Appeals

The right to appeal is not a constitutional, natural or inherent right. It is a mere statutory
privilege. It is only available if granted by a particular statute.

Appeal vs Action for review

Appeal – Original parties are also the parties to the appeal.

Action for review – Not only the original parties but also involves the court for the action for
review.

(You have the right to appeal when there is final judgment or order)

Judgments

Judgment/Final Order – when the case has been completely disposed, it was disposed based on
the merits. (Order from the court)

Final judgment – judgment subject to appeal

Final and Executory Judgment – judgment based on the merits. The period to appeal, motion for
reconsideration, new trial, has already lapsed. (No longer subject to appeal.)

Not all judgments are subject to appeal

Judgments/Orders unappealable (Not considered final judgments)

- An order denying for petition for relief

- An interlocutory order
- An order disallowing or dismissing an appeal
- An order denying a motion to set aside a judgment by consent, confession, compromise on
the ground of fraud, mistake or any other ground vitiating consent.
- An order for execution
- A judgment or final order for against one or more parties or in separate claims,
counterclaims, cross claims and third party complaint while the main case is pending unless
the court allows an appeal there from.
- An order dismissing an action without prejudice

Final order vs Interlocutory order

Final order – one that finally disposes of a case leaving nothing more to be done by the court in
respect thereto.

- Always subject to an appeal

- It must expressly, clearly and distinctly enumerate the facts and law on which it is based
Interlocutory order – one that determines incidental matters that does not touch on the merits
of the case or put an end to the proceedings.

- Proper remedy is petition for certiorari

- Not considered a decision or judgment within the constitutional definition

What happens if you appeal from an interlocutory order?

- Improper
- Appeal can be dismissed (even if theres no objection)

Matter of Right vs Discretionary

Matter of Right – if you have validly perfected your appeal (Rule 40) (Rule 41)

Discretionary – The appellate court has the right to reject your appeal (42) (43) (45)

General Rule

If the decision is final and executor, appeal is not applicable.

Fresh Period Rule

Gives the appellant 15 days from the time of the denial of your motion for new trial or motion
for reconsideration.

Perfection of an Appeal

An appeal is perfected in the manner and within the period layed down by law.

Effect of the failure to perfect an appeal

- Your right to appeal is defeated

- The appellate court will not acquire jurisdiction over your case.

Extension

Period to appeal may be extended but is addressed to the sound discretion of the court.

How to file an appeal

- File a notice of appeal or a record of an appeal.