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1. Appeal may be taken from a judgment or final order that completely disposes of the case or of a particular matter therein. 2. No appeal may be taken from: 1. Order denying a motion for new trial or recon; 2. Order denying a petition for relief or any similar motion seeking relief from judgment; 3. Interlocutory order; 4. Order disallowing or dismissing an appeal; 5. Order denying a motion to set aside a judgment by consent, confession, compromise on the ground of fraud, mistake, or duress, or any other ground vitiating consent; 6. Order of execution;
à Not appealable because execution is only the result of the judgment. If order of execution is not in accord with the dispositive portion, remedy is certiorari under Rule 65.
7. Judgment or final order for or against one or more of several parties or in separate claims, while the main case is pending, unless the court allows an appeal therefrom; 8. Order dismissing an action without prejudice;
à In all these cases, aggrieved party may file an appropriate civil action under Rule 65.
1. Ordinary appeal from RTC (in the exercise of original jurisdiction) to CA is by filing notice of appeal with the RTC within 15 days from notice of its judgment. Record on appeal required only for special proceedings and where multiple appeals allowed filed within 30 days. 2. Motion for extension of time to file a motion for new trial or reconsideration is prohibited. 3. Contents of Notice on appeal: 1. Names of the parties to the appeal; 2. Specify judgment or final order or part thereof appealed from; 3. Court to which the appeal is being taken; 4. Material dates showing timeliness of appeal;
6. Contents of Record on appeal:
1. Full names of all parties to the proceedings shall be stated in the caption; 2. Include judgment or final order from which appeal taken; 3. In chronological order, copies of only such pleadings, petitions, etc. and all interlocutory orders as are related to the appealed judgment; 4. Data showing that appeal perfected in time – material data rule; 5. If an issue of fact is to be raised, include by reference all the evidence, oral or documentary, taken upon the issues involved.
7. Appeal from decision of RTC in appellate jurisdiction is by petition for review filed with CA. 8. Where only questions of law are raised, by petition for review on certiorari with SC. 9. Notice of Appeal and Record of Appeal distinguished:
Full names of parties to case. Concise statement of matters involved. Cases covered by Summary Procedure Rule 42 Petition for Review from the RTC to the CA 1. 5. 3. 1. Certification under oath of non-forum shopping. Contents of comment In 7 legible copies. Form and contents of petition for review (from RTC to CA) In 7 legible copies: 1. State whether or not appellee accepts the statement of matters involved in the petition. and the reasons or arguments relied upon for the allowance of the appeal. . specification of errors of fact or law. accompanied by certified true copies of material portions of record and other supporting papers: 1. 2. Failure to pay appellate docket fees within the reglamentary period is ground for dismissal of appeal. 11. Court loses jurisdiction over case upon perfection of the appeals filed in due time and expiration of time to appeal of other parties 10. General Rule: An ordinary appeal stays the execution of a judgment Exceptions: a. Executions pending appeal c. 2. 2. or both allegedly committed by the RTC. issues raised.Notice of Appeal Party’s appeal by notice of appeal deemed perfected as to him upon the filing of the notice of appeal in due time Record of Appeal Deemed perfected as to appellant with respect to the subject matter upon the approval of the record on appeal filed in due time Court loses jurisdiction only over subject matter upon approval of records on appeal filed in due time and expiration of the time to appeal of other parties. Accompanied by clearly legible duplicate originals or true copies of the judgments or final order of both MTC and RTC. without impleading the lower courts or judges thereof. 1. 4. Indicate specific material dates showing it was filed on time. Point out such insufficiencies or inaccuracies as he believes exists in petitioner’s statement of matters. Decisions of quasi-judicial body appealed to the CA b.
M. 3.3. Employees Compensation Commission. Agricultural Inventions Board. Land Registration Authority. 9. Quasi-judicial agencies covered: 1. Require respondent to file a comment. Trademarks and Technology Transfer. CA may: 1. Insurance Commission. any appeal by way of petition for review from a decision. Office of the President. Department of Agrarian Reform under RA No. or Dismiss the petition if it finds: Patently without merit Prosecuted manifestly for delay Questions raised are to insubstantial to require consideration Rule 43 Appeals from the CTA and Quasi-Judicial Agencies to the CA 1. . Desierto – Appeals from decisions of the Office of the Ombudsman in administrative disciplinary cases should be taken to the CA under Rule 43. National Telecommunications Commission. 1. Appeals from judgments and final orders of the Court of Tax Appeals and quasi-judicial agencies in exercise of quasi-judicial functions (unless otherwise provided by law and the Labor Code [NLRC decisions]) shall be by petition for review to the CA. 6657. 3. GSIS. but shall be dismissed. 11. Only 1 Motion for reconsideration allowed 2. Securities and Exchange Commission. Civil Aeronautics Board. Civil Service Commission. National Electrification Administration. 18. Construction Industry Arbitration Commission. 2. Energy Regulatory Board. Bureau of Patents. to be taken within 15 days from notice of award or judgment or from notice of the denial of the motion for reconsideration. 15. or special civil action relative to such decision. NOT SC à Fabian vs. NLRC – DECISIONS OF THE NLRC – ORIGINAL ACTION FOR CERTIORARI UNDER RULE 65 FILED WITH THE CA. final resolution or order of the Ombudsman. Central Board of Assessment Appeals. State reasons why petition should not be give due course. Æ According to A. 6. 8. 17. no. 12. 1999). 99-2-02-SC (promulgated February 9. 16. 2. 2. 1999 shall no longer be referred to the CA. filed with the SC after March 15. 13. 3. Voluntary arbitrators à St. 7. 10. 1. 2. Martin’s Funeral Home vs. 14. Social Security Commission. 4. 5.
4. A notice of appeal need not be approved by the judge. Grounds for annulment of judgment of RTC in civil cases: . The conclusion is a finding grounded entirely on speculations. 2. Camacho: An RTC judge has no right to disapprove a notice of appeal on the ground that the issues raised involve a pure question of law. 5. unlike a record on appeal. not the RTC judge. or impossible. 3. and that the mode of appeal is erroneous. RTC on pure questions of law. 6. Certiorari as mode of appeal: From judgment or final order of the CA. Rule 47 Annulment of Judgments or Final Orders and Resolutions 1. would justify a different conclusion. Findings of fact of the CA may be reviewed by the SC on appeal by certiorari when: 1. Question of Law – exists when doubt or difference arises as to what the law is. went beyond the issues of the case and the same is contrary to the admissions made. or conjectures. There is grave abuse of discretion. Rule 45 and Rule 65 distinguished: Rule 45 No need for Motion for Recon Relates to final judgments An appeal 15 days from notice of judgment Rule 65 Motion for Recon generally required Applies to interlocutory orders rendered in excess/lack of jurisdiction Not an appeal in the strict sense 60 days from notice of judgment à Kho vs. That is the prerogative of the CA. based on a certain state of facts Question of Fact – exists when doubt or difference arises as to the truth or the falsehood of alleged facts 2. 4. if properly considered. Findings of fact of trial court and CA are conflicting. in making its findings. CA manifestly overlooked certain relevant facts not disputed by the parties and which. 7. absurd. surmises. The inference made is manifestly mistaken. or other courts whenever authorized by law. The judgment is based on misapprehension of facts.Rule 45 Appeal by Certiorari to the Supreme Court 1. 3. Sandiganbayan. by filing a petition for review on certiorari with the SC within 15 days from notice of judgment. The CA.
but not if it is lack of jurisdiction. à Prescriptive period for refiling the original action is suspended unless the extrinsic fraud is attributable to the plaintiff in the original action. 2. . 5. Unauthorized alterations. Judgment or order appealed from is not appealable. omissions.1. Rule 50 Dismissal of Appeal 1. Failure of the appellant to take necessary steps for the completion or correction of the record within the time limited by the order. or additions in the approved record on appeal. Absence of specific assignment of errors in appellants brief or page references to the record. Failure of the appellant to serve and file the required number of copies of his brief or memorandum within the time provided. Grounds for dismissal of appeal by the CA: 1. or directives of the court without justifiable cause 9. 7. 1. Lack of jurisdiction – must be filed before action barred by laches. Petition for annulment available only if ordinary remedies of new trial. 4. Periods: 1. 2. 3. Effects of judgment of annulment – gives the CA authority to order the trial court on motion to try the case if the ground for annulment is extrinsic fraud. circulars. Lack of jurisdiction. Extrinsic fraud – not available as a ground if availed of earlier in a motion for new trial or petition for relief 2. For extrinsic fraud – four years from discovery. appeal. 6. petition for relief or other appropriate remedies no longer available through no fault of the Petitioner. 3. Failure to file the notice of appeal or record on appeal within the period. Failure of the record on appeal to show on its face that the appeal was taken within the reglamentary period. 4. Failure of appellant to appear at the preliminary conference or to comply with orders. 8. Failure of the appellant to pay the docket and other lawful fees. 1.
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