period, but which shall not be less than 5 days in any
Resolutions of event, reckoned from notice of denial
COMELEC and the COA
Rule 65 - 60 days from notice of the judgment, order or resolution
Certiorari, Prohibition, - MR/MNT will trigger fresh period from receipt of order of denial
Mandamus
 Effect of appeal by the accused APPEALS IN CRIMINAL CASES: Effect of appeal by any of several accused
When the accused appeals his conviction, he waives the protection on MODES OF APPEAL FROM An appeal taken by one or more of several accused shall not affect
the prohibition against double jeopardy and runs the risk of being JUDGMENTS OR FINAL ORDERS OF those who did not appeal, except insofar as the judgment of the
sentenced to a penalty higher than that imposed by the trial court. VARIOUS COURTS/TRIBUNALS appellate court is favorable and applicable to him..

APPEAL FROM DECISION OF APPEAL TO HOW

MTC RTC Filing notice of appeal with the MTC and serving copy of notice to the adverse party
RTC (original jurisdiction) CA Filing a notice of appeal with the RTC and serving copy of notice to the adverse party
RTC (appellate jurisdiction) CA Petition for review under Rule 42
RTC (penalty imposed is reclusion CA Filing a notice of appeal with the RTC and serving copy of notice to the adverse party
perpetua or life imprisonment or where
a lesser penalty is imposed but for
offenses committed on the same
occasion or which arose out of the
same occurrence that gave rise to the
more serious offense for which death,
reclusion perpetua, or life imprisonment
is imposed)
RTC (death penalty imposed) CA Automatic review (no need for notice of appeal)
CA (imposes penalty other than death, SC Petition for review on certiorari under Rule 45
reclusion perpetua, or life imprisonment)
CA (penalty imposed is reclusion SC Filing a notice of appeal with the CA
perpetua, or life imprisonment)
CA (where the CA finds that the penalty SC Automatic review (CA shall refrain from making an entry of judgment and forthwith certify the
of death should be imposed) case and elevate its entire record to the Supreme Court for review) (Rule 124, Sec. 13)

GROUNDS FOR DISMISSAL OF APPEAL CERTIFICATION OR APPEALOF CASE TO SC

1. Failure to serve and file the required number of copies of his brief or within the time provided
by these Rules
2. Appellant escapes from prison or confinement, jumps bail, or flees to a foreign country during
the pendency of the appeal;
3. Failure of the record on appeal to show on its face that the appeal was taken within the
period fixed by the Riles
4. Failure to file the notice of appeal or the record on appeal within the period prescribed by the
Rules;
5. Failure of the appellant to pay docket and other lawful fees;
6. Unauthorized alterations, omissions, or additions in the approved record on appeal
7. Absence of specific assignment of error in the appellant’s brief, or of page references to the
record as required;
8. 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.
1. If the CA finds that the death penalty should be imposed, it shall
render judgment but refrain from making an entry of judgment and
forthwith certify the case and elevate its entire record to the SC for
review;
2. Where the judgment also imposes a lesser penalty for offenses
committed on the same occasion or which arose out of the same
occurrence that gave rise to the more severe offense for which the
penalty of death is imposed, and the accused appeals, the appeal
shall be included in the case certified for review to the SC;
3. In cases where the Court of Appeals imposes reclusion perpetua,
life imprisonment or a lesser penalty, it shall render and enter
judgment imposing such penalty. The judgment may be appealed to
the Supreme Court by notice of appeal filed with the Court of Appeals.
 APPEALS FROM THE OFFICE OF THE OMBUDSMAN
PROCEDURE IN CRIMINAL CASES
Grounds
A criminal complaint may be brought for an offense in violation
of R.A. 3019, as amended, R.A. 1379, as amended, R.A.
6713, as amended, R.A. 6713, Title VII, Chapter II, Section 2
of the Revised Penal Code, and for such other offenses
committed by public officers and employees in relation to
office.
Who may conduct preliminary investigation?
1. Ombudsman Investigators;
2. Special Prosecuting Officers;
3. Deputized Prosecutors;
4. Investigating Officials authorized by law to conduct
preliminary investigations;
5. Lawyers in the government service, so designated by the
Ombudsman
APPEAL IN ADMINISTRATIVE CASES
When does decision become final and executory
Where the respondent is absolved of the charge, and in case
of conviction where the penalty imposed is public censure or
reprimand, suspension of not more than one month, or a fine
equivalent to one month salary, the decision shall be final,
executory and unappealable.
Appeal does not stop decision from being executory
An appeal shall not stop the decision from being executory. In
case the penalty is suspension or removal and the respondent
wins such appeal, he shall be considered as having been
under preventive suspension and shall be paid the salary other
emoluments that he did not receive.
Motion for reconsideration or reinvestigation
Whenever allowable, a motion for reconsideration or
reinvestigation may only be entertained if filed within ten (10)
days from receipt of the decision or order on the basis of any
of the following grounds:
1. New evidence had been discovered which materially affects
the order, directive or decision;
2. Grave errors of facts or laws or serious irregularities have
been committed prejudicial to the interest of the movant
Only one motion for reconsideration/ reinvestigation allowed.
APPEALS FROM RESOLUTIONS OF THE OFFICE OF THE CITY PROSECUTOR
Where to appeal
For appeals from resolutions of the the Chief State Prosecutor, Regional State Prosecutors and
Provincial/City Prosecutors in cases subject of preliminary investigation or reinvestigation, an appeal
may be brought to the Secretary of Justice within the period and manner provided in this Circular.
Appeals to the Secretary of Justice
The prosecutor’s ruling is reviewable by the Secretary of Justice who has the power to reverse, modify,
or affirm the prosecutor’s determination.
Appeals from the resolution of the Secretary of Justice
As a rule, the action of the Secretary of Justice is not subject to the review of courts unless there is a
showing that he committed grave abuse of discretion in issuing the challenged resolution.
Appeal to the Office of the President
Appeals from or petition for review of decisions or resolutions of the Secretary of Justice on preliminary
investigations of criminal cases are entertained by the Office of the President under the following
conditions which have to be established as jurisdictional facts:
1. The offense involved is punishable by reclusion perpetua to death;
2. New and material issues are raised which were not previously presented before the Secretary of
Justice;
3. The prescription of offense is not due to lapse within six (6) months from notice of the questioned
resolution;
4. The appeal or petition for review is filed within thirty (30) days from notice
Appeals from the decision of the Office of the President
The appellant may file a verified petition for review with the Court of Appeals under Rule 43 in the event
of an adverse decision within fifteen (15) days from notice of the final order of the Office of the
President.
The party aggrieved by the final order or resolution of the Court of Appeals may avail of an appeal by
certiorari to the Supreme Court under Rule 45.
APPEALS FROM THE SANDIGANBAYAN
Appeals in criminal cases decided by the Sandiganbayan in its original jurisdiction
The appeal to the Supreme Court in criminal cases decided in the exercise of its original jurisdiction
shall be by notice of appeal filed with the Sandiganbayan.
Appeals in criminal cases decided by the Sandiganbayan in its appellate jurisdiction
The appeal to the Supreme Court in criminal cases decided in the exercise of its appellate jurisdiction
shall be by petition for review on certiorari under Rule 45 of the Rules of Civil Procedure.
Note: Appeals to the Sandiganbayan from a decision rendered by the RTC in the exercise of its original
jurisdiction shall be by ordinary appeal under Rules 122 and 124 of the Revised Rules of Criminal Procedure.
Note: Appeals to the Sandiganbayan from a decision of the RTC in the exercise of its appellate jurisdiction shall
be by Petition for Review under Rule 42 of the Rules of Civil Procedure.