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BLL Notes =)

Rule 36 – JUDGEMENTS, FINAL ORDERS AND ENTRY THEREOF

Five requisites of a valid judgement

1. The court must have jurisdiction over the subject matter


2. The court must have jurisdiction over the person of the defendant, and in case defendant is a
non-resident, the rendering judgment must have jurisdiction over the res
3. The court must have jurisdiction over the issues
4. The court must be validly constituted court and the judge thereof, a judge de jure or de facto
5. The judgement must be rendered after lawful hearing

FORMAL Requisites of a valid judgement

1. The judgement shall be in writing


2. It shall be personally and directly prepared by the judge
3. It shall state clearly and distinctly the facts and the law on which it is based
4. It shall be signed by the judge and filed with the court

*Memorandum Decision > the adoption of a previous ruling in toto.

*Decision > it is the entire written effort from the first sentence until the end. It contains everything from
the finding of facts, discussion of evidence.

*Judgment > is the dispositive portion or decretal portion, which is sometimes called fallo . it is usually
the last paragraph – the “WHEREFORE”.

*Racio Decidendi or Reasoning > it is the discussions, finding of facts, conclusion of law to justify the
fallo/judgement.

*As a general rule, the JUDGEMENT shall prevail in case of conflict with the decision for it is an
elementary rule of procedure that the resolution of the court in a given case, as embodied in the
dispositive part of the decision, is the controlling factor that determines and settles the rights of the
parties and the issues presented therein. However, where inevitable conclusion from the body of the
decision is so clear as to show that there was a mistake in the dispositive portion, the body of the
decision will prevail.

Types of Judgement

1. Sin Perjucio Judgement > is one which contains only the dispositive portion of the decision and
reserves the making of findings of fact and conclusions of law in a subsequent judgement. There
is “WHEREFORE” without a racio decidendi. It is VOID.

2. Conditional Judgement > is one which is subject to the performance of a condition precedent
and is not final until the condition is performed. It is VOID.

3. Incomplete Judgement > is one which leaves certain matters to be settled in a subsequent
proceeding. There is a decision but there are still matters to be incorporated later in such
decision like an interlocutory judgement. It does not dispose the controversy completely.
Judgement is DEFECTIVE.

4. Nunc Pro Tunc Judgement > means “judgement now for then”. It is an amended judgment where
certain matters which are contained in the records and transpired in court were not
incorporated. It is not proper in the ff. instances:
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a. It cannot remedy errors or omission in an imperfect or improper judgement.


b. It cannot change the judgement in any material respect.

c. It cannot correct judicial errors, however, flagrant and glaring they may be.

5. Judgment Upon A Compromise > is a judgment rendered with the consent of the parties for the
purpose of effecting a compromise or settlement of an action.

6. Judgment Upon a Confession (COGNOVIT JUDGMENT) > is one entered against a person upon
his admission or confession of liability without the formality, time and expense involved in an
ordinary proceeding.

VS. Default Judgment > the defendant failed to answer so he is declared in default.

VS. Judgment upon the pleadings > the defendant filed an answer but the answer contains no
defense.

VS. Judgment upon a confession > the defendant will not file an answer but will tell the court
that he is admitting liability.

*Compromise > it is a contract whereby the parties, by making reciprocal concessions, avoid litigation or
put an end to one already commenced (NCC, Art. 2028).

*A lawyer cannot, without special authority, compromise his client’s litigation. A judgment upon a
compromise entered by the court not subscribed by the party sought to be bound by the compromise
agreement, and in the absence of special authority to the lawyer to bind his client in the said agreement
is UNENFORCEABLE.

Legal Effects of a Judgment based upon a compromise agreement

1. It is not appealable.

2. It is immediately executory.

3. It cannot be annulled unless it is vitiated with error, deceit, violence or forgery of documents.

4. It constitutes res adjudicata.

Remedy to invalidate the compromise agreement and there is already judgment on the ground that your
consent is vitiated by mistake, error, deceit, or violence.

 If the 15-day period has expired – file an action for annulment of judgment before the CA in
pursuant to Sec. 9, par. 2 of BP Blg. 129.

 If the 15-day period has not yet expired – file a motion for new trial based on FAME or NDE or
seek for recall or modification of the judgment by means of a motion for reconsideration on the
ground that the decision or final order is contrary to law.

Distinguish COMPROMISE from a JUDGMENT UPON A CONFESSION

COMPROMISE JUDGMENT UPON A CONFESSION

 The liability of the defendant is to be  The defendant confesses the action and
determined in accordance with the consents to the judgment that the court
terms of the agreement of the parties. may render in accordance with the
compromise and the prayer therein.

 There is give and take. There is reciprocal  Is unilateral. It comes from the
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concessions. defendant who admits his liability and


accepts that judgment be rendered
against him.

*As a general rule, FINAL AND EXECUTORY JUDGEMENTS are immutable and unalterable except when
there is 1.) clerical errors; 2.) nunc pro tunc entries which cause no prejudice to any party; 3.) void
judgements …..and 4.) Judgment for Support.

*The date of finality of judgment shall be deemed to be the date of its entry.

Effects when judgment becomes final and executor

1. The prevailing party is entitled to have the judgment executed as a matter of right and the
issuance of the corresponding writ of execution becomes a ministerial duty of the court.

2. The court rendering the judgment loses jurisdiction over the case so that it can no longer correct
judgment in substance.

3. Res Adjudicata supervenes.

SEVERAL JUDGMENT VS. PARTIAL JUDGEMENTS

SEVERAL JUDGMENT (Rule 36, Sec. 5) PARTIAL JUDGEMENTS (Rule 35, Sec. 4)

 It involves several parties  It involves several claims between the


same parties.

 It seems to be the result of trial on merits.  It applies when some matters are resolved
on motion for summary judgment and
others require trial.

*A several judgment is proper when the liability of each party is clearly separable and distinct from that
of his co-parties, such that the claims against each of them could have been the subject of separate suits,
and judgment for or against one of them will not necessarily affect the other.

Rule 37 – NEW TRIAL OR RECONSIDERATION

Grounds for a Motion for New Trial (MNT)

1. Fraud, Accident, Mistake and Excusable Negligence (FAME)

o Must be EXTRINSIC fraud – that type of fraud which has prevented a party from having a
trial or from presenting his case in court as opposed to intrinsic fraud which is based on
the acts of a party in litigation during the trial.

2. Newly Discovered Evidence (NDE)

o Requisites:

1. That the evidence was discovered after trial

2. That it could not have been discovered during trial even with exercise of reasonable
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diligence. – Forgotten evidence is not a ground for new trial.


3. That if admitted, such evidence would alter the result.

Grounds for Motion for Reconsideration (MR)

1. Damages awarded are excessive.

2. The evidence is insufficient to justify the decision or order

3. The decision or final order is contrary to law.

*Effect of filing a MNT or MR on the period to appeal > The period to appeal is suspended except when
MNT or MR is pro forma. When your motion is denied, you still have the remaining balance of the period
to appeal.

MOTION FOR NEW TRIAL VS. MOTION FOR REOPENING OF TRIAL

MOTION FOR NEW TRIAL MOTION FOR REOPENING OF TRIAL

 It takes place after judgment.  It takes place before judgment.

 It is based on grounds defined in the Rules.  It is dictated by interest of justice and rests
on court’s discretion.

 Always on motion of aggrieved party.  May be done on the court’s initiative.

Requisites for Motion for New Trial – Ground is FAME.

1. It must be in writing.

2. Serve on adverse party.

3. Accompanied by 2 affidavits:

a. Affidavit of facts and circumstances constituting FAME

b. Affidavit of merit/meritorious cause of action or defense.

*Affidavit of Merits > is one which recited the nature and character of FAME on which the motion is
based and stating the movant’s good and substantial cause of action or defense and the evidence he
intends to present if the motion is granted, which evidence should be such as to warrant reasonable
belief that the result of the case would probably be otherwise.

Requisites for Motion for New Trial – Ground is NDE

1. It must be in writing.

2. Serve on adverse party.

3. Must include:

a. Affidavit of witnesses sought to be introduced, OR

b. Authenticated copies of the documents to be introduced.

Requisites for Motion for Reconsideration

1. It must be in writing.
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2. Serve on adverse party.


3. Must point specifically:

a. Findings or conclusions not supported by evidence, with express reference to record of


case

b. OR, if it contrary to law, make reference to provisions of law.

*A proforma MNT or MR shall not toll the reglementary period of appeal.

Distinguish MOTION FOR NEW TRIAL from MOTION FOR RECONSIDERATION

MOTION FOR NEW TRIAL MOTION FOR RECONSIDERATION

As to grounds:  The grounds as FAME  The gounds are excessive damages,


and NDE decision is not supported with
evidence or decision is contrary to
law.

As to trial:  If motion is granted,  If motion is granted, there is no trial


there is trial de novo for de novo. The court will only amend
FAME, but no trial de its decision.
novo for NDE.

As to a Second  It is allowed if the  It is always prohibited under the


Motion: ground was not existing rules.
when the first MNT was
filed.

*Second Motion for New Trial > A motion for new trial shall include all the grounds then available and
those not so included shall be deemed waived. A second MNT based on the ground not existing nor
available when the first motion was made, may be filed within the time herein provided excluding the
time during which the first motion had been pending.

*In case a separate judgment is rendered, the court by order may stay its enforcement until the
rendition of a subsequent judgment/s and may prescribe such conditions as may be necessary to secure
the benefit thereof to the party in whose favor the judgment is rendered.

*An order denying a motion for new trial or reconsideration is not appealable, the REMEDY being an
appeal from the judgment or final order.

RULE 38 – RELIEF FROM JUDGEMENTS, ORDERS, OR OTHER PROCEEDINGS

Remedies available to a defaulted defendant

1. Before judgment upon default > File Motion to Set Aside the Order of Default on the ground
that his failure to answer was because of FAME under Rule 9.

2. There is already judgment but before it becomes final and executory > File Motion For New
trial under Rule 37.

3. Judgment becomes final and executory > File Petition For Relief of Judgment on the ground of
FAME under Rule 38.
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*Petition for Relief from Judgment (PRJ) > it is a petition filed after the judgment becomes final and
executory but within the period prescribed in Sec. 3, Rule 38.

Period when filing petition for relief (Sec. 3, Rule 38)

1. Within 60 days from the time the petitioner learns of the judgment, order or other
proceedings to be set aside, AND

2. Not more than 6 months after such judgment or final order was entered or such proceeding
was taken.

*A party who has filed a timely motion for new trial cannot file a petition for relief after his motion has
been denied. These two remedies are exclusive of each other.

*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, 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. >>> You are NOT
questioning the judgment but only the ORDER NOT ALLOWING YOU TO APPEAL.

*Preliminary Injuction pending proceedings > Under Section 5, Rule 38, you can ask the court to issue a
writ of PRELIMINARY INJUNCTION to stop the enforcement of the judgment. But you have to put a bond
conditioned that in the event that my petition for relief is not meritorious, you will pay for all the
damages that the other party will incur because of the delay of the execution.

2 Hearings conducted in a proceeding for relief from judgment

1. A Hearing to determine whether the judgment or order complained of should be et aside. AND

2. If the decision thereon is in the affirmative, a Hearing on the merits of the principal case.

*In a Petition for Relief from Judgment, you are not asking the court to change its decision. When it is
granted, the decision against you will be set aside as if it was never rendered and we will try the case all
over again. The court has no power to change its decision because it has already become final and
executor. But its power under Rule 38 is to SET ASIDE as if it was never rendered and conduct a new trial
as if a motion for new trial has been filed.

Nothing Follows…
BLLnemehotatse
March 5, 2011 @ 12:18pm

BLL Notes 
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RULE 39 – EXECUTION, SATISFACTION AND EFFECT OF JUDGMENTS


*Execution > it is the remedy provided by the law for the enforcement of a judgment; it is the life of law.
> it is generally done by filing a motion for execution by the prevailing party and
the court will then issue an ORDER OF EXECUTION, which will be followed with a WRIT OF EXECUTION,
and the sheriff will enforce the judgment.

*Writ of Execution > is a document which is issued by the court addressed to the sheriff.

CLASSES OF EXECUTION

As to their nature:

1. COMPULSORY execution > known as Execution As A Matter of Right.

Conditions: 1. If a judgment has disposed already of the action or proceeding then it can be
executed.

2.The period to appeal has expired and no appeal has been filed/taken from the
judgment.

* It is a matter of right in the following instances:

1. Rule 39, Sec. 1, par. 1 – no appeal; judgment becomes final .

2. Rule 39, Sec. 1, par. 2 – there is an appeal, once the CA judgment becomes final.

3. Rule 39, Sec. 4 – Judgment in an action for injunction, receivership, accounting,


support, judgment declared to be immediately executory.

4. Rule 70 – Judgment in Forcible entry and Unlawful Detainer cases.

2. DISCRETIONARY execution > known as Execution Pending Appeal.

> should only be granted only when the considerations are clearly outweighed
by superior circumstances demanding urgency.

Requisites: 1. There must be a motion filed by the prevailing party.

2.There must be a notice of the motion given to the adverse party.

3. There must be good reasons to execute to be stated in a special order


after due hearing.

As to how it is enforced:

1. Execution by MOTION > it means that the prevailing party shall ask the court to issue writ of
execution by simply filing a motion in the same case within 5 years from the date of its entry.

*The rule on period (within 5 years) is not absolute and admits one notable exception and that is when
the delay in enforcing the judgment is caused or occasioned by the actions of the judgment debtor
and/or is incurred for his benefit.

2. Execution by INDEPENDENT ACTION > within 5 years to 10 years.

> Dormant Judgment - is one which is not executed within 5 years. It can be awaken by
filing another civil action for revival of judgment, which is called EXECUTION BY INDEPENDENT
ACTION which must be filed before it is barred by the statute of limitations.
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* 2-fold object of Execution By Independent Action.


1. To revive the dormant judgment.

2. To execute the judgment reviving it, if it grants the plaintiff any relief.

*No matter how erroneous a judgment may be, so long as the lower court had jurisdiction over the
parties and the subject matter in litigation, the said judgment is enforceable by execution once it
becomes final and executory. If it is erroneous, the remedy is to appeal, otherwise, the error becomes
final.

*’Final’ judgment VS. ‘Final and Executory’

> A final order or judgment is one that finally disposes of the action on the merits leaving
nothing to be done by the court, whereas a final & executor judgment is one where the period to appeal
has expired, and no appeal has been taken.

*EXCEPTIONS where judgment is enforceable by execution once it becomes final and executory

1. When there has been a change in the situation of the parties, which makes the execution
inequitable. Also known as SUPERVENING FACT DOCTRINE, the supervening event must happen after
the judgment has become final and executory.

2. When it appears that the controversy has never been submitted to the judgment of the court.

3. When the judgment was novated by subsequent agreement of the parties (I,e. Compromise
Agreement).

4. When it appears that the writ of execution has been improvidently issued.

5. When the writ of execution is defective in substance.

6. When the writ of execution is issued against the wrong party.

7. When the judgment debt has been paid or otherwise satisfied.

JUDGEMENTS NOT STAYED BY APPEAL , meaning declared to be declared to be immediately executor

1. Judgment for Injunction

2. Judgment for receivership

3. Judgment for accounting

4. Judgment for support

5. Other judgments as are now and hereafter be declared to be immediately executory.

*Dormant Judgment - is one which is not executed within 5 years.

> it can be awaken by filing another civil action for revival of judgment, which is called EXECUTION BY
INDEPENDENT ACTION which must be filed before it is barred by the statute of limitations.

EFFECT OF A DEATH OF A PART ON THE EXECUTION OF JUDGMENT

1. If it is the OBLIGEE (the creditor) will die after he wins the case, his executor or
administrator, his legal representative or his heirs and successors in interest can enforce the
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judgment. They will be the one to collect.


2. If it is the OBLIGOR (the defendant/debtor) who dies and there is final judgment which is
recovery of real or personal property, the judgment is executed against the administrator or
executor because this is an action which survives.

3. In case of the death of the judgment obligor, after execution is actually levied upon any of
his property, the same may be sold for the satisfaction of the judgment obligation, and the
officer making the sale shall account to the corresponding executor or administrator for any
surplus in his hands. This is all about money claims.

TYPE of JUDGMENT REQUIRING EXECUTION

1. Money Judgment, by demand or levy, garnishment

2. Judgment for specific acts, by conveyance, delivery, sale, removal or demolition

3. Special Judgment

Execution of judgments for money, how enforced?

 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 obligor cannot pay all or part of the obligation in cash, check or other mode of
payment acceptable to the judgment oblige, the officer shall levy upon the properties of the
judgment obligor not otherwise exempt from execution giving the judgment obligor the option
to immediately choose which property or part thereof may be levied upon, sufficient to satisfy
the judgment obligation.

 If the judgment obligor does not exercise the option, the officer shall first levy on the personal
properties, if any, and then on the real properties if the personal properties are insufficient to
answer the judgment.

*Levy > it the act whereby a sheriff set apart or appropriates, for the purpose of satisfying the command
of the writ, a part or the whole of the judgment debtor’s property.

How to levy on intangibles? – GARNISHMENT

 The officer may levy on debts due to the judgment obligor and other credits including bank
deposits, financial interests, royalties, commissions and other personal property not capable of
manual delivery by sending a notice upon the person owing such debts or having in his
possession or control such credits, and it shall cover only such amount as will satisfy the
judgment.

 Garnishee (person owing such debts) makes a report to the court stating whether the funds with
him are sufficient or how much within 5 days.

 Garnished amount is delivered directly to the judgment oblige within 10 working days.

Execution of Judgment other than money

a. Conveyance, delivery of deeds or other specific acts; vesting title

b. Sale of real or personal property

c. Delivery or restitution of real property (ask the person against whom the judgment is
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directed to vacate peaceably the property within 3 workings days.)


d. Removal of improvements on property subject of execution – the officer shall not destroy,
demolish, or remove said improvements except upon special order of the court.

Requisites for Writ of Demolition

1. Written motion with notice to adverse party and hearing of the motion.

2. Special order issued by the court

3. Reasonable time to remove.

e. Delivery of personal property – I,e. REPLEVIN – action to recover personal property where
the plaintiff is trying to repossess a personal property from the judgment.

*Ordinary Judgment > if the judgment orders the defendant to pay money, like a collection case or to
deliver real or personal property.

*Special Judgment > is a judgment which requires the defendant to perform an act other than payment
of money or delivery of property. It refers to a specific act which a party or person must personally do
because his personal qualification and circumstances have been taken into consideration.

PROPERTY EXEMPT FROM EXECUTION

1. Family home or homestead in which judgment obligor resides

2. Ordinary tools and implements personally used in his trade, employment or livelihood

3. Three horses or three cows or three carabaos, or other beasts of burden

4. His necessary clothing and articles for ordinary personal use excluding jewelries.

5. Household furniture and utensils necessary for housekeeping not exceeding 100 thousand

6. Provisions for individual or family use sufficient for 4 months

7. The professional libraries and equipment of judges, lawyers and other professional not
exceeding 300 thousand

8. One fishing boat and accessories not exceeding 100 thousand owned by the fisherman

9. So much of the salaries, wages, earnings for his personal services within 4 months

10. Lettered gravestones

11. Monies, benefits privileges growing out of any life insurance

12. The right to receive legal support from the Government

13. Properties specially exempted by law

Note: But no article or species of property mentioned above shall be exempt from execution issued upon
a judgment recovered for its price or upon a judgment of foreclosure of a mortgage thereon.

When do you invoke exemption?

 Any claim for exemption from execution of properties must be presented BEFORE its sale on
execution by the sheriff.
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*LIFETIME OF A WRIT OF EXECUTION > valid for five years.


RULE 40 – APPEAL FROM MUNICIPAL TRIAL COURTS TO THE REGIONAL TRIAL COURTS

Under BP 129, Sec. 39:

Type of Case Period to Appeal Requisites for Appeal

Civil Actions in general 15 days Notice of Appeal

Special proceedings & Civil 30 days 1. Notice of Appeal


Actions where multiple appeal is
2. Record on Appeal
allowed

Habeas Corpus 48 days Notice of Appeal

*Docket Fee > condition sine qua non for perfection of an appeal.

Sample of Multiple Appeals

1. Special proceedings

2. Recovery of property and accounting

3. Partition and Accounting

4. Eminent domain

5. Foreclosure of mortgage

6. Judgment for or against one of several defendants

*The appeal is taken by filing a notice of appeal with the court that rendered the judgment or final order
appealed from. And from the moment the appeal is deemed perfected, the MTC loses jurisdiction over
the case, and by fiction of law, jurisdiction is automatically transferred to the RTC.

* A record on appeal is simply a reproduction of all the pleadings filed by the parties, all the motions
filed by the parties, all the orders issued by the court and the final judgment rendered by the court
arranged in chronological order.

Procedure in the RTC upon the transmittal of the original record or the record on appeal…

1. Upon receipt of the complete record or the record on appeal, the clerk of court of the RTC
shall notify the parties of such fact.

2. Within 15 days from such notice, it shall be the duty of the appellant to submit a
memorandum which shall briefly discuss the errors imputed to the lower court. And, within 15 days from
receipt of the appellant’s memorandum, the appellee may file his memorandum. Failure of the appellant
to file his memorandum shall be a ground for dismissal of the appeal.

RULE 41 – APPEAL FROM THE REGIONAL TRIAL COURTS (pursuant to its original jurisdiction) TO THE
COURT OF APPEALS

*An appeal may be taken from a judgment or final order that completely disposes of the case, or of a
particular matter therein when declared by these Rules to be appealable.

No appeal may be taken from:


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1. An order denying a petition for relief or any similar motion seeking relief from judgment.
2. An interlocutory order.

3. An order disallowing or dismissing an appeal.

4. 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.

5. An order of execution.

6. A judgment or final order for or against one or more of several parties or on separate claims,
counter-claims, cross claims and 3rd party complaints, while the main case is pending, unless
the court allows an appeal therefrom.

7. An order dismissing an action without prejudice.

Note: In all the above cases where the final judgment or order is not appealable, the aggrieved party
may file an appropriate special civil action under Rule 65.

*An order which decides an issue or issues in a complaint is final and appealable, although the other
issue or issues have not been resolved, if the latter issues are distinct and separate from the others.

When can there be a partial summary judgment?

 When some portions of a claim are substantially controverted and the rest are not substantially
controverted. So the court is authorized to render a partial summary judgment on the claim
where there is no genuine issue, we continue trying the case with respect to the claim where
there is a genuine issue. ---- You cannot appeal from that partial summary judgment while the
main case is pending, unless the court allows appeal therefrom.

How do you perfect an appeal?

 By filing NOTICE OF APPEAL, generally within 15 days, or

 By filing NOTICE OF APPEAL AND RECORD ON APPEAL within 30 days

ORDINARY APPEAL VS. PETITION FOR REVIEW

ORDINARY APPEAL PETITION FOR REVIEW

The case was decided by the RTC pursuant to its The case was decided by the RTC pursuant to its
original jurisdiction. The case was originally filed in appellate jurisdiction (governed by Rule 42)
the RTC (governed by Rule 41).

Contents of Notice of Appeal

1. Indicate the parties to the appeal.

2. Specify the judgment or final order or part thereof appealed from.

3. Specify the court to which the appeal is being taken.

4. State the material dates showing the timeliness of the appeal. – MATERIAL DATA RULE.

When is appeal perfected?


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1. If by notice on appeal – perfected as to him upon filing of notice in due time.


2. If by record on appeal – perfected as to him upon the approval of the record on appeal in
due time

When the court lose jurisdiction?

1. If by notice of appeal – upon perfection of the appeal filed in due time and the expiration of
the time to appeal by the other parties (OVER THE CASE)

2. If by record on appeal – upon the approval of the record on appeal filed in due time and the
expiration of the time of appeal of the other parties (OVER THE SUBJECT MATTER)

*Residual Jurisdiction > for as long as the original record or the record on appeal is not yet transmitted,
the trial court, despite the fact that it has already lost jurisdiction, can do the following acts:

1. Issue orders for the protection and preservation of the rights of the parties which do not
involve in any matter litigated in the appeal.

2. Approve compromises between the parties.

3. Permit appeals on indigent litigants.

4. Order executions pending appeal in accordance with Rule 39, Section 2.

5. Allow the withdrawal of the appeal

6. Can order the dismissal of an appeal for having been taken out of time (only ground).

RULE 42 – PETITION FOR REVIEW FROM THE REGIONAL TRIAL COURTS (pursuant to its appellate
jurisdiction) TO THE COURT OF APPEALS

How appeal taken; time for filing

 A party desiring to appeal from a decision of the RTC rendered in the exercise of its appellate
jurisdiction may file a verified petition for review with the Court of Appeals.

 The petition shall be filed and served within 15 days from notice of the decision sought to be
reviewed OR of the denial of petitioner’s motion for new trial or reconsideration.

Effect of Filing Petition For Review

 The appeal shall stay the judgment or final order unless the Court of Appeals, the law, or these
Rules shall provide otherwise.

 Exception – in civil cases decided under the Rule on Summary Procedure

*The Court of Appeals may require the respondent to file a comment on the petition , not a motion to
dismiss, within 10 days from notice, or 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 unsubstantial to
require consideration.

*If the petition is given due course, the Court of Appeals may set the case for oral argument or require
the parties to submit memoranda within a period of 15 days from notice.
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RULE 44 – ORDINARY APPEALED CASES (continuation of Rule 41, ordinary appeal)


*Order of transmittal of record – if the original record or the record on appeal is not transmitted to the
Court of Appeals within 30 days after the perfection of the appeal, either party may file a motion with
the trial court, with notice to the other, for the transmittal of such record or record on appeal.

*Docketing of case – Within 10 days from receipt of said notice, the appellant, in appeals by record on
appeal, shall file with the clerk of court, 7 clearly legible copies of the approved record on appeal,
together with the proof of service of 2 copies thereof upon the appellee.

APPELLANT’S BRIEF

 It shall be the duty of the APPELLANT to file with the court, within 45 days from receipt, of the
notice of the clerk that all the evidence, oral and documentary, are attached to the record, 7
copies of his legibly typewritten, mimeographed or printed brief, with proof of service of 2
copies thereof upon the appellee.

APPELLEE’S BRIEF

 Within 45 days from receipt of the appellant’s brief, the APPELLEE shall file with the court 7
copies of his legibly typewritten, mimeographed or printed brief, with proof of service of 2
copies thereof upon the appellant.

APPELLANT’S REPLY BRIEF

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

*Extension for filing of briefs is not allowed except for good and sufficient cause, and only if the motion
for extension is filed before the expiration of the time sought to be extended.

TIME FOR FILING MEMORANDA IN SPECIAL CASES

 In certiorari, prohibition, mandamus, quo warranto and habeas corpus, the parties shall file, in
lieu of briefs, their respective memoranda within a NON-EXTENDIBLE period of 3o days from
receipt of the notice issued by the clerk of court that all evidence, oral and documentary, is
already attached to the record.

Contents of Appellant’s brief

1. A subject index of the matter in the brief > page references, table of cases, statutes cited

2. Assignment of Errors > errors intended to be urged w/o repetition

3. Statement of the Case > state the nature of the action, summary of the proceedings

4. Statement of Facts > narrative form of the facts

5. Argument > the appellant’s arguments on each assignment of errors

6. Relief > specification of the order or judgment which the appellant seeks.

7. In cases not brought up by record on appeal, the appellant’s brief shall contains, as an appendix,
a copy of the judgment or final order appealed from.

Contents of Appelle’s brief

1. A subject index of the matter > page references, table of cases, statutes cited
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2. Statement of facts > shall state the he accepts the statement of facts in the appellant’s brief, or
under the heading Counter-Statement of Facts, he shall point out such insufficient or
inaccuracies as he believes exist in the appellant’s brief

3. Argument > the appellee sets forth his arguments in the case on each assignment of error.

RULE 45 – APPEAL BY CERTIORARI TO THE SUPREME COURT

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