Appeals - Rule 40

Appeal from MTC to Regional Trial Courts

Sect. 1. Where to appeal - appeal from judgment and final order of Municipal Trial Court, to RTC
exercising territorial jurisdic�on over the MTC. (area where MTC belongs). Same �tle as that below,
except the appealing party referred to as appellant, and the adverse party as appellee.

Sect. 2. – To be taken within 15 days from no�ce of the judgment or final order. But if record on appeal
is required, the no�ce of appeal and record on appeal shall be filed within thirty days a�er no�ce of
judgment or final order.

Interrupted by �mely mo�on from reconsidera�on or new trial. No mo�on for extension of new trial or
reconsidera�on allowed.

Sec. 3. How to appeal. By filing no�ce of appeal with the court of origin that rendered the judgment or
final order. No�ce of appeal to indicate the par�es, the judgment or final order appealed from, and
material dates showing �meliness of the appeal. (indicate �meliness of appeal)

• record on appeal required in case of special proceedings, and mul�ple appeals or separate
appeals
• form and contents of the Record on appeal is as provided for in Sec. 6, of Rule 41,
• Copies to be provided or served upon adverse party.

Sec. 4. Perfec�on of appeal is as provided for in Sect 9, Rule 41 . (cross reference to Rule 41 on this)

Sec. 5. Appellate docket fee and lawful fees - Within the period for taking appeal, appellate shall pay
to the clerk of court of the court of origin the docket fee and other lawful expenses. Proof of such
payment shall be transmited to the appellate court, with the original record or the record on appeal, as
the case maybe.

Sec. 6. Duty of the Clerk of Court - Within 15 from perfec�on of appeal to transmit to the clerk of court
of the appellate court the original record or the record on appeal, together with the tsn and exhibits,
cer�fied as complete, Copy of the trial court and transmital shall be furnished the adverse party.

Sec. 7. Procedure in the Regional Trial Court –

Upon receipt of the complete records, the Clerk of Court shall no�fy the par�es of such fact.

Within 15 days from such no�ce, appellant to submit memorandum briefly discussing errors imputed to
the lower court, copy furnished adverse party. Within 15 days, from receipt of such memo, appellee
may file his memo, (note, not compulsory)

Failure on part of appellant to file memo is ground for dismissal of the appeal.

Upon filing of appellants memo, or expira�on of the period to do so, case on appeal submited for
decision of the appellate court. The Regional Trial Court shall decide the case on the basis of the en�re
record of the proceedings in the court of origin, and the memoranda as are filed.
Sec. 8. Appeal from orders dismission without jurisdic�on.

Lower court without jurisdic�on yet it dismisses the case without trial, if an appeal is taken therefrom,
RTC may either affirm or reverse. In case of affirmance, and ground for dismissal is lack of jurisdic�on
over subject mater, if the RTC has jurisdic�on, it shall try the case on the merits as if it has jurisdic�on
over the case. In case of reversal, the case shall be remanded for further proceedings.

If the lower court tried the case on the merits without jurisdic�on over the subject mater, The RTC shall
not dismiss but shall decide the case on its merits, without prejudice to admissions of amended
pleadings and addi�onal evidence in the interest of jus�ce.

• (impt.) to show pro ac�ve stance of RTC on appeal by taking the bull by the horn , so to speak)

Sec. 9. Other provisions of Rule 41 applicable to appeals shall apply unless inconsistent with exis�ng
provisions.

Rule 41: Appeal from the Regional Trial Courts

Sec. 1 - Subject of Appeal - appeal from judgment or final order completely disposing of the case, or
“par�cular mater therein when declared” by the Rules to be appealable..

• No appeal from: ( read, a} to g)of Sec, 1. (impt)

• Remedy here is appropriate special civil ac�on under Rule 65,

Sec. 2. Modes of Appeal -

• Ordinary appeal - to the CA in cases decided by RTC in exercise of original jurisdic�on, by filing
of no�ce of appeal with the court of origin, and serving copy upon adverse party. Record on
appeal required in special proceedings or where mul�ple appeal or separate appeal is allowed.
Record of appeal shall be filed and served upon the adverse party,
• Pe��on for review – to the CA, in case the RTC decides in the exercise of its appellate
jurisdic�on, by pe��on for review under Rule 42..
• Appeal by cer�orari- where ques�ons of law are raised or involved, filed to then SC in a pe��on
for review on cer�orari under Rule 45. ( crim. case where penalty is life imprisonment etc,
automa�c

Sec. 3. Period of ordinary appeal - Within 15 days from no�ce of judgment or final order appealed from.
When record of appeal is required, 30 days from receipt of final order or judgment. Appeal In habeas
corpus cases taken within 48 hours from no�ce of judgment or final orders,
 • Period of appeal interrupted by �mely mo�on for reconsidera�on or new trial. No mo�on for
extension of �me to file mo�on for new trial or reconsidera�on.

Sec. 4. Appellate docket fee and other lawful fees - to be paid to the clerk of court of court which
rendered judgment within the period for taking appeal. Proof of payment to be transmited to the
appellate court together with no�ce of appeal or the record on appeal.

Sec.5 No�ce of Appeal – shall indicate the par�es to the appeal, specify judgment or final order
appealed from and the material dates to show �meliness of the appeal.

Sec.6 Record on appeal – form and contents: The full names of all par�es as stated in the cap�on of
the record on appeal, the judgment or final order appealed from, copies, in chronological order of such
pleadings, pe��ons, mo�ons, interlocutory orders as are related to the appealed judgment or final order
for the proper understanding of the issues involved, together with such data as will show the appeal
was perfected on �me. If an issue of fact is to be determined, include such reference as to the
evidence, tes�monial and documentary taken upon the issue involved. Specify the documentary
evidence by exhibit numbers or leters which it was iden�fied when admited for offered in evidence
and the tes�monial evidence by names of the witnesses. If the whole tes�monial and documentary
evidence is to be included, statement to that effect will be sufficient by men�oning the names of the
witnesses on the numbers or leters of exhibits. Every record on appeal exceeding twenty pages must
contain a subject index (applicable also to appeal by the appellant in the MTC, as discussed previously)

Sec. 7 Approval of record on appeal. To be submited for approval, and if appellee registers no
objec�on, within 5 days from filing,, trial court may approve same, or may direct amendment, upon
mo�on or its own instance, for inclusion of omited maters, deemed essen�al for determina�on of the
issues of law or fact. If trial court orders amendment with a limited period, no further extension shall be
granted, and if without a period, at least within ten days from receipt thereof,, there shall be a redra� of
the record, including, in chronological sequence, such addi�onal maters as the court may be directed
him to incorporate. And shall submit the redra�ed record for approval, upon no�ce to the appellee, just
like the original dra�.

Sec. 8. Joint record on appeal - When both par�es are appellants, they may file a joint record on
appeal.

Sec 9 - Perfec�on of appeal. ; effect thereof. - a party’s no�ce of appeal, as to him, is deemed
perfected by no�ce of appeal filed in due �me.

• If appeal is by record on appeal, deemed perfected as to him, upon approval of the record on
appeal filed in due �me.
• In appeals by no�ce of appeals, the lower court loses jurisdic�on over case by perfec�on of the
appeal filed in due �me and the expira�on of period appeal by the other party.
• In appeals by record on appeal, the court loses jurisdic�on over the subject mater, upon
approval of the record on appeal filed in due �me, and the expira�on of �me for the other party
to appeal..
• In either case, prior to transmital of the original record or record on appeal, the court may issue
orders for protec�on or preserva�on of rights of par�es, not involving maters li�gated by the
 appeal, approve compromises, permit appeals by indigents, order execu�on pending appeal and
the like, and even allow withdrawal of the appeal

Sec.10. - Duty of Clerk of Court a�er perfec�on of appeal, within 30 days a�er perfec�on of appeal,
duty of the Clerk of to:

• Verify correctness of original record or record on appeal, and make cer�fica�on of its
correctness.
• Very completeness of the records for transmission to the appellate court.
• If found incomplete, to take measures to complete availing of the authority he or she may
exercise for the purpose;
• Transmit the records to the appellate court.

If efforts to compete fails, indicate the same inn the leter transmital to the appellate court, with the
reasons for non transmital and the steps taken or that could be taken to have them available.

The Clerk of Court shall furnish the par�es of the leter transmital of the records to the appellate court.

Sec. 11. Transcript - - Upon perfec�on of appeal, the clerk shall direct the stenographers atach 5 copies
of the stenographic notes referred to in the record on appeal. Stenographers to transcribe and with
index containing names and list of witness, and pages where their tes�monies appear, and list of
exhibits. The transcript shall be submited to the clerk of court who shall arrange them in such a way to
show order in witnesses tes�fied, with the pages numbered consecu�vely.

Sec. 12. Transmital. The clerk of the trial court shall transmit to the appellate court the original record
or record on appeal within 30 days a�er perfec�on of the appeal, together with the proof of payment of
lawful fees, and docket fee, cer�fied true copies of the minutes of the proceedings, the order of
approval, cer�ficate of correctness, the original documentary evidence, and the original of the transcript
of stenographic notes. Copies of transcripts and cer�fied copies of the documentary evidence shall
remain with the lower court for examina�on of the par�es.

Sec. 13. Dismissal of the appeal -Prior to the transmital of the original record, or record on appeal,
lower court may moto propio, or on mo�on, dismiss the appeal for having been filed out of �me or non -
payment of docket fees within the reglementary period.

Rule 42. Pe��on for review from RTC to CA.

Sec. 1. Appeal from decision of the RTC in exercise of its appellate jurisdic�on is by verified pe��on for
review with the Court of Appeals., paying at the same �me to the clerk of court corresponding docket
fees and lawful fees plus P500 for cost., RTC shall be furnished copy of the same as well as the other
party, Shall be filed within 15 days from receipt of the decision sought to be reviewed or from the
denial of any mo�on for reconsidera�on a�er judgment. Upon mo�on and payment of the full amount
of the docket fee and other lawful fees before the expira�on of the reglementary period, an addi�onal
�me of 15 days may be granted to file the pe��on. No further extension except for compelling reasons,
but in no case to exceed 15 days.
Sec. 2 Form and contents of the pe��on. -. Filed in seven legible copies, the original copy for the court
indicated therein, and shall state a) name of the par�es, the lower court need not be impleaded as a
party, b) indicate the material dates to show �meliness of the appeal, c) concise statement of maters
involved, the issues raised, the errors of law or fact commited, and reasons or arguments for allowance
of the appeal; d) atached clearly and legible duplicate originals of judgments or final orders appealed
from,, cer�fied as correct by the lower court, , and requisite plain copies of the same, and of pleadings
and material por�ons of the record as would support the pe��on.

• Also atach cer�ficate of non forum shopping (read contents of same)

Sec. 3 - Effect of failure to comply with the requirements - regarding docket fees and others may be
basis for dismissal of the appeal.

Sec. 4 - ac�on on the pe��on - The CA may require respondent to file a comment, not a mo�on to
dismiss . within 10 days from receipt of no�ce, or dismiss the pe��on if it finds the same patently
without merit. Prosecuted merely to delay or ques�ons raised therein too unsubstan�al to merit any
considera�on.

Sec. 5. Contents of the comment; Filed in seven legible copies with cer�fied true copies of material
por�on of record referred with suppor�ng papers. And shall state a) whether or not he accepts the
statement of the maters involved; b) point out insufficiencies or inaccuracies therein c) and reasons why
the pe��on shall not be given due course.

Sec. 6. Due course: Based on pleading allowed, or a�er lapse of period to submit, court finds prima
face reason to give due course to the pe��on, it shall be given such.

Sec 7. Eleva�on of record - if deemed necessary the clerk of court of the RTC may be required to
elevate records of the case within 15 days.

Sec. 8. Perfec�on of appeal. Effect thereof –

• Upon filing of the pe��on and payment of fees, for the appellant appeal is perfected.
• But the RTC loses jurisdic�on a�er perfec�on of appeal, and expira�on of �me for the other
party to file appeal
• Before the CA gives due course, the RTC may issue orders of the protec�on or preserva�on of
rights of par�es not li�gated by appeal, approve compromise agreements, permit indigent
appeal, order execu�on pending appeal and allow withdrawal of appeal.
• Appeal shall stay the judgment or final order, except in summary Proceedings where such
judgment becomes immediately executory.

Sec. 9. Submission for decision - if given due course, the court may set case for oral argument or
require memoranda within 15 days. Therea�er, upon filing of last pleading or memorandum, appeal
submited for decision.

Rule 43 – Civil Proc. II

Appeals from Court of Tax Appeals and other quasi-judicial agencies.

Sec. 1. Scope v- to apply to appeals form judgments or final orders of Court of Tax appeals, and from
awards, judgments, final orders or resolu�ons of or authorized by quasi judicial agencies in the exercise
of quasi judicial func�ons. Among the agencies are the Civil Service Commission, Central Board of
Assessment Appeal Security Commission, Land Registra�on Authority, Social Security Commission, Civil
Aeronau�cs Board, Bureau of Patents, Trademarks and Technology Transfer, Na�onal Electrifica�on
Commission, Department of Agrarian Reforms, GSIS, Agricultural Inven�ons Board, Insurance
Commission, Board of Investments, Philippine Atomic Commission, Board of Investments, Construc�on
Industry Commission, and Voluntary arbitrators authorized by law.

Sec. 2. This Rules shall not apply to judgments or final orders of Labor Code of the Philippines. (take
note) Cer�orari under Rule 65,

Sec. 3 Where to appeal - To the court of Appeals within the period as provided for and on ques�ons of
fact or law or mixed ques�ons oof facts and law.

Sec. 4. Period to appeal. Within 15 days from no�ce of final order or judgment or resolu�on or last
publica�on, if one is required. Or from denial of mo�on for reconsidera�on or ne trial. Only one
mo�on for new trial is allowed. Upon payment of required d docket before expira�on of reglementary
period, upon mo�on, CA may grant an addi�onal 15 days to file the pe��on for review. No further
extension except for most compelling grounds. If one is granted, not more than 15 days more.

Sec. 5. How appeal taken -by verified pe��on for review. 7 legible copies, with proof of service on
adverse party and on court or agency. Original copy for the CA to be indicated.

Upon filing of pe��on, payment of docket fees and costs to be made to then CA. Upon mo�on, such
payment may be dispensed by way of exemp�on granted upon mo�on.

Sec. 6. Contents of the pe��on- a) state names of par�es, Court or agencies deciding will not be
impleaded as a party; b) concise statement of facts and issues and grounds relied upon for review c) to
be accompanied by legible duplicate original or a cer�fied true copy of the award or judgment., together
with cer�fied true copies of material po�ons of the record referred to and other suppor�ng papers. Also
indicate the material dates showing �meliness of the appeal.

Sec.7. Effect of failure to comply with the requirement. – Maybe ground for dismissal. Including non -
pay of docket fees, etc.

Sec. 8. Ac�on on pe��on - Ca may require comment, not mo�on to dismiss, within 10 days or dismiss
the case outright if found to be patently without merit, prosecuted merely to delay or ques�ons raised
there in too unsubstan�al.to require considera�on.

Sec. 9. Contents of the comment - Filed within 10 days, in seven copies, accompanied by legible cer�fied
true copies if material por�ons of the record referred to. The comment shall a) point out to
insufficiencies or inaccuracies in statement of facts and issues, and b) the reasons why the pe��on
should be denied. Copy furnished iof the same to respondent with proof of service.
Sec. 10 - Due course . If CA finds, on basis of the comment and other pleading a prima facie case of
commission of errors of fact or law, it may give due course to the pe��on or dismiss the same outright.
Findings of facts of the court or agency supported by substan�al evidence shall be binding upon the CA.

Sec 11. Within 15 a�er given due course, CA may require court or agency to transmit the records which
m may be abridged by agreement or corrected or added to, if allowed.

Sec. 12. Effect of appeal. Shall not stay award or judgment unless otherwise directed. ( take note)

Sec. 13. If given due course, may be set for oral arguments or for memoranda to be submited. Upon
filing of last pleading of memorandum, appeal submited for decision.

Procedure in the Court of Appeals

Rule 44. Ordinary appealed cases

Sec. 1. Cases appealed to CA under Rule 41, same par�es as in court of origin,. Add appellant for the
one appealing, and appellee, for the adverse party.

Sec.2 . Counsel and guardian ad litem in court of origin shall be considered as such in the court of
appeals. Where others appear or are appointed, the adverse party shall be no�fied. Note: automa�cally
previous counsel in the lower court as well as guardian ad litem, retained in CA)

Sec. 3. Order for transmital of record. – If the original record or record on appeal is not transmited
within 30 days from perfec�on of appeal, either party may file a mo�on for their transmital

Sec. 4. Upon receipt of the original record or the record on appeal and accompanying documents and
exhibits, as well as proof pf payment of docket fees and cost, the clerk of court shall docket the case,
and no�fy the par�es therein. Within a period of ten days from receipt of such no�ce, the appellant in
appeals by record on appeal shall file with the clerk of court 7 copies of the approved record on appeal,
with proof of service of two of them upon the appellee. (from docke�ng, no�ce will be sent, and 10
days starts to count for submission of approved record on appeal)

Any unauthorized altera�ons omission or addi�on shall be a ground for dismissal of the appeal.

Sec. 5. Comple�on of record – Where the record of the docketed case is incomplete, the Clerk of Court
of CA will inform said court and recommend for measures necessary o complete the record, and it shall
be the duty of the of said court to take appropriate measures to complete the record within the shortest
possible �me, (innova�ve, no automa�c dismissal, opportunity to complete the records)

Sec�on 6. Dispensing with the complete record. Where the comple�on of the record cannot be
accomplished, within a sufficient period alloted for the purpose, the court, on mo�on, of any of the
par�es, may declare that the record, and accompanying exhibits shall be sufficient to decide the issues
raised, and issue an order explaining the reasons for such declara�on. ( even if records incomplete,
court may determine that the case can proceed on appeal)

Sec. 7. Appellant’s brief. – Appellant to file within 45 days from no�ce that all evidence, oral and
documentary, are atached to the record, 7 legible copies brief, typewriten, printed or mimeographed
with two copies furnished the other party. (period for prepara�on of brief is long, 45 days)

Sec.8. Appellee’s brief - Within 45 days from receipt of appellant’s brief, the appellee shall file with
court 7 copies of his brie, two copies, furnished the other party.

Sec. 9. Appellant’s reply brief - Within 20 days from receipt of appellee’s brief, appellant may file a
reply brief, answering points in the appellee’s brief not covered in his main brief..

Sec. 10; Time for file memoranda in special cases. In cer�orari, prohibi�on, mandamus, quo warranto,
and habeas corpus cases, the par�es shall file instead of brief, memoranda within 30 days from receipt
of no�ce from the clerk of court of that all evidence, oral and documentary, is already atached into the
record. (period is shorter, 30 days)

Sec. 11 – Several appellants or appellees or several counsel for each party - Only one copy of the brief to
be given ton one but not all.

Sec.12 – Extension of �me for filing briefs - only for good and sufficient cause, , if mo�on for extension is
�mely filed. (mo�on for extension must be �mely filed)

Sec.13 -Contents of Appellant’s brief.

• Subject index of mater in brief, with digest of arguments and page references and table of cases
and textbook references
• Assignment of errors intended to be urged.
• “Statement of the case” with summary of proceedings etc.
• Statement of Facts, in narra�ve form
• Concise and clear statement of issues of and law to be submited to the court for its judgment
• fact (note issues of facts and law)
• Under heading “Argument” for each assignment of errors
• G. Heading “Relief” for order or judgment sought to be secured. Cases not brought up by record
on appeal, an appendix , copy of judgment or final order appealed from

Sec. 14. – Contents of appellee’s brief –

• Subject mater in the brief with digest of arguments, and table of cases
• Heading Statement of facts, or counter statement of facts, poin�ng out inaccuracies or
insufficiencies he believes to exist.
• Heading “Argument” his arguments for each assignment of errors.;

Sec. 15 – Ques�ons that may be raised on appeal - Any ques�on of law or fact, raised in the court below
which is within the issues framed by the par�es.
 • (Point of clarifica�on, in case of appeal under Rule 41, appealed case to the CA from decision of
RTC on appeal, is done by filing of brief within 45 days, and par�es are called appellant and
appellee. Here the procedure is under Rule 44 on ordinary appealed cases.
• But if its appeal from decision of the RTC in exercise of its original jurisdic�on, it’s done by
verified pe��on for review with the CA, under Rule 42, and par�es are called pe��oner and
respondent – what is filed is not brief by verified pe��on for review within 15 days to the CA.
(impt. medyo nakakalito lang ng kaun�, kaun� lang naman)

Rule 45 - Appeal by cer�orari to the Supreme Court

Sec. 1 - Party desiring to appeal by cer�orari from judgment or final order of the Court of Appeals , the
Sandiganbayan, The Cout of Tax Appeals, The Regional trial Court, or other courts authorized by law,
may file a verified pe��on with the Supreme Court for review on cer�orari. The pe��on may include
applica�on for writ of preliminary injunc�on or other provisional remedies and may raise only ques�ons
of law dis�nctly set forth.

• An applica�on by way of a mo�on for provisional remedies may be filed in the course of the
proceedings. (under excep�onal circumstances, and really plenty of them as already ruled, even
ques�ons of facts are considered,. In the interest of jus�ce, elaborate with enumera�on of such
circumstances as already ruled) (although appeal, appellant here is designated as pe��oner in
the pe��on for review under Rule 45)
• Here only ques�on of law is raised, in special civil ac�on of cer�orari, the ac�on is based of grave
abuse of discre�on , excess of jurisdic�on of lack of jurisdic�on of the court rendering the same
- this is not appeal. To be filed within sixty days from receipt of the decision or order being
ques�oned.

Sec. 2. Time for filing extension. The pe��on shall be filed within 15 days from receipt of no�ce of
judgment or final order, or resolu�on appealed from., or from denial of mo�on for reconsidera�on of
new trial. Mo�on for extension to file may be made a�er payment of the docket fee and cost on �me,
and same maybe granted but not more than 30 days more. and only for jus�fiable reasons. (extension is
not more than 30 days)

Sec. 3. Docket and other lawful fees must be paid, with proof of service upon the other party of copy of
the pe��on.

Sec. 4. Contents of the pe��on. The pe��on shall consist of 18 copies, original indicated as copy of the
court..

a) full name of appealing party as pe��oner, and the adverse party as respondent., lower court or the
judges need not be impleaded as par�es. B) Indicate material dates to show �meliness of the appeal
c)concise statement of mater involved and reasons or argument relied upon in support of the appeal
d)accompanied by legible duplicate original or true copy of the judgment or final order appealed from
and requisite numbers of plain copies e) affidavit of non forum shopping. (take note of the outline, how
different from the others, if any)
Sec. 5. Dismissal or denial of pe��on. - failure to comply with any of the provisions stated , including
non payment of docket fees and cost are grounds for dismissal of the appeal

Sec. 6. Review discre�onary – not a mater of right but discre�onary, and granted only when there are
special and important reasons therefore. The following while neither controlling nor fully measuring
the court’s discre�on, indicate the character f the reasons which will be considered:

• When the court a quo has decided a ques�on of substance not heretofore determined or has
decided it probably not in accord with law or applicable decisions of the court;
• When the court a quo has so far departed from the accepted or usual course of judicial
proceedings , or so far sanc�on such departure by a lower court as to call for exercise of the
power of supervision.

Sec. 7. Pleadings and documents that maybe required; sanc�ons. SC may require such pleadings, briefs,
memoranda, or documents may require to determine whether the pe��on should be dismissed or given
due course. And m ay require appropriate sanc�ons for non- filing or unauthorized filing (note how
strict, SC na ata, mga as�g to)

Sec. 8. Due course eleva�on of records. A�er giving due course the CC may require eleva�on of the
complete record or specified po�ons thereof within 15 days from no�ce

Sec. 9. Rule applicable to both civil and criminal cases.

(here take note that the pe��on to be filed with SC is 18 copies, to be filed within 15 days subject to
extension. Only �me that 18 copies are required. Usually only 7 copies..)

Rule 46 – Procedure in ordinary cases with the CA.

Sec. 1 - Party ins�tu�ng is called pe��oner, and the adverse party, respondent.

Sec.2. To what ac�ons applicable. – To original ac�ons for cer�orari, prohibi�on, mandamus and quo
warranto.

Ac�ons for annulment of judgment to be governed by Rule 47, and for cer�orari, prohibi�on and
mandamus by Rule 65, and quo warranto by Rule 66..

Sec. 3. Contents and filing of the pe��on.. Shall contain the full names of the pe��oners and
respondents, and actual addresses; concise statement of maters involved. Factual background, and
grounds relied upon for relief prayed for.

• In ac�ons filed under Rule 65, the pe��on shall show or indicate, the material dates showing
when no�ce of the order or resolu�on was received, and when mo�on for new trial, for
reconsidera�on if any, and the no�ce of denial of the same. (why more detailed?) the �me for
filing is sixty day form receipt of judgment order resolu�on being assailed)
• It shall be filed 7 in legible copies, with proof of service upon defendant, original copy for the
court indicated therein. Clearly legible copes of duplicate original or cer�fied true copy of the
judgment, order or resolu�on should be atached thereto plus requisite copies thereof.
 • Also, affidavit of non-forum shopping.

Sec. 4. Jurisdic�on over person of the respondent, how acquired.

By service to him of the order or judgment, or resolu�on, indica�ng ini�al ac�on on the pe��on or by his
voluntary submission to such jurisdic�on.

Sec. 5. Ac�on by the court. The court may dismiss the ac�on outright with specific reasons for the
same, or require respondent to file his comment within 10 days from no�ce. Only pleadings required by
the court shall be allowed.. All other pleadings and papers may be filed with leave of court.

Sec. 6. Determina�on of factual issues - Court may conduct hearings, or delegate recep�on of
evidence to any of its members or to an appropriate court or agency or office.

Sec. 7. Effect of failure to file comment - Case may be decided based on the facts of the case without
prejudice to any disciplinary ac�on that may be imposed against disobedient party.. (note, not
immediate dismissal; in fact may even be dismissed if without merit)

Rule 47 – Annulment of judgments or final orders and resolu�ons.

Sec. 1 - Coverage – annulment by CA for judgments or final orders of RTC for which no ordinary
remedies of new trial or reconsidera�on, pe��on for relief, or other appropriate remedies are no longer
available through no fault of the pe��oner.

Sec. 2. – the annulment may be based on extrinsic fraud and lack of jurisdic�on.

Extrinsic fraud shall not be a valid ground if it was availed of or could have been availed of in a mo�on
for new trial or pe��on for relief from judgment. (take note)

Sec. 3 - Period for filing ac�on - if based on extrinsic fraud, his ac�on must be filed within 4 years from
its discovery, and if based on lack of jurisdic�on, before it is barred by Ac�on by the court - laches or
estoppel.

Sec. 4 -Filing and contents of the pe��on - ac�on shall be commenced by filing of verified pe��on
alleging with par�cularity the facts and law relied upon for annulment as well as suppor�ng the
pe��oner’s good and substan�al cause of ac�on or defense , as the case maybe.

Pe��on shall be in 7 legible copies with sufficient copies for respondents . Cer�fied true copy of the
judgment or final orders shall be atached . Also the affidavit against non-forum shopping..

Sec.5 - Ac�on by the court – Should the court find no substan�al merit in the pe��on may be
dismissed outright with specific reasons for such dismissal.

Should prima facie merit be found in the pe��on, the same may be given due course and summons be
served upon the respondent. (take note, not comment, because is if trial in the ordinary case -
therefore, like an answer)
 Sec. 6. Procedure - Procedure in ordinary civil cases shall be observed. Should a trial be necessary, the
recep�on of evidence may be referred to a member of the court, or a of an RTC.

Sec. 7 - Effect of judgment - judgment of annulment shall set aside or the judgment annulled

Or final order or resolu�on, and render the same as null an void. , without prejudice to the original
ac�on being refiled in the proper court. However, where the judgment or final order is set aside, on
ground of extrinsic fraud, the court may, on mo�on, order the trial court to try the case as if a �mely
mo�on for new trial had been granted.

Sec. 8. Suspension of prescrip�ve period – the prescrip�ve period for refiling of the aforesaid original
ac�on shall be suspended from the filing of such original ac�on ,un�l the finality of judgment of
annulment. However, the period shall not be suspended if where the extrinsic fraud is atributable to
the fault of the plain�ff in the original ac�on (noted)

Sec. 9 -Relief available – judgment of annulment may include award of damages, atorney’s fees and
other reliefs.

If the ques�oned judgment or final order had already been executed, the court m ay issue such orders of
res�tu�on or other reliefs as jus�ce and equity may warrant under the circumstances.

Sec. 10 - Annulment or judgment or final orders of the Municipal Trial Court - An ac�on to annul a
judgment or final order of a Municipal Trial Court, shall be filed in the RTC having jurisdic�on over the
former. It shall be treated as an ordinary civil ac�on with the applicable rules thereunder.