Professional Documents
Culture Documents
POST Judgment Remedies
POST Judgment Remedies
MOTION OFR NEW TRIAL AND RECONSIDERATION When record on appeal is required, appeal is taken by
filing a notice of appeal and the record of appeal; and the
(RULE 37) appeal is perfected upon the approval of the record on
appeal.
What is a MOTION FOR NEW TRIAL?
Within the period for taking an appeal, the aggrieved party may
move the trial court to set aside the judgment or final order and EXCUSABLE NEGLIGENCE
grant a new trial for one or more of the following causes
Negligence is excusable where it is caused:
materially affecting the substantial rights of said party:
→ By failure to receive notice of the action or trial
a) Fraud, accident, mistake or excusable negligence which
ordinary prudence could not have guarded against and by → By a genuine and excusable mistake or miscalculation
reason of which such aggrieved party has probably been
impaired in his rights; or → By reliance upon assurance given by those upon whom
the party had a right to depend
b) Newly discovered evidence, which he could not with
reasonable diligence, have discovered and produced at → By relying on another person to attend the case for him,
the trial, and which if presented would probably alter the when such other person promised to do so or was
result. chargeable with that duty
As a rule, MISTAKE OF COUNSEL BINDS THE CLIENT. The only The PURPOSE of a motion for reconsideration is to point out
exception would be, where observance of it would result in the findings and conclusions of the decision which, in the
outright deprivation of the client’s liberty or property, or where movant’s view, are not supported by law or evidence.
the interest of justice so requires.
While the Rules of Court allows the introduction by parties of Habaluyas Enterprises Inc. vs Japson
newly-discovered evidence, as in the motions for new trial under
Rule 37, these are not to be presented for the first time during Motion for Extension of time to file Motion for
an appeal. Reconsideration does NOT TOLL the 15-day period to
appeal. However, the rule may be suspended where the
Under the Rules of Court, the requisites for newly lawyer’s negligence is without any participatory negligence
discovered evidence are: on the part of the petitioner.
a) The evidence was discovered after trial
b) Such evidence could not have been discovered and Jonsay vs Solidbank Corp.
produced at the trial with reasonable diligence
The filing of a motion for reconsideration or new trial
c) It is material,corroborative or impeaching, and is of such interrupts or suspends the running of the period to appeal,
that, if admitted, will probably change the judgment. and prevents the finality of the decision or order from
setting in.
SECTION 1 (2nd Par). GROUNDS OF AND PERIOD FOR FILING A motion for reconsideration allows the adjudicator
MOTION FOR RECONSIDERATION or judge to take a second opportunity to review the case
and to grapple anew with the issues therein, and to decide
Within the same period, the aggrieved party may also move for again a question previously raised.
reconsideration upon the grounds:
No legal proscription imposed against the deciding
that the damages awarded are excessive, body adopting new position contrary to one it had
previously taken.
that the evidence is insufficient to justify the decision or
final order, or
that the decision or final order is contrary to law. SEC. 2. CONTENTS of MOTION FOR NEW TRIAL or
RECONSIDERATION and notice thereof.— The motion shall
be:
1) made in writing
A motion for the cause mentioned in paragraph (b) (newly Gonzalez vs COMELEC
discovered evidence) shall be:
Elements of pro forma motion for reconsideration:
a) supported by AFFIDAVITS OF THE WITNESSES by whom
such evidence is expected to be given, or 1) It was a second motion for reconsideration, or
b) by duly AUTHENTICATED DOCUMENTS which are 2) It did not comply with the rule that the motion must
proposed to be introduced in evidence. specify the findings and conclusions alleged to be
contrary to law or not supported by the evidence, or
2) the action shall stand for trial de novo; but SEC. 8. EFFECT OF ORDER FOR PARTIAL NEW TRIAL. —
When less than all of the issues are ordered retried, the
3) the recorded evidence taken upon the former trial, in so court may either:
far as the same is material and competent to establish the
issues, shall be used at the new trial without retaking the 1) enter a judgment or final order as to the rest, or
same.
2) stay the enforcement of such judgment or final order
until after the new trial.
A MOTION FOR NEW TRIAL shall include all grounds then SEC. 9. REMEDY AGAINST ORDER DENYING A MOTION FOR
available and those not so included shall be deemed waived. NEW TRIAL OR RECONSIDERATION.—
→ YES. A motion for new trial shall include all grounds then
available and those not so included shall be deemed waived.
APPEAL IN GENERAL
What is an APPEAL?
SEC. 7. PARTIAL NEW TRIAL OR RECONSIDERATION. — → A civil law procedure whose office is to remove the
entire cause and subjects the transcript to a scrutiny of
If the grounds for a motion under this Rule appear to the court fact and law and is in substance a new trial.
to affect the issues as to:
only a part, or
When can an appeal be TAKEN?
less than all of the matter in controversy, or
→ An appeal may be taken from a judgment or final order
only one, or that completely disposes of the case, or of a particular
matter therein when declared by the rules to be
less than all, of the parties to it,
appealable.
Zamboanga Forest vs New Pacific Forest
Administrative Case against erring Judges is NOT a Remedy if → Party cannot change the theory of his case on appeal.
APPEAL is AVAILABLE.
MODES OF APPEAL (RULE 40-45) NO motion for extension of time to file a motion for new
1st mode: ORDINARY APPEAL under Rule 41 trial or reconsideration shall be allowed.
3rd mode: APPEAL BY CERTIORARI under Rule 45 → This is to standardize the appeal periods provided in
the Rules and to afford litigants fair opportunity to
→ Brought to the SC appeal their cases.
SECTION 1. WHERE TO APPEAL.— The appeal from a decision of the Provincial Adjudicator
to the Department of Agrarian Reform Adjudication
An appeal from a judgment or final order of a Municipal Trial Board (DARAB) as provided in the 2003 DARAB Rules of
Court may be taken to the REGIONAL TRIAL COURT exercising Procedure, is not judicial but administrative in nature. As
jurisdiction over the area to which the former pertains. such, the Fresh Period Rule finds NO APPLICATION
therein.
Duarte vs Duran A party’s appeal by notice of appeal is deemed
perfected as to him upon — the FILING of the notice of
→ Litigants must be given a fresh period of 15 days within appeal in due time.
which to appeal counted from receipt of the order
dismissing a motion for a new trial or motion for A party’s appeal by record on appeal is deemed
reconsideration under Rule 40, 41, 42, 43 and 45 of the perfected as to him with respect to the subject matter
Rules of Court. thereof upon — the APPROVAL of the record on appeal
filed in due time.
2) A RECORD ON APPEAL shall be required only in special In either case, prior to the transmittal of the original
proceedings and in other cases of multiple or separate record or the record on appeal, the court may issue:
appeals.
1) orders for the protection and preservation of the
rights of the parties which do not involve any
matter litigated by the appeal
The form and contents of the record on appeal shall be as
provided in section 6, Rule 41. 2) approve compromises,
Copies of the notice of appeal, and the record on appeal 4) order execution pending appeal in accordance with
where required, shall be SERVED on the ADVERSE PARTY. section 2 of Rule 39, and
c) Upon the filing of the memorandum of the appellee or the When appeal may be taken? Orders NOT APPEALABLE?
expiration of the period to do so,
SEC. 8. APPEAL FROM ORDERS DISMISSING CASE WITHOUT NO APPEAL may be taken from:
TRIAL; LACK OF JURISDICTION.—
a) An order denying a motion for new trial or
If an appeal is taken from an order of the lower court reconsideration;
dismissing the case WITHOUT a TRIAL ON THE MERITS,
b) An order denying a petition for relief or any similar
→ the Regional Trial Court may AFFIRM or REVERSE it, as motion seeking relief from judgment;
the case may be.
c) An interlocutory order;
In case of affirmance and the ground of dismissal is lack
of jurisdiction over the subject matter, d) An order disallowing or dismissing an appeal;
→ the Regional Trial Court, if it has jurisdiction e) An order denying a motion to set aside a judgment by
thereover, shall try the case on the merits as if the consent, confession or compromise on the ground of
case was originally filed with it. fraud, mistake or duress, or any other ground vitiating
consent;
In case of reversal,
f) An order of execution;
→ the case shall be REMANDED for further
proceedings. 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
If the case was tried on the merits by the lower court appeal therefrom; and
WITHOUT JURISDICTION OVER THE SUBJECT MATTER,
h) An order dismissing an action without prejudice.
→ the Regional Trial Court on appeal shall not dismiss the
case if it has original jurisdiction thereof,
→ but shall decide the case in accordance with the In all the above instances where the judgment or final
preceding section, without prejudice to the admission of order is NOT APPEALABLE, the aggrieved party may file
amended pleadings and additional evidence in the an appropriate SPECIAL CIVIL ACTION under Rule 65.
interest of justice.
Supreme Court by PETITION FOR REVIEW ON
CERTIORARI in accordance with Rule 45.
Abadilla Jr vs Sps. Obrero
No record on appeal shall be required EXCEPT in special SEC. 3. PERIOD OF ORDINARY APPEAL.— The appeal shall
proceedings and other cases of multiple or separate be taken:
appeals where the law or these Rules so require.
within fifteen (15) days from notice of the judgment
In such cases, the record on appeal shall be filed and or final order appealed from.
served in .like manner.
Where a record on appeal is required, the appellant
shall file a notice of appeal and a record on appeal
within thirty (30) days from notice of the judgment
b) Petition for review.— The appeal to the Court of Appeals in
or final order.
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. The period of appeal shall be INTERRUPTED by a timely
motion for new trial or reconsideration.
→ The payment of the full amount of the docket fee is an 8) Every record on appeal exceeding twenty (20) pages
indispensable step for the perfection of an appeal. must contain a subject index.
APPROVE it as presented or
SEC. 5. NOTICE OF APPEAL.— The notice of appeal shall:
upon its own motion or at the instance of the
indicate the parties to the appeal, appellee, may direct its AMENDMENT by the
inclusion of any omitted matters which are deemed
specify the judgment or final order or part thereof appealed essential to the determination of the issue of law or
from, fact involved in the appeal.
specify the court to which the appeal is being taken, and
state the material dates showing the timeliness of the If the trial court orders the AMENDMENT of the record,
appeal. 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
SEC. 6. RECORD ON APPEAL; FORM AND CONTENTS receipt thereof, shall:
THEREOF.—
redraft the record by including therein, in their
1) The full names of all the parties to the proceedings shall be proper chronological sequence, such additional
stated in the caption of the record on appeal and matters as the court may have directed him to
incorporate, and
2) it shall include the judgment or final order from which the
appeal is taken and, shall thereupon submit the redrafted record for
approval, upon notice to the appellee, in like
3) in chronological order, copies of only such pleadings, manner as the original draft.
petitions, motions and all interlocutory orders as are related
SEC. 8. JOINT RECORD ON APPEAL.— Where both parties are copies of the judgments or final orders of both lower
appellants, they may FILE A JOINT RECORD ON APPEAL within courts, certified correct by the clerk of court of the
the time fixed by section 3 of this Rule, or that fixed by the Regional Trial Court, the requisite number of plain copies
court. thereof and of the pleadings and other material portions
of the record as would support the allegations of the
petition.The petitioner shall also submit together with the
SEC. 13. DISMISSAL OF APPEAL.— petition a certification under oath that he has not
theretofore commenced any other action involving the
Prior to the transmittal of the original record or the record on same issues in the Supreme Court, the Court of Appeals or
appeal to the appellate court, different divisions thereof, or any other tribunal or agency;
if there is such other action or proceeding, he must state
→ the trial court may MOTU PROPRIO or on MOTION the status of the same; and if he should thereafter learn
dismiss the appeal for having been TAKEN OUT OF TIME. that a similar action or proceeding has been filed or is
pending before the Supreme Court, the Court of Appeals,
or different divisions thereof, or any other tribunal or
agency, he undertakes to promptly inform the aforesaid
courts and other tribunal or agency thereof within five (5)
days therefrom. (n)
(RULE 42)
UNLESS otherwise directed by the court, the number of court UNLESS otherwise directed by the court, the number of
bond papers that a party is required or desired to file shall be court bond papers that a party is required or desired to
as follows: file shall be as follows:
b) In the CA and Sandiganbayan, 1 original (properly b) In the CA and Sandiganbayan, 1 original (properly
marked) and 2 copies with their annexes. marked) and 2 copies with their annexes.
A copy thereof shall be served on the petitioner. 4) order execution pending appeal in accordance with
section 2 of Rule 39, and
Except in civil cases decided under the Rule on Summary Civil Aeronautics Board, Bureau of Patents,
Procedure, Trademarks and Technology Transfer,
→ the appeal shall STAY the judgment or final order National Electrification Administration,
→ UNLESS the Court of Appeals, the law, or these Rules Energy Regulatory Board,
shall provide otherwise. (Effect of perfection)
National Telecommunications Commission,
If the petition is given due course, the Court of Appeals may: Government Service Insurance System,
3) The case shall be deemed submitted for decision upon Philippine Atomic Energy Commission,
the filing of the last pleading or memorandum required
Board of Investments,
by these Rules or by the court itself.
Construction Industry Arbitration Commission, and
Office of the President, SEC. 3. WHERE TO APPEAL. — An appeal under this Rule
taken to the COURT OF APPEALS within the period and in
Land Registration Authority, the manner herein provided, whether the appeal involves
questions of fact, of law, or mixed questions of fact and law. → GRANTED by the Court of Appeals upon a VERIFIED
MOTION setting forth valid grounds therefor.
from the date of its last publication, if publication is SEC. 6. CONTENTS OF THE PETITION.— The petition for
required by law for its effectivity, or review shall
of the denial of petitioner’s motion for new trial or a) state the full names of the parties to the case,
reconsideration duly filed in accordance with the without impleading the court or agencies either as
governing law of the court or agency a quo. petitioners or respondents;
1) filing a verified petition for review in seven (7) legible SEC.5, AM 11-9-4: EFFICIENT USE OF PAPER RULE
copies with the Court of Appeals,
UNLESS otherwise directed by the court, the number of
2) with proof of service of a copy thereof on the adverse court bond papers that a party is required or desired to
party and on the court or agency a quo. file shall be as follows:
3) The original copy of the petition intended for the Court b) In the CA and Sandiganbayan, 1 original (properly
of Appeals shall be indicated as such by the petitioner. marked) and 2 copies with their annexes.
Upon the filing of the petition, the petitioner shall: (Duty of the SEC. 7. EFFECT OF FAILURE TO COMPLY WITH
Petitioner)
REQUIREMENTS.— The failure of the petitioner to comply
pay to the clerk of court of the Court of Appeals the with any of the foregoing requirements regarding:
docketing and other lawful fees and
the payment of the docket and other lawful fees,
deposit the sum of P500.00 for costs.
the deposit for costs,
Constitutional Basis:
SEC 5, ART VIII, par. 2: provides the power of the SC to review by law, may file with the Supreme Court a verified
cases decided by the lower courts. petition for review on certiorari.
it must not involve an Once it is clear that the issue Alta Vista vs City of Cebu
examination of the probative invites a review of the
value of the evidence evidence presented RTC judgment on pure questions of law may be
presented by the litigants. DIRECTLY APPEALED to the SC via Petition for Review
on Certiorari.
e) All cases in which only an error or question of law c) when there is grave abuse of discretion;
is involved.”
d) when the judgment is based on a misapprehension of facts;
→ shall be sufficient ground for the DISMISSAL thereof. SEC. 8. DUE COURSE; ELEVATION OF RECORDS. — If the
petition is given due course, the Supreme Court may
require the ELEVATION of the complete record of the
The Supreme Court may on its OWN INITIATIVE: case or specified parts thereof within fifteen (15) days
from notice.
DENY the petition on the ground that the
a) When the court a quo has decided a question of → A legal remedy whereby a party seeks to set aside a
substance, not theretofore determined by the Supreme judgment rendered against him by a court whenever
Court, or has decided it in a way probably not in accord he was unjustly deprived of hearing or was prevented
with law or with the applicable decisions of the from taking an appeal because of
Supreme Court; or
EXCUSABLE NEGLIGENCE as a ground for a petition for relief SEC. 2. PETITION FOR RELIEF from DENIAL OF APPEAL. —
requires that the negligence be so GROSS "that ordinary When a judgment or final order is rendered by any court
diligence and prudence could not have guarded against it." in a case, and a party thereto, by fraud, accident, mistake,
This excusable negligence must also be imputable to the or excusable negligence, has been prevented from taking
party-litigant and not to his or her counsel whose negligence an appeal, he may file a petition in such court and in the
binds his or her client. same case praying that the appeal be given due course.