RULE 41 claims and third-party complaints, while the main case is

pending, unless the court allows an appeal therefrom; and

APPEAL FROM THE RTC
g. An order dismissing an action without prejudice.
Sec. 1. Subject of Appeal
Remedy against Judgments and Orders which are not
An appeal maybe taken from a judgment or final order Appealable:
that completely disposes of the case or of a particular
matter therein when declared by these Rules to be In any of the foregoing circumstances, the aggrieved party
appealable. may file an appropriate civil action as provided in Rule
65.
No appeal may be taken from:
N/B:
(i) Order denying motion for new trial or reconsideration;
Final order – when there is nothing more to be done on
a. An order denying a petition relief or any similar motion the merits of the case.
seeking from judgement;
Interlocutory order – when there is something more to be
b. An interlocutory order; done on the merits of the case.

c. An order disallowing or dismissing an appeal; Only FINAL ORDER can be appealed

a. Decision/ Judgment
d. An order denying a motion to set aside a judgment by b. Order
consent, confession or compromise on the ground of
fraud, mistake or duress, or any other ground vitiating If motion to dismiss is:
consent;
GRANTED – Final order; the remedy is APPEAL
e. An order of execution; DENIED – Interlocutory order; the remedy is
CERTIORARI
f. A judgment or final order for or against one or more
several parties or in separate claims, counterclaims, cross-

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Sec.2. Modes of Appeal. – Supreme Court can resolve:
1. Pure Questions of Law
a. ORDINARY APPEAL. – The appeal to the Court of
Appeals in cases decided by the RTC in the exercise of its QUESTIONS OF LAW – exists when there is doubt or
original jurisdiction shall be taken by filing a notice of controversy as to what the law is on certain state of facts.
appeal with the court which rendered the judgment or
final order appealed from and serving a copy thereof QUESTIONS OF FACT- exists when there is doubt or
upon adverse party… difference arises as to the truth or falsehood of facts.

b. PETITION FOR REVIEW. – The appeal to the CA in GR: All appeal to SC is by a Petition for Review on
cases decided by the RTC in the exercise of its appellate Certiorari.
jurisdiction shall be by petition for review in accordance XPN : In criminal cases where the penalty imposed is
with Rule 42. Death, Reclusion Perpetua or Life Imprisonment…

c. APPEAL BY CERTIORARI. – In all cases where only FRESH PERIOD RULE:

questions of law are raised or involved, the appeal shall
be to the Supreme Court by petition for review on Neypes v. CA (2005) :
certiorari in accordance with Rule 45.
If the motion is denied, the movant has a “fresh period”
N/B: of 15 days from receipt or notice of the order denying the
motion for new trial or motion for reconsideration within
RTC to CA = Ordinary Appeal; File a Notice of Appeal which to file an appeal.
filed with RTC (court of origin)
Period of appeal is interrupted by a timely motion for
RTC to SC = Petition for review on certiorari; pure new trial or reconsideration. Motion for extension of time
questions of law only to file for new trial reconsideration is not allowed.

Court Appeals can resolve: This “fresh period rule” shall also apply to:
1. Questions of Fact a. Rule 40 governing appeals from the MTC to RTC;
2. Questions of Law b. Rule 42 on petitions for review from the RTC to CA;
3. Mix Q of Fact & Law c. Rule 43 on appeals from quasi-judicial agencies to the
CA;

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d. Rule 45 governing appeals by certiorari to the SC; Sec. 9 Perfection of Appeal; effect thereof.-

NOTICE OF APPEAL – the notice of appeal shall indicate Notice of Appeal (NoA) Record on Appeal (RoA)
the parties to the appeal, the judgment or final order or A party’s appeal by NoA is A party’s appeal by RoA is
part thereof appealed from, and state the material dates deemed perfected as to deemed perfected as to
showing the timelines of the appeal. him upon the filing of the him with respect to the
notice of appeal in due subject matter thereof
RECORD OF APPEAL – required only in: time. upon the approval of the
a. Special proceedings; record on appeal filed in
b. Multiple or separate appeals where the law or the due time.
Rules of Court so requires. The court loses jurisdiction The court loses jurisdiction
over the case upon the only over the subject
Sec.3. Period of Ordinary Appeal.- perfection of the appeals matter thereof upon the
filed in due time and approval of RoA filed in
The appeal shall be taken within fifteen (15) days from expiration of the time to due time and the
notice of the judgment or final order appealed from. appeal of the other expiration of the time to
parties. appeal of the other
Except: parties.
1. When the record on appeal is required, the
appellants shall file a notice of appeal and record on
appeal within thirty (30) days from notice of the Residual Jurisdiction – prior to the transmittal of the
judgment or final order. original record or the record on appeal, the court may
issue orders for the protection and preservation of the
2. In Habeas Corpus cases shall be taken within 48 rights of the parties which do not involve any matter
hours from notice of judgment or final order appealed litigated by the appeal, approve compromises, permit
from. appeals of indigent litigants, order execution pending
appeal in accordance with Sec. 2 of Rule 39, and allow
3.In special proceedings and in other cases where withdrawal of the appeal.
multiple appeals are allowed, 30 days.

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RULE 42 To prevent execution seek a Preliminary Injunction from
the CA to stop the execution while the case is being
PETITION FOR REVIEW FROM THE REGIONAL TRIAL litigated.
COURTS TO THE COURT OF APPEALS
Sec. 2 Cases not covered.-
Sec. 1. How appeal taken; time for filing.-
This Rule shall not apply to judgments or final orders
A party desiring to appeal from a decision of the RTC issued under the Labor Code of the Philippines.
rendered in the exercise of its appellate jurisdiction may
file a verified petition for review with the CA…
Section 5. How appeal taken. —
RULE 43
Appeal shall be taken by filing a verified petition for
APPEALS FROM THE CTA AND QJA TO THE CA review in seven (7) legible copies with the Court of
Appeals, with proof of service of a copy thereof on the
N/B: adverse party and on the court or agency a quo. The
original copy of the petition intended for the Court of
CTA is now a regular/special court appealable to SC by Appeals shall be indicated as such by the petitioner…
petition for review on certiorari.
RULE 44
QJA appeal to CA only by petition for review ORDINARY APPEALED CASES

CA can resolve: RULE 45

APPEAL TO THE SUPREME COURT
1. Q of Facts
2. Q of Law Section 1. Filing of petition with Supreme Court. —
3. Mix Q of Fact & Law
A party desiring to appeal by certiorari from a judgment
One distinguishing feature in Appeals from QJA = the or final order or resolution of the Court of Appeals, the
appeal of these QJA does not stay the effect of the Sandiganbayan, the Regional Trial Court or other courts
decision. whenever authorized by law, may file with the Supreme
Court a verified petition for review on certiorari. The

ARAOJO 2017 4
petition shall raise only questions of law which must be Section 2. Grounds for annulment. — The annulment may
distinctly set forth. be based only on the grounds of extrinsic fraud and lack
of jurisdiction.
N/B:
Extrinsic fraud shall not be a valid ground if it was availed
All appeal to the SC = on pure Q of Law only by petition of, or could have been availed of, in a motion for new
for Review on Certiorari. trial or petition for relief.

Except: N/B:
In criminal cases where the penalty is Death,
Reclusion Perpetua, or Life Imprisonment. Grounds:

In criminal cases where the penalty is less than RP 1. Extrinsic Fraud

or LI, still the mode of appeal to the SC on pure questions 2. Lack of Jurisdiction
of law is petition for review on certiorari. a. over the subject matter
b. over the person of defendant
RULE 46
ORIGINAL CASES EXTRINSIC FRAUD (COLLATERAL FRAUD) – the means
whereby the judgment was procured such as:
RULE 47
ANNULMENT OF JUDGMENTS OR FINAL ORDERS = if prevented a party from having a trial or from
AND RESOLUTIONS presenting all his side in court and which affects and goes
into jurisdiction of the court.
Section 1. Coverage. — This Rule shall govern the
annulment by the Court of Appeals of judgments or final = it must be committed by the adverse party-not by
orders and resolutions in civil actions of Regional Trial plaintiff’s own counsel who misled said plaintiff.
Courts for which the ordinary remedies of new trial,
appeal, petition for relief or other appropriate remedies INTRINSIC FRAUD – which is not a ground for
are no longer available through no fault of the petitioner. annulment.

= it is found in the cause of action or matter put in issue.

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Section 3. Period for filing action. — If based on extrinsic RULE 50
fraud, the action must be filed within four (4) years from DISMISSAL OF APPEAL
its discovery; and if based on lack of jurisdiction, before it
is barred by laches or estoppel. Section 1. Grounds for dismissal of appeal. — An appeal
may be dismissed by the Court of Appeals, on its own
RULE 48 motion or on that of the appellee, on the following
PRELIMINARY CONFERENCE grounds:

Section 3. Binding effect of the results of the conference. (a) Failure of the record on appeal to show on its face
that the appeal was taken within the period fixed by these
Subject to such modifications which may be made to Rules;
prevent manifest injustice, the resolution in the preceding
section shall control the subsequent proceedings in the (b) Failure to file the notice of appeal or the record on
case unless, within five (5) days from notice thereof, any appeal within the period prescribed by these Rules;
party shall satisfactorily show valid cause why the same
should not be followed. (c) Failure of the appellant to pay the docket and other
lawful fees as provided in section 5, Rule 40 and section 4
RULE 49 of Rule 41; (Bar Matter No. 803, 17 February 1998)
ORAL ARGUMENT
(d) Unauthorized alterations, omissions or additions in the
Section 3. No hearing or oral argument for motions. — approved record on appeal as provided in section 4 of
Rule 44;
Motions shall not be set for hearing and, unless the court
otherwise directs, no hearing or oral argument shall be (e) Failure of the appellant to serve and file the required
allowed in support thereof. The adverse party may file number of copies of his brief or memorandum within the
objections to the motion within five (5) days from service, time provided by these Rules;
upon the expiration of which such motion shall be
deemed submitted for resolution. (f) Absence of specific assignment of errors in the
appellant's brief, or of page references to the record as
required in section 13, paragraphs (a), (c), (d) and (f) of
Rule 44;

ARAOJO 2017 6
(g) Failure of the appellant to take the necessary steps for 1) Where no hearing on the merits of the main case is
the correction or completion of the record within the time held, upon the filing of the last pleading, brief, or
limited by the court in its order; memorandum required by the Rules or by the court itself,
or the expiration of the period for its filing.
(h) Failure of the appellant to appear at the preliminary
conference under Rule 48 or to comply with orders, 2) Where such a hearing is held, upon its termination or
circulars, or directives of the court without justifiable upon the filing of the last pleading or memorandum as
cause; and may be required or permitted to be filed by the court, or
the expiration of the period for its filing.
(i) The fact that the order or judgment appealed from is
not appealable. B. In original actions and petitions for review. —

N/B: 1) Where no comment is filed, upon the expiration of the

period to comment.
Original court can dismiss appeal when=
1. clearly filed out of time 2) Where no hearing is held, upon the filing of the last
2. docket fees not filed on time pleading required or permitted to be filed by the court, or
the expiration of the period for its filing.
Dismissal by appellate court =
1. non-compliance of certification of documents 3) Where a hearing on the merits of the main case is held,
2. improper appeal upon its termination or upon the filing of the last pleading
or memorandum as may be required or permitted to be
filed by the court, or the expiration of the period for its
RULE 51 filing.
JUDGMENT
N/B:
Section 1. When case deemed submitted for judgment. —
A case shall be deemed submitted for judgment: - In writing
- Signed by the judge
A. In ordinary appeals. — - Contents of decision
o Facts
o Jurisprudence

ARAOJO 2017 7
RULE 52 Either –
MOTION FOR RECONSIDERATION - Give to any member of the division
- Or assign to the RTC Judge for reception of
Section 1. Period for filing. — A party may file a motion business
for reconsideration of a judgment or final resolution
within fifteen (15) days from notice thereof, with proof of Provisional Remedies on Ancillary/ Auxillary – writs and
service on the adverse party. processes available during the pendency of the pendency
of the action to protect certain rights therein pending
Section 2. Second motion for reconsideration. — No rendition of final judgment in a case.
second motion for reconsideration of a judgment or final
resolution by the same party shall be entertained. PROVISIONAL REMEDIES

RULE 53 1. Prelim Attachment

NEW TRIAL 2. Prelim Injunction
3. Receivership
Section 1. Period for filing; ground. — At any time after 4. Replevin
the appeal from the lower court has been perfected and 5. Support Pendente Lite
before the Court of Appeals loses jurisdiction over the
case, a party may file a motion for a new trial on the Contempt is now a special civil action.
ground of newly discovered evidence which could not
have been discovered prior to the trial in the court below Main actions:
by the exercise of due diligence and which is of such a
character as would probably change the result. The 1. Ordinary Civil Action
motion shall be accompanied by affidavits showing the 2. Sp. Civil Actions
facts constituting the grounds therefor and the newly 3. Sp. Proceedings
discovered evidence. 4. Criminal Cases

N/B: PRINCIPLE:
Accessory follows Principal
Ground:
1. newly discovered evidence

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New Prov. Remedies

References:
UP REVIEWER 2013
RULES OF COURT
LECTURE OF JUDGE FALCOTELO
ABIOG

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