ST.

DOMINIC SAVIO COLLEGE

Blk.1 Lot.1 Mountain Heights Subdivision
Quirino Highway, Caloocan City
Tel. No.: 02-507-3678
E-mail Address: savian_sdsc@yahoo.com

MA. VIDIA B. LARGO

Juris Doctor – Law
Civil Procedure 2

QUIZ NO.1

I.
Define appeal.
An appeal is a statutory right and part of due process. Perfection of an appeal
in the manner and within the period laid down by law is not only mandatory but also
jurisdictional. Only parties can appeal from a decision. A surety on a bond to insure
execution of judgment becomes a party when notice was served upon it for
execution of the judgment and may appeal from the order of execution. A party
cannot change the theory on appeal. Only issues pleaded in the lower court and
properly raised may be resolved by the appellate court. However, issues which are
inferred from or necessarily connected with the issue properly raised and pleaded
may be resolved by the appellate court.

II.
Where, when and how an appeal taken from a judgment or final order of the MTC?

a. From the Metropolitan, Municipal and Municipal Circuit Trial Courts to the
Regional Trial Courts, and from the Regional Trial Courts to the Court of Appeals in
decisions of the Regional Trial Court rendered in the exercise of their respective
original jurisdictions
b. From the Metropolitan, Municipal and Municipal Circuit Trial Courts to the Court of
Appeals for decisions rendered by the said courts in the exercise of their delegated
jurisdiction, in which case the Metropolitan, Municipal and Municipal Circuit Trial
Courts act as Regional Trial Courts

III.
What are the material dates showing the timeliness of an appeal?
a. In appeal by notice of appeal – upon perfection of the appeal filed in due time and
the expiration of the time to appeal of the other parties
b. In appeal by record on appeal – upon approval of the records on appeal filed in
due time and the expiration of its time to appeal of the other parties
Payment of appellate docket and other lawful fees as a requirement of perfection of
appeal. In an ordinary appeal, it is not a requisite for perfection of appeal but a
ground for dismissal if not paid on time
IV.
Juan filed a complaint against C for unlawful detainer before the MTC of Ilagan,
Isabela. After the issue had been joined, the MTC dismissed the complaint for lack of
jurisdiction after noting that the action was one of accion publiciana.

Juan appealed the dismissal to the RTC which affirmed it and accordingly
dismissed her appeal. She elevates the case to the Court of Appeals, which
remands the case to the RTC. Is the appellate court correct?

Yes, the appellate court is correct.

Under the law, in accion publiciana, if the case is appealed from the
lower court which was tried and dismissed in the said court, the Regional Trial
Court is not allowed to dismiss the case due to lack of jurisdiction, therefore,
in this case filed by Juan, the RTC should not render judgment.

V.
When is a record on appeal required?
In special proceedings and other cases of multiple or separate appeals, the record
on appeal is required.
VI.
R filed a case for collection of money against D before the MTC. The trial
Court rendered a decision in favor of P. D wants to appeal on pure questions of law.
Where should he take his appeal?

D should file the appeal to the Supreme Court.

According to the Civil Code, the appeal that involves pure question of law should be
filed to the Supreme Court, therefore, D should file his appeal to the Supreme Court.

VII.
A was convicted by the Regional Trial Court of the crime of estafa and
sentenced to prision mayor. He wants to appeal the judgment of conviction on pure
questions of law. To what court should he take his appeal?

A must take his appeal to the Supreme Court.

According to the law, the appeal that involves pure question of law should be
filed to the Supreme Court, therefore, A should file his appeal to the Supreme Court.

VIII.
B filed with the MTC an application for original registration of parcel of land
over which there was no controversy or opposition. After trial, the MTC rendered a
decision denying the application. If B wants to appeal to the MTC decision, to what
court shall he take his appeal?

B should file his appeal to the Regional Trial Court.

Under the doctrine of hierarchy of courts, there should be an ordained
sequence of recourse that must be followed, from the lowest court to the highest.
 IX.
What s the final judgment rule? What are the exceptions thereto?
As a general rule, the dismissal of the complaint under this rule is without prejudice.
However, the following are the recognized exceptions:

1) where the notice of dismissal so provides

2) where the plaintiff has previously dismissed the same case in a court of
competent jurisdiction

3) even where the notice of dismissal does not provide that it is with prejudice
but it is premised on the fact of payment by the defendant of the claims
involved.For the notice of dismissal to be effective, there must be an order
confirming the dismissal

X.
What judgment or orders may be appealed?
INDIRECT CONTEMPT is Appealable

XI.
Can a party file a notice of appeal from a judgment even if there is a pending
motion for reconsideration by the other party?

A judgment or final order for or against one or more of several parties or in separate
claims, counterclaims, cross-claims and third-party complaints, while the main case
is pending, unless the court allows an appeal therefrom

XII.
Is an order denying a petition for relief from judgment appealable? How about
an order granting a petition for relief?
A party cannot change the theory on appeal. Only issues pleaded in the lower court
and properly raised may be resolved by the appellate court. However, issues which
are inferred from or necessarily connected with the issue properly raised and
pleaded may be resolved by the appellate court.

Those which cannot be appealed:

1) An order denying a motion for new trial or reconsideration;

2) An order denying a petition for relief or any similar motion seeking relief from
judgment;
3) An interlocutory order;
4) An order disallowing or dismissing an appeal;
 5) An order denying a motion to set aside a judgment by consent, confession
or compromise on the ground of fraud, mistake or duress, or any other
ground vitiating consent;
6) An order of execution;
7) A judgment or final order for or against one or more of several parties or in
separate claims, counterclaims, cross-claims and third-party complaints,
while the main case is pending, unless the court allows an appeal therefrom;
and
8) An order dismissing an action without prejudice.
When a petition for relief or an action to enjoin the judgment is filed and a
preliminary injunction is prayed for and granted
XIII.
Distinguish a final order fron an interlocutory order?

A final order is one that completely disposes of a case or of a particular

matter. An interlocutory order is one that does not finally dispose of a case and does
not end the court’s task of adjudicating the parties’ contentions and determining the
rights and liabilities as regards each other but obviously indicates that other things
remain to be done by the court
XIV.
When is appeal a matter of right and when is a matter of discretion?
Matter of right in an ORDINARY APPEAL
Matter of appellate court’s discretion in a PETITION FOR REVIEW
Matter of appellate court’s discretion in an APPEAL BY CERTIORARI

XV.
Give the modes of appeal.
The Modes of Appeal

The three modes of appeal are:

1) ordinary appeal
2) petition for review and
3) appeal by certiorari (petition for review on certiorari).