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REMEDIES AFTER
JUDGMENT
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MODES OF APPEAL

• (Ordinary Appeal) applies to appeals from

RULE the judgment or final order of the RTC in
41 the exercise of its original jurisdiction.

• Petition for Review- applies to an appeal

RULE from the judgment or final order of the RTC
to the CA in cases decided by the RTC in the
42 exercise of its appellate jurisdiction.

• Petition for Review o

RULE Certiorari to the Supreme
45 Court on purely questions of
law.
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MATTERS NOT APPEALABLE:

1. An order denying a petition

for relief or any similar motion
seeking relief from judgment;
(b) An interlocutory order;
(c) An order disallowing or
dismissing an appeal;
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Not appealable:
4, Anorder 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;
5. An order of execution;
6. 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
7. An order dismissing an action without prejudice
(Sec. 1, RULE 41
 + DISTINCTIONS:
Motion for New Trial Petition for Relief from Action to Annul
(Rule 37) Judgment (Rule 38) judgment (Rule 47)

Grounds: Grounds: Grounds:

1. Extrinsic fraud 5. Extrinsic fraud 1. Extrinsic fraud
2. Accident 6. Accident 2. Lack of jurisdiction over
Mistake of fact Mistake of fact the subject matter
Excusable negligence Excusable negligence

Period of filing: Period of filing: Period of filing:

Within fifteen (15) days
from receipt of notice of 1. Within sixty (60) after 1. Extrinsic four (4)
judgment or final order petitioner learns of the discovery
(Notice of Appeal); or judgment or order, and not 2. Lack ofbefore barred by
Within thirty (30) days more than six (6) months laches or estoppel fraud –
from receipt of notice of after entry of judgment. within years from
judgment or final order jurisdiction –