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A P P E A L S

Rule 40

APPEAL FROM MUNICIPAL TRIAL COURTS

TO THE REGIONAL TRIAL COURTS

APPEAL. The law on appeal starts from Rule 40 to Rule 56. Usually the appeal is from the trial court to

the next hiher court. Un!er the "u!iciary law# appeals from the $T% shoul! &e to the RT% which iso'erne! &y Rule 40. An! when the case is trie! &y the RT% an! you want to appeal# normally# the appeal

shoul! &e to the %A un!er Rule 4(.

)e will stic* to the &asic rule on appeal foun! in the "u!iciary law# +ection ,-# P (/-

Sec 39. Appeals. - The period for appeal from final orders,resolutions, awards, judgments or decisions of any court inall cases shall e fifteen !"#$ days counted from the noticeof the final order, resolution, award, judgment, or decisionappealed from% &ro'ided, howe'er, That in haeas corpus cases,

the period for appeal shall e forty-eight !4($ hours from thenotice of the judgment appealed from.)o record on appeal shall e re*uired to ta+e an appeal. n

lieu thereof, the entire original record shall e transmittedwith all the pages prominently numered consecuti'ely,together with an inde of the contents thereof.

This section shall not apply in appeals in specialproceedings and in other cases wherein multiple appeals areallowed under applicale pro'isions of the Rules of ourt.

There are three 1,2 instances un!er +ection ,-

Type of Case Period to appeal Requisites for appeal

A. %i'il Actions in eneral (5 !ays 3otice of appeal

. +pecial Procee!ins an! %i'il

Actions where multiple appeal

is allowe!

,0 !ays (. 3otice of Appeal

/. Recor! on Appeal

%. a&eas %orpus 4 hours 3otice of Appeal

+o this is the eneral outline of the law on appeals un!er +ection ,-# P (/-.

EDITORS NOTE:The 47hour perio! to appeal in ha&eas corpus cases un!er +ection ,- of P (/- isnow incorporate! in Rule 4(# +ection , as amen!e!# which too* effect last 8uly (5# /000 1A.$. 3o. 0(7(70,7

+%29

Rule 40 refers to appeal from the $T% to the RT%. The appellate "uris!iction of the RT% is foun! in

+ection //# P (/-. That is why Rule 40 is re'ol'in aroun! that pro'ision

/& "9, Sec. . Appellate jurisdiction. - Regional Trialourts shall eercise appellate jurisdiction o'er all casesdecided y 1etTs, 1Ts and 1Ts in their respecti'eterritorial jurisdictions. Such cases shall e decided on the

asis of the entire record of the proceedings had in the courtof origin and such memoranda and2or riefs as may e sumittedy the parties or re*uired y the RTs. The decision of theRTs in such cases shall e appealale y petition for re'iew

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to the which may gi'e it due course only when the petitionshow prima facie that the lower court has committed an errorof fact or law that will warrant a re'ersal or modification ofthe decision or judgment sought to e re'iewed.

Let us now o to +ection ( of Rule 40

Section ". Where to appeal. n appeal from a judgment orfinal order of a 1unicipal Trial ourt may e ta+en to theRegional Trial ourt eercising jurisdiction o'er the area towhich the former pertains. The title of the case shall remainas it was in the court of origin, ut the party appealing thecase shall e further referred to as the appellant and thead'erse party as the appellee. !n$

+o from the $T%# the appeal is to the RT% exercisin "uris!iction o'er the area to which the former

pertains. That is why un!er the "u!iciary law# e'ery RT% has a !esinate! territorial area. +o# if you want to

appeal from the !ecision of the $T% of :a'ao %ity# you appeal to the RT% of :a'ao. ;ou !o not ma*eyour appeal to the RT% of Taum &ecause it !oes not exercise "uris!iction o'er :a'ao %ity.

An! ta*e note un!er +ection (# it is now reA%# (4,

+%RA 64,2 >t cannot &e exten!e! &ut it can &e interrupte! &y a timely motion for new trial or

reconsi!eration. An! no motion for extension of time to file a motion for new trial or reconsi!eration shall

&e allowe!. 1+ection /2

@ ow a&out the ,07!ay perio! >s the ,07!ay perio! exten!i&le

A. ;E+. >t is exten!i&le for recor! on appeal# on the con!ition that the $otion to Exten! must &e file!

within the oriinal ,0 !ays an! pro'i!e! further that the mo'ant has no riht to expect that his motion will

&e rante!.

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+o the (57!ay perio! can ne'er &e exten!e! &ut the ,07!ay perio! is exten!i&le &ase! on "urispru!ence.

This is &ecause a notice of appeal is normally a one7pararaph !ocument. ;ou can !o that in "ust 5 minutes.

ut a recor! on appeal is ma*apal. That is why it is ,0 !ays. +ometimes *ulanin pa yun ,07!ay perio!. +o

you can exten! it pro'i!e! you file the motion for extension !urin the oriinal ,07!ay perio!.

Sec. 3. How to appeal. The appeal is ta+en y filing a

notice of appeal with the court that rendered the judgment orfinal order appealed from. The notice of appeal shall indicatethe parties to the appeal, the judgment or final order or partthereof appealed from, and state the material dates showingthe timeliness of the appeal. record on appeal shall e re*uired only in special

proceedings and in other cases of multiple or separateappeals.

The form and contents of the record on appeal shall e aspro'ided in section 5, Rule 4".

opies of the notice of appeal, and the record on appeal

where re*uired, shall e ser'ed on the ad'erse party. !n$

@ ow !o you appeal

A Un!er +ection ,# you file a 3otice of Appeal to the court that ren!ere! "u!ment# so $T%. An! it

!s"all indi#ate t"e pa$ties t% t"e appeal, t"e &'d()ent %$ final %$de$ %$ pa$t t"e$e%f appealed f$%), andstate t"e )ate$ial dates s"%*in( t"e ti)eliness %f t"e appeal.Bor example

Notice of Appeal

Defendant hereby serves notice that he is appealing to the RTC from thejudgment rendered by the MTC dated March 5, 199 copy of !hich !asreceived by him on March 15, 199"

+o it is 'ery simple to ma*e. An! you must in!icate exactly not only the !ate of the !ecision &ut also the

!ate when you recei'e! it &ecause the runnin of the perio! to appeal !oes not run from the !ate of the

!ecision &ut from the time you recei'e! it. That is why the rule says# you =must state the material !ates

showin the timeliness of the appeal.C 1Recor! on appeal is !iscusse! in Rule 4(# +ection 6.2

?f course# the a!'erse party shoul! &e furnishe! with a copy of the notice of appeal.

Sec. 4. Perfection of appeal; effect thereof. The perfectionof the appeal and the effect thereof shall e go'erned y thepro'isions of section 9, Rule 4".

@ )hen is the appeal !eeme! perfecte!

A +ee !iscussion un!er +ection -# Rule 4(. Brom the moment the appeal is !eeme! perfecte!# the $T%

loses "uris!iction o'er the case. An! &y fiction of law# "uris!iction is automatically transferre! to the RT%.

Sec. #. Appellate court docket and other lawful fees.ithinthe period for ta+ing an appeal, the appellant shall pay tothe cler+ of the court which rendered the judgment or finalorder appealed from the full amount of the appellate courtdoc+et and other lawful fees. &roof of payment thereof shalle transmitted to the appellate court together with the

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original record or the record on appeal, as the case may e.!n$

)ithin the perio! to appeal 1normally within (5 !ays2# the appellant must pay the !oc*et fee. +o that

when the recor!s are transmitte!# &aya! na. E'en &efore this rule came out# the payment of appellate !oc*et

fee is really re will file my 3otice of Appeal within (5 !ays &ut > will not pay the !oc*et fee# shoul! myappeal &e !ismisse! >s it an a!!itional ren the case of

SANTOS vs. COURT OF APPEALS253 SCRA 32 !"##$

%SSUE )ill the failure to pay appellate fee automatically cause the !ismissal of the appealin the $T% to the RT%

&EL' The payment of appellate fee is foun! in +ection of Rule (4(. ut the +% o&ser'e!

that the only re

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the appellant to file a memorandum shall e a ground fordismissal of the appeal.

!c$ pon the filing of the memorandum of the appellee, orthe epiration of the period to do so, the case shall econsidered sumitted for decision. The Regional Trial ourtshall decide the case on the asis of the entire record of theproceedings had in the court of origin and such memoranda as

are filed. !n$

)hat happens if the case reaches the RT% +ection D answers it. The cler* court shall notify the parties.

)hat is important here is pararaph &9# a ra!ical pro'ision

!$ ithin fifteen !"#$ days from such notice, it shall ethe duty of the appellant to sumit a memorandum which shallriefly discuss the errors imputed to the lower court, a copyof which shall e furnished y him to the ad'erse party.ithin fifteen !"#$ days from receipt of the appellant7smemorandum, the appellee may file his memorandum. 8ailure of

the appellant to file a memorandum shall e a ground fordismissal of the appeal.

The proce!ure un!er the ?L: RULE+ is foun! on +ection // of the >nterim Rules. )hen the case is

appeale! to the RT%# the case will &e !eci!e! &y the RT% &ase! on the recor! on appeal toether with a

memoran!um as the court may ren other wor!s# the court may or may not ref

the appellant fails to file a memoran!um in the RT%# his appeal will &e !ismisse!. The filin of an appeal

memoran!um in the RT% is man!atory &ecause you must point out to the RT% *un saan na*amali. ;ou

help the RT% "u!e loo* for the error.@ +uppose the appellant has file! his memoran!um an! it is the appellee who faile! to file his

memoran!um. )hat is the effect of such failure

A Un!er pararaph c9# the case shall &e su&mitte! for !ecision without appellees memoran!um. An!

it !oes not necessarily mean that the appellee will lose the case &y not filin his memoran!um &ecause for

all you *now the !ecision of the lower court is 'ery clear# whether he files a memoran!um or not# he will

still wins.

Another ra!ical chane is +ection

Sec. (. Appeal fro orders disissing case without trial;

lack of jurisdiction. f an appeal is ta+en from an order ofthe lower court dismissing the case without a trial on themerits, the Regional Trial ourt may affirm or re'erse it, asthe case may e. n case of affirmance and the ground ofdismissal is lac+ of jurisdiction o'er the suject matter, theRegional Trial ourt, if it has jurisdiction thereo'er, shalltry the case on the merits as if the case was originally filedwith it. n case of re'ersal, the case shall e remanded forfurther proceedings.

f the case was tried on the merits y the lower courtwithout jurisdiction o'er the suject matter, the Regional

Trial ourt on appeal shall not dismiss the case if it hasoriginal jurisdiction thereof, ut shall decide the case inaccordance with the preceding section, without prejudice to

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the admission of amended pleadings and additional e'idence inthe interest of justice. !n$

The case was !ismisse! &y the $T% without trial on the merits.

PR?LE$ Tomas file! a case aainst Fa 3oli to collect a loan of P50#000 &efore the $T%. ut upon

motion to !ismiss allein that $T% has no "uris!iction# the court !ismisse! the complaint without trial.

That is !isposin of the case without trial. 3ow# RT% sai!# !+T "as &'$isdi#ti%n.@ >n that case# what will the RT% !oA The RT% will or!er the $T% to con!uct trial.

PR?LE$ +uppose the complaint file! &y Tomas aainst Fa 3oli is for P500#000 &efore the $T%. >t

is clear that the $T% has no "uris!iction. Fa 3oli mo'e! to !ismiss the case an! it was !ismisse!. ut

Tomas appeale! to the RT% &elie'in that the !ismissal was wron. ?f course the or!er of the $T% is

correct. >t shoul! ha'e &een file! with the RT%.

@ )hat will happen now to the case

A The RT% will not !ismiss the case &ut instea! assumes "uris!iction. The RT% which has "uris!iction#

shall try the case on the merits as if the case was oriinally file! in the RT%.

The secon! pararaph has sliht mo!ification

PR?LE$ Tomas files a case aainst Fa 3oli for P500#000 &efore the $T%. Fa 3oli file a motion to

!ismiss on the roun! of lac* of "uris!iction. ut the motion to !ismiss of Fa 3oli was !enie! an! the court

trie! the case. +o# the trial is 'oi!. The "u!ment ren!ere! is also 'oi!. +o Fa 3oli appeale!.

@ )hat will happen on appeal from the !ecision of the $T% which trie! a case e'en thouh it has no

"uris!iction o'er it

A +ince the !ecision 1on the merits2 was appeale! to the RT%# the RT% will assumes "uris!iction o'er

the case. The RT% will con'ert the appellate "uris!iction into an oriinal "uris!iction instea! of !ismissin

an appeal. >t will treat it as if it has &een file! for the first time in the RT% an! not as an appeale! case. The

purpose here is to a'oi! !ou&le payment of !oc*et fees.

Sec. 9. Applica!ility of Rule "#. The other pro'isions ofRule 4" shall apply to appeals pro'ided for herein insofar asthey are not inconsistent with or may ser'e to supplement thepro'isions of this Rule. !n$

Rule 4( pro'isions may also &e use! in appeals from $T% to RT%. >t is more comprehensi'e. >t refers to

appeal from RT% to %A on cases !eci!e! &y the RT% pursuant to its oriinal "uris!iction. This is also

applica&le to Rule 40 insofar as they are not inconsistent.

7o?o7

Rule 4"

APPEAL FROM THE REGIONAL TRIAL COURTS

$a"ority of the important rules are foun! here in Rule 4(.

Section ". $u!ject of appeal.n appeal may e ta+en from ajudgment or final order that completely disposes of the case,or of a particular matter therein when declared y these Rulesto e appealale.)o appeal may e ta+en from%

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!a$ n order denying a motion for new trial orreconsideration:

!$ n order denying a petition for relief or any similarmotion see+ing relief from judgment:

!c$ n interlocutory order:!d$ n order disallowing or dismissing an appeal:!e$ n order denying a motion to set aside a judgment y

consent, confession or compromise on the ground of fraud,mista+e or duress, or any other ground 'itiating consent:!f$ n order of eecution:!g$ judgment or final order for or against one or more of

se'eral parties or in separate claims, counterclaims, cross-claims and third-party complaints, while the main case ispending, unless the court allows an appeal therefrom: and

!h$ n order dismissing an action without prejudice.n all the ao'e instances where the judgment or final order

is not appealale, the aggrie'ed party may file an appropriatespecial ci'il action under Rule 5#. !n$

@ )hat or!ers or "u!ment are su&"ect to appeal

A ?nly-INAL "u!ments or or!ers can &e appeale! as !istinuishe! from interlocutory "u!ments oror!ers 1pararaph c92which are not appeala&le.

-INAL JD/+ENT OR ORDERSGthe term 0finalhas two 1/2 possi&le meanins in %i'il Proce!ure

(9 The "u!ment is final in the sense that it is alrea!y executory an! that happens if there is no appeal.An! that is for purposes of applyin Rule ,- on execution.

/9 The "u!ment isfinalin the sense that it is not merely interlocutory an! this is for the purpose of

applyin the law on appeal un!er Rule 4(. >n other wor!s# a final or!er or "u!ment 1for purposes of appeal2is one which is not merely interlocutory in the sense that it completely !isposes of the case or a particular

matter therein where there is nothin more for the court to !o after its ren!ition. 1airan 's. Tan +ui Lay# L7

(-460# :ec. /# (-662

@ )hat is the !efinition of a final "u!ment or for purpose of appeal

A A "u!ment or or!er is final if it !isposes of the pen!in action so that nothin more can &e !one in

the trial court with respect to its merits. 1+alaHar 's. :e Torres# 5 ?.I. (D(,# Be&. /6# (-6/J airan 's. Tan

+ui Lay# L7(-460# :ec. /# (-662

@ ?n the other han!# what is an interlocutory "u!ment or or!er

A An interlocutory or!er is somethin which !oes not completely !ispose of the action an! there is still

somethin for the court to !o after its ren!ition. 1?lsen K %o. 's. ?lsen# 4 Phil. /,J Restauro 's. Ba&rica#0 Phil. D6/2 Actually# the law !oes not prohi&it a party from appealin an interlocutory "u!ment or or!er#

only you cannot appeal imme!iately. 1A&esamis 's. Iarcia# - Phil. D6/2

@ )hat is the test for !eterminin whether a "u!ment or or!er is final or interlocutoryA The test for the !etermination of whether a "u!ment or or!er is final or interlocutory is this D%es it

leave s%)et"in( t% 1e d%ne in t"e t$ial #%'$t *it" $espe#t t% t"e )e$its %f t"e #ase2 >f it !oes# it isinterlocutory# hence# you cannot appeal yetJ if it !oes not# it is final an! therefore you can appeal. 1Reyes 's.

:e Leon# L7,D/0# 8une /4# (-5/2

+o you must *now the meanins of the wor! final in ci'il proce!ure to a'oi! confusion. A oo!

example is +ection /0 of Rule , where the wor! final was first mentione!

Rule 3, Sec. 0. Action on contractual oney clais. - henthe action is for reco'ery of money arising from contract,

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epress or implied, and the defendant dies before entry offinal judgmentin the court in which the action was pending atthe time of such death, it shall not e dismissed ut shallinstead e allowed to continue until entry of final judgment. fa'orale judgment otained y the plaintiff therein shalle enforced in the manner especially pro'ided in these Rulesfor prosecuting claims against the estate of a deceased

person. !"a$

The wor!finalhere in +ection /0 refers to the secon! meanin that the "u!ment is final in the sense thatit is not merely interlocutory

AR @UE+T>?3 Plaintiff vs. :efen!ant. :efen!ant file a motion to !ismiss un!er Rule (6. The courtrante! the motion an! conse

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'A( vs. RTC OF )A*+OAN,A C%T("#" SCRA -

&EL' =An or!er which !eci!es an issue or issues in a complaint is final an! appeala&le#althouh the other issue or issues ha'e not &een resol'e!# if the latter issues are !istinct an!

separate from the others.C

REPU+L%C vs. TACLO+AN C%T( %CE PLANT25/ SCRA "-5 !"##$

&EL' =A court or!er is final in character if it puts an en! to the particular matter resol'e!or settles !efinitely the matter therein !ispose! of# such that no further

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Pararaph &9 has chane! some !eci!e! cases in the past. efore# an or!er rantin a petition for relief

is interlocutory &ut an or!er !enyin a petition for relief is final. 3?)# wala na yanM )hether it is an or!er

rantin or !enyin a petition for relief# you cannot appeal.

+o what is reme!y for such or!er Io with special ci'il action un!er Rule 65 as pro'i!e! in the last

pararaph of +ection (.

Ii'e an example of an or!er !enyin a motion other than a petition for relief motion for new trial. +o itis not appeala&le.

+uppose > am !eclare! in !efault# can > appeal from a :EBAULT 8U:I$E3T The (-64 rules says#

yes. ;ou notice that such pro'ision is lost. There is no more !irect pro'ision on that. ut still# it is

appeala&le. The pro'ision in the ol! rules is not necessary. There is nothin in pararaphs a9 to h9

prohi&itin an appeal from a !efault "u!ment. +o it falls un!er the eneral rule.

@ ow a&out the or!er to L>BT the or!er of !efault +uppose you file a motion to set asi!e the

"u!ment of !efault an! motion is !enie!# can you appeal

A 3?# &ecause the law says# an or!er !enyin any similar motion see*in relief from "u!ment cannot

&e appeale!. As a matter of fact# the (--5 case of $A3>LA ELE%TR>% %?$PA3; vs. %A$PA3AB??: PR?:U%T+ 1/46 +%RA DD2# there is no such reme!y as a motion to set asi!e an or!er of !efault &ut

there is no pro'ision in the rules to set asi!e a "u!ment of !efault. The correct reme!y is to appeal from the

"u!ment of !efault not to set asi!e. An! that is clear. The !efault "u!ment is appeala&le.

!d$ n order disallowing or dismissing an appeal:

+o# if an appeal is !ismisse!# you cannot appeal from the or!er !ismissin it. )hat is the reme!y The

(-64 rules pro'i!es for the reme!y of man!amus. That is a !irect pro'ision &ecause if the appeal is on time #

the !uty of the court to rant !ue course to the appeal is ministerial. There is no more such pro'ision in the

present rules &ecause it is alrea!y pro'i!e! in the last pararaph.

Another possi&le reme!y where an appeal is allowe! asi!e from the man!amus is if > lost my riht to

appeal &ecause of frau!# mista*e acci!ent an! inexcusa&le nelience# the other possi&le reme!y is a

petition for relief from "u!ment !enyin my appeal an! that is foun! in Rule ,# +ection /

Rule 3(, Sec. . Petition for relief fro denial of appeal.hen a judgment or final order is rendered y any court in acase, and a party thereto, y fraud, accident, mista+e, orecusale negligence, has een pre'ented from ta+ing anappeal, he may file a petition in such court and in the samecase praying that the appeal e gi'en due course. !"a$

+o# asi!e from the reme!y un!er Rule 65# the other possi&le reme!y is a petition for relief from the or!er

!enyin the appeal.

!e$ n order denying a motion to set aside a judgment yconsent, confession or compromise on the ground of fraud,mista+e or duress, or any other ground 'itiating consent:

PR?LE$ +o there is a "u!ement &y consent 4#%(n%vit &'d()ent5 an! the motion to set asi!e such

"u!ment is !enie!. The or!er of !enial is not appeala&le. +o aain# there is "u!ement &y confession orcompromise an! then you file a motion to set asi!e the "u!ement of compromise on the roun! of frau!#

mista*e or !uress or any other roun!. $otion !enie!M

@ %an you appeal

A 3?. 1pararaph e92

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@ +o what is my reme!y

A ;ou file a separate case for annulment for such "u!ment 1Rule 4D2. >n the case of

'O*%N,O vs. COURT OF APPEALS255 SCRA "/# !"##$

&EL' The correct reme!y is for the party to file an action for annulment of "u!ment &eforethe %ourt of Appeals pursuant to +ection -# par. /# of the 8u!iciary Law.=A compromise may howe'er &e !istur&e! an! set asi!e for 'ices of consent or forery.

ence# where an arie'e! party allees mista*e# frau!# 'iolence# intimi!ation# un!ue influence#

or falsity in the execution of the compromise em&o!ie! in a "u!ment# an action to annul it

shoul! &e &rouht &efore the %ourt of Appeals# in accor!ance with +ection -1/2 of atas

Pam&ansa ilan (/-# which i'es that court 1%A2 exclusi'e oriinal "uris!iction o'er actions for

annulment of "u!ments of reional trial courts.C

!f$ n order of eecution:

+o you cannot appeal from an or!er of execution &ecause if we will allow the losin party to appeal from

an or!er of execution# then there will &e no en! to litiation. Faya na execution# eh N it means tapos na an

*aso. That case is finishe!# !eci!e!# final.

ut suppose the or!er of execution contains portions which are not foun! in the "u!ment# meanin# the

or!er of execution is chanin the "u!ment which shoul! not &e !one# then o&'iously# the correct reme!y is

certiorari un!er Rule 65 &ecause of ra'e a&use of !iscretion.

!g$ judgment or final order for or against one or more of

se'eral parties or in separate claims, counterclaims, cross-claims and third-party complaints, while the main case ispending, unless the court allows an appeal therefrom:

The &est example of a "u!ment of final or!er where there are separate claims is foun! in Rule ,6. There

coul! &e more than one "u!ment in one ci'il case an! there can &e more than one !ecision N "u!ment on

the main action# on the counterclaim# etc. 1#.f. +ections 4 an! 5# Rule ,62

@ E'erytime a "u!ment is issue!# can you appeal alrea!y form the first "u!ment when there will &e a

secon! "u!ment in that ci'il action %an you appeal from all these separate "u!ment

A 3o# unless the court allows an appeal therefrom. Ienerally# you ha'e to wait for all the "u!ments to

&e ren!ere! &efore you can appeal &ecause# normally# there can &e no appeal from e'ery "u!ment ren!ere!.

A oo! example of this is in the case of

PRO0%NCE OF PAN,AS%NAN vs. COURT OF APPEALS22 SCRA 12

FACTS This was a partial summary "u!ment un!er Rule ,5. >s it appeala&le ?ne partyclaims that a partial summary "u!ment is appeala&le &ecause of Rule ,6# where the court allows

an appeal therefrom. ut accor!in to the +upreme %ourt

&EL' A partial summary "u!ment is not co'ere! &y Rule ,6. >t is o'erne! &y Rule ,5an! there is no appeal &ecause it is merely interlocutory.

Rule 3#, Sec. 4. Case not fully adjudicated on otion. f onmotion under this Rule, judgment is not rendered upon the

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whole case or for all the reliefs sought and a trial isnecessary, the court at the hearing of the motion, yeamining the pleadings and the e'idence efore it and yinterrogating counsel shall ascertain what material factseist without sustantial contro'ersy and what are actuallyand in good faith contro'erted. t shall thereupon ma+e anorder specifying the facts that appear without sustantial

contro'ersy, including the etent to which the amount ofdamages or other relief is not in contro'ersy, and directingsuch further proceedings in the action as are just. The factsso specified shall e deemed estalished, and the trial shalle conducted on the contro'erted facts accordingly.

@ )hen can there &e a partial summary "u!ment

A )hen some portions of a claim are su&stantially contro'erte! an! the rest are not su&stantially

contro'erte!. +o the court is authoriHe! to ren!er a partial summary "u!ment on the claim where there is no

enuine issue we continue tryin the case with respect to the claim where there is a enuine issue. +o there

will &e two "u!ments. A summary "u!ment for one claim an! an or!inary "u!ment for the other claim. +o

nauna yun partial summary "u!ment.

@ %an you appeal from there imme!iately

A 3?# you ha'e to wait for the other "u!ment to come out. ;ou cannot appeal from that partial

summary "u!ment while the main case is pen!in# unless the court allows appeal therefrom.

!h$ n order dismissing an action without prejudice.

>f an action is !ismisse! without pre"u!ice# it cannot &e appeale! &ecause# as it is without pre"u!ice# you

can re7file the case. ut suppose! the !ismissal without pre"u!ice is ar&itrary# an! > !ont want to re7file

&ecause it is too costly an! > really want to

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Another new pro'ision is +ection /. ut# actually# the principles are not new. ow !o you appeal from

the RT% to the %A 1or to a hiher court2 Ta*e note that +ection / tells us that there are , possi&le ways

(2 ?r!inary Appeal 1in cases !eci!e! &y the RT% pursuant to its oriinal "uris!iction2

/2 Petition Bor Re'iew 1in cases !eci!e! &y the RT% pursuant to its appellate "uris!iction2

,2 Appeal y %ertiorari 1appeal from RT% !irect to the +% on pure

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This oes &ac* to the "uris!iction of the +%. The +% has exclusi'e# appellate "uris!iction in certain cases

G constitutionality of a law# treaty is in issue# "uris!iction of the court is in issue# an! when only mmiration %ommissioner# where the +% rule! that the perio! to appeal in ha&eas corpus

cases is (5 !ays since the 47hour perio! !isappeare! in the (--D Rules. +o many ot confuse! now.

+o when > ha! a tal* withJ'sti#e Panani&an last year !urin the cele&ration of the (00 years of +%here in :a'ao# > opene! this issue to him. +a&i *o# =$ali man yun rulin nyo &a. Un!er the "u!iciary law#

it is 47hoursMC Two months after the con'ersation# +ection , was amen!e!. ehemM9

Alriht# the perio! to appeal shall &e interrupte! &y timely motion for new trial or motion for new

consi!eration pro'i!e! that the motion for new trial is not a pro forma motion 1Rule ,D# +ection /2.

LA+%TA' vs. COURT OF APPEALS2- SCRA -3- !"##5$

FACTS ;ou recei'e a "u!ment on 8anuary ,(. ;ou file! a motion for reconsi!eration onBe&ruary (0. +o# interrupte! an! then on Be&ruary /0# you recei'e the or!er !enyin the motion

for reconsi!eration. )hen is the last !ay to appeal

&EL' The last !ay is Be&ruary /6. The filin of a motion for new trial or reconsi!eration isnot counte! in the (57!ay perio!. Upon the filin in Be&ruary (0# it is alrea!y interrupte!. +o#

you !i! not consume (0 !ays. ;ou consume! only - !ays.

=The perio! to appeal is suspen!e! if a motion for reconsi!eration or one for a new trial is

file!# which# if !enie!# continues to run upon receipt of the or!er !enyin the same as if no

interruption has occurre!. The time !urin which a motion for reconsi!eration or one for newtrial has &een pen!in shall &e counte! from the !ate the motion is !uly file! to the !ate when the

mo'ant is !uly notifie! of the !enial thereof.C

=The perio! !urin which the motion is pen!in with the trial court inclu!es the !ay the same

is file! &ecause the motion shall ha'e &een alrea!y place! un!er the courtQs consi!eration !urin

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the remainin hours of the !ay. The 'ery !ate the motion for reconsi!eration has &een file!

shoul! &e exclu!e! from the appeal perio!.C

+o how !o you reconcile this pronouncement with the rule that the first !ay is exclu!e! an! the last !ay

is inclu!e! The answer is foun! in Rule //# +ection /

Rule , Sec. . )ffect of interruption.- Should an act e

done which effecti'ely interrupts the running of the period, theallowale period after such interruption shall start to run onthe day after notice of the cessation of the cause thereof.

The day of the act that caused the interruption shall eecluded in the computation of the period. !n$

RU+%O vs. *TCC +RANC& - OF CA,A(AN 'E ORO C%T(252 SCRA "12

FACTS The perio! to file a motion for new trial or reconsi!eration is within the perio! toappeal which is (5 !ays# *aya walan extension. 3ow this is what happene!. The court issue! an

interlocutory or!er. After two months# one of the parties file! a motion for reconsi!eration an!#of course# the other party sai!# no more# you shoul! file the motion within (5 !ays. ;ou cannot

file &eyon! the (57!ay perio!. >s that correct

&EL' 3?. That is wron &ecause an interlocutory or!er cannot &e appeale! hence# the (57!ay perio! !oes not apply. ;ou can file your motion for reconsi!eration anytime for as lon as

the court still has "uris!iction o'er the case.

The (57!ay perio! only applies when the or!er is final. ut when the or!er is interlocutory#

you can file it anytime &ecause there is no !efinite perio! for the court to chane it. Bor as lon

as the court has "uris!iction o'er the case# it has the power to chane that wron or!er.

=The perio! su&"ect to interruption &y a motion for reconsi!eration is the perio! to appeal. An

interlocutory or!er is not appeala&le if there is accor!inly no perio! to suspen! or interrupt.C

Sec. 4. Appellate court docket and other lawful fees.ithinthe period for ta+ing an appeal, the appellant shall pay tothe cler+ of the court which rendered the judgment or finalorder appealed from, the full amount of the appellate courtdoc+et and other lawful fees. &roof of payment of said feesshall e transmitted to the appellate court together with theoriginal record or the record on appeal. !n$

Un!er the law# within the perio! for ta*in an appeal# the appellant shall only pay to the cler* of court of

the RT% which ren!ere! the "u!ment or final or!er the full amount of the appellate court !oc*et fee an! allother lawful fees an! the proof of payment shall &e transmitte! to the %A toether with the oriinal recor!

on appeal.

@ ow !oes this amen! the ?l! law

A Un!er the ?L: Law# when you appeal from the RT% to the %A # you "ust file a notice of appeal. ;ou

!o not pay anythin# you !o not pay the appellate !oc*et fee. +o the recor!s will &e transmitte! upon or!er

of the cler* of court.

Pa!atin sa %A# later on# the cler* of court there will communicate to the appellant na the recor!s are

there alrea!y# ma&aya! *a n !oc*et fee within so many !ays. +o# mamaya mo na &ayaran# hintayin mo

munan mapunta !oon at hintayin mo an notisya.

3?)# you !o not wait. Pa 7 file mo n notice of appeal# you PA; >$$E:>ATEL;. )hen you

appeal# &ayaran mo na an %A !oc*et fee sa RT% cler* an! then pa7transmit# sa&ay naM That is the chane.

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>f we will notice# the counterpart is +ection 5 Rule 40 N yun appeal from the $T% to the RT%

R=> 40, Section #. Appellate court and other lawful fees. -ithin the period for ta+ing an appeal, the appellant shall payto the cler+ of the court which rendered the judgment or finalorder appealed from the full amount of the appellate court doc+et

and other lawful fees. &roof of payment thereof shall etransmitted to the appellate court together with the originalrecord or the record on appeal, as the case may e. !n$

@ +uppose the person appealin from the $T% to the RT% faile! to pay the appeal fee un!er Rule 40#

can the appeal &e !ismisse!

A 3o# &ecause it is not one of the res there any !irect pro'ision of the Rules of

%ourt which authoriHes the !ismissal of the appeal &y non7payment of the appeal !oc*et feeA ;E+. Rule 50 +ection ( c9J

R=> #0, Section " ? n appeal may e dismissed y the ourtof ppeals, on its own motion or on that of the appellee. onthe following grounds%

!c$ 8ailure of the appellant to pay the doc+et and other

lawful fees as pro'ided in Section 4 of Rule 4" :

> &elie'e that it is !ismissi&le &ecause of that. +o# to my min!# the +A3T?+ vs. %A rulin whicho'erns Rule 40 an! which for me is 'ali!# is 3?T APPL>%ALE to Rule 4( &ecause there is a !irect

pro'ision in Rule 50 that an appeal can &e !ismisse! for non7payment of appeal !oc*et fee. That is the

!ifference &etween these two situations.

3?T>%E ?B APPEAL

3ow# let us o &ac* to +ection 5 of Rule 4(J

Sec. #. *otice of appeal. The notice of appeal shallindicate the parties to the appeal, specify the judgment orfinal order or part thereof appealed from, specify the courtto which the appeal is eing ta+en, and state the materialdates showing the timeliness of the appeal. !4a$

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Ano &a an na*alaay sa notice of appeal >ts 'ery clear there that you in!icate the parties to the appeal#

specify the "u!ment an! state the material !ate showin the timeliness of the appeal.

:o you *now how to !o it >ts 'ery simple. The !efen!ant merely saysJDefendant "e$e13 se$ves n%ti#et"at "e is appealin( t% t"e A %n 6'esti%ns %f fa#t %$ %n 6'esti%ns %f fa#t and la* t"e &'d()ent %f t"e

7%n%$a1le %'$t 4RT5 dated De#e)1e$ 89, ;;n the case of

&E%RS OF *A%*O R%,OSO vs. COURT OF APPEALS

2"" SCRA 3-/

FACTS Plaintiff file! an action aainst !efen!ant for partition of property. )hile the actionwas pen!in# !efen!ant !ie!. Partition is an action which sur'i'es. :efen!ants lawyer faile! to

inform the court a&out plaintiffs !eath 1it is the lawyers !uty which he !i! not !o2. +o with that#

there was no proper su&stitution. Later# "u!ment was ren!ere! aainst the !ecease! !efen!ant.

ut after the !ecision came out# the lawyer of the !efen!ant file! a notice of appeal in accor!ance

with Rule 4(.

%SSUE 6" )as the appeal properly ma!e&EL' 3?. Upon the !eath of the !efen!ant# the lawyers authority to represent him alrea!y

expire!. There was an automatic expiration of the lawyer7client relationship. The notice of appeal

which the lawyer file! in &ehalf of the !ecease! was an unauthoriHe! plea!in# therefore not

'ali!.

%SSUE 62 >s the "u!ment &in!in to the !efen!ants heirs 1remem&er# they were notsu&stitute!2

&EL' ;E+. The 'ali!ity of the "u!ment was not affecte! &y the !efen!ants !emise for theaction sur'i'e! 1partition# eh2. The !ecision is &in!in an! enforcea&le aainst the successor7in7

interest of the !ecease! litiant &y title su&se

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This time# the perio! to appeal is not only (5 &ut ,0 !ays an! a recor! on appeal is only ret soun!s strane &ecause what we'e stu!ie! so far# multiple appeals are not allowe! in ci'il

cases# there shoul! only &e one appeal. Faya na interlocutory or!ers are not appeala&le# precisely to a'oi!

or!er on appeal in a ci'il case. )e will explain this later.

RE%?R: ?3 APPEAL

Sec. 5. Record on appeal; for and contents thereof. Thefull names of all the parties to the proceedings shall estated in the caption of the record on appeal and it shallinclude the judgment or final order from which the appeal ista+en and, in chronological order, copies of only suchpleadings, petitions, motions and all interlocutory orders asare related to the appealed judgment or final order for theproper understanding of the issue in'ol'ed, together with such

data as will show that the appeal was perfected on time. f anissue of fact is to e raised on appeal, the record on appealshall include y reference all the e'idence, testimonial anddocumentary, ta+en upon the issue in'ol'ed. The referenceshall specify the documentary e'idence y the ehiit numersor letters y which it was identified when admitted or offeredat the hearing, and the testimonial e'idence y the names ofthe corresponding witnesses. f the whole testimonial anddocumentary e'idence in the case is to e included, astatement to that effect will e sufficient without mentioningthe names of the witnesses or the numers or letters of

ehiits. >'ery record on appeal eceeding twenty !0$ pagesmust contain a suject inde. !5a$

A recor! on appeal is simply a repro!uction of all the plea!ins file! &y the parties# all the motions file!

&y the parties# all the or!ers issue! &y the court an! the final "u!ment ren!ere! &y the court arrane! in

chronoloical or!er.

Bor EOA$PLEJ'an de la $'? ve$s's Ped$% Sant%s. Recor! on appeal. 3ormally# it starts with thisphraseG

!Be it $e)e)1e$ed t"e f%ll%*in( p$%#eedin(s t%%@ pla#e in t"e #%'$t 1el%*:Pa$. . On Jan'a$3 =, ;;>, plaintiff filed a #%)plaint a(ainst defendant as f%ll%*s: 77 1so

*opyahin mo yun complaint. Practically it is mechanical wor*# eh.2Pa$. 8. On Jan'a$3 8=, ;;>, defendant filed an ans*e$ 1*opyahin mo an answer2Pa$. . On +a$#" =, ;;>, t"e #%'$t $ende$ed &'d()ent 1*opyahin mo na naman.2C

ow lon Iaano *a*apal yan :epen!e. Bor example# the case laste! for more than two years. +o

practically# the recor! on appeal may amount to hun!re!s of paes. That is why the perio! to appeal is

increase! from (5 to ,0 if the law re

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ut there are some motions na hin!i na *ailanan. Bor example# the case will &e set for trial next wee*.

+a&i n !efen!ant# !+%ti%n t% p%stp%ne, I a) n%t $ead3 1e#a'se I a) s'ffe$in( f$%) dia$$"ea. +o the trialwas postpone!. Failanan pa &an ilaay an motion na yan That is not necessary to un!erstan! the issue.

Piliin mo lan an importante.

3ow# &a*it *ailanan yan recor! on appeal a*it sa or!inary appeal# hin!i man *ailanan ecause

in ?r!inary %i'il Actions# when the appeal is perfecte!# the cler* of court of the RT% transmits the entire

recor! to the %A. +o an!oon na lahat yan. ut in special procee!ins or in ci'il cases where multipleappeals are allowe!# when an or!er or "u!ment is ren!ere!# the case continues pa. +o# the recor!s are not

yet ele'ate!. +o# how can the %A un!erstan! what happene! without the recor!s That is calle! the recor!

on appeal.

@ Ii'e an example of a ci'il action where multiple appeals are allowe!.

A +ection 4 of Rule ,6# where se'eral "u!ments will &e ren!ere! in one case

R=> 35, Sec. 4. $e(eral judgents. - n an action againstse'eral defendants, the court may, when se'eral judgment is

proper, render judgment against one or more of them, lea'ingthe action to proceed against the others. !4$

An! to &e more specific# that rule was applie! &y the +% in the case of

*UN%C%PAL%T( OF +%7AN vs. ,ARC%A"/ SCRA 51

FACTS $unicipality of inan file! expropriation cases aainst se'eral lan!owners &ecauseit woul! li*e to expropriate their lan! for pu&lic use. All of them were name! as co7!efen!ants in

one complaint. Lan!owner A file! a motion for separate trial 1Rule ,(2. The court rante! it. The

court ren!ere! a !ecision expropriatin the lan! of A. 3auna siya. As for the other lan!owners#the case continue!.

%SSUE 6"8%an A appeal alrea!y from the !ecision ren!ere! aainst him or must he wait forthe !ecision to &e ren!ere! aainst the other lan!owners

&EL'8;E+# A can now appeal &ecause the or!er was alrea!y final aainst A. There issomethin more for the court to !o &ut only with respect to the other !efen!ants. ut as far as A

is concerne!# there is nothin more for the court to !o.

+o when the "u!ment is alrea!y ren!ere! aainst the other lan!owners# they can now also

appeal. +o there coul! &e two or more final "u!ments an! two or more appeals.

%SSUE 628+uppose the case was trie! aainst all of them 1sa&ay &a2 an! there was one!ecision aainst themGso sa&ay7sa&ay sila ma7appeal. >s recor! on appeal re

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(.2 +pecial procee!insJ

/.2 Actions for reco'ery of property with accountinJ

,.2 Actions for partition of property with accountinJ

4.2 +pecial ci'il actions of eminent !omain 1expropriation2J

5.2 +pecial ci'il actions for foreclosure of mortae.

=The rationale &ehin! allowin more than one appeal in the same case is to ena&le the rest of

the case to procee! in the e'ent that a separate an! !istinct case is resol'e! &y the court an! hel!to &e final.C

The enumeration cite! in RO+AN AT7OLI ASE ista*en from the rulin of the +% in the cases of$>RA3:A vs. %A 1D( +%RA /-52 an! :E IU$A3 vs. %A 1D4 +%RA ///2. >n these cases# when youfile only a notice of appeal without the recor! on appeal# it will not suffice. +o it will &e !ismisse!.

@ )hat if the party file! a recor! on appeal without a notice of appeal +houl! the appeal &e

!ismisse!

A 3?# the appeal will not &e !ismisse! &ecause the filin of the recor! on appeal is har!er to comply

with than the filin of a notice of appeal. The filin of the recor! on appeal is more expressi'e of the !esire

of the party to appeal. 1Peralta 's. +olon# DD Phil. 6(02

4T"e f%ll%*in( dis#'ssi%ns 'nde$ Se#ti%n *as ta@en f$%) t"e t" 3ea$ $evie* t$ans#$ipti%n5 3ow# letus try to tie this up with what may &e appeale! an! what may not &e appeale!# lets o &ac* to section ( 9

of Rule 4(

Section ". $u!ject of appeal. - n appeal may e ta+en from ajudgment or final order that completely disposes of the case, orof a particular matter therein when declared y these Rules to eappealale.)o appeal may e ta+en from%

!g$ judgment or final order for or against one or more of

se'eral parties or in separate claims, counterclaims,cross-claims and third-party complaints, while the main case ispending, unless the court allows an appeal therefrom.

Ta*e note that as a IE3ERAL RULE a "u!ment for or aainst one or more of se'eral parties or in

separate claims# counterclaims# cross7claims# et#., while the main case is pen!in# cannot &e appeale!&ecause that will result to multiple appeals# unless the court allows an appeal therefrom# in which case#

multiple appeals woul! now &e possi&le.

@ %ite examples of ci'il actions where# &y !irect pro'ision of the Rules# the law mentions that the

"u!ment is alrea!y final an! appeala&le !espite the fact that the case still oes on with respect to the other

issues.

A The case of+NIIPALITY O- BICAN vs. /ARIA which is now expressly pro'i!e! for in Rule6D# +ection 4# 1on Expropriation2

Sec. . )ntry of plaintiff upon depositing (alue withauthori+ed go(ernent depositary , pon the filing of thecomplaint or at any time thereafter and after due notice tothe defendant, the plaintiff shall ha'e the right to ta+e orenter upon the possession of the real property in'ol'ed if hedeposits with the authori@ed go'ernment depositary an amounte*ui'alent to the assessed 'alue of the property for purposes

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of taation to e held y such an+ suject to the orders ofthe court. Such deposit shall e in money, unless in lieuthereof the court authori@es the deposit of a certificate ofdeposit of a go'ernment an+ of the Repulic of the&hilippines payale on demand to the authori@ed go'ernmentdepositary.

:i! you notice that an ?r!er of Expropriation $A; E APPEALE: )hen there is an or!er ofexpropriation 7 the court says# !Al$i("t, t"e p$%pe$t3 is de#la$ed eFp$%p$iated. Tapos na &a an case 3?T;ET &ecause there is still a Part / which the !etermination of "ust compensation. +o# technically# it !oes not

yet really !ispose of the case UT &y express pro'ision of the law# the or!er is alrea!y appeala&le. That is

an instance where multiple appeals may arise in one ci'il case.

Another example is Rule 6- on Partition

R=> 59, Sec. . 'rder for partition- and partition !yagreeent thereunder. - f after the trial the court findsthat the plaintiff has the right thereto, it shall order the

partition of the real estate among all parties in interest.Thereupon the parties may, if they are ale to agree, ma+e thepartition among themsel'es y proper instruments ofcon'eyance, and the court shall confirm the partition soagreed upon y all the parties, and such partition, togetherwith the order of the court confirming the same, shall erecorded in the registry of deeds of the place in which theproperty is situated. !a$

final order decreeing partition and accounting may eappealed y any party aggrie'ed therey. !n$

A final or!er !ecreein partition is appeala&le. ut the case will o on &ecause if the first or!er is thatthere is a co7ownership# then there shoul! &e a partition. An suno! is how to partition. As a matter of fact#

the court may e'en hire commissioners as to how to partition &ut in the meantime# the or!er to partition is

alrea!y appeala&le althouh it !i! not completely !ispose! of the ci'il action.Sec. 6. Appro(al of record on appeal. pon the filing of the

record on appeal for appro'al and if no ojection is filed ythe appellee within fi'e !#$ days from receipt of a copythereof, the trial court may appro'e it as presented or uponits own motion or at the instance of the appellee, may directits amendment y the inclusion of any omitted matters whichare deemed essential to the determination of the issue of law

or fact in'ol'ed in the appeal. f the trial court orders theamendment of the record, the appellant, within the timelimited in the order, or such etension thereof as may egranted, or if no time is fied y the order within ten !"0$days from receipt thereof, shall redraft the record yincluding therein, in their proper chronological se*uence,such additional matters as the court may ha'e directed him toincorporate, and shall thereupon sumit the redrafted recordfor appro'al, upon notice to the appellee, in li+e manner asthe original draft. !6a$

)hat you ha'e to remem&er here is that in appeals# where a recor! on appeal is re

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The possi&le roun!s for o&"ections are N necessary plea!ins were not pro!uce! li*e *ulan7*ulan an

recor! on appeal *ulan7*ulan !in siuro yun na7file9J or# you !i! not repro!uce the plea!in properlyJ

to pester the other party an! "ust to &loc* the appro'al# li*e i7re*lamo *ahit wron spellin lan. pestetalaaM9

Sec. (. oint record on appeal. here oth parties areappellants, they may file a joint record on appeal within thetime fied y section 3 of this Rule, or that fied y thecourt. !(a$

@ >s it possi&le that &oth si!es will appeal

A ;es# when &oth are not satisfie!.

+uppose &oth plaintiff an! !efen!ant will want to appeal an! a recor! on appeal is re

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n appeals y record on appeal, the court loses jurisdictiononly o'er the suject matter thereof upon the appro'al of therecords on appeal filed in due time and the epiration of thetime to appeal of the other parties.

n either case, prior to the transmittal of the originalrecord or the record on appeal, the court may issue orders forthe protection and preser'ation of the rights of the parties

which do not in'ol'e any matter litigated y the appeal,appro'e compromises, permit appeals of indigent litigants,order eecution pending appeal in accordance with section ofRule 39, and allow withdrawal of the appeal. !9a$

)E3 ?3L; 3?T>%E ?B APPEAL >+ RE@U>RE:

@ )hen only a notice of appeal is re recei'e! a copy of the !ecision on $arch ,( so > ha'e (5 !ays to appeal i.e. up to April(5. $y opponent recei'e! the !ecision on April (0. +o an opponent *o naman an &ilan niya is from

April (0 to April /5. >&a an (5 !ays niya# i&a !in sa a*in.

@ +ince > recei'e! the !ecision on $arch ,(# > file! my notice of appeal on April 5# is the appeal

perfecte!

A ;es# as far as > am concerne!.

@ ow a&out the other si!e

A 3ot yet# &ecause as of April 5# he has not yet recei'e! a copy of the !ecision. e will start computin

from April (0. +o as of now# it is alrea!y perfecte! only &y 50S.

@ +uppose &y April /5 which is the last !ay of (57!ay perio! of my opponent# he !i! not file anythin.

3a7expire na. )hat will happen now

A Then as of April /5# the appeal is now fully perfecte! 1(00S2 &ecause as far as > am concerne!# >

ha'e alrea!y file! a notice of appeal. As far as he is concerne!# his (57!ay perio! to appeal has lapse!.

Therefore# the case is now ripe for ele'ation. This is what the thir! pararaph means# !In appeals 13 n%ti#e%f appeal, t"e #%'$t l%ses &'$isdi#ti%n %ve$ t"e #ase 'p%n t"e pe$fe#ti%n %f t"e appeals filed in d'e ti)e andt"e eFpi$ati%n %f t"e ti)e t% appeal %f t"e %t"e$ pa$ties.;ou ha'e to loo* at it from the 'iewpoint of &oth

parties.

That is the time for the cler* of court to ele'ate the recor!s. >t is from that moment that the court has lost

(00S "uris!iction o'er the case from the 'iewpoint of &oth parties.

Up to now# !espite this pro'ision# >m still recei'in these *in! of or!ers from the courts. 3a*alaay

!oon !A n%ti#e %f appeal "avin( 1een filed 13 t"e defendant %n t"is date, t"e appeal is n%* dee)edpe$fe#ted and let t"e $e#%$d n%* 1e elevated t% t"e A.$y IollyM This is )R????3IM The appeal is

perfecte! only as far as the !efen!ant is concerne! why !ecree it as perfecte! Tininnan mo lan yunisan si!e eh. Paano *un yun plaintiff ma7file pa n motion for execution pen!in appeal

+o# !o not ele'ate the recor! until the (57!ay perio! has expire! on ?T +>:E+. This is the correct

interpretation of the Rules. )e will now o to some interestin cases

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UN%0ERSAL FAR EAST CORP. vs. COURT OF APPEALS"3" SCRA -2

FACTS ?n $arch ,(# &oth Epi an! il!e recei'e! a copy of the !ecision. Epi won# il!elost. Brom the 'iewpoint of &oth# April (5 is the last !ay to appeal. ?n April 5# il!e file! a

notice of appeal. +o the appeal is perfecte! from the 'iewpoint of il!e. ?n April (,# Epi file a

motion to execute pen!in appeal. )as the motion file! on time ;es# &ecause Epi can file themotion &etween $arch ,( an! April (5. ?n April /5# the court rante! Epis motion.

This is now the arument of il!e !H+3 /%ll3 T"e %$de$ %f eFe#'ti%n 13 Epi is v%id1e#a'se t"e #%'$t "as al$ead3 l%st &'$isdi#ti%n %ve$ t"e #ase as %f Ap$il 8= 1e#a'se -$%) t"evie*p%int %f 1%t" pa$ties, t"e last da3 is Ap$il =, afte$ Ap$il = t"e pe$i%d *it"in *"i#" Epi #an

file a )%ti%n t% eFe#'te "as eFpi$ed. Brom the 'iewpoint of il!e# he alrea!y file! a notice ofappeal on April 5. +o# from the 'iewpoint of &oth# the court alrea!y lost "uris!iction.

Accor!in to Epi !B't I filed )3 )%ti%n %n Ap$il , t"e #%'$t "as n%t 3et l%st &'$isdi#ti%n.!A" Yes, sa&i naman ni il!e# !1't t"e #%'$t a#ted %n 3%'$ )%ti%n %n Ap$il 8=, *"i#" is afte$

Ap$il =.

&EL' Epi is correct. The important point is the !ate of filin. Thus# e'en if the court acts&eyon! the (57!ay perio!# the or!er is still 'ali!. The important thin is the motion to execute

pen!in appeal was file! within the (57!ay perio!.

=>t may &e arue! that the trial court shoul! !ispose of the motion for execution within the

relementary fifteen7!ay perio!. +uch a rule woul! &e !ifficult# if not impossi&le# to follow. >t

woul! not &e pramatic an! expe!ient an! coul! cause in"ustice.C

=The motion for execution has to &e set for hearin. The "u!ment !e&tor has to &e hear!.

The oo! reasons for execution pen!in appeal ha'e to &e scrutiniHe!. These thins cannot &e

!one within the short perio! of fifteen !ays# or in this case# two !ays. The trial court may &e

confronte! with other matters more pressin that woul! !eman! its imme!iate attention.C

+o in this case# the court has not yet lost "uris!iction the act on the motion for execution pen!in appeale'en if it is &eyon! (5 !ays# pro'i!e! the motion was file! within (5 !ays.

)E3 RE%?R: ?B APPEAL >+ RE@U>RE:

@ ow a&out an appeal where a recor! of appeal is re

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liti(ants, %$de$ eFe#'ti%n pendin( appeal in a##%$dan#e *it" se#ti%n 8 %f R'le ;, and all%* *it"d$a*al %ft"e appeal.

Lets us outline the last pararaph ?nce an appeal is !eeme! perfecte! un!er +ection -# the RT% loses

"uris!iction o'er the case an! can no loner act in that case.

@ )hat thins or what actions can the RT% !o e'en if it has technically lost "uris!iction o'er the case

+ometimes they call this as the $esid'al"uris!iction# a.@.a.=!u*otC "uris!iction.A Bor as lon as the oriinal recor! or the recor! on appeal is not yet transmitte! 1&ecause it ta*es sometime for the recor!s to &e transmitte!2 the trial court# !espite the fact that it has alrea!y lost "uris!iction# can

!o the followin acts

(.2 to issue or!ers for the protection an! preser'ation of the rihts of the parties which !o not

in'ol'e in any matter litiate! in the appealJ

/.2 to appro'e compromises &etween the partiesJ

,.2 to permit appeals to in!ient litiantsJ

4.2 to or!er executions pen!in appeal in accor!ance with +ection / of Rule ,-J and5.2 to allow the with!rawal of the appeal.

6.2 The court can or!er the !ismissal of an appeal un!er +ection (,# Rule 4(.

@ %an the parties settle the case amica&ly !espite the fact that there is alrea!y an appeal

A ;es# compromise is welcome anytime.

@ 3ow who will appro'e the compromise

A Technically# the court has no "uris!iction. ut for as lon as the recor!s are still there# the trial court

can appro'e the compromise. 3ow# suppose the recor!s are alrea!y transmitte! to the %A Then you &etter

su&mit your compromise areement &efore the %A.

+ections (0# ((# an! (/ are purely a!ministrati'e pro'isions.

Sec. "0. Duty of clerk of court of the lower court uponperfection of appeal.ithin thirty !30$ days after perfectionof all the appeals in accordance with the preceding section,it shall e the duty of the cler+ of court of the lower court%

!a$ To 'erify the correctness of the original record or therecord on appeal, as the case may e, and to ma+e acertification of its correctness:

!$ To 'erify the completeness of the records that will etransmitted to the appellate court:

!c$ f found to e incomplete, to ta+e such measures as maye re*uired to complete the records, a'ailing of the authority

that he or the court may eercise for this purpose: and!d$ To transmit the records to the appellate court.f the efforts to complete the records fail, he shall

indicate in his letter of transmittal the ehiits ortranscripts not included in the records eing transmitted tothe appellate court, the reasons for their non-transmittal,and the steps ta+en or that could e ta+en to ha'e thema'ailale.

The cler+ of court shall furnish the parties with copies ofhis letter of transmittal of the records to the appellatecourt. !"0a$

Sec. "". Transcript. pon the perfection of the appeal, thecler+ shall immediately direct the stenographers concerned toattach to the record of the case fi'e !#$ copies of the

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transcripts of the testimonial e'idence referred to in therecord on appeal. The stenographers concerned shall transcriesuch testimonial e'idence and shall prepare and affi to theirtranscripts an inde containing the names of the witnesses andthe pages wherein their testimonies are found, and a list ofthe ehiits and the pages wherein each of them appears toha'e een offered and admitted or rejected y the trial court.

The transcripts shall e transmitted to the cler+ of the trialcourt who shall thereupon arrange the same in the order inwhich the witnesses testified at the trial, and shall causethe pages to e numered consecuti'ely. !"a$

Sec. ". Transittal. The cler+ of the trial court shalltransmit to the appellate court the original record or theappro'ed record on appeal within thirty !30$ days from theperfection of the appeal, together with the proof of paymentof the appellate court doc+et and other lawful fees, acertified true copy of the minutes of the proceedings, the

order of appro'al, the certificate of correctness, theoriginal documentary e'idence referred to therein, and theoriginal and three !3$ copies of the transcripts. opies ofthe transcripts and certified true copies of the documentarye'idence shall remain in the lower court for the eaminationof the parties. !""a$

Sec. "3. Disissal of appeal. &rior to the transmittal ofthe original record or the record on appeal to the appellatecourt, the trial court may motu proprio or on motion dismissthe appeal for ha'ing een ta+en out of time. !"4a$

@ $ay the RT% !ismiss the appeal

A ;es# for as lon as the recor! of the case or the recor! of appeal has not yet &een transmitte! to the

appellate court# the court may )%t' p$%pi%# e'en without any motion# or on motion of the appellee# the trialcourt is empowere! to !ismiss the appeal on the roun! of ha'in &een ta*en out of time.

@ %an the trial court !ismiss the appeal on the roun! that the appeal is !ilatory

A 3?. The trial court has no power to say that the appeal is !ilatory. +uch

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Rule 4

PETITION FOR REVIEW

FROM THE REGIONAL TRIAL COURTS

TO THE COURT OF APPEALS

@ )hat are the mo!es of appeal from RT% to the %AA >ts either ?R:>3AR; APPEAL 1Rule 4(2 or PET>T>?3 B?R RE>E) 1Rule 4/2.

Rule 4( refers to an or!inary appeal from the RT% to the %A N yun notice of appeal. ere# the RT%

ren!ere! a !ecision pursuant to its ?R>I>3AL 8UR>+:>%T>?3.

Eto naman Rule 4/ 1Petition for re'iew2 is the mo!e of appeal from the RT% to the %A in cases

!eci!e! &y the RT% pursuant to its APPELLATE 8UR>+:>%T>?3. +o# the case here actually oriinate! in

the $T%# then it was appeale! to the RT% un!er Rule 40. An! now# from the RT%# you want to o to the

%A. ence# the mo!e of appeal is not 1Rule 4(2 3otice of Appeal &ut RULE 4/ N Petition for Re'iew.

Bor the first time# there is now a rule o'ernin petitions for re'iew from the RT% to the %A. Prior to8uly (# (--D# there was none. Althouh there were ui!elines then N in "urispru!ence# !eci!e! cases an! +%

circulars.

Section ". How appeal taken; tie for filing. partydesiring to appeal from a decision of the Regional Trial ourtrendered in the eercise of its appellate jurisdiction mayfile a 'erified petition for re'iew with the ourt of ppeals,paying at the same time to the cler+ of said court thecorresponding doc+et and other lawful fees, depositing the

amount of .00 for costs, and furnishing the Regional Trialourt and the ad'erse party with a copy of the petition. Thepetition shall e filed and ser'ed within fifteen !"#$ daysfrom notice of the decision sought to e re'iewed or of thedenial of petitioner7s motion for new trial or reconsiderationfiled in due time after judgment. pon proper motion and thepayment of the full amount of the doc+et and other lawful feesand the deposit for costs efore the epiration of thereglementary period, the ourt of ppeals may grant anadditional period of fifteen !"#$ days only within which tofile the petition for re'iew. )o further etension shall e

granted ecept for the most compelling reason and in no caseto eceed fifteen !"#$ days. !n$

Un!er +ection (# a petition for re'iew un!er Rule 4/ must &e ER>B>E:.

@ )here will you file your petition for re'iew

A ;ou file it !irectly with the %A. :o not file it with the trial court.

>n Rule 4(# where the appeal is !eeme! perfecte! &y simply filin a notice of appeal# you file your notice

of appeal with the RT%. :o not file it with the %A. ut in Rule 4/# where the appeal is &y petition for

re'iew# you file your petition !irectly with the %A. :o not file it with the RT%.

3ot only that. ?f course# you ha'e to pay the !oc*et an! lawful fees plus P500 for costs. An! you must

furnish the RT% an! the a!'erse party with a copy of the petition. That is a new re

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@ )hat is the perio! to file a petition for re'iew

A The perio! to file a petition for re'iew is (5 !ays from receipt of the RT% "u!ment or from the or!er

!enyin the motion for reconsi!eration.

@ )hat is the !ifference in perio! to file &etween Rule 4( an! Rule 4/

A >n Rule 4(# if your motion for reconsi!eration is !enie!# you can still appeal within the remainin

&alance of the (57!ay perio!. >n Rule 4/# the (57!ay perio! starts all o'er aain &ecause the law says !%$ %f

t"e denial.+o# another fresh (5 !ays. This &ecause it is more !ifficult to prepare a petition for re'iew. Thisis more time7consumin than a simple notice of appeal. )ell o to examples

PR?LE$ Lets o &ac* to RULE 4( ;ou recei'e a copy of the RT% !ecision on $arch ,(. ;ou file

your motion for reconsi!eration on April (0 N the (0th !ay. After two wee*s# you recei'e! or!er of the court

!enyin the $BR.

@ ow many more !ays are left for you to file a notice of appeal

A +ix 162 !ays. An &inilan mo# (7- !ays lan. The (0th !ay is interrupte! na. Thats true.

PR?LE$ )e will o to the same pro&lem 1applyin Rule 4/2 The case was !eci!e! &y the $T%#

appeale! to the RT%. An! then in the RT%# you lost aain. ;ou recei'e a copy of the !ecision on $arch ,(.

?n April (0# you file a motion for reconsi!eration. An! then on April /0# you recei'e the or!er !enyin the$BR.

@ ow many !ays more are left for you to file your petition for re'iew

A Fun sa&ihin mo 6 !ays from April /0 or April /6# thats BAL+EM The answer is (5 !ays all o'er

aain. Loo* at the law !T"e petiti%n s"all 1e filed and se$ved *it"in fifteen 4=5 da3s f$%) n%ti#e %f t"ede#isi%n s%'("t t% 1e $evie*ed %$ %f t"e denial %f petiti%ne$s )%ti%n f%$ ne* t$ial %$ $e#%nside$ati%n.$eanin# you count another (5 !ays from the !enial. Umpisa na namanM

+o the filin a motion for new trial or reconsi!eration in Rule 4/ !oes not only interrupt the runnin of

the perio! &ut it commences to run all o'er aain. Unli*e in Rule 4(# in or!inary appeal# where the filin of

the motion for reconsi!eration or new trial merely interrupts the runnin of the perio! to appeal. An! it

commences to run aain from the time you are notifie! that your motion is !enie!. +ee the !ifference

Actually# if you are not serious in your stu!y of appeal# you will not see these !istinctions. ;ou will "ust

assume that the principles un!er Rule 4( an! Rule 4/ are the same.

@ Un!er +ection (# is the (57!ay perio! to file petition for re'iew exten!i&le

A Un!er Rule 4(# the (57!ay perio! to file notice of appeal is not exten!i&le N no exceptions. ut in

Rule 4/# the (57!ay perio! to file petition for re'iew is EOTE3:>LE accor!in to the last sentence of

+ection (# pro'i!e! you pay your !oc*et an! other lawful fees# the %A will rant a!!itional (5 !ays within

which to file a petition for re'iew.

@ )here will you file your motion for extension of time to file petition for re'iew

A ;ou file your motion for extension to the %A. The %A itself will rant the extension.

@ ow many more !ays can the %A rant

A The %A may rant another (5 !ays an! no further extension can &e rante! eF#ept for the mostcompellin reasons. +o# oriinal extension is (5 !ays# an! a possi&le extension of (5 !ays total ,0 !ays.

These are technical points. An! how many appeale! cases ha'e &een !ismisse! simply &ecause these

finer pro'isions were not &een o&ser'e! &y lawyers > woul! say 60S of all appeals are !ismisse!. E'en in

:a'ao# ma"ority of petitions are !ismisse! &ecause na*ulanan n piso sa !oc*et fee# *arami. > presume

throuhout the country# the pattern is the same &ecause the rules on appeal are 'ery technical an! 'ery strict.Thats why there are lawyers in $anila# e'en in :a'ao# who !o not want to han!le appeale! cases. They

only han!le cases in the trial court. Pa7a*yat na# nasa %A na# petition for certiorari# pasa na sa i&a.

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ut there are also who ha'e mastere! the rules on appeal. Bor the purpose of specialiHation# trial phase

an! appeal phase. Bor purposes of the &ar# you ha'e to *now all the fiel!s in laws. ?nce you pass the &ar#

!iyan na *ayo ma7isip *un ano an pipiliin ninyoGci'il# criminal# la&or# etc. ut for purposes of the &ar#

you cannot say !ito lan a*o ma7aral sa La&or# wa na sa %i'il Law. Pwe!e &a yan ;ou cannot !o that.

Faya na sa&i nila# the people who *now more a&out the law are those who ha'e "ust ta*en the &ar.

Sec. . /or and contents. The petition shall e filed inse'en !6$ legile copies, with the original copy intended forthe court eing indicated as such y the petitioner, and shall!a$ state the full names of the parties to the case, withoutimpleading the lower courts or judges thereof either aspetitioners or respondents: !$ indicate the specific materialdates showing that it was filed on time: !c$ set forthconcisely a statement of the matters in'ol'ed, the issuesraised, the specification of errors of fact or law, or oth,allegedly committed y the Regional Trial ourt, and thereasons or arguments relied upon for the allowance of the

appeal: !d$ e accompanied y clearly legile duplicateoriginals or true copies of the judgments or final orders ofoth lower courts, certified correct y the cler+ of court ofthe Regional Trial ourt, the re*uisite numer of plain copiesthereof and of the pleadings and other material portions ofthe record as would support the allegations of the petition.

The petitioner shall also sumit together with the petitiona certification under oath that he has not theretoforecommenced any other action in'ol'ing the same issues in theSupreme ourt, the ourt of ppeals or different di'isionsthereof, or any other triunal or agency: if there is such

other action or proceeding, he must state the status of thesame: and if he should thereafter learn that a similar actionor proceeding has een filed or is pending efore the Supremeourt, the ourt of ppeals, or different di'isions thereof,or any other triunal or agency, he underta+es to promptlyinform the aforesaid courts and other triunal or agencythereof within fi'e !#$ days therefrom. !n$

Ta*e note of +ection /. :o not implea! the lower court or the "u!e &ecause nasanay na tayo na pati

yun "u!e nain !efen!ant or respon!ent na. )e only !o that in %ertiorari un!er Rule 65 in +pecial %i'il

Actions# &ut not on appeal. This is the influence of J'sti#e Beria &ecause he has penne! many cases which

has inclu!e! the "u!e as !efen!ant or respon!ent. +o# he sai! that in the case of +GSS vs. A Au. /5#(-69# hence we can see his influence# sininit talaa niya iyan sa *aso na yon.

3ow# as to the form last pararaph9# there has to &e a %ertification of 3on7Borum +hoppin# failure to

comply with such woul! mean the !ismissal of the case.

ORT%) vs. COURT OF APPEALS2## SCRA 1/ !"##/$

FACTS The certification was not sine! &y the ?rtiHes &ut &y their lawyer who has personal*nowle!e of the fact an! conten!e! that it shoul! &e accepte! as su&stantial compliance with

the rules.

&EL' The certification was not proper. +trict o&ser'ance of the rule is ren thiscase# no explanation was i'en.

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=Reretta&ly# )e fin! that su&stantial compliance will not suffice in a matter in'ol'in strict

compliance. The attestation containe! in the certification on non7forum shoppin re?3 hin!i &a *apa e$$%$ %f la*!apat sa +% yan in!i na !a!aan sa%A ow !o you reconcile this with the %onstitution Actually# when the law says de#isi%ns %f t"e RTappeala1le di$e#tl3 t% t"e S, it was !eci!e! pursuant to its oriinal "uris!iction. ut if it is !eci!e! pursuantto its appellate "uris!iction# the appeal shoul! &e to the %A e'en on pure

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committed an error of fact or law that will warrant a re'ersalor modification of the appealed decision, it may accordinglygi'e due course to the petition. !n$

@ )hen you file a petition for re'iew from the RT% to the %A# is the %A o&lie! to entertain the

petition

A 3o# this is !iscretionary un!er +ection 6. The %A may or may not i'e !ue course to the petition

unli*e in or!inary appeal. ;an an *ai&ahan n or!inary appeal an! petition for re'iew.

>n or!inary appeal un!er Rule 4(# when you file notice of appeal an! you pay your !oc*et fee# your

appeal is automatically entertaine!. At least it will &e hear! &y the %A. ut in Rule 4/# it is not the same.

)hen you o there# whether your petition for re'iew will &e i'en !ue course or not e'en if you ha'e pai!

the !oc*et fee. 3ormally# the %A will re

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A 3?# it cannot &e enforce! yet &ecause it is not yet final. )e still ha'e to wait for the appeal to &e

!ismisse! or to &e entertaine! an! !enie! later. Un!er pararaph &9# t"e appeal s"all sta3 t"e &'d()ent %$final %$de$ NLESS t"e A, t"e la* %$ t"ese $'les s"%'ld p$%vide %t"e$*ise.

Also# &ase! on the openin clause of pararaph &9# eF#ept in #ivil #ases p$%vided in t"e R'les %nS'))a$3 P$%#ed'$e# any part thereafter appeale! to the %A will not stop the implementation of the RT%!ecision.

Un!er +ection /( of the +ummary Rules# when a case is starte! in the $T% un!er the +ummaryProce!ure# an! appeale! to the RT% an! !eci!e! &y the RT%# the !ecision &ecomes imme!iately executory.

E'en if we file a petition for re'iew# it is executory. The only way to stop the RT% from enforcin that

"u!ment is to et a TR? or a writ of preliminary in"unction from the %A. That is the rule.

> ha'e a similar case now on that issue. The case oriinate! from the $T% for e"ectment. The !efen!ant

lost# a*yat nayon sa RT%# affirme!. An! then a*yat na naman an !efen!ant sa %A on petition for re'iew

1althouh riht now# it has not yet &een i'en !ue course2 with a prayer for TR?. ut the %A sai! that there

is no compellin reason to issue one. >n the meantime# > file! a motion for execution. The !efen!ant oppose!

on the roun! that a "u!ment cannot &e execute! !aw &ecause of a pen!in petition for re'iew. ut this is

un!er the +ummary Rules N e"ectment. This is an exception# so that will not apply.

Sec. 9. $u!ission for decision. f the petition is gi'endue course, the ourt of ppeals may set the case for oralargument or re*uire the parties to sumit memoranda within aperiod of fifteen !"#$ days from notice. The case shall edeemed sumitted for decision upon the filing of the lastpleading or memorandum re*uired y these Rules or y the courtitself. !n$

7o?o7

Rule 4

PETITION FOR REVIEW

FROM THE REGIONAL TRIAL COURTS

TO THE COURT OF APPEALS

@ )hat are the mo!es of appeal from RT% to the %A

A >ts either ?R:>3AR; APPEAL 1Rule 4(2 or PET>T>?3 B?R RE>E) 1Rule 4/2.

Rule 4( refers to an or!inary appeal from the RT% to the %A N yun notice of appeal. ere# the RT%

ren!ere! a !ecision pursuant to its ?R>I>3AL 8UR>+:>%T>?3.

Eto naman Rule 4/ 1Petition for re'iew2 is the mo!e of appeal from the RT% to the %A in cases

!eci!e! &y the RT% pursuant to its APPELLATE 8UR>+:>%T>?3. +o# the case here actually oriinate! in

the $T%# then it was appeale! to the RT% un!er Rule 40. An! now# from the RT%# you want to o to the

%A. ence# the mo!e of appeal is not 1Rule 4(2 3otice of Appeal &ut RULE 4/ N Petition for Re'iew.

Bor the first time# there is now a rule o'ernin petitions for re'iew from the RT% to the %A. Prior to

8uly (# (--D# there was none. Althouh there were ui!elines then N in "urispru!ence# !eci!e! cases an! +%

circulars.

Section ". How appeal taken; tie for filing. partydesiring to appeal from a decision of the Regional Trial ourtrendered in the eercise of its appellate jurisdiction may

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file a 'erified petition for re'iew with the ourt of ppeals,paying at the same time to the cler+ of said court thecorresponding doc+et and other lawful fees, depositing theamount of .00 for costs, and furnishing the Regional Trialourt and the ad'erse party with a copy of the petition. Thepetition shall e filed and ser'ed within fifteen !"#$ daysfrom notice of the decision sought to e re'iewed or of the

denial of petitioner7s motion for new trial or reconsiderationfiled in due time after judgment. pon proper motion and thepayment of the full amount of the doc+et and other lawful feesand the deposit for costs efore the epiration of thereglementary period, the ourt of ppeals may grant anadditional period of fifteen !"#$ days only within which tofile the petition for re'iew. )o further etension shall egranted ecept for the most compelling reason and in no caseto eceed fifteen !"#$ days. !n$

Un!er +ection (# a petition for re'iew un!er Rule 4/ must &e ER>B>E:.

@ )here will you file your petition for re'iew

A ;ou file it !irectly with the %A. :o not file it with the trial court.

>n Rule 4(# where the appeal is !eeme! perfecte! &y simply filin a notice of appeal# you file your notice

of appeal with the RT%. :o not file it with the %A. ut in Rule 4/# where the appeal is &y petition for

re'iew# you file your petition !irectly with the %A. :o not file it with the RT%.

3ot only that. ?f course# you ha'e to pay the !oc*et an! lawful fees plus P500 for costs. An! you must

furnish the RT% an! the a!'erse party with a copy of the petition. That is a new re

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+o the filin a motion for new trial or reconsi!eration in Rule 4/ !oes not only interrupt the runnin of

the perio! &ut it commences to run all o'er aain. Unli*e in Rule 4(# in or!inary appeal# where the filin of

the motion for reconsi!eration or new trial merely interrupts the runnin of the perio! to appeal. An! it

commences to run aain from the time you are notifie! that your motion is !enie!. +ee the !ifference

Actually# if you are not serious in your stu!y of appeal# you will not see these !istinctions. ;ou will "ust

assume that the principles un!er Rule 4( an! Rule 4/ are the same.

@ Un!er +ection (# is the (57!ay perio! to file petition for re'iew exten!i&le

A Un!er Rule 4(# the (57!ay perio! to file notice of appeal is not exten!i&le N no exceptions. ut in

Rule 4/# the (57!ay perio! to file petition for re'iew is EOTE3:>LE accor!in to the last sentence of

+ection (# pro'i!e! you pay your !oc*et an! other lawful fees# the %A will rant a!!itional (5 !ays within

which to file a petition for re'iew.

@ )here will you file your motion for extension of time to file petition for re'iew

A ;ou file your motion for extension to the %A. The %A itself will rant the extension.

@ ow many more !ays can the %A rant

A The %A may rant another (5 !ays an! no further extension can &e rante! eF#ept for the mostcompellin reasons. +o# oriinal extension is (5 !ays# an! a possi&le extension of (5 !ays total ,0 !ays.

These are technical points. An! how many appeale! cases ha'e &een !ismisse! simply &ecause these

finer pro'isions were not &een o&ser'e! &y lawyers > woul! say 60S of all appeals are !ismisse!. E'en in

:a'ao# ma"ority of petitions are !ismisse! &ecause na*ulanan n piso sa !oc*et fee# *arami. > presume

throuhout the country# the pattern is the same &ecause the rules on appeal are 'ery technical an! 'ery strict.

Thats why there are lawyers in $anila# e'en in :a'ao# who !o not want to han!le appeale! cases. They

only han!le cases in the trial court. Pa7a*yat na# nasa %A na# petition for certiorari# pasa na sa i&a.

ut there are also who ha'e mastere! the rules on appeal. Bor the purpose of specialiHation# trial phase

an! appeal phase. Bor purposes of the &ar# you ha'e to *now all the fiel!s in laws. ?nce you pass the &ar#!iyan na *ayo ma7isip *un ano an pipiliin ninyoGci'il# criminal# la&or# etc. ut for purposes of the &ar#

you cannot say !ito lan a*o ma7aral sa La&or# wa na sa %i'il Law. Pwe!e &a yan ;ou cannot !o that.

Faya na sa&i nila# the people who *now more a&out the law are those who ha'e "ust ta*en the &ar.

Sec. . /or and contents. The petition shall e filed inse'en !6$ legile copies, with the original copy intended forthe court eing indicated as such y the petitioner, and shall!a$ state the full names of the parties to the case, withoutimpleading the lower courts or judges thereof either as

petitioners or respondents: !$ indicate the specific materialdates showing that it was filed on time: !c$ set forthconcisely a statement of the matters in'ol'ed, the issuesraised, the specification of errors of fact or law, or oth,allegedly committed y the Regional Trial ourt, and thereasons or arguments relied upon for the allowance of theappeal: !d$ e accompanied y clearly legile duplicateoriginals or true copies of the judgments or final orders ofoth lower courts, certified correct y the cler+ of court ofthe Regional Trial ourt, the re*uisite numer of plain copiesthereof and of the pleadings and other material portions ofthe record as would support the allegations of the petition.

The petitioner shall also sumit together with the petitiona certification under oath that he has not theretoforecommenced any other action in'ol'ing the same issues in the

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Supreme ourt, the ourt of ppeals or different di'isionsthereof, or any other triunal or agency: if there is suchother action or proceeding, he must state the status of thesame: and if he should thereafter learn that a similar actionor proceeding has een filed or is pending efore the Supremeourt, the ourt of ppeals, or different di'isions thereof,or any other triunal or agency, he underta+es to promptly

inform the aforesaid courts and other triunal or agencythereof within fi'e !#$ days therefrom. !n$

Ta*e note of +ection /. :o not implea! the lower court or the "u!e &ecause nasanay na tayo na pati

yun "u!e nain !efen!ant or respon!ent na. )e only !o that in %ertiorari un!er Rule 65 in +pecial %i'il

Actions# &ut not on appeal. This is the influence of J'sti#e Beria &ecause he has penne! many cases whichhas inclu!e! the "u!e as !efen!ant or respon!ent. +o# he sai! that in the case of +GSS vs. A Au. /5#(-69# hence we can see his influence# sininit talaa niya iyan sa *aso na yon.

3ow# as to the form last pararaph9# there has to &e a %ertification of 3on7Borum +hoppin# failure to

comply with such woul! mean the !ismissal of the case.

ORT%) vs. COURT OF APPEALS2## SCRA 1/ !"##/$

FACTS The certification was not sine! &y the ?rtiHes &ut &y their lawyer who has personal*nowle!e of the fact an! conten!e! that it shoul! &e accepte! as su&stantial compliance with

the rules.

&EL' The certification was not proper. +trict o&ser'ance of the rule is ren thiscase# no explanation was i'en.

=Reretta&ly# )e fin! that su&stantial compliance will not suffice in a matter in'ol'in strict

compliance. The attestation containe! in the certification on non7forum shoppin re?3 hin!i &a *apa e$$%$ %f la*!apat sa +% yan in!i na !a!aan sa%A ow !o you reconcile this with the %onstitution Actually# when the law says de#isi%ns %f t"e RTappeala1le di$e#tl3 t% t"e S, it was !eci!e! pursuant to its oriinal "uris!iction. ut if it is !eci!e! pursuantto its appellate "uris!iction# the appeal shoul! &e to the %A e'en on pure

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+ection ,. >f you fail to comply with the re

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case including the oral and documentary e'idence withinfifteen !"#$ days from notice. !n$

@ 3ow# when is an appeal &y petition for re'iew !eeme! perfecte!

A +ection a9. +imilar to Rule 4(. The same principle

Sec. (. Perfection of appeal; effect thereof. !a$ pon the

timely filing of a petition for re'iew and the payment of thecorresponding doc+et and other lawful fees, the appeal isdeemed perfected as to the petitioner.

The Regional Trial ourt loses jurisdiction o'er the caseupon the perfection of the appeals filed in due time and theepiration of the time to appeal of the other parties.

n the meantime# > file! a motion for execution. The !efen!ant oppose!

on the roun! that a "u!ment cannot &e execute! !aw &ecause of a pen!in petition for re'iew. ut this is

un!er the +ummary Rules N e"ectment. This is an exception# so that will not apply.

Sec. 9. $u!ission for decision. f the petition is gi'endue course, the ourt of ppeals may set the case for oralargument or re*uire the parties to sumit memoranda within a

period of fifteen !"#$ days from notice. The case shall edeemed sumitted for decision upon the filing of the lastpleading or memorandum re*uired y these Rules or y the courtitself. !n$

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7o?o7

Rule 43

APPEALS FROM THE COURT OF TAX APPEALS AND

QUASI-JUDICIAL AGENCIES TO THE COURT OF APPEALS

Let us now o to Rule 4, which o'erns Appeals from the %ourt of Tax Appeals an! @uasi78u!icial

Aencies to the %ourt of Appeals. Ta*e note that un!er +ection - of P (/-# the %A has the exclusi'e

appellate "uris!iction to re'iew !ecisions of all RT% an! K'asiJ'di#ial B%dies# an! Rule 4, is theo'ernin rule on appeals from t is Re'ise! A!ministrati'e %ircular 3o. (7-5#

which was promulate! on 8anuary (# (--5. 3ow it is Rule 4, N the circular was actually n 8uly (-D !urin the term of %ory An'estment %o!e of (-D where

pro'isions from the ol! co!e were merely lifte!. An! amon those inclu!e! is the pro'ision on

appeals from the ?> where you o !irectly to the +%.

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The position of Lepanto is# the new law 1E.?. 3o. //62 has mo!ifie! P (/- &ecause the ol!

law was mo!ifie! &y P (/-. An! since this is a new law# &inali* na naman an appeal sa +%. +o

na mo!ify an P (/-.

&EL' 3?. Lepanto is wron &ecause when %ory A

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pon the filing of the petition, the petitioner shall pay tothe cler+ of court of the ourt of ppeals the doc+eting andother lawful fees and deposit the sum of .00 for costs.>emption from payment of doc+eting and other lawful fees andthe deposit for costs may e granted y the ourt of ppealsupon a 'erified motion setting forth 'alid grounds therefor.f the ourt of ppeals denies the motion, the petitioner

shall pay the doc+eting and other lawful fees and deposit forcosts within fifteen !"#$ days from notice of the denial. !n$

Sec. 5. Contents of the petition. The petition for re'iewshall !a$ state the full names of the parties to the case,without impleading the court or agencies either as petitionersor respondents: !$ contain a concise statement of the factsand issues in'ol'ed and the grounds relied upon for there'iew: !c$ e accompanied y a clearly legile duplicateoriginal or a certified true copy of the award, judgment,final order or resolution appealed from, together with

certified true copies of such material portions of the recordreferred to therein and other supporting papers: and !d$contain a sworn certification against forum shopping aspro'ided in the last paragraph of section , Rule 4. Thepetition shall state the specific material dates showing thatit was filed within the period fied herein. !a$

Sec. 6. )ffect of failure to coply with re0uireents. Thefailure of the petitioner to comply with any of the foregoingre*uirements regarding the payment of the doc+et and otherlawful fees, the deposit for costs, proof of ser'ice of the

petition, and the contents of and the documents which shouldaccompany the petition shall e sufficient ground for thedismissal thereof. !n$

Sec. (. Action on the petition. The ourt of ppeals mayre*uire the respondent to file a comment on the petition, nota motion to dismiss, within ten !"0$ days from notice, ordismiss the petition if it finds the same to e patentlywithout merit, prosecuted manifestly for delay, or that the*uestions raised therein are too unsustantial to re*uireconsideration. !5a$

Sec. 9. Contents of coent. The comment shall e filedwithin ten !"0$ days from notice in se'en !6$ legile copiesand