APPEALED CASES IN

THE SUPREME COURT

RULE 56

MODE OF APPEAL
Section 3. Mode of appeal. An appeal to the
Supreme Court may be taken only by a PETITION
FOR REVIEW ON CERTIORARI (Rule 45), except in
criminal cases where the penalty imposed is death,
reclusion perpetua or life imprisonment. (ordinary
appeal is allowed)

PROCEDURE
Section 4. Procedure. The appeal shall be governed by and disposed
of in accordance with the applicable provisions of the Constitution, laws,
Rules 45, 48, sections 1, 2, and 5 to 11 of Rule 51, 52 and this Rule.

GROUNDS FOR DISMISSAL

Section 5.
Grounds for dismissal of appeal. The appeal may be
dismissed motu proprio or on motion of the respondent on the following
grounds:
(a) Failure to take the appeal within the reglementary period;
(b) Lack of merit in the petition;
(c) Failure to pay the requisite docket fee and other lawful fees or to make a
deposit for costs;
(d) Failure to comply with the requirements regarding proof of service and
contents of and the documents which should accompany the petition;
(e) Failure to comply with any circular, directive or order of the Supreme Court
without justifiable cause;
(f) Error in the choice or mode of appeal; and
(g) The fact that the case is not appealable to the Supreme Court.

DISPOSITION OF IMPROPER
APPEAL
How will an improper appeal by notice of appeal be disposed of?
Section 6. Rule 56 (par 1) Disposition of improper appeal. Except as
provided in section 3, Rule 122 regarding appeals in criminal cases where the
penalty imposed is death, reclusion perpetua or life imprisonment, an appeal
taken to the Supreme Court by notice of appeal shall be dismissed.

What is the effect of improper appeal from RTC to the SC on question of

fact?
Section 6. Rule 56 (par 2) An appeal by certiorari taken to the Supreme Court
from the Regional Trial Court submitting issues of fact may be referred to the
Court of Appeals for decision or appropriate action. The determination of the
Supreme Court on whether or not issues of fact are involved shall be final.

PROCEDURE IF OPINION IS
EQUALLY DIVIDED
Section 7. Procedure if opinion is equally divided. Where the courten
bancis equally divided in opinion, or the necessary majority cannot be
had, the case shall again be deliberated on, and if after such deliberation
no decision is reached, the original action commenced in the court shall
be dismissed, in appealed cases, the judgment or order appealed from
shall stand affirmed; and on all incidental matters, the petition or motion
shall be denied.

PETITION FOR RELIEF FROM

JUDGMENT, FINAL ORDERS OR OTHER
PROCEEDINGS
RULE 38

DEFINITION
It is a legal remedy whereby a party seeks to set
aside a judgement rendered against him by a court
whenever he was unjustly deprived of hearing or
was prevented from taking an appeal because of
FAME.

WHEN AVAILABLE
Section 1.
Petition for relief from judgment, order, or other proceedings.
When a judgment or final order is entered, or any other proceeding is
thereafter taken against a party in any court through fraud, accident,
mistake, or excusable negligence, he may file a petition in such court and
in the same case praying that the judgment, order or proceeding be set
aside.
Or

Section 2. 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 fraud, accident,
mistake, or excusable negligence, 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.

TIME FOR FILING PETITION;

CONTENTS AND VERIFICATION
REQUIREMENTS:
Verified
filed within sixty (60) days after the petitioner learns of the judgment, final
order, or other proceeding to be set aside, and not more than six (6) months
after such judgment or final order was entered, or such proceeding was
taken, and
must be accompanied with affidavits showing the fraud, accident, mistake, or
excusable negligence relied upon, and
State the facts constituting the petitioner's good and substantial cause of
action or defense, as the case may be.

Sec 3, Rule 38

ACTION OF THE COURT ON THE

PETITION
If the petition is sufficient in form and substance to justify relief, the court
in which it is filed, shall:

1. issue an order requiring the adverse parties to answer the

same within fifteen (15) days from the receipt thereof.
2. The order shall be served in such manner as the court may
direct, together with copies of the petition and the
accompanying affidavits.
Sec 4, Rule 38

QUESTION:
Y lost in a case. The judgment became final and executory because
he did not appeal. However, he filed a petition for relief. In the
meantime, the adverse party, is asking the court to execute the
decision. What is Ys remedy to stop the enforcement of the
judgment?
Ans: Under sec 5, Y can ask the court to issue a writ of preliminary injunction to stop
the enforcement of judgment. But he has to put up a bond conditioned that in the
event that his petition for relief is not meritorious, he will pay for all damages that
the other party will incur because of the delay in the execution.

ACTIONS OF THE COURT AFTER

FILING OF THE ANSWER
After the filing of the answer or the expiration of the period therefor,
the court shall:
hear the petition; and
if after such hearing, it finds that the allegations thereof are not
true, the petition shall be dismissed;
if it finds said allegations to be true, it shall set aside the judgment
or final order or other proceeding complained of upon such terms
as may be just.

Sec 6, Rule 38

EFFECT IF THE PETITION IS

GRANTED
The case shall stand as if such judgment, final order or other
proceeding had never been rendered, issued or taken.
The court shall then proceed to hear and determine the case as if a
timely motion for a new trial or reconsideration had been granted
by it.
Sec 6, Rule 38

WHERE THE DENIAL OF AN

APPEAL IS SET ASIDE
Section 7. Procedure where the denial of an appeal is set aside.
Where the denial of an appeal is set aside, the lower court shall be
required to give due course to the appeal and to elevate the record
of the appealed case as if a timely and proper appeal had been
made.

REMEDY IN CASE OF DENIAL OF

PETITION
File a petition for certiorari under Rule 41 of the 1997 Rules of Civil Procedure:
Section 1. Subject of appeal. 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:
(a) An order denying a motion for new trial or reconsideration;
(b) An order denying a petition for relief or any similar motion seeking relief from
judgment;
(c) An interlocutory order;

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

NOTES:
No petition for relief in the Supreme Court and Court of Appeals.
The SC in Purcon vs. MRM Philippines, Inc., 566 SCRA 645, 653-654 ruled that a
petition for relief from judgment is a not an available remedy in the SC based on the
following reasons:
1. a petition for relief from judgment is not included in the list of Rule 56 cases
originally cognizable by the SC.
2. While Rule 38 uses the phrase any court, it refers only to
Municipal/Metropolitan and Regional Trial Courts.
3. the procedure in the CA and the SC are governed by separate provisions of
the Rules of Court

Petition for relief is a prohibited pleading in summary procedure and small

claims