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Pointers On Appellate Practice Procedure by Prof. Manuel Riguera PDF
Pointers On Appellate Practice Procedure by Prof. Manuel Riguera PDF
POINTERS ON APPELLATE
PRACTICE & PROCEDURE
Prescription
Unenforceaility under the statute of fraud
Res Judicata
The claim has been paid, abandoned, or otherwise extinguished
Dismissal without prejudice
• An order granting a motion to dismiss or
an affirmative defense on a ground other
than PURE shall not bar the refiling of
the same action or claim. (See S13 R15).
Other cases of
“dismissal without prejudice”
• 1. S5 R7 (violation of rule on CFS) Remedy r65
2. S1 R17 dismissal upon initiative of plaintiff. normally di na
mag aappeal plaintiff dito
3. S2 R17
4. S3 R17* (dismissal due to
plaintiff’s fault)
5. S5 R18* (dismissal during pretrial)
Originally, these are with prejudice pag silent si court. but the court may include
in its order that they are WITHOUT prejudice.
*Kapg court is silent, dismissal is with prejudice so appeal ang remedy
• R65 is remedy from order dismissing case
on ground of improper venue and
violation of S5 R7. This is because the
dismissal is without prejudice not being
under S1(f)(h) & (i) [PURE] of R16.
(United Alloy Phils. v. UCPB, 23 Nov 2015,
Del Castillo, J.).
Case
• 1. P v. D in RTC, partition.
2. D filed answer raising R, C, C, and CFS.
Resjudicata, Lack of Cause of Action etc.
3. RTC dismissed based on said grounds.
4. P filed MR. Denied. P filed R65 with
CA which dismissed for being improper
remedy.
Was CA correct?
Appeal
• Yes. Where one of the grounds of
_______________________________
appeal
__________
and not R65. (Heirs of Malit v.
Heirs of Malit, 28 April 2021, Inting, J.).
R65 where no appeal
• Judgment declaring presumptive death
under Article 41 of the Family Code is
immediately final and executory and
cannot be appealed; the remedy of the
aggrieved party is a special civil action for
certiorari under R65. (Republic v. Cantor,
10 December 2013).
pag summary proceeding kasi, immediately executory na so no appeal na.
R65 is the remedy
• A prior motion for reconsideration of a
judgment declaring presumptive death is
not a condition precedent for a R65
petition. The reason is that the
judgment is immediately final and
executory per Art. 247 of the Family
Code. (Republic v. Catubag, 18 April
2018, Reyes, J.).
• Small-claims decision may be assailed by
a special civil action for certiorari under
R65. (A.L. Ang Network, Inc. v Mondejar,
22 January 2014).
Rule 65
• Remedy from order dismissing a case for
failure to state a cause of action is R65,
since the dismissal is without prejudice.
(Sadhwani v. Sadhwani, 14 Aug 2019,
Caguioa, J.).
• Remedy from order dismissing a case for
lack of subject matter jurisdiction is R65,
since the dismissal is without prejudice.
(Soller v. Singson, 3 February 2020,
Reyes, J.).
• Order granting or denying a petition
from relief is not appealable.
(Regalado).
Doctrine of finality/
immutability of judgment
• Once a judgment has become final and
executory or final and unappealable, it
can no longer be modified, even if the
modification is to correct an error of fact
or law, and whether it be made by the
court that rendered it or by the SC.
• A judgment or final order becomes F&E or
F&U if no appeal within reglementary period
or if appeal finally resolved. (See S1 R39).
Purposes of the doctrine
• (a) to avoid delay in the administration of
justice; and (b) to put an end to judicial
controversies, at the risk of occasional
errors.
Exceptions (CASS)
• 1. CLERICAL ERRORS OR OMISSIONS.
2. TO CLARIFY AN AMBIGUITY IN THE
Must be clarified by the body of the decision
DISPOSITIVE PORTION.not by other document
1. MTC no trial on the merits. RTC will try the case on the merits
as if it was filed originally on it
Here, since may trial on the merits, idedecide nya yung case base on the facts of the MTC but additional facts may be admitted
GN:If the court of origin (MTC) has no jurisdiction over the case, then the
appeal itself is also dismissible.
XPN: S8 R40
• RULE 41. Appeal from RTC (original
jurisdiction).
What may be appealed
• An appeal may be taken only from a:
1. Judgment.
2. Final order that completely disposes of
the case.
3. Particular matter in the case when
declared by the Rules to be appealable.
(S1 R41).
• In an extrajudicial foreclosure sale, the
issuance of the writ of possession to the
purchaser after consolidation is
ministerial. The order for the issuance of
the writ being final, appeal is the proper
remedy. (BPI v. Co, 9 Nov 2015, Jardeleza,
J.).
• A court order denying a motion for the
issuance of a writ of possession is in the
nature of a final order and thus
appealable. (Nuque v. Aquino, 8 July
2015, Peralta, J.).
• The order dismissing the petition for
extrajudicial foreclosure is not
appealable. The remedy is a petition
for mandamus. (First Marbella
Condominium Association, Inc. v.
Gatmaytan, 557 SCRA 155 [2008])
• Order denying motion for leave to file
third-party complaint is appealable. (Vda.
de Dios v. Balagot, 20 SCRA 950).
• An order denying a motion for leave to
intervene may be appealed. (Foster-
Gallego v. Spouses Galang, G.R. No.
130228, 27 July 2004).
Case re several judgment
WAG NA ITO KASI NAOVERTURN NA NG IBANG RULINGS
MTD
1. Appeal is patently without merit
2. Appeal is manifestly dilatory
3. The issues raised are TURC
Too Unsubstantial to Require Consideration
Heirs of Garcia v Iba, Zambales
• 1. MTC refused to give due course to
Defendant’s appeal.
2. Defendant files R65 certiorari with
Original jurisdiction itong R65 ee kaya dapat R41
RTC.
3. RTC rules in favor of Defendant.
4. Plaintiff appeals by R42 to CA which
dismissed appeal for being improper
remedy.
• Dismissal was correct. An appeal from an
RTC decision in a R65 case should be by
way of R41 (ordinary appeal) and not by
R42 (petition for review). (Heirs of
Garcia v. Mun. of Iba, Zambales, 22 July
2015, Bersamin, J.).
Appeal from Special Agrarian Court
XPN to the General Rule
An appeal from the decision of the RTC,
sitting as a Special Agrarian Court, is
made by way of Rule 42 and not Rule 41,
pursuant to Section 60 of R.A. No. 6657
or the CARL. (Landbank v. CA, 11 April
2011).
• RULE 43. Appeal from quasi-
judicial bodies. See list of Quasi Judicial Body in R43
Basis is Sec. 9 of BP Blg. 129.
MTD
15-15-15 (mcr) Same with RTC and CA may dismiss on the ground of MTD
• Appeal from a decision or final order of a
special commercial court rendered in a
civil case covered by the 2020 IPR Rules
is taken to the CA by way of R43. (S2 R9).
XPN na ang RTC is R41/R42 ang remedy. Kasi sabi ng law eh. hehe
R43
• The OP’s cancellation and/or revocation
of a mining firm’s FTAA is purely ________
Was OP exercising Quasi Judicial Authority? If It is purely Administrative, hindi pwede ang R43
Administrative Function of DENR Secretary because granting a license is a function
of the DENR secretary and it is not like it is passing a resolution on a dispute between
parties
3. Reprimand.
4. Suspension >/ 1 month.
5. Fine >/ 1 month’s salary.
R19
• OMB has right to intervene in appeals
from its rulings in administrative cases
before rendition of judgment by CA.
(OMB v Bongais, 23 July 2018, Perlas-
Bernabe, J.).
• JuNR FIRM
Jurisdiction Reglementary Period
45 - SC Only 45 - 15 days
65 - Concurrent 65 - 60 days
Sa rule on pretermition, kapag mag aadd ka ng days of extension, icompute mo sa original last day
kahit pa holiday or saturday iyon. Pero kapag nanghingi ka ng extension,
pwede mo ifile sa next working day (Part 3C ng lecture ni riguerra)
Pates v COMELEC, 30 June 2009
• 1. 4 Feb. Petitioner received reso of
COMELEC’s 1st Division.
2. 8 Feb. Petitioner filed MR of reso which
was elevated to COMELEC en banc.
3. 22 Sep. Petitioner received reso of
COMELEC en banc denying MR.
4. 22 Oct. Petitioner filed R64 with SC.
Dapat naiapply to ng ON OR BEFORE OCT. 19
R51. Judgment
• What errors may be passed upon on
appeal? (S8 R51)
GR: Only those assigned as error or
closely related to or dependent on an
assigned error.
Exc: JV PC
1. Error affets subject matter jurisdiction or validity of judgement
2. Plain errors or clerical errors
Harmless error rule
• The rule that the appellate court should
not reverse a judgment as a result of any
error or defect which does not affect the
substantial rights of the parties. (See S6
R51). >
e.g. Objection to the leading question and court overruled kasi you can still cross examine naman
the plaintiff and it did not affect the substantial rights of the party
Reversible error
• One that is sufficiently serious or
grave to prejudice the substantial
rights of the appellant. (Bersamin
362).
Do not use Grave Abuse of Discretion (GAD) in appeal. It is only used in Certiorari.
You can allege GAD in appeal but it is not the proper benchmark.
The proper benchmark is to prove reversible error
E.g. Order of the court denying admission to a document that is vital to their case
• DISMISSAL, REINSTATEMENT, &
WITHDRAWAL OF APPEAL
• Q How shall the Court of Appeals treat
an improper appeal?
• An appeal under R41 taken from the RTC
to the CA raising only legal questions
shall be dismissed.
An appeal by NOA instead of a PFR
from the appellate judgment of the RTC
shall be dismissed. >
No Transfer Rule
• An appeal erroneously taken to the CA
shall not be transferred to the
appropriate court but shall be dismissed
outright. (S2 R50).
Reinstatement of Appeal
• If an appeal has been dismissed, the
appellate court retains the power or
discretion to reinstate it for good cause.
This power is implied from the power to
dismiss the appeal. (B.R. Sebastian v. CA,
206 SCRA 28, [1992]; cited in LUCAS P.
BERSAMIN, APPEAL & REVIEW IN THE
PHILIPPINES 251 [2000]).
Of course once the dismissal order
becomes final, the appellate court can no
longer reinstate the appeal.
• Q May an appeal be withdrawn?
A Yes. An appeal may be
withdrawn as of right at any time before
the filing of the appellee’s brief. As a matter of right ito
Thereafter, the withdrawal may be allowed
in the discretion of the court.
ito as a matter of discretion
• POST-JUDGMENT REMEDIES
OTHER THAN APPEAL
• RULE 38. PETITION FOR RELIEF
GROUNDS
• 1. FAME + good & substantial COA or
Cause of Action
defense
Hindi sapat ang FAME. Dapat may COA din