RULE 45

APPEAL BY CERTIORARI
TO THE SUPREME COURT

SECTION 1. Filing of Petition with Supreme Court, - A

party desiring to appeal by certiorari from a judgment, final
order or resolution of the Court of Appeals, the Sandiganbayan,
the Court of Tax Appeals, the Regional Trial Court or
other courts,whenever authorized by law, may file with the
Supreme Court a verified petition for review on certiorari.
The petition may include an application for a writ of
preliminary injunction or other provisional remedies and
shall raise only questions of law which must be distinctly
set forth. The petitioner may seek the same provisional
remedies by verified motion filed in the same action or
proceeding at any time during its pendency. (As amended
by A.M. No. 07-7-12-SC, December 12, 2007.)
APPEAL BY CERTIORARI TO THE SUPREME COURT

Aparty shall file with the Supreme Court a verified

PETITION FOR REVIEW ON CERTIORARI when a party
is desiring to appeal by certiorari from ajudgment, final order
or resolution of the:
1. Court of Appeals,
2. Sandiganbayan,
3. Court of Tax Appeals,
4. Regional Trial Courts, or
5. Other courts,whenever authorized by law.

116
 RULE A5 117

AVAILMENT OF PROV ISIONAL REMEDIES

The petition may include an application for a writ of
preliminary injunction or other provisional remedies. The
petitioner may scckthe same provisional remedies by verified
motion filedi in the same action or proceeding at any time during
its pendency. The petitioner may seek the same provisional
remedies by verified motion filed in the same action or proceeding
at any timeduring its pendency.
WHAT ARE PROVISIONAL REMEDIEs?
Provisional remedies are also known as ancillary or
auxiliary remedies. They are writs and processes available
during the pendency of the action which may be resorted to by
a litigant to preserve and protect certain rights and interests
pending rendition, and for purposes of the ultimate effects, of
a final judgment in the case. They are provisional because
they constitute temporary measures availed of during the
pendency of the action, and they are ancillary because they
are mere incidents
159
in and are dependent upon the result of the
main action.

WHAT CAN BE RAISEDON APPEALpl60

GENERAL RULE:

The Rules of Court require that ONLY QUESTIONS

OF LAW should be raised in petitions filed under Rule 45.
The Supreme Court is not a trier of facts. It will not entertain
questions of fact as the factual findings of the appellate courts
are final, binding, or conclusive on the parties and upon this
court when supported by substantial evidence. Factual findings

United Alloy Phils. Corp. vs. United Coconut Planters Bank, G.R. No. 179257,
[November 23, 2015].
Pascual vs. Burgos, G.R. No. 171722, [January 11, 2016| citing Medina vs. Mayor
Asistio, Jr.: 269 Phil. 225 (1990) [Per J. Bidin, Third Division].
 THE AMENDED RULESON
118 CIVIL PROCEDURE ANNOTATED
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reviewed nor disturbed on

of the appellate courts willnot be
appeal to the Supreme Court.
EXCEPTIONS, such as:
However, these rules do admit
grounded entirely
1. When the conclusion is a finding
on speculation, surmises or conjectures;
the inference made is manifestly mistaken,
2. When
absurd or impossible;
abuse of discretion;
3. Where there is a grave
the judgment is based on amisapprehension of facts:
4. When
conflicting;
5. When the findings of fact are
making its findings,
6. When the Court of Appeals, in and the same is
went beyond the issues of the case appellee:
and
contrary to the admissions of both appellant
are contrary to
7. The findings of the Court of Appeals
those of the trial court;
conclusions without
8. When the findings of fact are based;
citation of specific evidence on which they are
as well as in
9. When the facts set forth in the petition
disputed
the petitioner's main and reply briefs are not
by the respondents; and
10. The finding of fact of the Court of Appeals is premised
contradicted
on the supposed absence of evidence and is
bythe evidence on record.
|1. petitions for review filed before this court involving
civil, labor, tax, or criminal cases.
 RULE 45 119

12. Appeal from thc decision in a petition for Writ of

Amparo'i61
13. Appeal from the decision in a
Habeas Data l62 petition for Writ of
14. Appeal from the decision in a petition for
Kalikasanl63 Writ of

QUESTION OF LAW vs. QUESTION OF FACT'o+

1. Aquestion of law arises when there is
doubt as to
what the law is on a certain state of facts,
while
there is aquestion of fact when the doubt arises as
tothe truth or falsity of the alleged facts.
2. For a question to be one of law, the same must
not
involve an examination of the probative value of
the evidence presented by the litigants or any of
them. The resolution of the issue must rest solely on what
the law provides on the given set of circumstances.
Once it is clear that the issue invites a review of the
evidence presented, the question posed is one of fact.
3. The test of whether a question is one of law or of fact
is not the appellation given to such question by the
party raising the same; rather, it is whether the appellate
court can determine the issue raised without reviewing
or evaluating the evidence, in which case, it is a
question of law; otherwise it is a question of fact
SECTION 2. Time for Filing; Extension, The petition
shall be filed within fifteen (15) days from notice of the
judgment or final order or resolution appealed from, or of

10 A.M. No. 07-9-12-SC.

162
A. M. No. 08-1-16-SC.
' A.M. No. 09-6-8-SC.
Republic vs. Malabanan, G.R. No. 169067, October 6, 2010.
120 THE AMENDED RULESON
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the denial of the petitioner's motion for new trial or

reconsideration filed in due time afier notice of the judgment
On motionduly filed and served, with full paymentbefore of the
docket and other lawful fees and the deposit for costs
the expiration of the reglementary period, the Supreme
Court may for justifiable reasons grant an extension of thirty
(30)days only within which to file the petition. (1a, 5a)
TIME FOR FILING

On motion duly filed and served, the petition shall be

filed within fifteen (15) days from:
a. Notice of the judgment or final order or resolution
appealed from, or
b. The denial of the petitioner's motion for new trial or
reconsideration filed in due time after notice of the
judgment.
TAKE NOTE:
The Supreme Court may, for justifiable reasons,
grant an extension of 30 days within which to file
the petition, provided the following requisites concur:
1. A motion duly filed and served (within the original
15-day period); and
2. Fullpayment of the docket and other lawful fees and
the deposit for costs (within the original 15-day period).
SECTION 3. Docket and Other Lawful Fees; Proof of
Service of Petition. - Unless he has theretofore done so,
the petitioner shall pay the corresponding docket and
other lawful fees to the clerk of court of the Supreme
Court and deposit the amount of P500.00 for costs at the
time of the filing of the petition. Proof of service of a copy
 RULE 45 121

thereof on the lower court concerned and on the adverse

partyshall be submitted together with the petition. (|a)

D0CKET AND OTHER LAWEUL FEES

The petitioner shall pay the corresponding docket and
other lawtul fees to the clerk of court of the Supreme Court
and deposit the amount of P500.00 for costs at the timeof the
filing of the petition, unless he has theretofore done so.
PROOF OF SERVICE OF PETITION

Proof of service of a copy thereof on the lower court

concemed and on the adverse party shallbe submitted together
with the petition.
SECTION [Link] of Petition. -The petition shall be filed
in eighteen (18) copies, with the original copy intended for
the court being indicated as such by the petitioner, and
shall (a) state the full name of the appealing party as the
petitioner and the adverse party as respondent, without
impleading the lower courts or judges thereof either as
petitioners or respondents; (b) indicate the material dates
showing when notice of the judgment or final order or
resolution subject thereof was received, when a motion for
new trial or reconsideration, if any, was filed and when
notice of the denial thereof was received; (c) set forth
concisely a statement of the matters involved, and the
reasons or arguments relied on for the allowance of the
petition; (d) be accompanied by a clearly legible duplicate
original, or a certified true copy of the judgment or final
order or resolution certified by the clerk of court of the
court a quo and the requisite number of plain copies
thereof, and such material portions of the record as would
support the petition; and (e) contain a sworn certification
against forum shopping as provided in the last paragraph
of Section 2, Rule 42. (2a)
122 THE AMENDEDRULES ON
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CONTENTSOF PETITION

The petition shall be filed in EIGHTEEN (18) COPIFS

with the original intended for the court being indicated as
such by the petitioner. The verified petition shall contain:
1. Full names of the appealing party as the petitioner and
the adverse party as respondent, without impleading
the lower courts/judges thereof either as petitioners
or respondents.
2. Material dates showing:
a. When notice of the judgment or final order or
resolution subject thereof was received.
b. When a motion for new trial or reconsideration.
if any, was filed; and
C. When notice of the denial thereof was received.
3. A statement of the matters involved and the reasons
or arguments relied on for the allowance of the
petition.
4. Clearly legible duplicate original, or a certified true
copy of the judgment or final order or resolution
certified by the clerk of court of the court a quo and
the requisite number of plain copies thereof, and
such material portions of the record as would support
the petition.
5. Certificate of non-forum shopping.
In FA.T. Kee Computer Systems, Inc. v. Online Networks
International, Inc., the Supreme Court explained that: Rule 45,
Section 4of the Rules of Court indeed requires the attachment
to the petition for review on certiorari, such material portions

165 G.R. No. 171238, [February 2, 20111.

 RULE 45
123

af the record as would support the petition, However, such a

reauiremcnt was not meant obe an ironclad rule such that the
ailure to follow the same would merit the outright dismissal
af the petition. In accordance with Section 7of Rule 45, the
Supreme Court may require or allow the filing of such
nleadings, briets, memoranda or documents as it may deem
necessary within such periods and under such conditions as it
may consider appropriate. More importantly, Section 8of
Rule 45 declares that if the petition is given due course, the
Supreme Court may require the elevation of the complete
record of the case or specified parts thereof within fifteen (15)
days from notice.

SECTION 5. Dismissal or Denial of Petition. - The failure

of the petitioner to comply with any of the foregoing
requirements regarding the payment of the docket and
other lawful fees, deposit for costs, proof of service of the
petition, and the contents of and the documents which
should accompany the petition shall be sufficient ground
for the dismissalthereof.
The Supreme Court may on its own initiative deny the
petition on the ground that the appeal is without merit, or
is prosecuted manifestly for delay, or that the questions
raised therein are to0 unsubstantial to require consideration. (3a)

DISMISSAL OR DENIAL OF PETITION

The failure of the petitioner to comply with any of the
following requirements shall be sufficient ground for the
dismissal thereof:

1. Payment of thedocket and other lawful fees,

2. Deposit for costs,
 124 THE AMENDED RULES ON
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3. Proof of service of the petition; and

4. Contents of and
166
the documents which should accompany
the petitio.
The Supreme Court may, on its own initiative, DENY
THE PETITION on the following grounds:
1. The appeal is without merit.
2. Itis prosecuted manifestly for delay; or
3. The questions raised therein are too unsubstantial to
require consideration

SECTION 6. Review Discretionary. -A review is not a matter

of right, but of sound judicial discretion, and will be granted
only when there are special and important reasons therefor.
The following, while neither controlling nor fully measuring
the court's discretion, indicate the character of the reasons
which will be considered:

(a) When the court a quo has decided a question of

substance, not theretofore determined by the Supreme
Court, or has decided it in a way probably not in
accord with law or with the applicable decisions of the
Supreme Court; or
(b) When the court a quo has so far departed from
the accepted and usual course of judicial proceedings,
or so far sanctioned such departure by a lower court,
as to call for an exercise of the power of supervision. (4a)

166
Section 5, Rule 45.
 RULE 45
125

REVIEW DISCCRETIONARY
Areview is not a matter of right, but of sound judicia
discretion and will be granted only when there are special
important reasonsthereof
and
lhefollovwing, while neither controlling nor fully measuring
the court's diseretion, indicate the character of the reasons
considered:
which willbe
1 When the cOurt a quo has decided a question of
substance, not theretofore determined by the Supreme
Court, or has decided it in a way probably not in
accord with law or with the applicable decision of
the Supreme Court; or
When the court a quo has so far departed from the
accepted and usual course of judicial proceedings, or
so far sanctioned such departure by a lower court, as
to call for an exerciseof the power of supervision.
WHAT IS COURT A QU0?
A court from which a case has been appealed.'° The
term "court a quo" in appealed168cases refers to a lower court
whose decision is under review.

SECTION 7. Pleadings and Documents That May be Required;

Sanctions. For purposes of determining whether the
petition should be dismissed or denied pursuant to Section
5of this Rule, or where the petition is given due course
under Section 8 hereof, the Supreme Court may require
or allow the filing of such pleadings, briefs, mnemoranda or
documents as it may deem necessary within such periods
and under such conditions as it may consider appropriate,
and impose the corresponding sanctions in case of non
16
Black's Law Dictionary, 10" edition.
Fundamentals of Decision Writing, [Link] [Link].
126 THE AMENDED RULESON
CIWIL PROCEDURE ANNOTATED
BOOK2

filing or unauthorized filing of such pleadings and documents

or non-compliance with the conditions therefor. (n)

PLEADING AND DOCUMENTS THAT MAY BE REQUIRED

For the purposes of determining whether the petition
should be dismissed or denied pursuant to Section 5 of this
rule, or where the petition is given due course under Section 8
hereof, the Supreme Court may require or allow the filing of
pleadings, briefs, memoranda or documents as it may deem
necessary within such periods and under such conditions as it
may consider appropriate.
SANCTIONS
The Supreme Court may IMPOSE SANCTIONS in the
following cases:
1. Non-filing of such pleadings or documents.
2. Unauthorized filing of such pleadings or documents; or
3. Non-compliance with the conditions therefor
SECTION 8. Due Course; Elevation of Records. If the
petition is given due course, the Supreme Court may require
the elevation of the complete record of the case or specified
parts thereof within fifteen (15) days from notice. (2a)
ELEVATION OF RECORDS

If the petition is given due course, the Supreme Court

MAY REQUIRE the elevation of the complete record of the
case or parts thereof within 15 days from notice.
 RULE 45 127

SECTION 9. Rule Applicable to Both Civil and Criminal

Cases. The mode of appeal prescribed in this Rule shall
be applicable to both civil and criminal cases, except in
criminal cases where the penalty imposed is death, reclusion
perpetua or life imprisonment. (n)

RULE APPLICABLE TO BOTH CIVIL AND CRIMINAL

CASES

GENERAL RULE:
The mode of appeal prescribed in this Rule shall be
annlicable to both civil and criminal cases.
EXCEPTION:
It is not applicable to criminal cases where the penalty
imposed is:
1. Death;
2. Reclusion perpetua; or
3. Life imprisonment.
PROCEDURE IN CRÍMINAL CASES WHERE THE
PENALTY IS DEATH, RECLUSION PERPETUA, OR
LIFE IMPRISONMENT

The appeal to the Supreme Court in cases where the

penalty imposed by the Regional Trial Court is death, reclusion
perpetua, or life imprisonment, or where a lesser penalty is
imposed but for offenses committed on the same occasion or
which arose out of the same occurrence that gave rise to the
more serious offense for which the penalty of death, reclusion
 128
THE AMENDED RULES ON
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perpetua, or liteimprisomment isimposed, shallbe by filing a

notice ofapyeal, 69
No notice of appeal is necessary in cases where the
penalty is imposed by the Regional Trial Court. The sdeath
Court. 170)
shall be automatically reviewed by the Supreme
However. in the Administrative Circular No: 20-200s
issued on April 19, 2005, the Supreme Court directed the
Regional Trial Courts to forward to the Court of Appeals the
Records of the Cases which are covered by Automatic Revjew
Regular Appeal.

o Section 3(c), Revised Rules of Criminal Procedure, A.M. No. 00-5-03-SC, [October 3,
2000).
170Section 3(d), Ibid.