- REDEMPTION – it is a process by which, parties or persons identified by law, WHAT ARE MATTERS THAT FALL UNDER THE APPEALLATE JURISDICITON OF THE SC:
can exercise a right to buy the property sold at public auction, from the 1. Decisions of lower court that pertains to the constitutionality of a law, EO etc
buyer at the auction 2. Decision pertaining to the constitutionality of any tax, assessment, toll
o Who are redemptioners? 3. Decisions of lower courts pertaining to jurisdiction of lower courts
Don’t include obligor, he is not a redemptioner but he can 4. Decisions of lower courts appealed on pure questions of law
redeem, 5. Decisions of lower courts in criminal cases, when the imposable penalty is
All the lien holders of whatever nature, SUBSEQUENT to reclusion perpetua and above
the levy in execution
A property levied upon can still be the subject of NOTE:
mortgage, or that property can still be subject of the - Mode of appeal of the first four mentioned, is by petition for review on
judgment of the court. But it will be subsequent. These certiorari. In the last one, the appeal is by
are called inferior lien holders. - All decisions of the CA, SB, CTA go to the SC by way of Rule 45
If a redemptioner redeems from another redemptioner, - The most important matter that distinguishes this from other modes of
the period is 60 days. appeal: THE SC considers only QUESTIONS OF LAW
o Who can redeem? o The CA is final arbiter of questions of fact
o Unfortunately, there are 11 exceptions to this. prohibit that. Remember, that a void judgment in legal
- Q of FACT: Truth or falsity of an allegation in a pleading; when resolving a contemplation, is no judgment at all.
question, you need evidence c. The rule the
- Q of LAW: resolving an issue without consulting the evidence
o What is the law? RULE 56
o How do you interpret the law? - Composition of the Court: 15 members, 1 CJ and 14 AJ, divided into 3
o What is the law on the given established facts? divisions of 5 members each
- When a decisions of a lower court is appealed on pure questions of law, - There are two kinds of cases:
proper mode is Rule 45. (the same is true for the jurisdiction) o Division and En banc
o QUALIFICATION, insofar as the jurisdiction of the court is o En banc cases are the ones involving constitutional questions,
concerned – even if the Q is on jurisdiction, if the SC is required to transcendental importance, first impression.
review the evidence in order to decide the issue on jurisdiction, the o All the rest are division cases.
Court will not act upon the case. It will either dismiss or remand the o Therefore, all cases after the raffle go to the office of the clerk of
case to the CA. court and the lawyers there classify the cases.
- Decisions
Annulment of Judgment RULE 47 o Ordinary – there is a ponente
- Generally, it applies only on decisions of the RTC, but the provisions o Per curiam – there is no ponente because in legal contemplation,
thereof are applicable to annulment of judgment of MTC (in the last a per curiam decision is a decision written by all the justices
section of rule 47)
- Note, what is sought to be annulled is a final judgment 1. Case is raffled to a justice and the records of that case is delivered to the
o We have a doctrine, IMMUTABILITY OF FINAL JUDGMENT division to which that justce is assigned
What does this mean? 2. That justice who got the case, as a result of the raffle, is called MEMBER IN
Once a judgment attains finality, it can no longer be CHARGE, because he is the justice that takes care of the case until it is
revised, amended, corrected, supplemented, etc. ready for decision. When the case is ready for decision, he prepares a
o But here is a final remedy – ANNULMENT OF JUDGMENT report containing the summary of the facts, issues involved, the applicable
UNDER RULE 47 laws, contention of both sides, are all outlined thereon. It is submitted to
- Grounds: the members of the division 5 days before the scheduled deliberation.
o Lack of jurisdiction over the subject matter During the deliberation, no one except the members of the division is
o Extrinsic fraud (fraud outside the proceedings in court)- allowed to enter the deliberation room. If they arrive at a vote, and there
EXAMPLE: binayaran yung judge; other party has been are 3 or 4 approve, the Chairman will appoint a ponente.
deprived of his day in court because of machinations a. Why is the MIC not the ponente? Because theoretically, there are
conducted by the prevailing party expertise of individual justices. Example, Constitutionalists.
But IF the prevailing party presented perjured Normally, if the report is unanimously approved, then the MIC will be the
documents, it is INTRINSIC FRAUD ponente…
o When there is a patent violation of the right to due process of law 3. The MIC prepares all the resolutions to resolve these incidental matters, all
of the party signed by the members of the division.
4. The vote must be 3 of 5.
1. Petition a. Let us assume that in the deliberations conducted,
2. When there is a determination that a ground for annulment is there; what
is important to remember is, it is the last or ultimate remedy 1. Rollo – original records of the case (this is kept in the office of the Chief
a. Filing it in the same court is allowed (sabi nya) Justice; all the other justices receive only copies of the rollo; when you file
b. A judgment becomes final. Can the adverse party file a motion on a case, 18 copies are filed)
the same court to declare the decision as void? The rules do not a. FOR CA – expedients
b. RTC - reccords
2. Fallo -
3. Signed resolution – bearning the signatures of the members of the
division.
4. Unsigned resolution – pertains to interlocutory matters. During
deliberation of the decision on interlocutory matters, the chairman of the
division writes down the minutes and he writes it on the agenda. Every
member is given a copy of the agenda and the chairman will write on the
marginal notes, the results of the agenda. After the deliberation, the
agenda containing the notes of the chairman pertaining to the final
resolution of the division is given to the division clerk of court and s/he
makes a notice containing the resolution of a particular incident, copying
the notes of the chairperson embodying the resolution. Therefore, the
copy of this issuance, you do not see. Only the division clerk of court signs
a. Therefore, these are resolutions which are based upon the notes
on the deliberation made by the chairman.
5. Minute resolution – resolutions on the disposition of a case on technical
grounds. If the Court at first instance determines that there is no merit or
only intended to delay the merits, or it raises unsubstantial issues then the
SC in a minute decision (one or two sentences) denies it.
6. Different opinion
7. Majority opinion – opinion of the majority; (3 for division, 8 for en banc)
8. Dissenting – opinion of one member of the division or the banc, opposing
the decision of the majority.
a. If there is a dissent, there is a redeliberation. If the majority
sustains, then a ponente is appointed to write the decision.
b. Dissenting opinion cited as majority – a lawyer was fined 20k for
deceiving the court
9. Separate Concurring – opinion that agrees with the conclusion of the
majorty. “In addition to”
10. Concurrence as to the result – justice agrees with the conclusion but
disagrees with the entire reasoning