Part Ii (Civ Pro Remedial Law) Rules 38 - 65

PART II (CIV PRO – REMEDIAL LAW) RULES 38 – 65
CONSTRUCTION
GENERAL RULE:
These Rules shall be liberally construed in order to promote their objective of securing a Just, Speedy and
Inexpensive disposition of every action and proceeding. (JSI) (2a) (RULE 1, SECTION 6)
EXCEPTIONS: (SuRF – D)
1) Service of Summons;
2) Reglementary periods;
3) Rule on Forum shopping;
4) Payment of Docket fees. (G.R. NO. 193420)
CAUSES WHICH MAY WARRANT THE SUSPENSION OF THE STRICT APPLICATION OF THE
RULES: (F – PIG – EMPLO – PIES)
1) Fraud, accident, mistake or excusable negligence Without appellant's fault;
2) most Persuasive and weighty reasons;
3) to relieve a litigant from an Injustice NOT commensurate with his failure to comply with the prescribed
procedure;
4) Good faith of the defaulting party by immediately paying within a reasonable time from the time of the default;
5) the Existence of special or compelling circumstances;
6) the Merits of the case;
7) a cause NOT entirely attributable to the fault or negligence of the Party favored by the suspension of the rules;
8) a Lack of any showing that the review sought is merely frivolous and dilatory;
9) the Other party will NOT be unjustly prejudiced thereby;
10) Peculiar legal and equitable circumstances attendant to each case;

11) Importance of the issues involved;
12) Exercise of sound discretion by the judge guided by all the attendant circumstances; and
13) in the name of Substantial justice and fair play; (G.R. No. 187984)
RULE 33 DEMURRER TO EVIDENCE

EFFECT IF MOTION TO DISMISS IS DENIED
If his or her motion to dismiss is denied, he or she shall have the right to present evidence. (RULE 33, SECTION
1)
EFFECT IF MOTION TO DISMISS IS GRANTED

If the motion is granted but on appeal the order of dismissal is reversed, he or she shall be deemed to have
waived the right to present evidence. (1a) (RULE 33, SECTION 1)
ACTION ON DEMURRER TO EVIDENCE

DEMURRER TO EVIDENCE shall NOT be allowed except on the following grounds: (JAPLOS)
i. the court has NO Jurisdiction over the subject matter, (J)
ii. there is Another action Pending between the same parties for the same cause, (A) or
iii. that the action is Barred by a Prior Judgment (P) or
iv. by Statute of Limitations, (L)
v. that the claim or demand set forth in the plaintiff’s pleading has been Paid, Abandoned, Waived, or
Otherwise extinguished; (O) or
vi. that the claim on which the action is founded is unenforceable under the provisions of the Statute of
Frauds, (S)
The order denying the demurrer to evidence shall NOT be subject of: (PAC – M)
1) Prohibition (P) or
2) an Appeal (A) or
3) Petition for Certiorari, (C)
4) Mandamus (M)
before judgment. (n) (SECTION 2)
By: Caffeinated Wisdom

Page 1
RULE 34 JUDGMENT ON THE PLEADINGS

JUDGMENT ON THE PLEADINGS
Where an answer: (FO)
1) Fails to Tender an Issue, (F) or
2) Otherwise Admits the Material Allegations of the adverse party’s pleading, (O)
the court may, on motion of that party, direct judgment on such pleading.
EXCEPTION:
However, in actions for: (DAL)
1) Declaration of Nullity (D) or
2) Annulment of Marriage (A) or
3) Legal Separation (L),
the material facts alleged in the complaint shall always be proved. (1) (SECTION 1)
VOID RECONSTITUTED TITLE

a reconstituted certificate of title is void if the owner’s duplicate certificate is NOT lost or destroyed, but is in
the possession of another person.
Nonetheless, a valid transfer can issue from the void reconstituted title if an innocent purchaser for value
intervenes. A finding of "good faith" and "for value" requires a judicious evaluation of the facts of each case.
the reconstituted certificate is void. Consequently, it may be attacked anytime.
affirms that the remedy to nullify an order granting reconstitution is a petition for annulment under Rule 47 of the
Rules of Court. (G.R. No. 163994)
FAILS TO TENDER AN ISSUE AND/OR OTHERWISE ADMITS THE MATERIAL ALLEGATIONS OF

THE ADVERSE PARTY’S PLEADING
The answer admits the material allegations of the adverse party’s pleading by:
1) expressly admitting the truth of the allegations;
2) failing to make the specific denial of the material allegations; or
3) omitting to deal with them at all. (G.R. NO. 2079970)
KINDS DEFENSES:
1) NEGATIVE DEFENSE
2) AFFIRMATIVE DEFENSE
NEGATIVE -- is the specific denial of the material fact or facts alleged in the pleading of the
DEFENSE claimant essential to his or her cause or causes of action.
AFFIRMATIVE -- is an allegation of a new matter which, while hypothetically admitting the material
DEFENSE allegations in the pleading of the claimant, would nevertheless prevent or bar
recovery by him or her.
(SECTION 5)
KINDS OF AFFIRMATIVE DEFENSES

The affirmative defenses include: (FRIEDS – OF – SP – NAB)
1) Fraud, (F)
2) Release, (R)
3) Illegality, (I)
4) Former Recovery, (F)
5) Estoppel, (E)
6) Discharge in Bankruptcy, (D)
7) Statute of Frauds, (S)
8) any Other matter by way of Confession and Avoidance. (O)
9) Statute of Limitations, (S) and

Page 2
10) Payment, (P)

11) Affirmative defenses may also include grounds for the Dismissal of a complaint, specifically, that: (NAB)
i. that the action is Barred by a Prior Judgment. (B)
iii. the court has NO Jurisdiction over the subject matter, (N)
(5a) (RULE 6, SECTION 5)
SIGNIFICANCE OF AFFIRMATIVE DEFENSE

While it admitted that it had removed its stocks from the leased premises and had received the demand letter for
rental payments, it argued that the lease contract had been pre-terminated because the consideration thereof
had become so difficult to comply in light of the economic crisis then existing.
Thus, judgment on the pleadings was improper considering that Comglasco's Answer raised an affirmative defense.
Summary judgment is a procedure aimed at weeding out sham claims or defenses at an early stage of the litigation.
The proper inquiry in this regard would be whether the affirmative defenses offered by petitioners constitute
genuine issues of fact requiring a full-blown trial.
In a summary judgment, the crucial question is: are the issues raised by petitioners not genuine so as to justify a
summary judgment? (G.R. No. 219509)
ACTION ON MOTION FOR JUDGMENT ON THE PLEADINGS

The court may motu proprio or on motion render judgment on the pleadings if it is apparent that
the answer fails to tender an issue, or
otherwise admits the material allegations of the adverse party’s pleadings.
Otherwise, the motion shall be subject to the provisions of Rule 15 of these Rules. (SECTION 2)
PROHIBITED REMEDY
Any action of the court on a motion for judgment on the pleadings shall NOT be subject of: (PAC – M)
1) Prohibition (P)
2) an Appeal (A) or
3) Petition for Certiorari, (C) or
4) Mandamus (M) (n) (SECTION 2)
RULE 35 SUMMARY JUDGMENTS
SUMMARY JUDGMENTS -- a judgment rendered by a court without a full – blown trial, if the court finds
that, except as to the amount of damages,:
1) there is NO genuine issue as to any material fact; and
2) the plaintiff or defendant is entitled to a judgment as a matter of law.
(THOMAS MAUET, FUNDAMENTALS OF PRETRIAL TECHNIQUES
262(1988))
COVERAGE OF THE SUMMARY JUDGMENT

The judgment need not be on the entire case but only specified factual issues, with the court proceeding to try
other factual issues.
This is known as partial summary judgment. (THOMAS MAUET, FUNDAMENTALS OF PRETRIAL

TECHNIQUES 262(1988))
NO GENUINE ISSUE TO THE MATERIAL FACT

There is NO GENUINE ISSUE TO THE MATERIAL FACT when there is NO factual issue which will
require a full – dress evidentiary hearing involving presentation of witnesses for regular examination.

Page 3
The absence of a genuine material fact issue may be established by affidavits, depositions or admissions. (BASIC
CIVIL PROCEDURE, BAUTISTA, PAGES 73 – 74)
ACTIONS WHICH SUMMARY JUDGMENT IS PROPER

1) actions to recover a debt; or
2) actions for a liquidated sum of money; or
3) for declaratory relief.
SUMMARY JUDGMENT JUDGMENT ON THE JUDGMENT BY DEFAULT

PLEADINGS
AS TO BASIS OF JUDGMENT
Based on the pleadings, depositions, Based solely on the pleadings Based on the complaint and
admissions and affidavits. evidence of the plaintiff, if
presentation is required.
TO WHOM AVAILABLE
Available to both plaintiff and Generally, available only to the Available to plaintiff.
defendant. plaintiff, unless the defendant
presents a counterclaim.
AS TO THE ISSUE TENDERED

No genuine issue between the The answer fails to tender an issue No issue as no answer is filed by the
parties. or otherwise admits the material defending party.
allegation of the adverse party’s
pleadings.
AS TO BEING A JUDGMNET ON THE MERITS

May be interlocutory order or the On the merits. On the merits.
merits.
AS TO FILING AN SWER
A party seeking to recover upon a There is already an answer filed. There is no answer filed.
(CCDC) Claim, Counterclaim, or
Cross-claim or to obtain a
Declaratory relief may, at any time
after the pleading in answer
thereto has been served, move with
supporting affidavits, depositions or
admissions for a summary
judgment in his or her favor upon
all or any part thereof. (1a)
(SECTION 1)
SUMMARY JUDGMENT FOR

DEFENDING PARTY
A party against whom a (CCDC)
Claim, Counterclaim, or Cross-
claim or to obtain a Declaratory
relief is sought may, at any time,
move with (SADA) Supporting
Affidavits, Depositions or
Admissions for a summary
judgment in his or her favor as to
all or any part thereof. (2a)

Page 4
(SECTION 2)
(1 REGALADO, supra at 404 – 405)
SUMMARY JUDGMENT FOR CLAIMANT

A party seeking to recover upon a (CCDC) Claim, Counterclaim, or Cross-claim or to obtain a Declaratory relief
may, at any time after the pleading in answer thereto has been served, move with supporting affidavits,
depositions or admissions for a summary judgment in his or her favor upon all or any part thereof. (1a)
(SECTION 1)
SUMMARY JUDGMENT FOR DEFENDING PARTY

A party against whom a (CCDC) Claim, Counterclaim, or Cross-claim or to obtain a Declaratory relief is sought
may, at any time, move with (SADA) Supporting Affidavits, Depositions or Admissions for a summary judgment
in his or her favor as to all or any part thereof. (2a) (SECTION 2)
GROUNDS
Unless the court orders the conduct of a hearing,
judgment sought shall be rendered forthwith if the pleadings, supporting affidavits, depositions and
admissions on file, show that, except as to the amount of damages,
there is NO genuine issue as to any material fact and that the moving party is entitled to summary judgment as a
matter of law. (3a) (SECTION 3)
RATIONALE:
petitioners' defense of partial payment in their Answer to Second Amended Complaint, in effect, NO longer
raised genuine issues of fact that require presentation of evidence in a full-blown trial.
Hence, the summary judgment of the RTC in favor of respondent is proper. (G.R. No. 176570)
PROHIBITED REMEDY
Any action of the court on a motion for summary judgment shall NOT be subject of: (PAC – M)
1) Prohibition (P)
2) an Appeal (A) or
3) Petition for Certiorari, (C) or
4) Mandamus (M) (3a) (SECTION 3)
AFFIDAVITS IN BAD FAITH

Should it appear to its satisfaction at any time that any of the affidavits presented pursuant to this Rule are: (BF)
(D)
1) presented in Bad Faith, (BF) or
2) solely for the purpose of Delay, (D)
the court shall forthwith order the offending party or counsel to pay to the other party the amount of the
reasonable expenses which the filing of the affidavits caused him or her to incur, including attorney’s fees, it
may, after hearing further adjudge the offending party or counsel guilty of contempt. (SECTION 6)
RULE 37 NEW TRIAL OR RECONSIDERATIONS

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 and also move for reconsideration. (SECTION 1)
GROUNDS FOR NEW TRIAL

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: (FAME) (NDE)
1) 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; (FAME) or

Page 5
2) 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. (NDE) (SECTION 1)
NEWLY DISCOVERED -- Evidence which already exists prior to or during a trial, but whose existence is
EVIDENCE NOT known to the offering litigant, or though know, could NOT have been
secured and presented during the trial despite reasonable diligence.
FORGOTTEN -- Evidence already an existence or available before or during a trial known to

EVIDENCE and could have been presented and offered in a reasonable manner were it NOT
for the sheer oversight of forgetfulness or the party or the counsel.
(G.R. NO. 164460)
GROUNDS FOR MOTION FOR RECONSIDERATION

Within the period for taking an appeal, the aggrieved party may also move for reconsideration upon the grounds
that the: (DED)
1) Damages awarded are Excessive, (D)
2) Evidence is Insufficient to Justify the decision or final order, (E) or
3) Decision or final order is Contrary to law. (D) (1a) (SECTION 1)
MOTION FOR NEW TRIAL MOTION FOR RECONSIDERATION

AS TO RULE ON SECOND MOTION
A second motion for new trial, based on a ground not NO party shall be allowed a second motion for
existing nor available when the first motion was reconsideration of a judgment or final order (4a, 4,
made, may be filed Within the period for taking an IRG) (SECTION 5)
appeal, excluding the time during which the first
motion had been pending. (SECTION 5)
AS TO EFFECT OF GRANTING
The trial court may set aside the judgment or final order If the court finds that excessive damages have been
and grant a new trial, upon such terms as may be just, awarded or that the judgment or final order is contrary to
or may deny the motion. (SECTION 3) the evidence or law, it may amend such judgment or
final order accordingly. (3a) (SECTION 3)
AS TO GROUNDS
(FAME) (NDE) (DE) (EIJ) (DC)
1) Fraud, Accident, Mistake or Excusable negligence 1) Damages awarded are Excessive, (DE)
which ordinary prudence could not have guarded against 2) Evidence is Insufficient to Justify the decision or
and by reason of which such aggrieved party has final order, (EIJ) or
probably been impaired in his rights; (FAME) or 3) Decision or final order is Contrary to law. (DC) (1a)
2) Newly Discovered Evidence, which he could not, (SECTION 1)
with reasonable diligence, have discovered and produced
at the trial, and which if presented would probably alter
the result. (NDE) (SECTION 1)
AFFIDAVIT OF MERIT
CONTENTS OF MOTION FOR NEW TRIAL
1) 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.
2) A motion for new trial on the causes of Fraud, Accident, Mistake or Excusable negligence which ordinary
prudence could not have guarded against (FAME) shall be supported by affidavits of merits which may be rebutted
by affidavits.
3) A motion for new trial for the cause of 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 shall be

Page 6
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. (SECTION 2)
CONTENTS OF MOTION FOR RECONSIDERATION

1) 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.
2) A motion for reconsideration shall point out a specifically the findings or conclusions of the judgment or
final order which are:
i. NOT supported by the evidence or
ii. contrary to lawmaking express reference to the testimonial or
iii. documentary evidence or
iv. to the provisions of law alleged to be contrary to such findings or conclusions. (SECTION 2)
PRO FORMA MOTION

A pro forma motion for new trial or reconsideration shall NOT toll the reglementary period of appeal. (2a)
(SECTION 2)
TWO TYPES OF PRO FORMA MOTION FOR NEW TRIAL

1) A motion for new trial on the causes of Fraud, Accident, Mistake or Excusable negligence (FAME) NOT
supported by affidavits of merits.
2) A second motion for new trial on a ground available the party when the first motion was filed.
INDICATIONS OF A PRO FORMA MOTION FOR MOTION FOR NEW TRIAL

It is based on the same ground as that raised in a denied motion. (G.R. NO. L - 36021)
PRO FORMA MOTION FOR RECONSIDERATION

GENERAL RULE:
A motion for reconsideration based on the foregoing grounds is deemed pro forma if the same does not specify the
findings or conclusions in the judgment which are not supported by the evidence or contrary to law, making
express reference to the pertinent evidence or legal provisions.
EXCEPTION:
Where the circumstances of a case do not show an intent on the part of the pleader to merely delay the
proceedings, and his motion reveals a bona fide effort to present additional matters or to reiterate his
arguments in a different light, the courts should be slow to declare the same outright as pro forma. (G.R. No.
125447)
ACTION UPON MOTION FOR NEW TRIAL

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. (SECTION 3)
ACTION UPON MOTION FOR RECONSIDERATION

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. (3a) (SECTION 3)
RESOLUTION OF MOTION FOR NEW TRIAL AND RECONSIDERATION

A motion for new trial or reconsideration shall be resolved within 30 days from the time it is submitted for
resolution. (n) (SECTION 4)
AVAILABILITY OF GROUND FOR MOTION FOR NEW TRIAL

A motion for new trial shall include all grounds then available and those not so included shall be deemed
waived. (SECTION 5)
SECOND MOTION FOR NEW TRIAL

Page 7
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 period for taking an appeal, excluding the time during which the first motion had
been pending. (SECTION 5)
SECOND MOTION FOR RECONSIDERATION

NO party shall be allowed a second motion for reconsideration of a judgment or final order (4a, 4, IRG)
(SECTION 5)
SECOND MOTION FOR RECONSIDERATION MAY BE GRANTED

It can be allowed on extraordinarily persuasive reasons provided that express leave of court shall first be
obtained. (G.R. NO. 191872)
EFFECT OF GRANTING OF MOTION FOR NEW TRIAL

GENERAL RULE:
If a new trial is granted the original judgment or final order shall be vacated, and the action shall stand for
trial de novo.
EXCEPTION:
However, the recorded evidence taken upon the former trial, insofar as the recorded evidence is material and
competent to establish the issues, shall be used at the new trial without retaking the same. (5a) (SECTION 6)
PARTIAL NEW TRIAL OR RECONSIDERATION

If the grounds for a motion for new trial or reconsideration appear to the court to:
1) affect the Issues as to: (IPLC)
i. only a Part, or
ii. Less than an of the matter in Controversy, or
2) only One, or Less than all, of the Parties to it, (OLAP)
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. (6a) (SECTION 7)
EFFECT OF ORDER FOR PARTIAL NEW TRIAL

When less than all of the issues are ordered retried, the court may either:
1) Enter a Judgment or final order as to the Rest, (EJR) or
2) Stay the Enforcement of Such judgment or final order (SES)
until after the new trial. (7a) (SECTION 8)
REMEDY AGAINST ORDER DENYING A MOTION FOR NEW TRIAL OR RECONSIDERATION

An order denying a motion for new trial or reconsideration is not appealed,
the remedy being an appeal from the judgment or final order. (n) (SECTION 9)
FRESH PERIOD RULE

GENERAL RULE:
The aggrieved party has a “fresh period” of 15 days from receipt or notice of the order denying or dismissing
denial of his motion for reconsideration or new trial within which to file his appeal. (G.R. NO. 141524)
EXCEPTION:
Does NOT apply to administrative cases. (G.R. NO. 194702)
NEW TRIAL REOPENING OF TRIAL

WHEN PROPER
Within the period for taking an appeal, (SECTION May properly be presented only after either or both the
1) parties have formally offered and closed their evidence
before judgment. (RULE 30, SECTION 5)
AS TO GROUNDS
(FAME) (NDE) Based on the interest of justice and upon the court’s

Page 8
1) Fraud, Accident, Mistake or Excusable negligence discretion.

which ordinary prudence could not have guarded against
and by reason of which such aggrieved party has
probably been impaired in his rights; (FAME) or
2) 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. (NDE) (SECTION 1)
HOW COMMENCED
This always on motion of the party. This may be done on the court’s initiative.
RULE 39 EXECUTION, SATISFACTION AND EFFECT OF JUDGMENTS
DOCTRINE OF FINALITY OF JUDGMENTS

GENERAL RULE:
A decision that has acquired finality becomes immutable and unalterable, and
may no longer be modified in any respect, even if the modification is meant to correct erroneous conclusions
of fact and law, and
whether it be made by the court that rendered it or by the Highest Court of the land.
Any act which violates this principle must immediately be struck down.
EXCEPTIONS:
1. "The correction of clerical errors;
2. the so-called nunc pro tunc entries which cause NO prejudice to any party;
3. void judgments; and
4. whenever circumstances transpire after the finality of the decision rendering its execution unjust and
inequitable." (G.R. No. 194560)
FINALITY OF JUDGMENT FOR -- Refers to a judgment which completely disposes of a case.

PURPOSES OF APPEAL
NATURE OF FINALITY OF JUDGMENT VS. INTERLOCUTORY ORDER

Final Judgment in this sense is distinguished from an interlocutory order which still leaves something more to be
done by the court and is NOT appealable.
FINALITY OF JUDGMENT -- Refers to a judgment where the period to appeal therefrom has expired
FOR PURPOSES OF without any appeal being duly perfected but finally resolved.
EXECUTION
NATURE OF FINALITY OF JUDGMENT

FOR PURPOSES OF EXECUTION
Final Judgment in this sense is more precisely referred to as final and executory.
OMNIBUS MOTION
GENERAL RULE:
A motion attacking a (PJOP) Pleading, Judgment, Order, or Proceeding shall include all objections then
available, and all objections NOT so included shall be deemed waived. (8a) (RULE 15, SECTION 9)
EXCEPTIONS: (JABS)
1) the court has NO Jurisdiction over the subject matter, (J)
2) there is Another action Pending between the same parties for the same cause, (A) or
3) that the action is Barred by a Prior Judgment (B) or
4) by Statute of Limitations, (S) (1) (RULE 9 SECTION 1)

Page 9
EXECUTION UPON JUDGMENTS OR FINAL ORDERS

EXECUTION AS A MATTER OF RIGHT
Execution shall issue as a matter of right, or motion, upon a judgment or order that disposes of the action or
proceeding upon the expiration of the period to appeal therefrom if no appeal has been duly perfected. (1a)
(SECTION 1)
INSTANCES WHEREIN THE COURT MAY REFUSE TO REFUSE TO ENFORCE A FINAL AND
EXECUTORY JUDGMENT
1) When subsequent facts occur which render execution impossible, unjust, or inequitable.
2) Where the judgment has been novated by the parties.
3) Where the judgment obligor had already complied with the judgment.
4) Where a temporary restraining order or preliminary injunction is issued by the proper court.
APPEAL HAS BEEN DULY PERFECTED AND FINALLY RESOLVED

If the appeal has been duly perfected and finally resolved, the execution may forthwith be applied for in the
court of origin, on motion of the judgment obligee, submitting therewith:
1) certified true copies of the judgment or judgments or final order or orders sought to be enforced and
2) of the entry thereof, with notice to the adverse party. (SECTION 1)
DUTY OF APPELLATE COURT

The appellate court may, on motion in the same case, when the interest of justice so requires, direct the court of
origin to issue the writ of execution. (n) (SECTION 1)
EXECUTION -- it is a remedy afforded for the satisfaction of a judgment. Its object being to obtain
satisfaction of the judgment on which the writ is issued.
(G.R. NO. 129713)
DSICRETIONARY EXECUTION
EXECUTION OF A JUDGMENT OR FINAL ORDER PENDING APPEAL
GENERAL RULE:
On motion of the prevailing party with notice to the adverse party filed in the trial court while it has
jurisdiction over the case and is in possession of either the original record or the record on appeal, as the case
may be, at the time of the filing of such motion, said court may, in its discretion, order execution of a judgment or
final order even before the expiration of the period to appeal.
EXCEPTION:
After the trial court has lost jurisdiction the motion for execution pending appeal may be filed in the appellate
court.
PROVIDED:
Discretionary execution may only issue upon good reasons to be stated in a special order after due hearing.
(SECTION 2)
DENIAL OF MOTION FOR EXECUTION

The issuance of writ of execution is a ministerial duty, thus, compellable by a writ of mandamus. (G.R. NO.
163663)
EXECUTION OF SEVERAL, SEPARATE OR PARTIAL JUDGMENTS

A several, separate or partial judgment may be executed under the same terms and conditions as execution of a
judgment or final order pending appeal. (2a) (SECTION 2)
DISCRETIONARY EXECUTION EXECUTION AS A MATTER OF RIGHT

May issue before the lapse of period to appeal, and even Period to appeal has already lapse and no appeal is
during appeal. perfected.

Page 10
Discretionary upon the court, and there is inquiry on Ministerial duty of the court provided there are no
whethere there is good reason for execution. supervening events.
STAY OF DISCRETIONARY EXECUTION

Discretionary execution issued may be stayed upon approval by the proper court of a sufficient supersedeas
bond filed by the party against whom it is directed, conditioned upon the performance of the judgment or
order allowed to be executed in case it shall be finally sustained in whole or in part. The bond thus given may
be proceeded against on motion with notice to the surety. (3a) (SECTION 3)
DISMISSAL WITH PREJUDICE

Subject to the right of appeal, an order granting: (BS – PAWO – S)
1) a motion to dismiss or an affirmative defense that the cause of action is Barred by a Prior Judgment (BPJ) or
by Statute of Limitations, (BS);
2) that the claim or demand set forth in the plaintiff’s pleading has been Paid, Abandoned, Waived, or Otherwise
extinguished; (PAWO) or
3) that the claim on which the action is founded is unenforceable under the provisions of the Statute of Frauds, (SF)
shall bar the refiling of the same action or claim. (5, R16) (RULE 15, SECTION 13)
RULE 33 DEMURRER TO EVIDENCE

EFFECT IF MOTION TO DISMISS IS DENIED
If his or her motion to dismiss is denied, he or she shall have the right to present evidence. (RULE 33, SECTION
1)
EFFECT IF MOTION TO DISMISS IS GRANTED

If the motion is granted but on appeal the order of dismissal is reversed, he or she shall be deemed to have
waived the right to present evidence. (1a) (RULE 33, SECTION 1)
ACTION ON DEMURRER TO EVIDENCE

DEMURRER TO EVIDENCE shall NOT be allowed except on the following grounds: (JAPLOS)
i. the court has NO Jurisdiction over the subject matter, (J)
iii. that the action is Barred by a Prior Judgment (P) or
iv. by Statute of Limitations, (L)
v. that the claim or demand set forth in the plaintiff’s pleading has been Paid, Abandoned, Waived, or
Otherwise extinguished; (O) or
vi. that the claim on which the action is founded is unenforceable under the provisions of the Statute of
Frauds, (S)
The order denying the demurrer to evidence shall NOT be subject of: (PAC – M)
1) Prohibition (P) or
2) an Appeal (A) or
3) Petition for Certiorari, (C)
4) Mandamus (M)
before judgment. (n) (SECTION 2)
JUDGMENTS NOT STAYED BY APPEAL

Judgments in actions for: (SIRAO)
1) Support,
2) Injunction,
3) Receivership, and
4) Accounting and
5) such Other judgments as
are now or may hereafter be declared to be IMMEDIATELY EXECUTORY,
shall be enforceable after their rendition and shall not, be stayed by an appeal taken therefrom,
UNLESS otherwise ordered by the trial court.

Page 11
PROVIDED:
ON APPEAL therefrom, the appellate court in its discretion may make an order: (SMRG)
1) Suspending,
2) Modifying,
3) Restoring or
4) Granting
the Award of (SIRA) Support, Injunction, Receivership, and Accounting. (SECTION 4)
STAY OF EXECUTION
The stay of execution shall be upon such terms as to bond or otherwise as may be considered proper for the
security or protection of the rights of the adverse party. (4a) (SECTION 4)
JUDGMENTS THAT ARE IMMEDIATELY EXECUTORY AND SHALL NOT BE STAYED BY AN

APPEAL
1) Judgments in actions for: (SIRAO)
i. Support,
ii. Injunction,
iii. Receivership, and
iv. Accounting and
v. such Other judgments as
are now or may hereafter be declared to be IMMEDIATELY EXECUTORY, shall be enforceable after
their rendition and shall not, be stayed by an appeal taken therefrom, UNLESS otherwise ordered by
the trial court. (SECTION 4)
2) If judgment in FORCIBLE ENTRY AND UNLAWFUL DETAINER is rendered against the defendant,
execution shall issue immediately upon motion.
UNLESS:
1) an appeal has been perfected and the defendant to stay execution files a sufficient supersedeas
bond, approved by the Municipal Trial Court and executed in favor of the plaintiff to pay the rents,
damages, and costs accruing down to the time of the judgment appealed from, and
2) during the pendency of the appeal, he deposits with the appellate court the amount of rent due
from time to time under the contract, if any, as determined by the judgment of the Municipal Trial Court.
(RULE 70, SECTION 19)
3) The judgment in FORCIBLE ENTRY AND UNLAWFUL DETAINER of the Regional Trial Court against
the defendant shall be immediately executory, without prejudice to a further appeal that may be taken therefrom.
4) The decision of the regional trial court in civil cases governed by this Rule, including forcible entry and unlawful
detainer, shall be immediately executory, without prejudice to a further appeal that may be taken therefrom.
(RULES ON SUMMARY PROCEDURE, SECTION 21)
5) If upon the sale of any real property there be a balance due to the plaintiff after applying the proceeds of the
sale, the court, upon motion, shall render judgment against the defendant for any such balance for which, by
the record of the case, he may be personally liable to the plaintiff, upon which execution may issue
immediately if the balance is all due at the time of the rendition of the judgment;
Otherwise; the plaintiff shall be entitled to execution at such time as the balance remaining becomes due under
the terms of the original contract, which time shall be stated in the judgment. (6a) (RULE 68, SECTION 6)
6) The judgment or final order of a court in a case of indirect contempt may be appealed to the proper court as
in criminal cases.

Page 12
But execution of the judgment or final order shall not be suspended until a bond is filed by the person adjudged
in contempt, in an amount fixed by the court from which the appeal is taken, conditioned that if the appeal be
decided against him he will abide by and perform the judgment or final order. (10a) (RULE 71, SECTION 11)
7) The right of the plaintiff in expropriation proceeding to enter upon the property of the defendant and appropriate
the same for public use or purpose shall not be delayed by an appeal from the judgment. (RULE 67, SECTION
11)
8) All decisions and orders issued shall immediately be executory.
NO appeal or petition taken therefrom shall stay the enforcement or implementation of the decision or order,
unless restrained by an appellate court. Interlocutory orders shall not be subject to appeal. (INTERIM RULES
OF PROCEDURE GOVERNING INTRA – CORPORATE CONTROVERSIES UNDER R.A. NOO. 8799,
SECTION 4)
9) Any judgment directing the performance of acts for the protection, preservation or rehabilitation of the
environment shall be executory pending appeal unless restrained by the appellate court. (RULES OF
PROCEDURE FOR ENVIRONMENTAL CASES, RULE 5, SECTION 2)
10) The decision shall be final, executory and unappealable in SMALL CLAIMS cases. (A.M. NO. 08 – 8 – 7 –
SC, SECTION 24)
11) The person adjudged in direct contempt by any court may NOT appeal therefrom, but may avail himself of
the remedies of certiorari or prohibition. (RULE 71, SECTION 2)
12) Compromise judgments
13) The summary judgment of the court for judicial authorization for a transaction where the consent of the
other spouse is required by law but such consent is withheld or CANNOT be obtained shall be immediately
final and executory. (n) (FAMILY CODE, ARTICLE 247)
EFFECT OF REVERSAL OF EXECUTED JUDGMENT

Where the executed judgment is REVERSED totally or partially, or ANNULLED, on appeal or otherwise, the
trial court may, on motion, issue such orders of: (R - RD)
1) Restitution or
2) Reparation of Damages
as equity and justice may warrant under the circumstances. (5a) (SECTION 5)
DORMANT -- one which has NOT been enforced by motion within 5 years after its entry and
JUDGMENT is thus reduced to a mere right of action in favour of the judgment – oblige.
(88 PHIL. 236)
EXECUTION OF JUDGMENT
1) BY MOTION:
i. A final and executory judgment or order may be executed on motion within 5 years from the date of
its entry. and
2) BY REVIVED JUDGMENT
The REVIVED JUDGMENT may also be enforced by:
i. enforced by motion within 5 years from the date of its entry and
ii. Actions Upon a judgment which must be brought within 10 years from the time the right of action
accrues. (NEW CIVIL CODE, ARTICLE 1144) (6a) (SECTION 6)
EXECUTION OF JUDGMENT BY MOTION:

GENERAL RULE:

Page 13
i. A final and executory judgment or order may be executed on motion within 5 years from the date of its entry.
And (6a) (SECTION 6)
EXCEPTIONS:
1) Delay is attributable to the judgment debtor as when he employs legal maneuvers to block the enforcement
of the judgment. (G.R. NO. 233489)
2) Agreement of the parties to suspend the enforcement of the judgment. (G.R. NO. 139284)
APPLICABILITY OF RULE 39, SECTION 6:

Applies only to ordinary civil actions NOT to other or extraordinary proceedings not expressly governed by the
RULES OF CIVIL PROCEDURE. (TOPACIO VS. BANCO FILIPINO)
JURISDICTION OVER AN ACTION FOR REVIVAL OF JUDGMENT

The REGIONAL TRIAL COURT has original and exclusive jurisdiction since the action for revival of
judgment is an action incapable of pecuniary estimation. (ANAMA VS. CITIBANK)
FILING OF THE REVIVAL OF JUDGMENT

An action for revival of judgment is a new action the rules on instituting and commencing actions apply.
Its jurisdictional requirements are NOT dependent on the previous action and the petition does NOT necessarily
have to be filed in the same court which rendered judgment. (ANAMA VS. CITIBANK)
RATIONALE OF REVIVAL OF JUDGMENT:

Actions Upon a judgment must be brought within 10 years from the time the right of action accrues. (NEW
CIVIL CODE, ARTICLE 1144)
WHEN THE 5 AND 10 YEAR PERIODS DO NOT APPLY:

1) Judgments for support which do NOT become dormant and which can always be executed by motion
because the obligation is a continuing one and the court never loses jurisdiction to enforce the same. (G.R. NO.
72746)
2) Special proceedings, such as land registration and cadastral cases wherein the right to ask for a writ of
possession does NOT prescribe. (G.R. NO. 168913)
3) Contempt orders in unauthorized re – entry on the land by ejected defendant. (G.R. NO. L – 55730)
EXECUTION OF JUDGMENTS FOR MONEY

IMMEDIATE PAYMENT ON DEMAND
The officer shall enforce an execution of a judgment for money by demanding from the judgment obligor the
immediate payment of the full amount stated in the writ of execution and all lawful fees.
If the judgment obligee or his authorized representative is not present to receive payment, the judgment obligor
shall deliver the aforesaid payment to the executing sheriff. (SECTION 9)
ATTACHMENT GARNISHMENT
It refers to corporeal property in the possession of the It refers to money, stocks, credits and other incorporeal
judgment debtor. property which belongs to the judgment debtor but is in
the possession or under the control of a third person.
(RULE 39, SECTION 9)
SPECIAL -- one which requires the performance of any act, other than the payment of money
JUDGMENT or sale or delivery of real or personal property, which a party must personally do
because his personal qualifications and circumstances should have taken into
consideration.
(CALUAG VS. PECSON)

Page 14
RECOVERY OF PRICE IF SALE NOT EFFECT / REVIVIAL JUDGMENT

If the purchaser of real property sold on execution, or his successor in interest:
1) fails to recover the possession thereof, or
2) is evicted therefrom, in consequence of irregularities in the proceedings concerning the sale, or
3) because the judgment has been reversed or set aside, or
4) because the property sold was exempt from execution, or
5) because a third person has vindicated his claim to the property,
he may on motion in the same action or in a separate action recover from the judgment obligee the price paid,
with interest, or so much thereof as has not been delivered to the judgment obligor, or
he may, on motion, have the original judgment revived in his name for the whole price with interest, or so
much thereof as has been delivered to the judgment obligor. (SECTION 34)
EFFECT OF THE REVIVED JUDGMENT

The judgment so revived shall have the same force and effect as an original judgment would have as of the date
of the revival and no more. (36a) (SECTION 34)
REVIVAL OF JUDGMENT IN SECTION 6 REVIVAL OF JUDGMENT IN SECTION 34

AS TO COMENCEMENT
The action is commenced by filing a complaint for By filing a motion for revival of judgment before the
revival of judgment for it is an independent civil action. court which rendered the judgment sought to be revived.
AS TO EXECUTION OF JUDGMENT BY MERE MOTION

It is no longer possible to execute the judgment by The judgment sought to be revived in the name of the
motion because 5 years have already lapsed from entry highest bidder was actually executed by mere motion
thereof. within 5 years from entry.
AS TO PERSON WHO AVAILS THE REMEDY

The judgment creditor himself, or his assignee, or his The highest bidder in the public auction sale.
successors – in – interest.
AS TO PURPOSE
Filed to revive the judgment which has become dormant Filed to revived judgment in the name of the highest
in order that it may again be executed by mere motion. bidder in order that he may recover from the judgment
debtor because he was not able to acquire the property
he purchased at the auction sale yet the price he paid was
delivered to the judgment creditor in the discharge of the
obligation.
(1 RIANO, supra at 612 – 613)
WHEN PRINCIPAL BOUND BY JUDGMENT AGAINST SURETY

When a judgment is rendered against a party who stands as surety for another, the latter is also bound from the
time that he has notice of the action or proceeding, and an opportunity at the surety’s request to join in the
defense. (48a) (SECTION 46)
LAW OF THE CASE -- whatever is once irrevocably established as the controlling legal rule or decision
between the same parties in the same case continues to be the law of the case, whether
correct on general principles or not, so long as the facts on which such decision was
predicated continue to be the facts of the case before the court.
Further, when an appellate court has once declared the law in a case, such declaration
continues to be the law of that case even on a subsequent appeal.
(G.R. No. 139762)
STARE DECISIS -- when a court has laid down a principle of law as applicable to a certain state of facts, it

Page 15
will adhere to that principle and apply it to all future cases in which the facts are
substantially the same.
(G.R. No. 150478)
LIMITATION OF THE LAW OF THE CASE

GENERAL RULE:
whatever is once irrevocably established as the controlling legal rule or decision between the same parties in the
same case continues to be the law of the case, whether correct on general principles or not, so long as the facts
on which such decision was predicated continue to be the facts of the case before the court.
Further, when an appellate court has once declared the law in a case, such declaration continues to be the law
of that case even on a subsequent appeal. (G.R. No. 139762)
EXCEPTION:
This rule does NOT apply to resolutions rendered in connection with the case wherein no rationale has been
expounded on the merits of that action. (G.R. NO. 80194)
LAW OF THE CASE STARE DECISIS

The ruling adhered to in the particular case need not be Once a point of law has been established by the court,
followed as a precedent in subsequent litigation between that point of law will, generally, be followed by the
other parties, neither by the appellate court which made same court and by all courts of lower rank in subsequent
the decision followed on a subsequent appeal in the cases where the same legal issue is raised.
same case, nor by any other court.
(G.R. NO. 134284)
RES JUDICATA (a thing decided) -- means that once a matter has been decided with finality by a court, the
matter is conclusive as between the parties to the case and can no longer
be relitigated.
(G.R. NO. 157605)
RES JUDICATA LAW OF THE CASE

The ruling in one case is carried over to another case Operates only in the particular and single case where the
between the same parties. ruling arises and is not carried into other cases as a
precedent.
(G.R. NO. 134284)
CONCEPTS OF RES JUDICATA

1) BAR BY PRIOR JUDGMENT
2) CONCLUSIVENESS OF JUDGMENT
BAR BY PRIOR JUDGMENT CONCLUSIVENESS OF JUDGMENT

AS TO IDENTITY OF CAUSES OF ACTION
There is identity of causes of action between the prior The causes of action are different.
and the subsequent case.
AS TO CONCLUSIVENESS
The prior case is conclusive not only as to the matters The prior case is conclusive only in respect of the
directly adjudged but also to any other matter that could matters actually raised and adjudged in the prior case.
have been raised in relation thereto.
AS TO PRECLUSIVE EFFECT
Bars the relitigation of a case. Bars only the relitigation of an issue.
AS TO GROUND FOR MOTION TO DISMISS

Ground for a motion to dismiss. it is not a ground for a motion to dismiss.
Page 16
EFFECT OF JUDGMENTS OR FINAL ORDERS

The effect of a judgment or final order rendered by a court of the Philippines, having jurisdiction to pronounce the
judgment or final order, may be as follows:
BARRED BY PRIOR JUDGMENT / EFFECT OF A JUDGMENT OR FINAL ORDER AGAINST:

GENERAL RULE:
(SPAP – R)
1) a Specific thing, (S) or the judgment or final order is conclusive upon the title to the
2) in respect to the Probate of a will, (P) or thing,
3) the Administration of the Estate of a deceased
person, (A) or
4) in respect to the Personal, Political, or Legal
Condition or Status of a particular person (P) or
5) his Relationship to another, (R)
EXCEPTIONS:
shall only be prima facie evidence of the death of the testator
(WACA) or intestate;
1) will (W) or
2) administration (A) or
3) the Condition, Status or Relationship of the
person, (C) however,
4) the Probate of a will or Granting of Letters of
Administration (A)
PROVIDED:
In other cases, the judgment or final order is, with conclusive between the parties and their successors in
respect to the matter directly adjudged or as interest, by title subsequent to the commencement of the
to any other matter that could have been action or special proceeding, litigating for the same thing and
missed in relation thereto, under the same title and in the same capacity.
(SECTION 47)
CONCLUSIVENESS OF JUDGMENT / COLLATERAL ESTOPPEL / AUTER ACTION PENDANT

In any other litigation between the same parties or their successors in interest, that only is deemed to have been
adjudged in a former judgment or final order which appears upon its face to have been so adjudged, or which
was actually and necessarily included therein or necessary thereto. (49a) (SECTION 47)
CONCLUSIVENESS OF JUDGMENT is applicable also to criminal cases. (LIGTAS VS. PEOPLE)
COLLATERAL ATTACK ON JUDGMENT, WHEN PROPER
EFFECT OF FOREIGN JUDGMENTS OR FINAL ORDERS

The effect of a judgment or final order of a tribunal of a foreign country, having jurisdiction to render the
judgment or final order is as follows:
IN CASE OF A JUDGMENT OR FINAL ORDER:

1) UPON A SPECIFIC THING
2) AGAINST A PERSON
UPON A SPECIFIC -- the judgment or final order, is conclusive upon the title to the thing, and
THING
AGAINST A PERSON -- the judgment or final order is presumptive evidence of a right as between the

Page 17
parties and their successors in interest by a subsequent title.

(SECTION 48)
REMEDY AGAINST FOREIGN JUDGMENT

In either case, the judgment or final order may be repelled by evidence of a (WWCFM)
1) Want of Jurisdiction, (W)
2) Want of Notice to the Party, (W)
3) Collusion, (C)
4) Fraud, (F) or
5) Clear Mistake of Law or Fact. (M) (50a) (SECTION 48)
FOREIGN DIVORCE MUST BE PROPERLY PLEADED

Judicial recognition of a foreign divorce requires that the national law of the foreign spouse and the divorce decree
be pleaded and proved as a fact before the Regional Trial Court.
The Filipino spouse may be granted the capacity to remarry once our courts find that the:
1) foreign divorce was validly obtained by the foreign spouse according to his or her national law, and
2) foreign spouse's national law considers the dissolution of the marital relationship to be absolute. (G.R. No.
199515)
PROOF OF DIVORCE
A divorce obtained abroad by an alien may be recognized in our jurisdiction, provided such decree is valid
according to the national law of the foreigner. However, before it can be recognized by our courts, the party
pleading it must: (FC)
1) prove the divorce as a Fact; and
2) demonstrate its Conformity to the foreign law allowing it,
which must be proved considering that our courts cannot take judicial notice of foreign laws. (G.R. No. 167109)
For this purpose, Philippine courts will only determine

1) whether the foreign judgment is inconsistent with an overriding public policy in the Philippines; and
2) whether any alleging party is able to prove an extrinsic ground to repel the foreign judgment,
i.e. want of jurisdiction, want of notice to the party, collusion, fraud, or clear mistake of law or fact. If there is
neither inconsistency with public policy nor adequate proof to repel the judgment, Philippine courts should, by
default, recognize the foreign judgment as part of the comity of nations. (G.R. No. 196049)
RECOGNITION OF FOREIGN DIVORCE JUDGMENT

Since the recognition of a foreign judgment only requires proof of fact of the judgment, it may be made in a special
proceeding for cancellation or correction of entries in the civil registry under Rule 108 of the Rules of Court.
Rule 1, Section 3 of the Rules of Court provides that "[a] special proceeding is a remedy by which a party seeks to
establish a status, a right, or a particular fact." Rule 108 creates a remedy to rectify facts of a person’s life which are
recorded by the State pursuant to the Civil Register Law or Act No. 3753. (G.R. No. 196049)
LAWS RELATING TO FAMILY RIGHTS AND DUTIES, OR TO THE STATUS, CONDITION AND
LEGAL CAPACITY OF PERSONS
GENERAL RULE:
Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon
citizens of the Philippines, even though living abroad. (9a) (NEW CIVIL CODE, ARTICLE 15)
EXCEPTIONS
1) Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter
validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have
capacity to remarry under Philippine law. (As amended by Executive Order 227) (FAMILY CODE, ARTICLE
26)

Page 18
2) Prohibitive laws concerning persons, their acts or property, and those which have for their object public order,
public policy and good customs shall NOT be rendered ineffective by laws or judgments promulgated, or by
determinations or conventions agreed upon in a foreign country. (11a) (ARTICLE 17)
FOREIGN DIVORCE MAY BE INITIATED BY A FILIPINO SPOUSE AGAINST ALIEN SPOUSE

A Filipino who initiated a foreign divorce proceeding is in the same place and in like circumstances as a Filipino
who is at the receiving end of an alien initiated proceeding. Therefore, the subject provision should not make a
distinction.
Conveniently invoking the nationality principle is erroneous. Such principle, found under Article 15 of the City
Code, is not an absolute and unbending rule. In fact, the mere existence of Paragraph 2 of Article 26 is a
testament that the State may provide for an exception thereto. Moreover, blind adherence to the nationality principle
must be disallowed if it would cause unjust discrimination and oppression to certain classes of individuals whose
rights are equally protected by law. (G.R. No. 221029)
FOREIGN DIVORCE MAY BE INITIATED BY FORMER FILIPINO SPOUSE

Article 26 (2) applies NOT only to cases where a foreigner was the one who procured a divorce of his/her marriage
to a Filipino spouse, but also to instances where, at the time of the celebration of the marriage, the parties were
Filipino citizens, but later on, one of them acquired foreign citizenship by naturalization, initiated a divorce
proceeding, and obtained a favorable decree. (G.R. No. 226013)
SIGNIFICANCE OF CITIZENSHIP IN FOREIGN DIVORCE PROCEEDING

The reckoning point is not the citizenship of the parties at the time of the celebration of the marriage, but their
citizenship at the time a valid divorce is obtained abroad by the alien spouse capacitating the latter to remarry.
(G.R. No. 212860)
NON-APPLICABILITY OF A.M. No. 02-11-10-SC

The Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages (A.M. No.
02-11-10-SC) does NOT apply in a petition to recognize a foreign judgment relating to the status of a
marriage where one of the parties is a citizen of a foreign country. (G.R. No. 196049)
APPLICABILITY OF FOREIGN DIVORCE DECREES

As a general rule, divorce decrees obtained by foreigners in other countries are recognizable in our
jurisdiction, but the legal effects thereof, e.g. on custody, care and support of the children, must still be
determined by our courts.
Before our courts can give the effect of res judicata to a foreign judgment, such as the award of custody to petitioner
by the German court, it must be shown that the parties opposed to the judgment had been given ample opportunity to
do so on grounds allowed under Rule 39, Section 50 of the Rules of Court (now Rule 39, Section 48, 1997 Rules of
Civil Procedure), to wit:XXXXX
It is essential that there should be an opportunity to challenge the foreign judgment, in order for the court in
this jurisdiction to properly determine its efficacy.
In this jurisdiction, our Rules of Court clearly provide that with respect to actions in personam, as distinguished
from actions in rem, a foreign judgment merely constitutes prima facie evidence of the justness of the claim of a
party and, as such, is subject to proof to the contrary. (G.R. No. 142820)
SPECIAL RULES OF COURT ON ALTERNATIVE DISPUTE RESOLUTION

ENFORCEMENT OF FOREIGN ARBITRAL AWARD
WHO MAY REQUEST RECOGNITION AND ENFORCEMENT OR SETTING ASIDE
Any party to an international commercial arbitration in the Philippines may petition the proper court to recognize
and enforce or set aside an arbitral award. (RULE 12.1)
EXECUTION OF FOREIGN JUDGMENT

The judgment of foreign tribunal CANNOT be enforced by execution in the Philippines.
Page 19
Such judgment only creates a right of action and its non – satisfaction, a cause of action, and it is necessary that
a suit be brought upon said foreign judgment in our local courts. (G.R. NO. 167052)
WHEN TO FILE PETITION

1) PETITION TO RECOGNIZE AND ENFORCE
The petition for enforcement and recognition of an arbitral award may be filed anytime from receipt of the
award.
If, however, a timely petition to set aside an arbitral award is filed, the opposing party must file therein and in
opposition thereto the petition for recognition and enforcement of the same award within the period for filing an
opposition. (RULE 12.1)
2) PETITION TO SET ASIDE

The petition to set aside an arbitral award may only be filed within three (3) months from the time the petitioner
receives a copy thereof.
If a timely request is made with the arbitral tribunal for correction, interpretation or additional award, the 3 month
period shall be counted from the time the petitioner receives the resolution by the arbitral tribunal of that
request.
A petition to set aside can NO longer be filed after the lapse of the 3 month period.
The dismissal of a petition to set aside an arbitral award for being time-barred shall not automatically result
in the approval of the petition filed therein and in opposition thereto for recognition and enforcement of the same
award.
Failure to file a petition to set aside shall preclude a party from raising grounds to resist enforcement of the
award.
VENUE
A petition to recognize and enforce or set aside an arbitral award may, at the option of the petitioner, be filed with
the Regional Trial Court:
1) where arbitration proceedings were conducted;
2) where any of the assets to be attached or levied upon is located;
3) where the act to be enjoined will be or is being performed;
4) where any of the parties to arbitration resides or has its place of business; or
5) in the National Capital Judicial Region. (RULE 12.3)
POST JUDGMENT REMEDIES OTHER THAN APPEAL

RULE 38 RELIEF FROM JUDGEMENT, ORDER, OR OTHER PROCEEDINGS
GROUNDS FOR PETITION FOR RELIEF FROM JUDGEMENT, ORDER, OR OTHER PROCEEDINGS
When a judgment or final order is entered, or any other proceeding is thereafter taken against a party in any court
through (FAME)
1) Fraud,
2) Accident,
3) Mistake or
4) Excusable negligence,
he may file a PETITION FOR RELIEF in such court and in the same case praying that the judgment, order
or proceeding be set aside. (2a) (SECTION 1)
PETITION FOR RELIEF FROM DENIAL OF APPEAL

GROUNDS FOR PETITION FOR RELIEF FROM DENIAL OF APPEAL
When a judgment or final order is rendered by any court in a case, and a party thereto, by (FAME)
1) Fraud,
2) Accident,
3) Mistake or
Page 20
has been prevented from taking an appeal, he may file a petition in such court and in the same case praying
that the appeal be given due course. (1a) (SECTION 2)
PETITION FOR RELIEF FROM JUDGMENT PETITION FOR ANNULMENT OF JUDGMENT

AS TO GROUNDS
When a judgment or final order is rendered by any GROUNDS FOR ANNULMENT
court in a case, and a party thereto, by (FAME) The annulment may be based only on the grounds of:
1) Fraud, (EF) (LJ)
2) Accident, 1) Extrinsic Fraud (EF) and
3) Mistake or 2) Lack of Jurisdiction. (LJ) (SECTION 2)
has been prevented from taking an appeal, he may
file a petition in such court and in the same case
praying that the appeal be given due course. (1a)
(SECTION 2)
AS TO PERIOD TO FILE
1) Within 60 days After the petitioner Learns of the 1) If based on Extrinsic Fraud, (EF)
judgment, final order, or other proceeding to be set -- the action must be filed within 4 years from its
aside, (60) and discovery;
2) NOT more than 6 months After such judgment or
final order was entered, or such proceeding was taken, 2) If based on Lack of Jurisdiction, (LJ)
(6) (3) (SECTION 3) -- before it is barred by laches or estoppel. (SECTION
3)
AS TO LIMITATION TO THE GROUND OF EXTRINSIC FRAUD

NONE. LIMITATION OF EXTRINSIC FRAUD
Extrinsic fraud shall NOT be a valid ground if: (AA)
1) it was Availed of, (A) or
2) Could have been Availed of, (A)
in a Motion for New Trial or Petition for Relief. (n)
(SECTION 2)
ANY COURT
The procedural change in Rule 38 is in line with Rule 5, prescribing uniform procedure for municipal and regional
trial courts and designation of municipal/metropolitan trial courts as courts of record. While Rule 38 uses the phrase
"any court", it refers only to municipal/metropolitan and regional trial courts. (G.R. No. 146845)
TIME FOR FILING PETITION FOR RELIEF AND CONTENTS AND VERIFICATION
PETITION FOR RELIEF FROM JUDGEMENT, ORDER, OR OTHER PROCEEDINGS must be verified,
filed: (60 – 6 – FAME)
1) Within 60 days After the petitioner Learns of the judgment, final order, or other proceeding to be set aside, (60)
and
2) NOT more than 6 months After such judgment or final order was entered, or such proceeding was taken, (6) and
must be accompanied with affidavits showing the:(FAME)
i. Fraud,
ii. Accident,
iii. Mistake or
iv. Excusable negligence,
relied upon, AND the FACTS constituting the petitioner’s good and substantial cause of action or defense, as the
case may be. (3) (SECTION 3)
60 DAY AND 6 MONTHS PERIOD

Page 21
A petition for relief from judgment must be filed within:

1) 60 days from knowledge of the judgment, order or other proceeding to be set aside; and
2) 6 months from the entry of such judgment, order or other proceeding.
These two periods must concur. Further, these periods could not be extended and could never be interrupted.
( G.R. No. 207433)
MOTION FOR NEW TRIAL OR PETITION FOR RELIEF

MOTION FOR RECONSIDERATION
AS TO WHEN AVAILABLE
Available BEFORE judgment becomes final and Available AFTER judgment becomes final and
executor. executor.
AS TO APPLICATION
Applies to judgments or final orders only. Applies to judgments, final orders and other
proceedings, Land Registration, Special Proceedings,
Order of Execution.
AS TO GROUNDS
(FAME) (NDE) (FAME)
1) Fraud, 1) Fraud,
2) Accident, 2) Accident,
3) Mistake or 3) Mistake or
4) Excusable negligence, 4) Excusable negligence,
5) Newly Discovered Evidence
AS TO WHEN FILED
Within the period for taking an appeal, (RULE 37, 1) Within sixty (60) days After the petitioner Learns of
SECTION 1) the judgment, final order, or other proceeding to be set
aside, (W60AL) and
2) NOT more than six (6) months After such judgment
or final order was entered, or such proceeding was taken,
(N6A) (3) (SECTION 3)
AS TO EFFECT OF DENIAL
The order of denial of the MOTION FOR NEW TRIAL The order denying a PETITION FOR RELIEF is NOT
or MOTION FOR RECONSIDERATION is NOT APPEALABLE. Hence, the remedy is appropriate
appealable. Hence, the remedy is appeal from the SPECIAL CIVIL ACTION under RULE 65.
judgment on the merits.
MOTION FOR NEW TRIAL OR PETITION FOR RELIEF

MOTION FOR RECONSIDERATION
AS TO NATURE
Legal remedy. Equitable remedy.
AS TO NECESSITY OF VERIFICATION
Motion need not be verified. Petition must be verified.
(1 REGALADO, supra at 442 – 443)
PRELIMINARY INJUNCTION PENDING PROCEEDINGS

BOND FOR PRELIMINARY INJUNCTION PENDING PROCEEDINGS
The court in which the petition is filed may grant such preliminary injunction as may be necessary for the
preservation of the rights of the parties, upon the filing by the petitioner of a bond in favor of the adverse
party, CONDITIONES that if the petition is dismissed or the petitioner fails on the trial of the case upon its
merits, he will pay the adverse party all damages and costs that may be awarded to him by reason of the issuance
of such injunction or the other proceedings following the petition,

Page 22
PROVIDED:
such injunction shall NOT operate to discharge or extinguish any lien which the adverse party may have
acquired upon, the property, of the petitioner. (5a) (SECTION 5)
RULE 47 ANNULMENT OF JUDGMENTS OF FINAL ORDERS AND RESOLUTIONS

COVERAGE
Judgments or final orders and resolutions in civil actions of Regional Trial Courts may be subject to
ANNULMENT OF JUDGMENTS OF FINAL ORDERS AND RESOLUTIONS by the Court of Appeals
when the: (PANO)
1) Petition for Relief (P)
2) Appeal, (A)
3) Ordinary remedies of New Trial, (N) or
4) Other appropriate remedies (O)
are NO longer available through NO fault of the petitioner. (n) (SECTION 1)
SUPREME COURT, COURT OF APPEALS AND COURT OF TAX APPEALS EN BANC CANNOT
ANNUL JUDGMENT OF THEIR DIVISIONS
SUPREME COURT, COURT OF APPEALS AND COURT OF TAX APPEALS EN BANC CANNOT
ANNUL JUDGMENT OF THEIR DIVISIONS. ANNULMENT OF JUDGMENT involves exercise of original
jurisdiction and implies power by a superior court against the final judgment, decision or ruling of an
inferior court based on the grounds of extrinsic fraud and lack of jurisdiction.
The DIVISIONS are NOT separate and distinct court but are divisions of one and the same COURT.
There is NO hierarchy of COURTS with the SUPREME COURT, COURT OF APPEALS AND COURT OF
TAX APPEALS, for each remains as one COURT NOTWITHSTANDING that they also work in
DIVISIONS. (G.R. NO. 199422)
GROUNDS FOR ANNULMENT

The annulment may be based only on the grounds of: (EF) (LJ)
1) Extrinsic Fraud (EF) and
2) Lack of Jurisdiction. (LJ) (SECTION 2)
LIMITATION OF EXTRINSIC FRAUD

in a Motion for New Trial or Petition for Relief. (n) (SECTION 2)
PETITION FOR RELIEF FROM JUDGMENT PETITION FOR ANNULMENT OF JUDGMENT

AS TO GROUNDS
When a judgment or final order is rendered by any GROUNDS FOR ANNULMENT
court in a case, and a party thereto, by (FAME) The annulment may be based only on the grounds of:
1) Fraud, (EF) (LJ)
2) Accident, 1) Extrinsic Fraud (EF) and
3) Mistake or 2) Lack of Jurisdiction. (LJ) (SECTION 2)
has been prevented from taking an appeal, he may
file a petition in such court and in the same case
praying that the appeal be given due course. (1a)
(SECTION 2)
AS TO PERIOD TO FILE
1) Within 60 days After the petitioner Learns of the 1) If based on Extrinsic Fraud, (EF)

Page 23
judgment, final order, or other proceeding to be set -- the action must be filed within 4 years from its
aside, (60) and discovery;
2) NOT more than 6 months After such judgment or
final order was entered, or such proceeding was taken, 2) If based on Lack of Jurisdiction, (LJ)
(6) (3) (SECTION 3) -- before it is barred by laches or estoppel. (SECTION
3)
AS TO LIMITATION TO THE GROUND OF EXTRINSIC FRAUD

NONE. LIMITATION OF EXTRINSIC FRAUD
in a Motion for New Trial or Petition for Relief. (n)
(SECTION 2)
AUTHORITY OF THE SUPREME COURT

Where a PETITION FOR ANNULMENT OF JUDGMENT was dismissed by the COURT OF APPEALS, the
SUPREME COURT is without jurisdiction to entertain another PETITION FOR ANNULMENT in the guise
of SPECIAL CIVIL ACTION FOR CERTIORARI UNDER RULE 65.
The remedy of the petitioner is to file a PETITION FOR REVIEW ON CERTIORARI UNDER RULE 45.
(G.R. No. 118633)
PERIOD FOR FILING ACTION

1) IF BASED ON EXTRINSIC FRAUD
2) IF BASED ON LACK OF JURISDICTION
IF BASED ON the action must be filed within 4 years from its discovery;
EXTRINSIC FRAUD
IF BASED ON LACK before it is barred by laches or estoppel.

OF JURISDICTION
(SECTION 3)
LACHES OR STALE DEMANDS PRESCRIPTION OR STATUTE OF

LIMITATIONS
Based upon the grounds of public policy which Not a mere question of time but is principally a
requires, for the peace of society, the discouragement question of the inequity or unfairness of permitting a
of stale claims. right or claim to be enforced or asserted.
(G.R. NO. L - 21450)
COMMENCEMENT OF ACTION
The action shall be commenced by: (VPS)
1) Filing a Verified Petition alleging therein (V)
2) WITH Particularity the Facts and the Law relied upon for annulment, (P)
3) as well as those Supporting the petitioner’s Good and Substantial cause of action or defense, as the case may be.
(S) (SECTION 4)
ANNULMENT OF JUDGMENTS OR FINAL ANNULMENT OF JUDGMENTS OR FINAL

ORDERS OF REGIONAL TRIAL COURTS ORDERS OF MUNICIPAL TRIAL COURTS
AS TO COURT THAT HAS EXCCLUSIVE ORIGINAL JURISDICTION O

Judgments or final orders and resolutions in civil actions An action to annul a judgment or final order of a
of Regional Trial Courts may be subject to Municipal Trial Court shall be filed in the Regional

Page 24
ANNULMENT OF JUDGMENTS OF FINAL Trial Court having jurisdiction over the former. (n)
ORDERS AND RESOLUTIONS by the Court of (SECTION 10)
Appeals (n) (SECTION 1)
AS TO DISCRETION TO DISMISS THE PETITON OUTRIGHT

Should the COURT OF APPEALS find no substantial The REGIONAL TRIAL COURT has no such
merit in the petition, the same may be dismissed discretion. The RULE ON ANNULMENT OF
outright with specific reasons for such dismissal. JUDGMENTS OR FINAL ORDERS does not make of
(SECTION 5) the same rule applicable to petitions for annulment
filed before the REGIONAL TRIAL COURT.
CERTIFICATION OF NON – FORUM SHOPPING

The petitioner shall also submit together with the petition a CERTIFICATION OF NON – FORUM SHOPPING
under oath that: (CS5)
1) he has NOT theretofore Commenced any other action involving the same issues in the Supreme Court, the Court
of Appeals or Different Divisions thereof, or any Other Tribunal or Agency; (C)
2) IF there is such other action or proceeding, he must State the Status of the same; (S) and
3) if he should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme
Court, the Court of Appeals, or different divisions thereof, or any other tribunal or agency, he undertakes to
promptly Inform the aforesaid courts and other tribunal or agency thereof within 5 days therefrom. (I5) (n)
(SECTION 4)
ACTION BY THE COURT

1) NO SUBSTANTIAL MERIT
Should the court find no substantial merit in the petition, the same may be dismissed outright with specific
reasons for such dismissal. (SECTION 5)
2) PRIMA FACIE MERIT

Should prima facie merit be found in the petition, the same shall be given due course and summons shall be
served on the respondent. (n) (SECTION 5)
EFFECT OF JUDGMENT
1) A judgment of annulment shall set aside the questioned judgment or final order or resolution and render the
same null and void, without prejudice to the original action being refiled in the proper court.
2) Where the judgment or final order or resolution is set aside on the ground of extrinsic fraud, the court may on
motion order the trial court to try the case as if a timely motion for new trial had been granted therein. (n)
(SECTION 7)
SUSPENSION OF PRESCRIPTIVE PERIOD

GENERAL RULE:
The prescriptive period for the refiling of the aforesaid original action shall be deemed suspended from the
filing of such original action until the finality of the judgment of annulment.
EXCEPTION:
However, the prescriptive period shall not be suspended where the extrinsic-fraud is attributable to the plaintiff
in the original action. (n) (SECTION 8)
RELIEF AVAILABLE
1) BEFORE EXECUTION OF ORDER
2) AFTER EXECUTION OF ORDER
1) BEFORE EXECUTION OF ORDER

The judgment of annulment may include the award of: (DAO)
i. Damages,

Page 25
ii. Attorney’s fees and

iii. Other relief.
2) AFTER EXECUTION OF ORDER

If the questioned judgment or final order or resolution had already been executed the court may issue such orders
of restitution or other relief as justice and equity may warrant under the circumstances. (n) (SECTION 9)
ANNULMENT OF JUDGMENTS OR FINAL ORDERS OF MUNICIPAL TRIAL COURTS

An action to annul a judgment or final order of a Municipal Trial Court shall be filed in the Regional Trial Court
having jurisdiction over the former.
It shall be treated as an ordinary civil action and sections 2, 3, 4, 7, 8 and 9 of this Rule shall be applicable
thereto. (n) (SECTION 10)
RULE 65 CERTIORARI, PROHIBITION AND MANDAMUS

CONSTITUTIONAL BASIS
The judicial power shall be vested in one Supreme Court and in such lower courts as may be established by law.
Judicial power includes to determine whether or not there has been a grave abuse of discretion amounting to
lack or excess of jurisdiction on the part of any branch or instrumentality of the Government. (1987
CONSTITUTION, ARTICLE VIII, SECTION 1)
ERROR OF JURISDICTION ERROR OF JUDGMENT

AS TO EXISTENCE OF JURISDICTION
Occurs when the court exercises a jurisdiction not An error of judgment presupposes that the court is
conferred upon it by law. vested with jurisdiction over the subject matter of the
action but in the process of exercising the jurisdiction
It may also occur when the court or tribunal although it committed mistakes in the appreciation of the facts
with jurisdiction, acts in excess of its jurisdiction or and the evidence leading to an erroneous judgment.
with grave abuse of discretion amounting to lack of
jurisdiction. (G.R. NO. 173396) Any error that the court may commit in the exercise of
its jurisdiction is merely an error of judgment which
does not affect its authority to decide the case, much
less divest the court of the jurisdiction over the case.
(G.R. NO. 125078)
AS TO REMEDY AVAILABLE
Reviewable only by the extraordinary writ of Reviewable by appeal. (G.R. NO. 129098)
certiorari. (G.R. NO. 129098)
AS TO EFFECT OF JUDGMENT RENDERED

If there is a total want of jurisdiction, the proceeding is When the court has jurisdiction, an erroneous decision is
an absolute nullity. not void.
It confers no right and affords no protection and will be The judgment cannot be considered a nullity and
announced void when collaterally attacked. therefore cannot be collaterally attacked.
Such is binding on the parties unless reverse or annulled.

(1 RIANO, supra at 57 – 59)
LACKING OF A tribunal is lacking of jurisdiction when it is devoid of legal power, right or authority to
JURISDICTION hear and determine a cause or causes, considered either in general or with reference to a
particular matter.
EXCESS OF there is excess of jurisdiction when an act, though within the general power of a tribunal,
JURISDICTION board, or officer, is not authorized and invalid with respect to the particular proceeding,

Page 26
because the conditions which alone authorize the exercise of the general power in respect of it
are wanting.
(G.R. No. 223228)
PETITION FOR CERTIORARI (TEA – GA)

1) When any Tribunal, Board or Officer (T)
2) Exercising Judicial or Quasi-Judicial Functions (E)
3) has Acted Without or in Excess its or his Jurisdiction, (A) or
4) with Grave Abuse of Discretion Amounting to Lack or Excess of Jurisdiction, (G) and
5) there is NO Appeal, or any Plain, Speedy, and Adequate Remedy in the ordinary course of law, (A)
a person aggrieved thereby may file a VERIFIED PETITION FOR CERTIORARI in the proper court, alleging
the facts with certainty and praying that judgment be rendered annulling or modifying the proceedings of such
tribunal, board or officer, and granting such incidental reliefs as law and justice may require. (SECTION 1)
WHEN PETITION FILED

GENERAL RULE:
The petition shall be filed NOT later than 60 days from notice of the judgment, order or resolution.
In case a motion for reconsideration or new trial is timely filed, whether such motion is required or NOT, the
petition shall be filed NOT later than 60 days counted from the notice of the denial of the motion. (SECTION
4)
AGGRIEVED PARTY
In a situation wherein the order or decision being questioned underwent adversarial proceedings before a trial court,
the "person aggrieved" referred to under Section 1 of Rule 65 who can avail of the special civil action
of certiorari pertains to one who was a party in the proceedings before the lower court.
The general rule, therefore, is that a person NOT a party to the proceedings in the trial
court CANNOT maintain an action for certiorari in the CA or the Supreme Court to have the order or
decision of the trial court reviewed.
Another important consideration for allowing SRMO to file a petition for certiorari is the rule on real patty in
interest, which is applicable to private litigation.
REAL PARTY -- is the party who stands to be (BIE)

IN INTEREST 1) Benefited (B) or
2) Injured by the judgment in the Suit, (I) or
3) the party Entitled to the Avails of the Suit. (E)
(SECTION 2)
"Interest" within the meaning of the rule means material interest, an interest in issue and to be affected by the
decree, as distinguished from mere interest in the question involved, or a mere incidental interest.
By real interest is meant a present substantial interest, as distinguished from a mere expectancy or a future,
contingent, subordinate, or consequential interest. (G.R. No. 181186)
CERTIORARI POWER OF THE COURT OF TAX APPEALS

While the above statute confers on the CTA jurisdiction to resolve tax disputes in general, this does not
include cases where the constitutionality of a law or rule is challenged.
Where what is assailed is the validity or constitutionality of a law, or a rule or regulation issued by the
administrative agency in the performance of its quasi legislative function, the regular courts have jurisdiction
to pass upon the same.

Page 27
The determination of whether a specific rule or set of rules issued by an administrative agency contravenes the law
or the constitution is within the jurisdiction of the regular courts. Indeed, the Constitution vests the power of judicial
review or the power to declare a law, treaty, international or executive agreement, presidential decree, order,
instruction, ordinance, or regulation inthe courts, including the regional trial courts.
This is within the scope of judicial power, which includes the authority of the courts to determine in an appropriate
action the validity of the acts of the political departments.
the power of the CTA includes that of determining whether or not there has been grave abuse of discretion
amounting to lack or excess of jurisdiction on the part of the RTC in issuing an interlocutory order in cases
falling within the exclusive appellate jurisdiction of the tax court.
It, thus, follows that the CTA, by constitutional mandate, is vested with jurisdiction to issue writs of certiorari
in these cases. (G.R. No. 210987)
The Secretary of Justice has the discretion, upon motion or motu proprio, to act on any matter that may cause a
probable miscarriage of justice in the conduct of a preliminary investigation. This action may include, but is not
limited to, the conduct of a reinvestigation.
Furthermore, a petition for certiorari under Rule 65 questioning the regularity of preliminary investigation
becomes moot after the trial court completes its determination of probable cause and issues a warrant of
arrest.
The determination by the Department of Justice of the existence of probable cause is not a quasi-judicial
proceeding.
However, the actions of the Secretary of Justice in affirming or reversing the findings of prosecutors may still
be subject to judicial review if it is tainted with grave abuse of discretion. (G.R. No. 201622)
a petition for certiorari, prohibition, and. mandamus was filed against the Secretary of Justice's issuance of a
department order. The assailed order directed all prosecutors to forward all cases already filed against Celso de los
Angeles of the Legacy Group to the Secretariat of the Special Panel created by the Department of Justice.
This court dismissed the petition on the ground that petitions for certiorari and prohibition are directed only
to tribunals that exercise judicial or quasi-judicial functions.
The issuance of the department order was a purely administrative or executive function of the Secretary of
Justice.
While the Department of Justice may perform functions similar to that of a court of law, it is not a quasi-judicial
agency:
The fact that the DOJ is the primary prosecution arm of the Government does not make it a quasi-judicial
office or agency.
Its preliminary investigation of cases is not a quasi-judicial proceeding.
Nor does the DOJ exercise a quasi-judicial function when it reviews the findings of a public prosecutor on the
finding of probable cause in any case. (G.R. No. 201622)
PETITION FOR CERTIORARI CANOT BE USED TO RAISE ERRORS OF JUDGMENT TO

CIRCUMVENT THE PROHIBITION AGAINST DOUBLE JEOPARDY
Certiorari will NOT be issued to cure errors by the trial court in its appreciation of the evidence of the parties,
and its conclusions anchored on the said findings and its conclusions of law.
Since NO error of jurisdiction can be attributed to Public respondent in her assessment of the
evidence, certiorari will not lie. (G.R. NO. 228494 – 96)

Page 28
FINDINGS OF FACT OF THE COURT OF APPEALS

In original actions for certiorari under RULE 65, the findings of fact of the COURT OF APPEALS are NOT
conclusive or binding upon the SUPREME COURT. (G.R. NO. L – 1350)
CERTIORARI AGAINST ORDER DENYING / DENYING THE MOTION TO DISMISS

GENERAL RULE:
An order denying a motion to dismiss, being merely interlocutory, CANNOT be the basis of petition for
certiorari. (G.R. NOP. 201378)
EXCEPTION:
If the question is on the jurisdiction of the court in issuing the order, an original action for certiorari may be
directed against an interlocutory order of the lower court prior to an appeal from the judgment. (G.R. NOP.
165001)
CERTIORARI AS AN INDEPENDENT ACTION

PETITION FOR CERTIORARI filed with the COURT OF APPEALS is an independent and original action
so there is a need for the COURT OF APPEALS to acquire jurisdiction over the person of the parties to the
case before it can be resolve the merits.
Jurisdiction may be acquired either upon service of the order of resolution indicating COURT OF APPEALS initial
action or voluntary submission of the parties. (G.R. NO. 194134)
MANDATORY ATTACHED DOCUMENTS

PETITION FOR CERTIORARI shall be accompanied by a certified true copy of the judgment, order or
resolution subject thereof, copies of all pleadings and documents relevant and pertinent thereto, and a sworn
certification of non-forum shopping as provided in the third paragraph of section 3, Rule 46. (1a) (SECTION 1)
PETITON FOR PROHIBITION (TE – WGA)

1) When the proceedings of any Tribunal, Corporation, Board, Officer or Person, (T)
2) whether Exercising Judicial, Quasi-Judicial or Ministerial Functions, (E)
3) are Without or in Excess its or his Jurisdiction, (W) or
a person aggrieved thereby may file a VERIFIED PETITON FOR PROHIBITION in the proper court, alleging
the facts with certainty and praying that judgment be rendered commanding the respondent to desist from further
proceedings in the action or matter specified therein, or otherwise granting such incidental reliefs as law and justice
may require. (SECTION 2)
RATIONALE:
A petition for prohibition is also NOT the proper remedy to assail an IRR issued in the exercise of a quasi-legislative
function.
Prohibition lies against judicial or ministerial functions, but NOT against legislative or quasi-legislative
functions. (G.R. No. 210500) (G.R. No. 210500)
(G.R. No. 210500)
To be a valid exercise of police power, there must be a lawful subject and the power is exercised through lawful
means. The second requisite requires a reasonable relation between the purpose and the means.
Using the parameters above, we hold that the increases reflected in the issuances of respondents are reasonably
necessary to observe the constitutional mandate of promoting social justice under the Social Security Act.
The public interest involved here refers to the State's goal of establishing, developing, promoting, and
perfecting a sound and viable tax-exempt social security system.

Page 29
To achieve this, the Social Security System and the Social Security Commission are empowered to adjust from time
to time the contribution rate and the monthly salary credits. Given the past increases since the inception of the law,
the contribution rate increase of 0.6% applied to the corresponding monthly salary credit does not scream of
unreasonableness or injustice. (G.R. No. 210500)
WHEN PETITION FILED

GENERAL RULE:
In case a motion for reconsideration or new trial is timely filed, whether such motion is required or not, the
4)
WRIT OF PROHIBITION
Prohibition is an extraordinary prerogative writ of a preventive nature, whose proper function is to prevent courts
or other tribunals, officers or persons from usurping or exercising jurisdiction with which they are not vested
by law. (G.R. NO. 202618)

PETITON FOR PROHIBITION shall be accompanied by a certified true copy of the judgment, order or
resolution subject thereof, copies of all pleadings and documents relevant and pertinent thereto, and a sworn
certification of non-forum shopping as provided in the third paragraph of section 3, Rule 46. (1a) (SECTION 2)
ACCOMPLISHED FACTS (acts fait accompli)

GENERAL RULE:
Prohibition does NOT ordinarily lie to restrain an act which is already an ACCOMPLISHED FACTS. (G.R.
NO. 175049)
EXCEPTIONS:
1) Courts will decide a question otherwise moot if it is capable of repetition yet evading review, such as:
i. The question of constitutionality of the PRESIDENT’s appointment of DEPARTMENT SECRETARIES
in an acting capacity while CONGRESS is in session; or the
ii. appointment or designation of DEPARTMENT UNDERSECRETARY as OFFICER – IN – CHARGE
of an attached agency; and
2) Writ of prohibition will lie to prevent the unlawful creation of a new province by those in the corridors of power
who could avoid judicial intervention and review by merely speedily and stealthily completing the commission of
such illegality. (G.R. NO. 164978) (G.R. NO. 184740) (G.R. NO. 148334) (G.R. NO. 73155)
NO VIOLATION ON RIGHT TO TRAVEL

Any bearing that Proclamation No. 475 may have on the right to travel is merely corollary to the closure of Boracay
and the ban of tourists and non-residents therefrom which were necessary incidents of the island's rehabilitation.
There is certainly NO showing that Proclamation No. 475 deliberately meant to impair the right to travel.
The questioned proclamation is clearly focused on its purpose of rehabilitating Boracay and any intention to
directly restrict the right CANNOT, in any manner, be deduced from its import. (G.R. No. 238467)
ACT OF POLICE POWER ON BORACAY CLOSURE

Undoubtedly, Proclamation No. 475 is a valid police power measure.
To repeat, police power constitutes an implied limitation to the Bill of Rights, and that even liberty itself, the
greatest of all rights, is subject to the far more overriding demands and requirements of the greater number.
It must be stressed, though, that "when the conditions so demand as determined by the legislature, property rights
must bow to the primacy of police power because property rights, though sheltered by due process, must yield to
general welfare."

Page 30
Otherwise, police power as an attribute to promote the common good would be diluted considerably if on the mere
plea of petitioners that they will suffer loss of earnings and capital, government measures implemented pursuant to
the said state power would be stymied or invalidated. (G.R. No. 238467)
NO VESTED RIGHTS ON BORACAY

A right is not 'vested' unless it is more than a mere expectancy based on the anticipated continuance of present laws;
it must be an established interest in property, not open to doubt.
To be vested in its accurate legal sense, a right must be complete and consummated, and one of which the person to
whom it belongs cannot be divested without his consent.
Besides, Proclamation No. 475 does not strip Zabal and Jacosalem of their right to work and earn a living.
They are free to work and practice their trade elsewhere.
That they were not able to do so in Boracay, at least for the duration of its closure, is a necessary consequence
of the police power measure to close and rehabilitate the island. (G.R. No. 238467)
NO INTRUSION INTO THE LOCAL AUTONOMY OF BORACAY CLOSURE

The fact that other government agencies are involved in the rehabilitation works does not create the inference that
the powers and functions of the LGUs are being encroached upon. The respective roles of each government agency
are particularly defined and enumerated in Executive Order No. 53 and all are in accordance with their respective
mandates. (G.R. No. 238467)
JURISPRUDENCE:
A petition for prohibition is a proper remedy to prohibit or nullify acts of executive officials that amount to
usurpation of legislative authority. (G.R. NO. 177130)
Where the principal relief sought is to invalidate an IRR issued pursuant to the quasi – legislative power of the
committee, petitioners’ remedy is an ordinary action for its nullification, an action which properly falls under the
jurisdiction of the REGIONAL TRIAL COURT. (G.R. NO. 163980)
Since the issuance of the EXECUTIVE ORDER is not a judicial or quasi – judicial act, a petition for prohibition is
an incorrect remedy. Instead, a petition for declaratory relief, filed with the REGIONAL TRIAL COURT, is the
proper recourse to assail the validity of an EXECUTIVE ORDER. (G.R. NO. 193978)
In exercising the power to demolish and evict illegal structures, the respondents are clearly not exercising judicial or
quasi – judicial powers or ministerial duties. Hence, there is clearly a discretion on the part of the respondents.(G.R.
NO. 200903)
Prohibition, and not mandamus, is the remedy where a motion to dismiss is improperly denied. (G.R. NO. L – 2422)
PROHIBITION INJUNCTION
AS TO NATURE
It is a SPECIAL CIVIL ACTION. It is always the main It is an ORIGINAL CIVIL ACTION. It may be the main
action. action itself or just a provisional remedy.
AS TO AGAINST WHOM DIRECTED

Directed against a court, tribunal or a person exercising Directed against a party in the action.
judicial, quasi – judicial or ministerial functions.
Generally, it involves acts and transactions of private
individuals.
AS TO GROUNDS
It is based on the ground that the court against whom the It does not involve the jurisdiction of the court.
writ is sought had acted, is acting, or is about to act

Page 31
without or in excess of jurisdiction.
AS TO JUDGMENT
Commands respondent to desist from proceeding in the May be either to compel the defendant to do an act, or to
action. restrain him from doing such an act.
(GUBAT, supra at 665)
PETITION FOR MANDAMUS (TNE – UP)

1) When any Tribunal, Corporation, Board, Officer or Person, (T)
2) Unlawfully Neglects the Performance of an act (N)
3) which the Law Specifically Enjoins as a Duty resulting from an office, trust, or station, (E) or
4) Unlawfully Excludes Another from the use and enjoyment of a right or office to which such other is entitled,
(U) and
5) there is NO other Plain, Speedy, and Adequate Remedy in the ordinary course of law, (P)
the person aggrieved thereby may file a VERIFIED PETITION FOR MANDAMUS in the proper court, alleging
the facts with certainty and praying that judgment be rendered commanding the respondent, immediately or at some
other time to be specified by the court, to do the act required to be done to protect the rights of the petitioner, and to
pay the damages sustained by the petitioner by reason of the wrongful acts of the respondent. (SECTION 3)
The petition shall also contain a sworn certification of non-forum shopping as provided in the third paragraph of
section 3, Rule 46. (3a) (SECTION 3)
INDISPENSABLE REQUIREMENT
Petitioner's legal right must be clearly shown and the petition must also prove that respondents indeed
neglected to do a ministerial duty mandated by law.
In contrast with discretionary duty, ministerial duty does not involve the exercise of judgment. It is a duty where an
officer or tribunal, for that matter, undertakes one's tasks in a prescribed manner and in compliance with the law,
without regard to one's own judgment.
Notably, the foregoing requirements were not established in the case.
Let it be underscored that petitioner's indictment for Rape has nothing to do with his purported membership in an
ICC, but by reason of his alleged acts that is covered by the RPC. At the same time, RA 8371 does not serve as a bar
for criminal prosecution because crime is an offense against the society.
Thus, penal laws apply to individuals without regard to his or her membership in an ICC.
Definitely, customary laws and practices of the IPs may be invoked provided that they are NOT in conflict
with the legal system of the country.
There must be legal harmony between the national laws and customary laws and practices in order for the latter to
be viable and valid and must not undermine the application of legislative enactments, including penal laws.
The recent case of Ha Datu Tawahig v. Lapinid26 (Ha Datu Tawahig) also involved a petition for mandamus against
a judge and prosecutor in relation to the prosecution of another IP member and tribal leader for rape.
Therein petitioner also relied on the provisions of RA 8371 maintaining that he was NOT covered by penal laws.
The Court explained in Ha Datu Tawahig that the intention of our laws to protect the IPs does NOT include
the deprivation of courts of its jurisdiction over criminal cases.
This means that members of the ICC who are charged with criminal offenses cannot simply invoke the provisions of
RA 8371 to evade prosecution and the possibility of criminal sanctions.

Page 32
Interestingly, herein petitioner raised substantially the same arguments as the petitioner in Ha Datu Tawahig. For
this reason, the Court reiterates Our earlier pronouncement that one's membership in an indigenous group shall
NOT hinder the filing of a criminal case against the concerned person.
This being the case, it follows that NO right of petitioner, as an alleged member of an ICC, was violated by
the filing of rape charges against him.
Thus, the first requirement for the issuance of a writ of mandamus is lacking. (G.R. No. 240056)
WHEN PETITION FILED

GENERAL RULE:
4)
ECOLOGICAL WASTE MANAGEMENT OF THE MMDA

The MMDA is duty-bound to comply with Sec. 41 of the Ecological Solid Waste Management Act (RA 9003)
which prescribes the minimum criteria for the establishment of sanitary landfills and Sec. 42 which provides the
minimum operating requirements that each site operator shall maintain in the operation of a sanitary landfill.
Complementing Sec. 41 are Secs. 36 and 37 of RA 9003, enjoining the MMDA and local government units,
among others, after the effectivity of the law on February 15, 2001, from using and operating open dumps for
solid waste and disallowing, five years after such effectivity, the use of controlled dumps.
The MMDA’s duty in the area of solid waste disposal, as may be noted, is set forth not only in the
Environment Code (PD 1152) and RA 9003, but in its charter as well.
This duty of putting up a proper waste disposal system cannot be characterized as discretionary, for, as earlier stated,
discretion presupposes the power or right given by law to public functionaries to act officially according to their
judgment or conscience. (G.R. Nos. 171947-48)
TREATY – MAKING POWER

NO treaty or international agreement shall be valid and effective unless concurred in by at least 2/3 of all the
MEMBERS OF THE SENATE. (SECTION 21)
AUTHORITY OF THE PRESIDENT

As the chief architect of foreign policy, the President acts as the country’s mouthpiece with respect to international
affairs.
Hence, the President is vested with the authority to deal with foreign states and governments, extend or
withhold recognition, maintain diplomatic relations, enter into treaties, and otherwise transact the business of
foreign relations.
In the realm of treaty-making, the President has the sole authority to negotiate with other states. (G.R. NO.
158088)
SERIOUS ILLNESS OF THE PRESIDENT

In case of SERIOUS ILLNESS OF THE PRESIDENT, the public shall be informed of the state of his health.
The members of the Cabinet in charge of national security and foreign relations and the Chief of Staff of the
Armed Forces of the Philippines, shall NOT be denied access to the PRESIDENT during such illness.
(SECTION 12)
RATIONALE:

Page 33
Envisions NOT just illness which incapacitates but also any serious illness which can be a matter of national
concern. (BERNAS, REVIEWER, supra at 293)
NOT SUBJECT TO MANDAMUS

The state of health or analysis as to the actual condition of the PRESIDENT should be left to the PRESIDENT
and his doctor, and that the burden is left to the OFFICE OF THE PRESIDENT to choose the appropriate
means of releasing information to the public. (G.R. NO. 252118)
MANDAMUS QUO WARRANTO

(Unlawfully Excludes Another from the use and
enjoyment of a right or office to which such other is
entitled, (UEA))
The proper remedy when the respondent unlawfully The respondent claims any right to the office and usurps,
excludes the petitioner from an office to which the latter intrudes into or unlawfully holds it against the petitioner.
is entitled without usurping, intruding into or unlawfully
holding the office.
(FERIA, supra at 714)
QUA WARRANTO MANDAMUS (IN GENERAL)

AS TO PURPOSE
It is designed to try the right or title to the office, if the It does not lie to try disputed titles but only to enforce
right or title to the office itself is disputed. (G.R. NO. L legal duties. (G.R. NO. L – 14803)
– 14803)
AS TO WHOM IT IS BROUGHT AGAINST

Brought against the holder of the office, not necessarily Brought against the person who is responsible for
the one who excludes the petitioner. (2 RIANO, supra unlawfully excluding the petitioner from office. (G.R.
at 269) NO. L -14803)
AS TO THE PARTY WHO MAY FILE THE ACTION

GENERAL RULE: It is commenced by a person who has a clear legal right
An action for the (UPPF) Usurpation of a Public Office, to the act demanded. It will never be issued in doubtful
Position or Franchise may be commenced by a cases. (2 RIANO, supra at 246)
VERIFIIED PETITION FOR QUO WARRANTO
brought in the name of the Republic of the Philippines.
EXCEPTION:
A person claiming to be entitled to a public office or
position usurped or unlawfully held or exercised by
another may bring an action therefor in his own name.
(6) (RULE 66, SECTION 5)
MANDAMUS MAY BE COMBINED WITH QUO WARRANTO

COMPLAINT FOR MANDAMUS is against the persons who exclude the plaintiff from the office in question,
while the PETITION FOR QUO WARRANTO is directed against the person who actually holds the said
office. (G.R. NO. L – 6538)
WRIT OF MANDAMUS IS A PREROGATIVE WRIT

Mandamus will lie to compel the discharge of the discretionary duty to itself but NOT control the discretion to
be exercised. (G.R. NO. 78742)
MANDAMUS TO BE USED TO COMPEL A DSICRETIONARY DUTY

GENERAL RULE:
It is only applicable to a ministerial duty.

Page 34
However, it can be used to the extent of requiring the performance of a discretionary duty to act but NOT to
require the performance of such duty in a particular manner. (G.R. NO. 78529)
EXCEPTIONS:
Where there has been: (GIP)
1) Grave abuse of discretion;
2) manifest Injustice; or
3) Palpable excess authority, in which case, the respondent can be ordered to act in a particular manner to control
the exercise of such discretion. (G.R. NO. 155307)
CLEAR LEGAL RIGHT TO THE PERFORMANCE OF THE ACT TO BE COMPELLED

Peremptory writ of mandamus is an extraordinary remedy that is issued only in extreme necessity, and the ordinary
course of procedure is powerless to afford an adequate and speedy relief to one who has a clear legal right to the
performance of the act to be compelled. (G.R. NO. 181149)

PETITION FOR MANDAMUS shall also contain a sworn certification of non-forum shopping as provided in
the third paragraph of section 3, Rule 46. (1a) (SECTION 2)
DISCRETIONARY -- one where public functionaries, by virtue of a power or right conferred upon them by
ACT law, can act officially under certain circumstances, uncontrolled by the judgment or
conscience of others.
-- a duty that which by its nature requires the exercise of judgment.

(G.R. NO. 97203) (G.R. NO. L - 7806)
MINISTERIAL ACT -- one which an officer or tribunal performs in a given state of facts, in a prescribed
manner, in obedience to the mandate of a legal authority, without regard to or the
exercise of his own judgment upon the propriety or impropriety of the act done.
(G.R. NO. 97203)
WHEN PETITION FILED

GENERAL RULE:
4)
MOTION FOR RECONSIDERATION AS PRE – REQUISITE:

GENERAL RULE:
MOTION FOR RECONSIDERATION is an essential precondition for the filing of petition for certiorari,
prohibition, or mandamus. (G.R. NO. 193058)
EXCEPTIONS:
These exceptions are: (PLUNDO – RUN)
1) Where the Proceedings were ex parte or in which the petitioner had NO opportunity to object;
2) Where the issue raised is one purely of Law or where public interest is involved.
3) Where there is an Urgent necessity for the resolution of the question and any further delay would prejudice the
interests of the Government or of the petitioner or the subject matter of the action is perishable;
4) Where the proceedings in the lower court are a Nullity for lack of due process;

Page 35
5) Where petitioner was Deprived of due process and there is extreme urgency for relief;
6) Where, in a criminal case, relief from an Order of arrest is urgent and the granting of such relief by the trial court
is improbable;
7) Where the questions raised in the certiorari proceeding have been duly Raised and passed upon by the lower
court, or are the same as those raised and passed upon in the lower court;
8) Where, under the circumstances, a motion for reconsideration would be Useless; and
9) Where the order is a patent Nullity, as where the Court a quo has NO jurisdiction; (G.R. No. 141637)
EXHAUSTION OF ADMINISTRATIVE REMEDIES

GENERAL RULE:
Mandamus will NOT issue when administrative remedies are still available. (G.R. NO. 160932)
EXCEPTIONS: (EL)
1) If the party is in Estoppel; and
2) If pure questions of Law are raised, because issues of law CANNOT be resolved with finality by the
administrative officer. (G.R. NO. L – 12944) (G.R. NO. L – 46218)
MANDAMUS INJUNCTION
AS TO NATURE
Essentially remedial. Employed to redress past Essentially preventive. Employed to prevent further
grievances. injury.
AS TO PURPOSE
Its functions are to set in motion and to compel action. Its functions are to restrain motion and to enforce
Its object is to change the status of affairs and to inaction. Preserves matters in status quo.
substitute action for inactivity.
WHERE PETITION FILED

1) ACT OR OMMISSION OF THE A MUNICIPAL TRIAL COURT OR OF A CORPORATION, A
BOARD, AN OFFICER OR A PERSON
If the petition relates to an act or an omission of a municipal trial court or of a corporation, a board, an officer
or a person, it shall be:
i. filed with the (RTC) Regional Trial Court exercising jurisdiction over the territorial area as defined
by the Supreme Court.
ii. also be filed with the Court of Appeals or with the SandiganBayan, whether or not the same is in aid
of the court’s appellate jurisdiction. (CA – SB)
2) ACT OR OMMISSION OF A QUASI – JUDICIAL AGENCY

If the petition involves an act or an omission of a quasi-judicial agency, unless otherwise provided by law or
these rules, the petition shall be filed with and be cognizable only by the Court of Appeals. (SECTION 4)
ADMINISTRATIVE FUNCTIONS OF ADMINISTRATIVE AGENCY

GENERAL RULE:
DOCTRINE OF JUDICIAL STABILITY OR NON – INTERFERENCE
NO court has the authority to interfere by injunction with the judgment or decrees of another court with
concurrent or coordinate jurisdiction possessing equal power to grant injunctive relief or to pass upon or
scrutinized and much less declare as unjust a judgment of another court. (G.R. NO. 141407)
A writ of certiorari or prohibition cannot be issued by the REGIONAL TRIAL COURT against an administrative
agency exercising quasi – judicial functions since the latter is of the same rank as the REGIONAL TRIAL COURT.

Page 36
EXCEPTION:
However, a writ of prohibition may be issued by the REGIONAL TRIAL COURT against an administrative
agencies exercising administrative functions. (G.R. NO. 170463)
3) ELECTION CASES INVOLVING ACT OR OMMISSION OF THE A MUNICIPAL TRIAL COURT OR

REGIONAL TRIAL COURT
In election cases involving an act or an omission of a municipal or a regional trial court, the petition shall be filed
exclusively with the Commission on Elections, in aid of its appellate jurisdiction.
(4a) (Bar Matter No. 803, 21 July 1998; A.M. No. 00-2-03-SC, A.M. No. 07-7-12-SC) (SECTION 4)
RESPONDENTS AND COSTS IN CERTAIN CASES

When the petition filed relates to the acts or omissions of a (JC – QJ – TCBOP) Judge, Court, Quasi-Judicial
agency, Tribunal, Corporation, Board, Officer or Person,
1) the petitioner shall join, as private respondent or respondents with such public respondent or respondents,
the person or persons interested in sustaining the proceedings in the court; and
2) it shall be the duty of such private respondents to appear and defend, both in his or their own behalf and in
behalf of the public respondent or respondents affected by the proceedings, and
3) the costs awarded in such proceedings in favor of the petitioner shall be against the private respondents only,
and not against the judge, court, quasi-judicial agency, tribunal, corporation, board, officer or person impleaded as
public respondent or respondents. (SECTION 5)
EFFECT OF THE PETITION AS TO THE PUBLIC RESPONDENTS

1) COURT A QUO
Unless otherwise specifically directed by the court where the petition is pending, the public respondents shall
not appear in or file an answer or comment to the petition or any pleading therein.
2) ELEVATED TO A HIGHER COURT

GENERAL RULE:
If the case is elevated to a higher court by either party, the public respondents shall be included therein as
nominal parties.
EXCEPTIONS:
However:
1) unless otherwise specifically directed by the court, they shall not appear or participate in the proceedings
therein; or (5a) (SECTION 5)
2) Where the actuations of a judge are assailed on grounds other than legal ones and imputing to the judge personal
motives, the judge cannot be blamed if he takes a personal interest in trying to disprove the imputations. (G.R. NO.
L – 4808)
PROCEEDINGS AFTER COMMENT IS FILED

The court may dismiss the petition if it finds the same:
1) patently without merit or
2) prosecuted manifestly for delay, or
3) if the questions raised therein are too unsubstantial to require consideration. (SECTION 8)
LIABILITY OF THE LAWYER AND PETITIONER

In such event, the court may award in favor of the respondent treble costs solidarily against the petitioner and
counsel, in addition to subjecting counsel to administrative sanctions under Rules 139 and 139-B of the Rules of
Court. (SECTION 8)
LIABILITY OF LAWYERS
The Court may impose motu proprio, based on res ipsa loquitur, other disciplinary sanctions or measures on
erring lawyers for patently dilatory and unmeritorious petitions for certiorari. (8a) (A.M. No. 07-7-12-SC,
[December 4, 2007]) (SECTION 8)

Page 37
CERTIORARI PROHIBITION MANDAMUS

AS TO WHOM DIRECTED
It is directed against any (TBO) It is directed against any (TCBOP) It is directed against any (TCBOP)
Tribunal, Board or Officer Tribunal, Corporation, Board, Tribunal, Corporation, Board,
exercising (J – QJ – F) Judicial or Officer or Person, (TCBOP) Officer or Person exercising
Quasi-Judicial Functions. whether exercising (J – QJ – MF) ministerial functions. (SECTION 3)
(SECTION 1) Judicial, Quasi-Judicial or
Ministerial Functions. (SECTION
2)
AS TO GROUNDS
(TBO) Tribunal, Board or Officer is (TCBOP) Tribunal, Corporation, (TCBOP) Tribunal, Corporation,
alleged to have acted: Board, Officer or Person is alleged Board, Officer or Person is alleged
1) has acted Without or in Excess its to have acted, acting, or is about to to have:
or his Jurisdiction, (WEJ) or act:
2) with Grave Abuse of Discretion 1) Without or in Excess its or his 1) Unlawfully Neglects the
Amounting to Lack or Excess of Jurisdiction, (WEJ) or Performance of an act (UNP) which
Jurisdiction, (GADALEJ) 2) with Grave Abuse of Discretion the Law Specifically Enjoins as a
(SECTION 1) Amounting to Lack or Excess of Duty resulting from an office, trust,
Jurisdiction. (GADALEJ) or station, (LSED) or
(SECTION 2) 2) Unlawfully Excludes Another
from the use and enjoyment of a
right or office to which such other
is entitled. (UEA) (SECTION 3)
AS TO PURPOSE
Purpose is to annul or nullify a Purpose is to have respondent desist Purpose is for respondent to do the
proceeding. from further proceeding. act required and to pay damages.
AS TO NATURE OF REMEDY
This remedy is CORRECTIVE, This remedy is PREVENTIVE This remedy is:
and that is to correct usurpation of AND NEGATIVE, and that is to 1) AFFIRMATIVE OR
authority. restrain or prevent usurpation of POSITIVE – if the performance of
jurisdiction. a duty is ordered; or
2) NEGATIVE – if a person is
ordered to desist from excluding
another from a right or office.
WHEN CERTIORARI, PROHIBITION, AND MANDAMUS NOT AVAILABLE

GENERAL RULE:
PETITIONS FOR CERTIORARI, PROHIBITION, AND MANDAMUS ARE AVAILABLE against an
interlocutory order.
EXCEPTIONS:
1) Petition for certiorari, mandamus, or prohibition against any interlocutory order issued by the court is a prohibited
petition in SMALL CLAIMS CASES (A. M. No. 08-8-7-SC, SECTION 16)
2) Petition for certiorari, mandamus or prohibition against any interlocutory order issued by the court is a prohibited
petition in the PETITION FOR WRIT OF HABEAS DATA.(THE RULE ON THE WRIT OF HABEAS DATA,
SECTION 13)
3) Petition for certiorari, mandamus or prohibition against any interlocutory order issued by the court is prohibited
petition in PETITION FOR WRIT OF AMPARO. (A.M. No. 07-9-12-SC, SECTION 11)

Page 38
4) Petition for certiorari, mandamus or prohibition against any interlocutory order issued by the court in cases
governed by the REVISED RULES ON SUMMARY PROCEDURE. (REVISED RULES ON SUMMARY
PROCEDURE, SECTION 19)
5) An agreement to refer a dispute to arbitration shall mean that the arbitral award shall be final and binding.
Consequently, a party to an arbitration is precluded from filing an appeal or a petition for certiorari
questioning the merits of an arbitral award. (A.M. No. 07-11-08-SC, RULE 19.7)
FINAL ORDER -- disposes of the subject matter in its entirety or terminates a particular
proceeding or action.
It leaves nothing else to be done by the COURT but to enforce by execution what has
been determined by the COURT.
It is APPEALABLE.
(G.R. NO. 199501)
INTERLOCUTORY -- does NOT dispose of the case completely but leaves something to be decided upon
ORDER by the COURT.
Its effects are merely provisional in character and substantial proceedings have to be
further conducted by the COURT in order to finally resolve the issue or controversy.
It is NOT APPEALABLE.
(G.R. NO. 199501)
ORDER DENYING A MOTION TO DISMISS

An ORDER DENYING A MOTION TO DISMISS is classified as an interlocutory order, thus, NOT
APPEALABLE.
A party’s recourse is to file answer, with the option to include grounds stated in the MOTION TO DISMISS,
and to proceed to trial.
In the event that an adverse judgment is rendered, the party can file an appeal and raise the interlocutory
order as an error.
However, a party may question an interlocutory order without awaiting judgment after trial if its issuance if
tainted with grave abuse of discretion amounting to lack or excess of jurisdiction. (G.R. NO. 201378)
APPEALS
NATURE OF APPEAL
The right to appeal is neither a natural right nor is it a component of due process.
It is a mere statutory privilege, and may be exercised only in the manner and in accordance with the
provisions of law.
An appealing party must strictly comply with the requisites laid down in the Rules of Court.
Deviations from the Rules CANNOT be tolerated. (G.R. No. 181182)
perfection of an appeal in the manner and within the period prescribed by law is NOT only mandatory but
jurisdictional, and failure to conform to the rules will render the judgment sought to be reviewed final and
unappealable. (G.R. No. 154002)

Page 39
Suffice it to say that workload and resignation of the lawyer handling the case are insufficient reasons to
justify the relaxation of the procedural rules.
Heavy workload is relative and often self-serving. (G.R. No. 188839)
RULE 40 APPEAL FROM MUNICIPAL TRIAL COURTS TO THE REGIONAL TRIAL COURTS
ORDINARY APPEAL PETITION FOR REVIEW

AS TO APPLICABILITY
The case was decided by the MUNICIPAL TRIAL The case was decided by the REGIONAL TRIAL
COURT OR REGIONAL TRIAL COURT pursuant to COURT pursuant to its appellate jurisdiction.
its original jurisdiction.
AS TO TRANSFER OF RECORDS
All the records are elevated from the court of origin. No records are elevated unless the court decrees it.
AS TO WHERE FILED
NOTICE OF APPEAL OR RECORD ON APPEAL is Filed with the COURT OF APPEALS.
filed with court of origin.
AS TO COURT ACTION
The court has no discretion to deny the notice of appeal Review of a decision through a petition for review is
or record on appeal if it is filed within the reglementary discretionary.
period.
The Court of Appeals may:
The notice of appeal does NOT require the approval 1) require the respondent to file a comment on the
of the court. The function of the notice of appeal is petition, not a motion to dismiss, within 10 days from
merely to notify the trial court that the appellant was notice, or
availing of the right to appeal, and not to seek the 2) dismiss the petition if it finds the same to be
court’s permission that he be allowed to pose an patently without merit, prosecuted manifestly for
appeal. (A.M. No. RTJ-07-2036) delay, or that the questions raised therein are too
insubstantial to require consideration. (n) (RULE 42,
SECTION 4)
AS TO GOVERNING RULES
RULES 40 AND 41 RULE 42
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. (a) (SECTION 1)
WHEN TO APPEAL
NOTICE OF APPEAL IS REQUIRED
An appeal may be taken within 15 days after notice to the appellant of the judgment or final order appealed
from. (SECTION 2)
RECORD ON APPEAL IS REQUIRED

Where a record on appeal is required, the appellant shall file a notice of appeal and a record on appeal within 30
days after notice of the judgment or final order. (SECTION 2)
PERIOD OF APPEAL INTERRUPTED

Page 40
The period of appeal shall be interrupted by a timely motion for new trial or reconsideration. (SECTION 2)
MOTION FOR EXTENSION OF TIME TO FILE

NO motion for extension of time to file a motion for new trial or reconsideration shall be allowed. (n) (SECTION
2)
HOW TO APPEAL
1) WITHN NOTICE OF 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. (SECTION 3)
2) WITH RECORD ON APPEAL

A record on appeal shall be required only: (SP) (O)
i. in Special Proceedings (SP) and
ii. in Other cases of multiple or separate appeals. (O) (SECTION 3)
PERFECTION OF APPEAL
The perfection of the appeal and the effect thereof shall be governed by the provisions of section 9, Rule 41. (n)
(SECTION 4) (RULE 41, SECTION 9)
AS TO NOTICE OF APPEAL
A party’s appeal by notice of appeal is deemed perfected as to him upon the filing of the notice of appeal in due
time. (SECTION 4) (RULE 41, SECTION 9)
AS TO RECORD ON APPEAL
A party’s appeal by record on appeal is deemed perfected as to him with respect to the subject matter thereof
upon the approval of the record on appeal filed in due time. (SECTION 4) (RULE 41, SECTION 9)
EFFECT OF FILING NOTICE OF APPEAL

In appeals by notice of appeal, the court loses jurisdiction over the case upon: (PE)
1) the Perfection of the Appeals filed in due time (P) and
2) the Expiration of the Time to appeal of the other parties. (E) (SECTION 4) (RULE 41, SECTION 9)
EFFECT OF FILING RECORD ON APPEAL

In appeals by record on appeal, the court loses jurisdiction ONLY over the subject matter thereof upon: (A) (E)
1) the Approval of the records on appeal filed in due time (A) and
2) the Expiration of the appeal of the other parties. (E) (SECTION 4) (RULE 41, SECTION 9)
RESIDUAL JURISDICTION
In either case, prior to the transmittal of the original record or the record on appeal, the court may issue orders
for: (PAPOW)
1) the Protection and Preservation of the Rights of the parties which do NOT involve any matter litigated by the
appeal, (P)
2) Approve Compromises, (A)
3) Permit Appeals of Indigent litigants, (P)
4) Order Execution Pending appeal, (O) and
5) allow Withdrawal of the Appeal. (W) (9a) (SECTION 4) (RULE 41, SECTION 9)
APPEAL FROM ORDERS DISMISSING CASE WITHOUT TRIAL

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. (SECTION 8)
EFFECT OF THE DECISION ON THE GROUND OF LACK JURISDICITON

Page 41
1) IN CASE OF AFFIRMANCE
In case of affirmance of the order of the lower court and the ground of dismissal is lack of jurisdiction over the
subject matter, the Regional Trial Court, if it has jurisdiction there over, shall try the case on the merits as if
the case was originally filed with it.
2) IN CASE OF AFFIRMANCE
In case of reversal of the order of the lower court and the ground of dismissal is lack of jurisdiction over the
subject matter, the case shall be remanded by the Regional Trial Court for further proceedings. (SECTION 8)
3) IF THE CASE WAS TRIED ON THE MERITS BY THE LOWER COURT WITHOUT JURISDICTION
If the case was tried on the merits by the lower court without jurisdiction over the subject matter, (DDP)
i. the Regional Trial Court on appeal shall NOT Dismiss the case if it has Original jurisdiction thereof, (D)
ii. but shall Decide the case on the Merits as if the case was Originally filed with it, (DMO)
iii. WITHOUT Prejudice to the Admission of amended pleadings and additional evidence in the interest of
justice. (P) (n) (SECTION 8)
RULE 41 APPEAL FROM THE REGIONAL TRIAL COURTS

SUBJECT OF APPEAL
An appeal may be taken from: (JP)
1) a Judgment or final order that Completely Disposes of the case, (J) or
2) of a Particular matter therein when Declared by these Rules to be Appealable. (P) (SECTION 1)
NO APPEAL
NO appeal may be taken from: (DID – D – JED)
1) An order Denying a Petition for Relief or any similar motion seeking relief from judgment; (D)
2) An Interlocutory Order; (I)
3) An order Disallowing or Dismissing an Appeal; (D)
4) An order Denying a motion to set aside a judgment by (CCC) Consent, Confession or Compromise on the
ground of: (FMDO)
i. fraud, (F)
ii. Mistake (M) or
iii. Duress, (D) or
iv. any Other ground Vitiating Consent; (O)
5) A Judgment or final order: (1SCC3rd )
i. for or Against 1 or More of several parties (1) or
ii. in Separate Claims, (S)
iii. Counterclaims, (C)
iv. Cross-Claims (C) and
v. 3rd -party complaints, (3rd )
while the main case is pending, unless the court allows an appeal therefrom;
6) An order of Execution; (E) and
7) An order Dismissing an action WITHOUT Prejudice. (D)
REMEDY OF THE AGGRIEVED PARTY

In any of the foregoing circumstances, the aggrieved party may file an appropriate special civil action as
provided in Rule 65. (A.M. No. 07-7-12-SC, [December 4, 2007]) (SECTION 1)
MODES OF APPEAL:
1) ORDINARY APPEAL
2) PETITION FOR REVIEW
3) APPEAL BY CERTIORARI
ORDINARY — The appeal to the Court of Appeals in cases decided by the Regional Trial Court in the
APPEAL exercise of its original jurisdiction shall be taken by filing a notice of appeal with the court
which rendered the judgment or final order appealed from and serving a copy thereof upon the
adverse party.
Page 42
(SECTION 2)
EXCEPTION
NO record on appeal shall be required except in special proceedings and other cases of multiple or separate
appeals where law on these Rules so require.
In such cases, the record on appeal shall be filed and served in like manner. (SECTION 2)
PETITION FOR — The appeal to the Court of Appeals in cases decided by the Regional Trial Court in the
REVIEW exercise of its appellate jurisdiction shall be by petition for review in accordance with Rule
42.
(SECTION 2)
APPEAL BY — In all cases where only questions of law are raised or involved, the appeal shall be to the
CERTIORARI Supreme Court by petition for review on certiorari in accordance with the Rule 45. (n)
(SECTION 2)
(SECTION 2)
PERIOD OF ORDINARY APPEAL

1) ONLY NOTICE OF APPEAL
The appeal shall be taken within 15 days from notice of the judgment or final order appealed from. (SECTION
3)

Where a record on appeal is required, the appellants shall file a notice of appeal and a record on appeal within
30 days from notice of the judgment or final order. (SECTION 3)
3) APPEAL IN HABEAS CORPUS

However, an appeal in habeas corpus cases shall be taken within 48 hours from notice of the judgment or final
order appealed from. (SECTION 3)
PERIOD OF APPEAL INTERRUPTED

The period of appeal shall be interrupted by a timely motion for new trial or reconsideration. (SECTION 3)
MOTION FOR EXTENSION OF TIME TO FILE

NO motion for extension of time to file a motion for new trial or reconsideration shall be allowed. (n) (A.M. No.
01-1-03-SC, [June 19, 2001]) (SECTION 3)
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.
(SECTION 4)
JOINT RECORD ON APPEAL

Where both parties are appellants, they may file a joint record on appeal within the time fixed by section 3 of
this Rule, or that fixed by the court. (8a) (SECTION 8)
1) ONLY NOTICE OF APPEAL

The appeal shall be taken within 15 days from notice of the judgment or final order appealed from.
(SECTION 3)

Where a record on appeal is required, the appellants shall file a notice of appeal and a record on appeal within
thirty (30) days from notice of the judgment or final order. (SECTION 3)

Page 43
3) APPEAL IN HABEAS CORPUS

However, an appeal in habeas corpus cases shall be taken within forty-eight (48) hours from notice of the
judgment or final order appealed from. (SECTION 3)
The perfection of the appeal and the effect thereof shall be governed by the provisions of section 9, Rule 41. (n)
(SECTION 9)
AS TO NOTICE OF APPEAL
A party’s appeal by notice of appeal is deemed perfected as to him upon the filing of the notice of appeal in due
time. (SECTION 9)
AS TO RECORD ON APPEAL
A party’s appeal by record on appeal is deemed perfected as to him with respect to the subject matter thereof
upon the approval of the record on appeal filed in due time. (SECTION 9)
PAYMENT OF FULL AMOUNT OF DOCKET FEES

GENERAL RULE:
The payment of the full amount of docket fees within the prescribed period is both mandatory and
jurisdictional.
It is a condition sine qua non for the appeal to be perfected and only then can a court acquire jurisdiction
over the case.
The requirement of an appeal fee is not a mere technicality of law or procedure and should not be undermined
except for the most persuasive of reasons.
EXCEPTION:
In appealed cases, failure to pay the appellate court docket fee within the prescribed period warrants only
discretionary as opposed to automatic dismissal of the appeal and that the court shall exercise its power to
dismiss in accordance with the tenets of justice and fair play and with great deal of circumspection
considering all attendant circumstances. (G.R. No. 174193)
EFFECT OF FILING NOTICE OF APPEAL

In appeals by notice of appeal, the court loses jurisdiction over the case upon: (PE)
2) the Expiration of the Time to appeal of the other parties. (E) (SECTION 9)
EFFECT OF FILING RECORD ON APPEAL

In appeals by record on appeal, the court loses jurisdiction ONLY over the subject matter thereof upon: (A) (E)
1) the Approval of the records on appeal filed in due time (A) and
2) the Expiration of the appeal of the other parties. (E) (SECTION 9)
In either case, prior to the transmittal of the original record or the record on appeal, the court may issue orders
for: (PAPOW)
appeal, (P)
2) Approve Compromises, (A)
3) Permit Appeals of Indigent litigants, (P)
4) Order Execution Pending appeal, (O) and
5) allow Withdrawal of the Appeal. (W) (9a) (SECTION 9)
DISMISSAL OF APPEAL
Prior to the transmittal of the original record or the record on appeal to the appellate court, the trial court may motu
propio or on motion dismiss the appeal for having been taken out of time. (14a) (SECTION 13)
Page 44
RULE 42 PETITION FOR REVIEW FROM THE REGIONAL TRIAL COURTS TO THE COURT OF
APPEALS
HOW APPEAL TAKEN
A party desiring to appeal from a decision of the Regional Trial Court rendered in the exercise of its appellate
jurisdiction may: (FP - 500F)
1) File a Verified Petition for review with the Court of Appeals, (F)
2) Paying at the same time to the clerk of said court the corresponding Docket and Other Lawful fees, (P)
3) Depositing the amount of P500.00 for costs, (500) and
4) Furnishing the Regional Trial Court and the Adverse Party with a copy of the petition. (F) (SECTION 1)
TIME FOR FILING OF PETITION FOR REVIEW

The petition shall be filed and served within 15 days from: (ND)
1) Notice of the Decision sought to be Reviewed (N) or
2) of the Denial of petitioner’s Motion for New Trial or Motion for Reconsideration filed in due time after judgment.
(D MNT MR)(SECTION 1)
EXTENSION OF TIME FOR FILING OF PETITION FOR REVIEW

Upon proper (MP) Motion and the Payment of the Full amount of the Docket and other Lawful fees and the Deposit
for costs before the expiration of the reglementary period, the Court of Appeals may grant an additional period
of 15 days only within which to file the petition for review.
LIMITATION OF EXTENSION OF TIME FOR FILING OF PETITION FOR REVIEW

GENERAL RULE:
NO further extension shall be granted
EXCEPTION:
except for the most compelling reason
PROVIDED:
in no case to exceed fifteen (15) days. (n) (SECTION 1)
CERTIFICATION OF NON – FORUM SHOPPING

The petitioner shall also submit together with the petition a CERTIFICATION OF NON – FORUM SHOPPING
under oath that: (CS5)
1) he has NOT theretofore Commenced any other action involving the same issues in the Supreme Court, the Court
of Appeals or Different Divisions thereof, or any Other Tribunal or Agency; (C)
2) IF there is such other action or proceeding, he must State the Status of the same; (S) and
3) if he should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme
Court, the Court of Appeals, or different divisions thereof, or any other tribunal or agency, he undertakes to
promptly Inform the aforesaid courts and other tribunal or agency thereof within 5 days therefrom. (5) (n)
(SECTION 2)
EFFECT OF FAILURE TO COMPLY WITH REQUIREMENTS

The failure of the petitioner to comply with any of the foregoing requirements regarding the: (DDS – A)
1) Payment of the Docket and Other Lawful fees, (D)
2) Deposit for costs, (D)
3) Proof of Service of the petition, (S) and
4) the Contents of and the Documents which should Accompany the petition (A)
shall be sufficient ground for the dismissal thereof. (n) (SECTION 3)
ACTION ON THE PETITION

1) require the respondent to file a comment on the petition, not a motion to dismiss, within ten (10) days from
notice, or

Page 45
2) dismiss the petition if it finds the same to be patently without merit, prosecuted manifestly for delay, or that
the questions raised therein are too insubstantial to require consideration. (n) (RULE 42, SECTION 4)
Upon the: (TP)
1) Timely Filing of a petition for review (T) and
2) the Payment of the Corresponding Docket and Other lawful fees, (P)
the appeal is deemed perfected as to the petitioner. (SECTION 8)
EFFECT OF PERFECTION OF APPEAL

1) ORDINARY CIVIL ACTION
GENERAL RULE:
The Regional Trial Court loses jurisdiction over the case upon: (PE)
2) the Expiration of the Time to Appeal of the other parties. (E)
EXCEPTION:
However, before the Court of Appeals gives due course to the petition, the Regional Trial Court may issue orders
for: (I – OPAW)
1) Permit Appeals of Indigent litigants, (I)
2) Order Execution Pending appeal, (O)
appeal, (P)
4) Approve Compromises, (A) and
5) allow Withdrawal of the Appeal. (W) (9a, R41) (SECTION 8)
2) RULE ON SUMMARY PROCEDURE

GENERAL RULE:
The appeal shall stay the judgment or final order unless: (CLR)
i. the Court of Appeals,
ii. the Law, or
iii. the RULES OF COURT
shall provide otherwise.
EXCEPTION:
Except in civil cases decided under the Rule on Summary Procedure. (a) (SECTION 8)
SUBMISSION FOR DECISION

The case shall be deemed submitted for decision upon the filing of the last pleading or memorandum required
by these Rules or by the court itself. (n) (SECTION 9)
RULE 43 APPEALS FROM THE COURT OF TAX APPEALS AND QUASI –JUDICIAL AGENCIES TO
THE COURT OF APPEALS
SCOPE
This Rule shall apply to appeals from judgments or final orders of the Court of Tax Appeals and from awards,
judgments, final orders or resolutions of or authorized by any quasi-judicial agency in the exercise of its quasi-
judicial functions. (SECTION 1)
FINAL ORDER OF THE COURT TAX APPEALS

REVIEW BY CERTIORARI
A party adversely affected by a decision or ruling of the CTA en banc may file with the Supreme Court a
verified petition for review on certiorari pursuant to Rule 45 of the 1997 Rules of Civil Procedure." (Republic
Act No. 9282, SECTION 19)
Among these agencies are the:

Page 46
1) Civil Service Commission, (CSC)

2) Central Board of Assessment Appeals, (CBAA)
3) Securities and Exchange Commission,
4) Office of the President, (OP)
5) Land Registration Authority, (LRA)
6) Social Security Commission, (SSC)
7) Civil Aeronautics Board, (CAB)
8) Bureau of Patents, (BP)
9) Trademarks and Technology Transfer, (TTT)
10) National Electrification Administration,
11) Energy Regulatory Board,
12) National Telecommunications Commission, (NTC)
13) Department of Agrarian Reform under Republic Act No. 6657 (DAR),
14) Government Service Insurance System, (GSIS)
15) Employees Compensation Commission, (ECC)
16) Agricultural Invention Board, (AIB)
17) Insurance Commission, (IC)
18) Philippine Atomic Energy Commission, (PAEC)
19) Board Of Investments, (BOI)
19) Construction Industry Arbitration Commission, (CIAC) and
20) Voluntary Arbitrators authorized by law. (VA) (n) (SECTION 1)
LIMITATION OF RULE 43
RULE 43 shall NOT apply to judgments or final orders issued under the Labor Code of the Philippines. (n)
(SECTION 2)
COURT OF APPEALS JURISDICTION OVER ADMINISTRATIVE DISCIPLINARY CASES

The Court of Appeals has jurisdiction over orders, directives and decisions of the Office of the Ombudsman
in administrative disciplinary cases only.
It cannot, therefore, review the orders, directives or decisions of the Office of the Ombudsman in criminal or non-
administrative cases. (G.R. No. 147640)
COURT OF APPEALS HAS NO JURISDICTION OVER CRIMINAL OR NON –ADMINISTRATIVE

CASES
PETITION FOR CERTIORARI (TEA – GA)

1) When any Tribunal, Board or Officer (T)
2) Exercising Judicial or Quasi-Judicial Functions (E)
3) has Acted Without or in Excess its or his Jurisdiction, (A) or
a person aggrieved thereby may file a VERIFIED PETITION FOR CERTIORARI in the proper court, alleging
the facts with certainty and praying that judgment be rendered annulling or modifying the proceedings of such
tribunal, board or officer, and granting such incidental reliefs as law and justice may require. (SECTION 65,
SECTION 1)
RATIONALE
A petition for review on certiorari is not the proper mode by which resolutions of the Ombudsman in preliminary
investigations of criminal cases are reviewed by this Court.
The remedy from the adverse resolution of the Ombudsman in preliminary investigations of criminal cases is
a petition for certiorari under Rule 65, NOT a petition for review on certiorari under Rule 45. (G.R. No.
135080)

Page 47
The Ombudsman's determination of probable cause may only be assailed through certiorari proceedings
before the SUPREME COURT on the ground that such determination is tainted with grave abuse of
discretion. (G.R. No. 229288)
RESOLUTION OF THE SECRETARY OF THE DEPARTMENT OF JUSTICE

Being thus under the control of the President, the Secretary of Justice, or, to be precise, his decision is subject to
review of the former.
In fine, recourse from the decision of the Secretary of Justice should be to the President, instead of the CA,
under the established principle of exhaustion of administrative remedies. (G.R. No. 140423)
MINING FIRM’S FINANCIAL OR TECHNICAL ASSISTANCE AGREEMENT

Quasi-judicial or administrative adjudicatory power is the power of the administrative agency to adjudicate the
rights of persons before it. The administrative body exercises its quasi-judicial power when it performs in a
judicial manner an act which is essentially executive or administrative in nature, where the power to act in such
manner is incidental to or reasonably necessary for the performance of the executive or administrative duty entrusted
to it.
The OP's cancellation and/or revocation of the FTAA is obviously not an "adjudication" in the sense above-
described. It cannot be likened to the judicial function of a court of justice, or even a quasi-judicial agency or office.
The OP - at the instance of Redmont at that - was exercising an administrative function pursuant to the
President's authority. (G.R. NO. 202877)
WHERE TO APPEAL
An appeal under RULE 43 may be taken to the Court of Appeals within the period and in the manner herein
provided, whether the appeal involves questions of fact, of law, or mixed questions of fact and law. (n)
(SECTION 3)
PERIOD OF APPEAL
The appeal shall be taken within 15 days from: (N – JO – ED)
1) Notice of the Award, (N)
2) Judgment, (J)
3) Final Order or Resolution, (O) or
4) from the Date of its Last Publication, if publication is required by law for its Effectivity, (E) or
5) of the Denial of petitioner’s Motion for New Trial or Motion for Reconsideration duly filed in accordance with
the governing law of the court or agency a quo. (D – MNT – MR)
Only 1 motion for reconsideration shall be allowed. (SECTION 4)
EXTENSION OF TIME FOR FILING OF PETITION FOR REVIEW

Upon proper (MPD) Motion and the Payment of the Full amount of the Docket and other Lawful fees and the
Deposit for costs before the expiration of the reglementary period, the Court of Appeals may grant an
additional period of 15 days only within which to file the petition for review.
LIMITATION OF EXTENSION OF TIME FOR FILING OF PETITION FOR REVIEW

GENERAL RULE:
NO further extension shall be granted
EXCEPTION:
except for the most compelling reason
PROVIDED:
in NO case to exceed 15 days. (n) (SECTION 4)

The failure of the petitioner to comply with any of the foregoing requirements regarding the: (PDS – A)
Page 48
1) Payment of the Docket and Other Lawful fees, (P)

2) deposit for costs, (D)
RTC AS APPELLATE COURT (RULE 42) QUASI – JUDICIAL AGENCIES

WHETHER APPEAL STAYS THE DECISION
Decision is stayed by an appeal. Decision is immediately executor and not stayed by an
appeal.
AS TO CONCLUSIVENESS OF FACTUAL FINDINGS

Factual findings not conclusive to the COURT OF Factual findings are conclusive to the COURT OF
APPEALS. APPEALS if supported by substantial evidence.
ACTION ON THE PETITION

1) require the respondent to file a comment on the petition not a motion to dismiss, within ten (10) days from notice,
or
2) dismiss the petition if it finds the same to be: (PPU)
i. Patently Wwithout Merit, (P)
ii. Prosecuted Manifestly for Delay, (P) or
iii. that the Questions raised therein are too Unsubstantial to require consideration. (U) (6a) (SECTION 8)
DUE COURSE
If upon:
1) the filing of the comment or such other pleadings or documents
2) as may be required or allowed by the Court of Appeals or
3) upon the expiration of the period for the filing thereof, and
on the records the Court of Appeals finds prima facie that the court or agency concerned has committed errors
of fact or law that would warrant reversal or modification of the award, judgment, final order or resolution
sought to be reviewed, it may give due course to the petition; otherwise, it shall dismiss the same. (SECTION
10)
FINDINGS OF FACT
The findings of fact of the court or agency concerned, when supported by substantial evidence, shall be binding
n the Court of Appeals. (n) (SECTION 10)
EFFECT OF APPEAL
GENERAL RULE:
The appeal shall NOT stay the award, judgment, final order or resolution sought to be reviewed
EXCEPTION:
Unless the Court of Appeals shall direct otherwise upon such terms as it may deem just. (10a) (SECTION 12)

The case shall be deemed submitted for decision upon the filing of the last pleading or memorandum required
by these Rules or by the court itself. (n) (SECTION 13)
QUESTIONS THAT MAY BE RAISED ON APPEAL

GENERAL RULE:
Whether or not the appellant has filed a motion for new trial in the court below he may include in his assignment
of errors any question of law or fact that has been raised in the court below and which is within the issues
framed by the parties. (18, R46) (SECTION 15)

Page 49
EXCEPTIONS:
1) the issue of lack of jurisdiction over the subject matter;
2) issue NOT properly raised during trial when there is plain error.
3) when there are jurisprudential developments affecting the issues, or
4) when the issues raised present a matter of public policy. (G.R. No. 136308)
QUESTION OF FACT -- "when the doubt arises as to the truth or falsity of the alleged facts."
QUESTION OF LAW -- when there is doubt as to what the law is on a certain state of facts."
(G.R. No. 175689)
RULE 45 APPEAL BY CERTIORARI TO THE SUPREME COURT

BASIS OF APPEAL BY CERTIORARI
The Supreme Court shall have the power to (RR – RAM) Review, Revise, Reverse, Affirm, or Modify on appeal or
certiorari, as the law or the Rules of Court may provide, final judgments and orders of lower courts in all cases in
which only an error or question of law is involved. (1987 CONSTITUTION, SECTION 5(2))
FILING OF PETITION WITH SUPREME COURT

A party desiring to appeal by certiorari from a judgment, final order or resolution of the:
1) Court of Appeals, (CA)
2) SandiganBayan, (SB)
3) Court of Tax Appeals, (CTA)
4) Regional Trial Court (RTC) or
5) Other courts, (O)
whenever authorized by law, may file with the Supreme Court a verified petition for review on certiorari.
(SECTION 1)
TIME FOR FILING AN APPEAL BY CERTIORARI TO THE SUPREME COURT

The petition shall be filed within 15 days from: (ND)
1) Notice of the Judgment or Final Order or resolution Appealed from, (N) or of
2) the Denial of the petitioner’s Motion for New Trial or Motion for Reconsideration filed in due time after notice
of the judgment. (D) (SECTION 2)
EXTENSION OF TIME FOR FILING AN APPEAL BY CERTIORARI TO THE SUPREME COURT

(MFDB)
1) On Motion duly Filed and Served,
2) with Full Payment of the Docket and Other lawful fees (F) and
3) the Deposit for Costs (D)
4) BEFORE the Expiration of the reglementary period, (B)
the Supreme Court may for justifiable reasons grant an extension of 30 days only within which to file the
petition. (1a, 5a) (SECTION 2)
PROVISIONAL REMEDIES
The petition may include an application for a writ of preliminary injunction or other provisional remedies and
shall raise only questions of law, which must be distinctly set forth. (SECTION 1)
PERIOD TO SEEK PROVISIONAL REMEDY

The petitioner may seek an application for a writ of preliminary injunction or other provisional remedies by verified
motion filed in the same action or proceeding at any time during its pendency. (A.M. No. 07-7-12-SC,
[December 4, 2007]) (SECTION 1)
PURELY QUESTION OF LAW

GENERAL RULE:
The petition shall raise only questions of law, which must be distinctly set forth. (SECTION 1)

Page 50
EXCEPTIONS: (DIC – BEG – CAME)

1) When the facts set forth in the petition as well as in the petitioners' main and reply briefs are NOT Disputed by
the respondents;
2) When the Inference made is manifestly mistaken, absurd or impossible;
3) When the findings of fact are Conflicting;
4) When the Court of Appeals, in making its findings, went Beyond the issues of the case and the same is contrary to
the admissions of both appellant and appellee;
5) When the findings of fact are conclusions without Citation of specific Evidence on which they are based;
6) Where there is a Grave abuse of discretion;
7) The findings of the Court of Appeals are Contrary to those of the trial court;
8) The finding of fact of the Court of Appeals is premised on the supposed Absence of evidence and is contradicted
by the evidence on record.
9) When the judgment is based on a Misapprehension of facts; and
10) When the conclusion is a finding grounded Entirely on speculation, surmises or conjectures; (G.R. No. 221771)
11) WRIT OF KALIKASAN

Within 15 days from the date of notice of the adverse judgment or denial of motion for reconsideration, any party
may appeal to the Supreme Court under Rule 45 of the Rules of Court.
The appeal may raise questions of fact. (THE RULE ON WRIT OF KALIKASAN, RULE 7, SECTION 16)
12) WRIT OF AMPARO

Any party may appeal from the final judgment or order to the Supreme Court under Rule 45.
The appeal may raise questions of fact or law or both. (THE RULE ON THE WRIT OF AMPARO,
SECTION 19)
13) WRIT OF HABEAS DATA

Any party may appeal from the final judgment or order to the Supreme Court under Rule 45.
The appeal may raise questions of fact or law or both. (THE RULE ON THE WRIT OF HABEAS DATA,
SECTION 19)
PROCEDURAL STANDARD IN RULE 45

From Rule 45's provisions will be gleaned basic procedural standards which a petitioner must satisfy if one's Rule 45
Petition is to be entertained:
1) that the petition does not only exclusively raise questions of law, but also that it distinctly sets forth those legal
issues;
2) that it be filed within 15 days of notice of the adverse ruling that impels it;
3) that docket and other lawful fees are paid;
4) that proper service is made;
5) that all matters that Section 4 specifies are indicated, stated, or otherwise contained in it;
6) that it is manifestly meritorious;
7) that it is not prosecuted manifestly for delay; and
8) that that the questions raised in it are of such substance as to warrant consideration. (G.R. No 247661)
FINDINGS OF FACT OF THE COURT OF APPEALS

Absent any clear showing of abuse, arbitrariness or capriciousness committed by the lower court, its findings of
facts, especially when affirmed by the COURT OF APPEALS, are binding and conclusive upon this court. (G.R.
NO. 106472)
QUESTIONS OF LAW QUESTIONS OF FACT

AS TO CERTAINTY OF FACTS INVOLVED
Material allegations of fact are not controverted by Doubt or difference as to the truth or falsehood of facts,
either party. or as to probative value of the evidence presented.
Thus, there is certainty as to facts.

Page 51
The doubt lies on what law is to be applied on certain

facts.
AS TO NECESSITY OF EVALUATING EVIDENCE

The appellate court can determine the issue that can be The determination of the issue involves evaluation or
raised without the reviewing or evaluating the evidence. review of the evidence.
(G.R. NO. 177116)
RATIONALE:
Simple as it may seem, determining the true nature and extent of the distinction is sometimes complicated.
In a case involving a "question of law," the resolution of the issue must rest solely on what the law provides
on the given set of circumstances.
Once it is clear that the issue invites a review of the evidence presented, the question posed is one of fact.
If the query requires a re-evaluation of the credibility of witnesses, or the existence or relevance of
surrounding circumstances and their relation to each other, the issue in that query is factual.
x x x The test of whether a question is one of law or of fact is not the appellation given to such question by the party
raising the same;
rather, it is whether the appellate court can determine the issue raised without reviewing or evaluating the
evidence, in which case, it is a question of law; otherwise, it is a question of fact. (Citations omitted and
emphasis ours) (G.R. No. 195224)
RULE 45 UNDER PIERCING THE VIEL OF CORPORATE FICTION

Before a director or officer of a corporation can be held personally liable for corporate obligations, however, the
following requisites must concur: (1) the complainant must allege in the complaint that the director or officer
assented to patently unlawful acts of the corporation, or that the officer was guilty of gross negligence or bad faith;
and (2) the complainant must clearly and convincingly prove such unlawful acts, negligence or bad faith.
While it is true that the determination of the existence of any of the circumstances that would warrant the
piercing of the veil of corporate fiction is a question of fact which cannot be the subject of a petition for
review on certiorari under Rule 45, this Court can take cognizance of factual issues if the findings of the
lower court are not supported by the evidence on record or are based on a misapprehension of facts. (G.R.
No. 206806)
TIME FOR FILING AN APPEAL BY CERTIORARI TO THE SUPREME COURT

The petition shall be filed within 15 days from: (ND)
1) Notice of the Judgment or Final Order or resolution Appealed from, (N) or of
2) the Denial of the petitioner’s Motion for New Trial or Motion for Reconsideration filed in due time after notice of
the judgment. (D) (SECTION 2)
EXTENSION OF TIME FOR FILING AN APPEAL BY CERTIORARI TO THE SUPREME COURT

(MFDB)
1) On Motion duly Filed and Served, (M)
petition. (1a, 5a) (SECTION 2)

1) FAILURE OF THE PETITIONER TO COMPLY

Page 52
The failure of the petitioner to comply with any of the foregoing requirements regarding the: (PDSA)
1) Payment of the Docket and Other Lawful fees, (P)
2) deposit for costs, (D)
2) THROUGH THE SUPREME COURT

The Supreme Court may on its own initiative deny the petition on the ground that the: (ADU)
1) Appeal is Without Merit, (A) or
2) is Prosecuted Manifestly for Delay, (D) or
3) that the Questions raised therein are too Unsubstantial to require consideration. (QU) (3a) (SECTION 5)
REVIEW IS DISCRETIONARY
A review is NOT a matter of right, but of sound judicial discretion, and will be granted only when there are
special and important reasons thereof.
The following, while neither controlling nor fully measuring the court’s discretion, indicate the character of the
reasons which will be considered:
1) When the court a quo has decided a question of substance, not theretofore determined by the Supreme Court,
or has decided it in a way probably not in accord with law or with the applicable decisions of the Supreme
Court; or
2) When the court a quo has so far departed from the accepted and usual course of judicial proceedings, or so
far sanctioned such departure by a lower court, as to call for an exercise of the power of supervision. (4a)
(SECTION 6)
RULE APPLICABLE TO BOTH CIVIL AND CRIMINAL CASES

GENERAL RULE:
The mode of appeal prescribed in this Rule shall be applicable to both civil and criminal cases,
EXCEPTIONS:
except in criminal cases where the penalty imposed is: (DRL)
1) Death, (D)
2) Reclusion Perpetua (R) or
3) Life Imprisonment. (L) (n) (SECTION 9)
APPEAL BY CERTIORARI PETITION FOR CERTIORARI REVIEW OF JUDGMENTS,

(RULE 45) (RULE 65) FINAL ORDERS OR
RESOLUTIONS (RULE 64)
AS TO SCOPE
Involves the review of the Directed mostly against an Involves the review of judgment or
judgment, final order or 1) interlocutory order of any final order or resolution of the
resolution on the merits of the: Tribunal, Board or Officer Commission on Elections and the
1) Court of Appeals, (CA) exercising Judicial or Quasi-Judicial Commission on Audit. (n; Bar
2) SandiganBayan, (SB) Functions; or Matter No. 803, 17 February 1998)
3) Court of Tax Appeals, (CTA) 2) final order was rendered Without (SECTION 2)
4) Regional Trial Court (RTC) or or in Excess its or his Jurisdiction,
5) Other courts, (O) (SECTION 1) (WEJ) or with Grave Abuse of
Discretion Amounting to Lack or
Excess of Jurisdiction, and there is
NO Appeal, or any Plain, Speedy,
and Adequate Remedy in the
ordinary course of law, (NA -
PSAR) (SECTION 1)

Page 53
AS TO BASIS
The petition shall raise only The petition is based on questions of
questions of law, which must be Jurisdiction. (SECTION 1)
distinctly set forth. (SECTION 1)

AS TO MODE OF APPEAL OR REVIEW
It is mode of appeal. It is mode of review It is a mode of appeal.
However, the PETITION FOR

REVIEW is under an independent
special civil action, and not a
continuation of the original action.
AS TO TIME OF FILING
The petition shall be filed within 15 The petition shall be filed not later The petition shall be filed within 30
days from: (ND) than 60 days from notice of the days from notice of the judgment
1) Notice of the Judgment or Final judgment, order or resolution. or final order or resolution sought
Order or resolution Appealed from, (SECTION 4) to be reviewed. (SECTION 3)
(N) or of
2) the Denial of the petitioner’s
Motion for New Trial or Motion for
Reconsideration filed in due time
after notice of the judgment. (D)
(SECTION 2)

Page 54

WHETHER APPEAL STAYS THE JUDGMENT OR NOT
Stays the judgment or order Unless a writ of preliminary The filing of a petition
appealed from. injunction or temporary restraining for certiorari shall NOT stay the
order is issued, the challenged execution of the judgment or final
proceeding does NOT stay. order or resolution sought to be
reviewed, unless the Supreme
Court shall direct otherwise upon
such terms as it may deem just. (n)
(SECTION 8)
AS TO PARTIES INVOLVED
The appellant and the appellee are The petitioner and private The petitioner and private
the original parties to the action, and respondents are the original parties respondents are the original parties
the lower court or quasi – judicial to the civil action. to the civil action.
agency is not impleaded.
The judge, court, quasi – judicial The COMELEC and COA shall
agency, tribunal, , corporation, be impleaded as public
board, officer or person shall be respondents.
impleaded as public respondents.
NECESSITY OF FILING A MOTION FOR RECONSIDERATION

MOTION FOR MOTION FOR MOTION FOR
RECONSIDERATION is not RECONSIDERATION or MOTION RECONSIDERATION or MOTION
required. FOR NEW TRIAL is required. FOR NEW TRIAL is required.
The filing of a motion for new trial

or reconsideration of said judgment
or final order or resolution, if
allowed under the procedural rules
of the Commission concerned, shall
interrupt the period herein fixed.
(SECTION 3)
AS TO WHERE FILED
A party desiring to appeal The petition shall be filed with the: A judgment or final order or
by certiorari from a judgment, 1) REGIONAL TRIAL COURT, resolution of the Commission on
final order or resolution of the: 2) COURT OF APPEALS, Elections and the Commission on
1) Court of Appeals, (CA) 3) SANDIGANBAYAN AND Audit may be brought by the
2) SandiganBayan, (SB) 4) COMELEC (SECTION 4) aggrieved party to the Supreme
3) Court of Tax Appeals, (CTA) Court on certiorari under Rule 65,
4) Regional Trial Court (RTC) or except as hereinafter provided. (n;
5) Other courts, (O) Bar Matter No. 803, 17 February
whenever authorized by law, may 1998) (SECTION 2)
file with the Supreme Court a
verified petition for review
on certiorari. (SECTION 1)
SIMULTANEOUS FILING OF PETITIONS UNDER RULE 45 AND RULE 65

GENERAL RULE:
As a general rule, a party cannot file a petition both under Rules 45 and 65 of the Rules of Court because said
procedural rules pertain to different remedies and have distinct applications.

Page 55
The remedy of appeal under Rule 45 and an original action for certiorari under Rule 65 are mutually
exclusive and NOT alternative or cumulative.
Thus, a party should not join both petitions in one pleading. (G.R. Nos. 148839-40)
EXCEPTION:
However, the Court may set aside technicality for justifiable reasons when the petition before the Court is
clearly meritorious and was filed on time both under Rules 45 and 65.
Hence, in accordance with the liberal spirit which pervades the Rules of Court and in the interest of justice, the
Court will treat the petition as having been filed under Rule 45. (G.R. No. 129910)
RULE 64 REVIEW OF JUDGMENTS AND FINAL ORDERS OR RESOLUTIONS OF THE

COMMISSION ON ELECTIONS AND THE COMMISSION ON AUDIT
CONSITUTIONAL BASIS
Unless otherwise provided by this Constitution or by law, any decision, order, or ruling of each Commission may
be brought to the Supreme Court on certiorari by the aggrieved party within thirty days from receipt of a
copy thereof. (1987 CONSTITUTION, ARTICLE IX – A, SECTION 7)
RULE 64 RULE 65
AS TO SCOPE
Governs the review of judgments and final orders or Governs the review of any Tribunal, Board or Officer
resolutions of the Commission on Elections and the (TBO) exercising Judicial or Quasi-Judicial Functions
Commission on Audit. (n) (SECTION 1) (JQF) (SECTION 1)
AS TO WHERE FILED
A judgment or final order or resolution of the May be filed in the appropriate court having jurisdiction
Commission on Elections and the Commission on Audit over the lower court, tribunal, board or officer.
may be brought by the aggrieved party to the (4a) (Bar Matter No. 803, 21 July 1998; A.M. No. 00-2-
Supreme Court on certiorari under Rule 65. 03-SC, A.M. No. 07-7-12-SC) (SECTION 4)
(SECTION 2)
AS TO WHEN FILED
The petition shall be filed within thirty (30) days from WHEN PETITION FILED
notice of the judgment or final order or resolution The petition shall be filed not later than sixty (60)
sought to be reviewed. (SECTION 3) days from notice of the judgment, order or resolution.
(SECTION 4)
AS TO EFFECT OF FILING A MOTION FOR NEW TIAL OR RECONSIDERATION

The filing of a motion for new trial or reconsideration In case a motion for reconsideration or new trial is
of said judgment or final order or resolution, if allowed timely filed, whether such motion is required or not,
under the procedural rules of the Commission the petition shall be filed not later than sixty (60)
concerned, shall interrupt the period herein fixed. (n) days counted from the notice of the denial of the
motion. (SECTION 4)
If the motion is denied, the aggrieved party may file the
petition within the remaining period, but which shall
not be less than five (5) days in any event, reckoned
from notice of denial. (n) (SECTION 3)
(SECTION 3)
AS TO APPLICATION OF THE FRESH PERIOD RULE

Fresh period rule is not applicable. (G.R. NO. 213525) The fresh period rule is applicable to PETITION FOR
CERTIORARI UNDER RULE 65
MODE OF REVIEW OF JUDGMENT OR FINAL ORDER OF THE COMELEC AND COA

Page 56
A judgment or final order or resolution of the Commission on Elections and the Commission on Audit may be
brought by the aggrieved party to the Supreme Court on certiorari under Rule 65, except as hereinafter
provided. (n; Bar Matter No. 803, 17 February 1998) (SECTION 2)
TIME TO FILE PETITION

The petition shall be filed within thirty 30 days from notice of the judgment or final order or resolution sought
to be reviewed. (SECTION 3)
EFFECT OF FILING OF A MOTION FOR NEW TRIAL OR MOTION FOR RECONSIDERATION

The filing of a motion for new trial or reconsideration of said judgment or final order or resolution, if allowed
under the procedural rules of the Commission concerned, shall interrupt the period herein fixed.
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 event, reckoned from notice of denial. (n) (SECTION 3)
MOTION FOR RECONSIDERATION AS A PRE - REQUISITE

GENERAL RULE:
Failure to file a motion for reconsideration before the issuing forum results in the dismissal of the petition.
(G.R. NO. 217126 – 27)
EXCEPTIONS: (MENS)
1) to prevent a Miscarriage of justice;
2) when the need for relief is Extremely urgent and certiorari is the only adequate and speedy remedy available;
3) when the decision or resolution sought to be set aside is a Nullity; or
4) when the issue involves the principle of Social justice or the protection of labor.(G.R. No. 133486)
DOCKET AND OTHER LAWFUL FEES

Upon the filing of the petition, the petitioner shall pay to the clerk of court the docket and other lawful fees and
deposit the amount of P500.00 for costs. (n) (SECTION 4)
EFFECT OF FILING
The filing of a petition for certiorari shall not stay the execution of the judgment or final order or resolution
sought to be reviewed, unless the Supreme Court shall direct otherwise upon such terms as it may deem just. (n)
(SECTION 8)

GENERAL RULE:
The case shall be deemed submitted for decision upon: (FOE)
1) the Filing of the Comments on the petition, (F) or
2) of such Other Pleadings or papers as may be required or allowed, (O) or
3) the Expiration of the Period to do so. (E)
EXCEPTION:
UNLESS the Court sets the case for oral argument, or requires the parties to submit memoranda. (n) (SECTION 9)
DISMISSAL, REINSTATEMENT, AND WITHDRAWAL OF APPEAL

RULE 44 ORDINARY APPEALED CASES
RULE 46 ORIGINAL CASES
RULE 50 DISMISSAL OF APPEAL
RULE 51 JUDGMENT
DISPOSITION OF A CASE
The Court of Appeals, in the exercise of its appellate jurisdiction, may: (ARM –D)
1) Affirm, (A)
2) Reverse, (R) or
3) Modify the Judgment or Final Order Appealed from, (M) and
4) may Direct a New Trial or Further proceedings to be had. (D) (3a) (SECTION 4)
Page 57
MEMORANDUM -- one rendered by an appellate court which incorporates by reference the

DECISION findings of fact and conclusions of law contained in the decision of the lower
court.
(INTERIM RULES FOR MEMORANDUM DECISIONS IN RULE 36)
FORM OF DECISION
Every decision or final resolution of the court in appealed cases shall clearly and distinctly state the findings of
fact and the conclusions of law on which it is based, which may be contained in the decision or final resolution
itself, or adopted from those set forth in the decision, order, or resolution appealed from. (Sec. 40, BP Blg. 129) (n)
(SECTION 5)
HARMLESS ERROR
GENERAL RULE:
1) NO error in either the admission or the exclusion of evidence and
2) NO error or defect in any ruling or order or in anything done or omitted by the trial court or by any of the
parties is ground for granting: (NSM)
i. a New Trial (N) or
ii. for Setting Aside, (S)
iii. Modifying, or Otherwise Disturbing a judgment or order, (M)
EXCEPTION:
Unless REFUSAL to take such action appears to the court inconsistent with substantial justice. (SECTION 6)
ERROR OR DEFECT
The court at every stage of the proceeding must disregard any error or defect which does not affect the
substantial rights of the parties. (5a) (SECTION 6)
JUDGMENT WHERE THERE ARE SEVERAL PARTIES

In all actions or proceedings, an appealed judgment may be affirmed as to some of the appellants, and reversed
as to others, and the case shall thereafter be proceeded with, so far as necessary, as if: (SEC)
1) Separate Actions had been begun and prosecuted, (S) and
2) Execution of the Judgment of Affirmance may be had accordingly, (E) and
3) Costs may be Adjudged in such cases, (C)
as the court shall deem proper. (6) (SECTION 7)
QUESTIONS THAT MAY BE DECIDED

GENERAL RULE
NO error which: (SJ)
1) does NOT Affect the Jurisdiction over the Subject matter or
2) the Validity of the Judgment Appealed from or the proceedings therein will be considered (VJA)
EXCEPTION:
Unless stated in the: (ACP)
1) Closely Related to or Dependent on an assigned error (C) or
2) Assignment of Errors, (A) and
3) Properly Argued in the Brief, (P)
save as the court may pass upon plain errors and clerical errors. (7a) (SECTION 8)
EXECUTION OF JUDGMENT
GENERAL RULE:
The motion for its execution may only be filed in the proper court after its entry.
EXCEPTION:

Page 58
Except where the judgment or final order or resolution, or a portion thereof, is ordered to be immediately
executory. (SECTION 11)
In original actions in the Court of Appeals, its writ of execution shall be accompanied by a certified true copy of
the entry of judgment or final resolution and addressed to any appropriate officer for its enforcement.
In appealed cases, where the motion for execution pending appeal is filed in the Court of Appeals at a time that it is
in possession of the original record or the record on appeal, the resolution granting such motion shall be transmitted
to the lower court from which the case originated, together with a certified true copy of the judgment or final order
to be executed, with a directive for such court of origin to issue the proper writ for its enforcement. (n) (SECTION
11)
RULE 52 MOTION FOR RECONSIDERATION

PERIOD FOR FILING
A party may file a motion for reconsideration of a judgment or final resolution within 15 days from notice thereof,
with proof of service on the adverse party. (n) (SECTION 1)
SECOND MOTION FOR RECONSIDERATION

NO second motion for reconsideration of a judgment or final resolution by the same party shall be entertained.
(n) (SECTION 2)
NON – APPLICABILITY OF PROHIBITION ON SECOND MOTION FOR RECONSIDERATION

Where a tribunal renders a decision substantially reversing itself on a matter, a motion for reconsideration seeking
reconsideration of this reversal, for the first time, is NOT a prohibited second motion for reconsideration.
The Amended Decision is an entirely new decision which supersedes the original decision, for which a new motion
for reconsideration may he filed again.
This contemplates a situation where a second motion for reconsideration is filed by the same party assailing
the same judgment or final resolution.
Here, the motion for reconsideration of petitioner was filed after the appellate court rendered an Amended Decision
totally reversing and setting aside its previous ruling.
Hence, petitioner is not precluded from filing another motion for reconsideration from the Amended Decision which
held that the labor tribunals lacked jurisdiction over petitioner's complaint for constructive dismissal.
The period to file an appeal should be reckoned not from the denial of her motion for reconsideration of the
original decision, but from the date of petitioner's receipt of the notice of denial of her motion for
reconsideration from the Amended Decision. (G.R. No. 201622)
the Court recognized the authority of the general manager to sue on behalf of the corporation and to sign the
requisite verification and certification of non-forum shopping. The general manager is also one person who is in the
best position to know the state of affairs of the corporation.
It was also error for the CA not to admit the requisite proof of authority when in the Novelty case, the Court ruled
that the subsequent submission of the requisite documents constituted substantial compliance with procedural rules.
There is ample jurisprudence holding that the subsequent and substantial compliance of an appellant may call for the
relaxation of the rules of procedure in the interest of justice. (G.R. No. 201622)
LIMITATION OF PROHIBITION ON SECOND MOTION FOR RECONSIDERATION

This prohibition does NOT include interlocutory orders.
Second motion for reconsideration attacking an interlocutory order cannot be rejected on the ground that a
second motion for reconsideration of an interlocutory order is forbidden by law. (G.R. NO. 96296) (G.R. NO.
120408) !!!!!!!!!!!!!!!!
Page 59
Second motion for reconsideration is forbidden except for extraordinarily persuasive reasons, and only upon
express leave of court first obtained. (G.R. NO. 96296)
RESOLUTION OF MOTION
In the Court of Appeals, a motion for reconsideration shall be resolved within 90 days from the date when the
court declares it submitted for resolution. (n) (SECTION 3)
STAY OF EXECUTION
GENERAL RULE:
The pendency of a motion for reconsideration: (FP)
1) Filed on Time (F) and
2) by the Proper Party (P)
shall stay the execution of the judgment or final resolution sought to be reconsidered
EXCEPTION:
UNLESS the court, for good reasons, shall otherwise direct. (n) (SECTION 4)
RULE 52 RULE 53
AS TO PERIOD OF FILING
A party may file a motion for reconsideration of a May be filed at any time after the perfection of the
judgment or final resolution within fifteen (15) days appeal from the REGIONAL TRIAL COURT and up to
from notice thereof, with proof of service on the but within 15 days from service of copy of the judgment
adverse party. (n) (SECTION 1) or final resolution of the COURT OF APPEALS.
AS TO EFFECT OF SEASONABLY FILING OF MOTION IN THE COURT OF APPEALS

The period to appeal is set aside and he shall have another 15 days from receipt of the resolution of the COURT OF
APPEALS denying said motion within which to appeal by certiorari.
AS TO APPLICABILITY OF RULE ON PRO – FORMA MOTIONS

The rule on effects of pro – forma motions shall be observed.
AS TO STEPS AFTER DENIAL OF MOTION

IF THE PARTY DESIRES TO APPEAL TO SUPREME COURT
1) On Motion duly Filed and Served, (M)
petition. (1a, 5a) (RULE 45, SECTION 2)
AS TO TIME LIMIT FOR RESOLUTION OF MOTION

Must be resolved 90 days from the date the COURT OF APPEALS declares it submitted for resolution.
(1 REGALADO, supra at 665)
RULE 53 NEW TRIAL

PERIOD TO FILE MOTION FOR NEW TRIAL
At any time after the appeal from the lower court has been perfected and before the Court of Appeals loses
jurisdiction over the case, (SECTION 1)
GROUND FOR MOTION FOR NEW TRIAL UNDER RULE 53

A party may file a motion for a new trial on the ground of newly discovered 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 a character
as would probably change the result. (SECTION 1)

Page 60
The motion shall be accompanied by affidavits showing the facts constituting the grounds therefor and the newly
discovered evidence. (1a) (SECTION 1)
RESOLUTION OF MOTION
In the Court of Appeals, a motion for new trial shall be resolved within 90 days from the date when the court
declares it submitted for resolution. (n) (SECTION 3)
PROCEDURE IN NEW TRIAL

Unless the court otherwise directs, the procedure in the new trial shall be the same as that granted by a
Regional Trial Court. (3a) (SECTION 4)
AVAILABILITY OF GROUND FOR MOTION FOR NEW TRIAL

A motion for new trial shall include all grounds then available and those NOT so included shall be deemed
waived. (RULE 37, SECTION 5)
SECOND MOTION FOR NEW TRIAL

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 period for taking an appeal, excluding the time during which the first motion had
been pending. (RULE 37, SECTION 5)
EFFECT OF GRANTING OF MOTION FOR NEW TRIAL

GENERAL RULE:
If a new trial is granted the original judgment or final order shall be vacated, and the action shall stand for
trial de novo.
EXCEPTION:
However, the recorded evidence taken upon the former trial, insofar as the recorded evidence is material and
competent to establish the issues, shall be used at the new trial without retaking the same. (5a) (RULE 37,
SECTION 6)
PARTIAL NEW TRIAL OR RECONSIDERATION

If the grounds for a motion for new trial or reconsideration appear to the court to: (IPLO)
1) affect the Issues as to: (IPL)
i. only a Part, or
ii. Less than an of the matter in Controversy, or
2) only One, or Less than all, of the Parties to it, (O)
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. (6a) (RULE 37, SECTION 7)
EFFECT OF ORDER FOR PARTIAL NEW TRIAL

When less than all of the issues are ordered retried, the court may either:
1) Enter a Judgment or final order as to the Rest, (E) or
2) Stay the Enforcement of Such judgment or final order (S)
until after the new trial. (7a) (RULE 37, SECTION 8)
PROCEDURE IN THE SUPREME COURT

RULE 56
A. ORIGINAL CASES
ORIGINAL CASES COGNIZABLE
Only petitions for: (CPM – QH – DCA)
1) Certiorari, (C)
2) Prohibition, (P)
3) Mandamus, (M)
4) Quo Warranto, (Q)
5) Habeas Corpus, (H)
6) Disciplinary Proceedings against members of the judiciary and attorneys, (D) and
Page 61
7) Cases Affecting Ambassadors, Other public ministers and Consuls may be filed originally in the Supreme
Court. (A) (n) (SECTION 1)
B. APPEALED CASES
MODE OF APPEAL
GENERAL RULE:
An appeal to the Supreme Court may be taken only by a petition for review on certiorari,
EXCEPTION:
except in criminal cases where the penalty imposed is: (DRL)
1) Death, (D)
2) Reclusion Perpetua (RP) or
3) Life Imprisonment. (LI) (n) (SECTION 3)
GROUNDS FOR DISMISSAL OF APPEAL

The appeal may be dismissed motu proprio or on motion of the respondent on the following grounds:
1) FAILURE to take the appeal within the Reglementary period;
2) The fact that the case is NOT Appealable to the Supreme Court.
3) Lack of Merit in the petition;
4) FAILURE to Comply with the requirements regarding proof of service and contents of and the documents which
should accompany the petition;
5) FAILURE to comply with any circular, directive or Order of the Supreme Court without justifiable cause;
6) FAILURE to Pay the requisite docket fee and other lawful fees or to make a deposit for costs; and
7) ERROR in the choice or mode of appeal; (n) (SECTION 5)
IMPROPER -- the choice or mode of appeal is correct but the appellant raises issues which are NOT
APPEAL resolve.
ERRONEOUS -- error in the choice or mode of appeal.

APPEAL
IMPROPER APPEAL ERRONEOUS APPEAL

The case may be referred to the COURT OF APPEALS, The appeal shall be dismissed outright.
although the SUPREME COURT may also dismiss the
appeal.

Page 62

Part Ii (Civ Pro Remedial Law) Rules 38 - 65

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Part Ii (Civ Pro Remedial Law) Rules 38 - 65

Uploaded by

Copyright:

Available Formats

PART II (CIV PRO – REMEDIAL LAW) RULES 38 – 65

10) Peculiar legal and equitable circumstances attendant to each case;

RULE 33 DEMURRER TO EVIDENCE

EFFECT IF MOTION TO DISMISS IS GRANTED

ACTION ON DEMURRER TO EVIDENCE

By: Caffeinated Wisdom

RULE 34 JUDGMENT ON THE PLEADINGS

VOID RECONSTITUTED TITLE

FAILS TO TENDER AN ISSUE AND/OR OTHERWISE ADMITS THE MATERIAL ALLEGATIONS OF

KINDS OF AFFIRMATIVE DEFENSES

By: Caffeinated Wisdom

10) Payment, (P)

SIGNIFICANCE OF AFFIRMATIVE DEFENSE

ACTION ON MOTION FOR JUDGMENT ON THE PLEADINGS

RULE 35 SUMMARY JUDGMENTS

COVERAGE OF THE SUMMARY JUDGMENT

This is known as partial summary judgment. (THOMAS MAUET, FUNDAMENTALS OF PRETRIAL

NO GENUINE ISSUE TO THE MATERIAL FACT

By: Caffeinated Wisdom

ACTIONS WHICH SUMMARY JUDGMENT IS PROPER

SUMMARY JUDGMENT JUDGMENT ON THE JUDGMENT BY DEFAULT

AS TO THE ISSUE TENDERED

AS TO BEING A JUDGMNET ON THE MERITS

SUMMARY JUDGMENT FOR

By: Caffeinated Wisdom

SUMMARY JUDGMENT FOR CLAIMANT

SUMMARY JUDGMENT FOR DEFENDING PARTY

AFFIDAVITS IN BAD FAITH

RULE 37 NEW TRIAL OR RECONSIDERATIONS

GROUNDS FOR NEW TRIAL

By: Caffeinated Wisdom

FORGOTTEN -- Evidence already an existence or available before or during a trial known to

GROUNDS FOR MOTION FOR RECONSIDERATION

MOTION FOR NEW TRIAL MOTION FOR RECONSIDERATION

By: Caffeinated Wisdom

CONTENTS OF MOTION FOR RECONSIDERATION

PRO FORMA MOTION

TWO TYPES OF PRO FORMA MOTION FOR NEW TRIAL

INDICATIONS OF A PRO FORMA MOTION FOR MOTION FOR NEW TRIAL

PRO FORMA MOTION FOR RECONSIDERATION

ACTION UPON MOTION FOR NEW TRIAL

ACTION UPON MOTION FOR RECONSIDERATION

RESOLUTION OF MOTION FOR NEW TRIAL AND RECONSIDERATION

AVAILABILITY OF GROUND FOR MOTION FOR NEW TRIAL

SECOND MOTION FOR NEW TRIAL

By: Caffeinated Wisdom

SECOND MOTION FOR RECONSIDERATION

SECOND MOTION FOR RECONSIDERATION MAY BE GRANTED

EFFECT OF GRANTING OF MOTION FOR NEW TRIAL

PARTIAL NEW TRIAL OR RECONSIDERATION

EFFECT OF ORDER FOR PARTIAL NEW TRIAL

REMEDY AGAINST ORDER DENYING A MOTION FOR NEW TRIAL OR RECONSIDERATION

FRESH PERIOD RULE

NEW TRIAL REOPENING OF TRIAL

By: Caffeinated Wisdom

1) Fraud, Accident, Mistake or Excusable negligence discretion.

RULE 39 EXECUTION, SATISFACTION AND EFFECT OF JUDGMENTS

DOCTRINE OF FINALITY OF JUDGMENTS

FINALITY OF JUDGMENT FOR -- Refers to a judgment which completely disposes of a case.

NATURE OF FINALITY OF JUDGMENT VS. INTERLOCUTORY ORDER

NATURE OF FINALITY OF JUDGMENT

By: Caffeinated Wisdom

EXECUTION UPON JUDGMENTS OR FINAL ORDERS