appeal group 8

November 21, 2015 [ ]

APPEAL

In civil practice. The complaint to a superior court of an injustice done or error committed by an inferior one, whose judgment or decision the court above is called upon to correct or reverse. (Black Law Dictionary Definition)

The Nature of Appeal

1. The right of appeal is not part of due process but mere statutory privilege that has to be exercised only in the manner in accordance with provisions of law (Stolt-Nielsen vs. NLRC, Cu Unjieng vs. Court of Appeals) The right of appeal is not a natural right.

2. The general rule is that the remedy to obtain reversal or modification of judgment is appeal.

RULE 40

APPEAL FROM MUNICIPAL TRIAL COURTS TO THE REGIONAL TRIAL COURT

Via Notice of Appeal – 15 days.

1. Parties2. Judgment or final order or part thereof appealed from,3. Material dates showing the timeliness of the appeal.4. Grounds.

Appellant’s Memorandum – 15 days. Non-filing is ground to dismiss the appeal.

Appellee’s Memorandum – 15 days from receipt of Appellant’s Memorandum.

Record on appeal – 30 days:

1. Notice of appeal (see above) and2. Record on appeal.

RULE 41

APPEAL FROM THE REGIONAL TRIAL COURTS TO THE COURT OF APPEALS.

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;(d) An order disallowing or dismissing an appeal;(e) 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.(f) An order of execution;(g) A judgment or final order for or against one or more of several parties or in separate claims,

counterclaims, cross-claims and third-party complaints, while the main case is pending, unless the court allows an appeal therefrom; and

(h) An order dismissing an action without prejudice.

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.

JAMIL B. ASUM-GROUP 8

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Modes of appeal.

(a) Ordinary appeal.—The appeal to the Court of Appeals in cases decided by the Regional Trial Court in the exercise of its original jurisdiction shall be taken by filing a notice of appeal with the court which rendered the judgment or final order appealed from and serving a copy thereof upon the adverse party. No record on appeal shall be required except in special proceedings and other cases of multiple or separate appeals where the law or these Rules so require. In such cases, the record -on appeal shall be filed and served in like manner.

(b) Petition for review.—The appeal to the Court of Appeals in cases decided by the Regional Trial Court in the exercise of its appellate jurisdiction shall be by petition for review in accordance with Rule 42

(c) Appeal by certiorari.—In all cases where only questions of law are raised or involved, the appeal shall be to the Supreme Court by petition for review on certiorari in accordance with Rule 45.

Rule 41, Appeal from RTC to CA.-

Notice of appeal.— 15 days. Pay appeal fees to RTC OCC.

1. Parties to the appeal,2. Judgment or final order or part thereof appealed from,3. The court to which the appeal is being taken, and4. Material dates showing the timeliness of the appeal.

Record on appeal; form and contents thereof—

1. Full names of all the parties to the proceedings shall be stated in the caption of the record on appeal.

2. Judgment or final order from which the appeal is taken and,3. In chronological order, copies of only such pleadings, petitions, motions and all interlocutory

orders as are related to the appealed judgment or final order for the proper understanding of the issue involved, together with such data as will show that the appeal was perfected on time.

4. If an issue of fact is to be raised on appeal, the record on appeal shall include by reference all the evidence, testimonial and documentary, taken upon the issue involved.

5. The reference shall specify the documentary evidence by the exhibit numbers or letters by which it was identified when admitted or offered at the hearing, and the testimonial evidence by the names of the corresponding witnesses.

6. If the whole testimonial and documentary evidence in the case is to be included, a statement to that effect will be sufficient without mentioning the names of the witnesses or the numbers or letters of exhibits.

7. Every record on appeal exceeding twenty (20) pages must contain a subject index.

Approval of record on appeal —

1. Upon the filing of the record on appeal for approval and if no objection is filed by the appellee within five (5) days from receipt of a copy thereof, the trial court may approve it as presented or upon its own motion or at the instance of the appellee, may direct its amendment by the inclusion of any omitted matters which are deemed essential to the determination of the issue of law or fact involved in the appeal.

2. If the trial court orders the amendment of the record, the appellant, within the time limited in the order, or such extension thereof as may be granted, or if no time is fixed by the order within ten (10) days from receipt thereof, shall redraft the record by including therein, in their proper chronological sequence, such additional matters as the court may have directed him to incorporate, and shall thereupon submit the redrafted record for approval, upon notice to the appellee, in like manner as the original draft.

Joint record on appeal.—Where both parties are appellants, they may file a joint record on appeal within the time fixed by section 3 of this Rule, or that fixed by the court.

Perfection of appeal; effect thereof—


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1. A party’s appeal by notice of appeal is deemed perfected as to him upon the filing of the notice of appeal in due time.

2. A party’s appeal by record on appeal is deemed perfected as to him with respect to the subject matter thereof upon the approval of the record on appeal filed in due time.

3. In appeals by notice of appeal, the court loses jurisdiction over the case upon the perfection of the appeals filed in due time and the expiration of the time to appeal of the other parties.

4. In appeals by record on appeal, the court loses jurisdiction only over the subject matter thereof upon the approval of the records on appeal filed in due time and the expiration of the time to appeal of the other parties.

5. In either case, prior to the transmittal of the original record or the record on appeal, the courta. may issue orders for the protection and preservation of the rights of the parties which do not

involve any matter litigated by the appeal,b. approve compromises,c. permit appeals of indigent litigants,d. order execution pending appeal in accordance with section 2 of Rule 39, ande. allow withdrawal of the appeal

RULE 42

PETITION FOR REVIEW FROM THE REGIONAL TRIAL COURTS TO THE COURT OF APPEALS

How appeal taken; time for filing.

1. Verified petition for review with the Court of Appeals – 15 days,2. Paying at the same time to the CA clerk of court the corresponding docket and other lawful fees

and costs, and3. Furnishing the Regional Trial Court and the adverse party with a copy of the petition.4. Upon proper motion and the payment of the full amount of the docket and other lawful fees and the

deposit for costs before the expiration of the reglementary period, the Court of Appeals may grant an additional period of fifteen (15) days only within which to file the petition for review.

5. No further extension shall be granted except for the most compelling reason and in no case to exceed fifteen (15) days.

Form and contents of Petition For Review.

1. Verified petition seven (7) legible copies,2. With the original copy intended for the court being indicated as such by the petitioner,3. Full names of the parties to the case, without impleading the lower courts or judges thereof either

as petitioners or respondents;4. Specific material dates showing that it was filed on time;5. Statement of the maters involved,6. Issues raised,7. Specification of errors of fact or law, or both, allegedly committed by the Regional Trial Court, and8. Reasons or arguments relied upon for the allowance of the appeal;9. Accompanied by clearly legible duplicate originals or true copies of the judgments or final orders of

both lower courts, certified correct by the clerk of court of the Regional Trial Court, the requisite number of plain copies thereof and of the pleadings and other material portions of the record as would support the allegations of the petition.

10. Verification and Anti-Forum Shopping Certification under oath11. Affidavit of Service – Adverse parties. Lower Court.12. CD of pleadings and annexes (PDF format)13. Explanation

Action on the petition.—The Court of Appeals may require the respondent to file a comment on the petition, not a motion to dismiss, within ten (10) days from notice, or dismiss the petition if it finds the


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same to be patently without merit, prosecuted manifestly for delay, or that the questions raised therein are too unsubstantial to require consideration.

Contents of comment.— seven (7) legible copies,

1. Accompanied by certified true copies of such material portions of the record referred to therein together with other supporting papers and

2. State whether or not he accepts the statement of matters involved in the petition;3. Point out such insufficiencies or inaccuracies as he believes exist in petitioner’s statement of

matters involved but without repetition; and4. State the reasons why the petition should not be given due course.5. A copy thereof shall be served on the petitioner.6. Affidavit of Service.7. CD of pleading and annexes (PDF format).8. Explanation.9. Verification and AFS Certif optional/not mandatory.

Due course.—If the Court of Appeals finds prima facie that the lower court has committed an error of fact or law that will warrant a reversal or modification of the appealed decision, it may accordingly give due course to the petition.

Elevation of record.—Whenever the Court of Appeals deems it necessary, it may order the clerk of court of the Regional Trial Court to elevate the original record of the case including the oral and documentary evidence within fifteen (15) days from notice.(n)

Perfection of appeal; effect thereof —

a. Upon the timely filing of a petition for review and the payment of the corresponding docket and other lawful fees, the appeal is deemed perfected as to the petitioner.The Regional Trial Court loses jurisdiction over the case upon the perfection of the appeals filed in due time and the expiration of the time to appeal of the other parties.However, before the Court of Appeals gives due course to the petition, the Regional Trial Court may issue orders for the protection and preservation of the rights of the parties which do not involve any matter litigated by the appeal, approve corn-promises, permit appeals of indigent litigants, order execution pending appeal in accordance with section 2 of Rule 39, and allow withdrawal of the appeal.

b. Except in civil cases decided under the Rule on Summary Procedure, the appeal shall stay the judgment or final order unless the Court of Appeals, the law, or these Rules shall provide otherwise.

Submission for decision.—

If the petition is given due course, the Court of Appeals may set the case

1. For oral argument2. Or require the parties to submit memoranda within a period of fifteen (15) days from notice.

RULE 43

APPEALS FROM THE COURT OF TAX APPEALS AND QUASI-JUDICIAL AGENCIES TO THE COURT OF APPEALS

Scope.— Rule 43 applies to appeals from judgments or final orders of the:

1. Court of Tax Appeals and

2. Any quasi-judicial agency in the exercise of its quasi-judicial functions.

2.1. Civil Service Commission,

2.2. Central Board of Assessment Appeals,

2.3. Securities and Exchange Commission,

2.4. Office of the President,


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2.5. Land Registration Authority,

2.6. Social Security Commission,

2.7. Civil Aeronautics Board,

2.8. Bureau of Patents, Trademarks and Technology Transfer,

2.9. National Electrification Administration,

2.10. Energy Regulatory Board,

2.11. National Telecommunications Commission,

2.12. Department of Agrarian Reform under Republic Act No. 6657,

2.13. Government Service Insurance System,

2.14. Employees Compensation Commission,

2.15. Agricultural Inventions Board,

2.16. Insurance Commission,

2.17. Philippine Atomic Energy Commission,

2.18. Board of Investments,

2.19. Construction Industry Arbitration Commission, and

2.20. Voluntary arbitrators authorized by law

Cases not covered.— Rule 43 does not apply to judgments or final orders issued under the Labor Code of the Philippines – i.e., Labor Arbiter, NLRC En Banc/Division.

Period of appeal.— Fifteen (15) days.

1. Only one (1) motion for reconsideration shall be allowed.2. Pay the appeal docket fee with the CA.3. Court of Appeals may grant an additional period of fifteen (15) days only within which to file the

petition for review.4. No further extension shall be granted except for the most compelling reason and in no case to

exceed fifteen (15) days.

How appeal taken..— Verified petition for review

1. Seven (7) legible copies with the Court of Appeals,2. Proof of service of a copy thereof on the adverse party and on the court or agency a quo.3. The original copy of the petition intended for the Court of Appeals shall be indicated as such by the

petitioner.4. Upon the filing of the petition, the petitioner shall pay to the CA clerk of court the docketing and

other lawful fees and deposit for costs.5. Exemption from payment of docketing and other lawful fees and the deposit for costs may be

granted by the Court of Appeals upon a verified motion setting forth valid grounds therefor. If denied, must pay the docket fees/deposit w/in 15 days.

Contents of the Petition.—

1. Full names of the parties to the case, without impleading the court or agencies either as petitioners or respondents;

2. Specific material dates showing that it was filed within the period fixed herein.3. Concise statement of the facts4. Issues involved5. Grounds relied upon for the review;6. Accompanied by a clearly legible duplicate original or a certified true copy of the award, judgment,

final order or resolution appealed from,7. Certified true copies of such material portions of the record referred to therein and other supporting

papers;8. Verification and AFS Certif.9. Explanation10. CD of pleading and annexes (PDF format) – not yet applied as of Dec. 27, 2013.


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Action on the petition.—The Court of Appeals may

1. Require the respondent to file a comment on the petition, not a motion to dismiss, within ten (10) days from notice,

2. Or dismiss the petition if it finds the samea. to be patently without merit,b. prosecuted manifestly for delay,c. or that the questions raised therein are too unsubstantial to require consideration.

Contents of Comment.— Seven (7) legible copies

1. Accompanied by clearly legible certified true copies of such material portions of the record referred to therein together with other supporting papers.

2. Point out insufficiencies or inaccuracies in petitioner’s statement of facts and issues;3. State the reasons why the petition should be denied or dismissed.4. A copy thereof shall be served on the petitioner,5. Affidavit of service6. Explanation7. CD of pleading/annexes – not yet mandatory as of Dec. 27, 2013.

Due course.—If the Court of Appeals finds prima facie that the court or agency concerned has committed errors of fact or law that would warrant reversal or modification of the award, judgment, final order or resolution sought to be reviewed, it may give due course to the petition; otherwise, it shall dismiss the same.

Factual Findings. - The findings of fact of the court or agency concerned, when supported by substantial evidence, shall be binding on the Court of Appeals.

Effect of appeal—The appeal shall not stay the award, judgment, final order of resolution sought to be reviewed unless the Court of Appeals shall direct otherwise upon such terms as it may deem just.

Remedy – Integrate a motion for TRO in the petition for review.

Submission for decision.—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 fifteen (15) days from notice.

PROCEDURE IN THE COURT OF APPEALS

RULE 44 –

ORDINARY APPEALED CASES

Appellant’s brief.— Forty-five (45) days to file from receipt of notice from CA. Seven (7) copies. With proof of service of two (2) copies thereof upon the appellee.

Appellee’s brief—Forty-five (45) days from receipt of the appellant’s brief. Seven (7) copies. With proof of service of two (2) copies thereof upon the appellant.

Appellant’s reply brief.—Twenty (20) days from receipt of the appellee’s brief. Answer points in the appellee’s brief not covered in his main brief of appellant.

Time of filing memoranda in special cases.—In certiorari, prohibition, mandamus, quo warranto and habeas corpus cases, the parties shall file, in lieu of briefs, their respective memoranda within a non-extendible period of thirty (30) days from receipt of the notice issued by the clerk that all the evidence, oral and documentary, is already attached to the record.

Failure of the appellant to file his memorandum within the period therefor may be a ground for dismissal of the appeal.


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Extension of time for filing briefs.—Extension of time for the filing of briefs will not be 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.

Contents of Appellant’s brief.— In the order herein indicated:

a) subject index of the matter in the brief with a digest of the arguments and page references, and table of cases alphabetically arranged, textbooks and statutes cited with references to the

pages where they are cited;b) Assignment of errors numbered consecutively;c) “Statement of the Case” - a clear and concise statement of

nature of the action, summary of the proceedings, appealed rulings and orders of the court, nature of the judgment and any other matters necessary to an understanding of the nature of the controversy, with page references to the record;

d) “Statement of Facts” – Facts admitted by both parties Facts in controversy, With the substance of the proof relating thereto With page references to the record;

e) Statement of the issues of fact or law

f) “Argument” – Appellant’s arguments on each assignment of error With page references to the record. The authorities relied upon shall be cited by the page of the report at which the case begins

and the page of the report on which the citation is found:g) “Relief” - a specification of the order or judgment which the appellant seeks; andh) Appellant’s brief shall contain, as an appendix, a copy of the judgment or final order appealed

from.

Contents of Appellee’s Brief.— In the order herein indicated, the following:

a. Subject Indexb. “Statement of Facts” - Appellee shall state that he accepts the statement of facts in the

appellant’s brief, or under the heading “Counter-Statement of Facts,” he shall point out such insufficiencies or inaccuracies as he believes exist in the appellant’s statement of facts with references to the pages of the record in support thereof, but without repetition of matters in the appellant’s statement of facts; and

c. “Argument” - the appellee shall set forth his arguments in the case on each assignment of error with page references to the record.

The authorities relied on shall be cited by the page of the report at which the case begins and the page of the report on which the citation is found.

Questions that may be raised on appeal.- Appellant may include in his assignment of errors any question of law or fact that has been raised in the court below and which is within the issues framed by the parties.

Ø Note - He cannot raise a new issue for the first time on appeal.


appeal group 8

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