Notes on Civil Procedure by Lawrence Villamar

Source: Revised Rules of Procedure Annotated (sto!ia" #$%&'

Rule 45
Appeal by certiorari/Petition for Review on Certiorari
()R *+L,: Su!reme Court
*R-.: /ud0ment1final order1resolution of:
Court of A!!eals
Sandi0anbayan
R2C
-t3er courts aut3ori4ed by law
.ust be verified and must raise only 5uestions of law
A..N,.N2: Petitioner may see6 t3e same !rovisional remedies by verified motion filed
in t3e same action or !roceedin0 at any time durin0 !endency (A. No 7878%#8SC ,ecember
9" #$$7'
A!!eal by certiorari is limited only to errors of law: ;ce!tions:
conclusion is t3e findinf 0rounded entirely on s!eculation" surmise" and con<ecture
t3e inference made is manifestly mista6en
t3ere is 0rave abuse of discretion
t3e <ud0ment is based on misa!!re3ension of facts
t3e findin0s of fact are conflictin0
t3e CA went beyond t3e issues of t3e case1findin0 are contrary to admission by t3e !arties
findin0s of t3e CA are contrary to t3e findin0s of trial court
t3e findin0s of t3e fact are conclusions wit3out citation of s!ecific evidences on w3ic3 t3ey
are based
facts set fourt3 in t3e !etition are not dis!uted by res!ondents
findin0s of fact by t3e CA are !remised on su!!osed absence of evidence and contradicted
by evidenc eon record
*actual findin0s of labor arbiter w3en affirmed by NLRC and CA are bindin0 to t3e Su!reme
Court: *indin0s of fact of CA affirmin0 t3ose of t3e trial court are accorded 0reat res!ect by t3e
Su!reme Court:
Rule 9= is not t3e !ro!er remedy to interlocutory orders of t3e Court of A!!eals (only to a!!eal
findal <ud0ments': -nly <ud0ments or final orders t3at com!letely dis!ose of t3e case can be
sub<ect of an a!!eal by certiorari under Rule 9=
Petition for review on certiorari under Rule 9= is NOT t3e !ro!er remedy for defendant
declared in default (Rule 9% Sec # !ara &'
Distinction between Rule 45 and Rule 65
Rule 65 Rule 45
>rave Abuse of ,iscretion is t3e !ro!er issue >rave Abuse of ,iscretion is not t3e !ro!er issue
+ssue involves reversible errors of law" if any
Rule 65 is t3e !ro!er remedy to 5uestion an im!rovident order 0rantin0 e;ecution !endin0
a!!eal
?nder Rule 9=" !etitioner may only raise 5uestions of law: 23e Su!reme Court is not a trier of
Notes on Civil Procedure by Lawrence Villamar
Source: Revised Rules of Procedure Annotated (sto!ia" #$%&'
facts (sub<ect to e;ce!tions enumerated above':
23e Su!reme Court 3as ori0inal <urisdiction over !etition for certiorari" !ro3ibition" and
mandamus under Rule 65
Petition for review on certiorari (under Rule 9=' s3ould only be filed wit3 t3e CA in as muc3 as
t3e a!!eallate court 3as e;clusive <urisdiction over 5uasi <udicial a0ency (li6e t3e NLRC' unless
ot3erwise !rovided by law or t3e Rules:
Rule @= is !ro!er only w3en t3ere is no !lain" s!eedy" ade5uate remedy in t3e cours eof law:
A remedy is suc3 if it will !rom!tl relieve t3e !etitioner from t3e in<urious effects of <ud0ment
and acts of t3e lower court or a0ency (Nautica vs Aumul #$$='
Petition filed under Rule @= may be treated as filed under Rule 9= is it is filed wit3in t3e
!rescribed !eriod and t3ere are s!ecial circumstances alle0ed t3erein:
.odification made by t3e Su!reme Court to t3e <ud0ment of Court of A!!eals must o!erate
a0ainst !arty w3o did not a!!eal: !"ception (3en t3e ri03ts and liability of defendants are so
interwowen and inse!erable e:0: solidary (C3an vs +NC #$$='
Certitorari will not lie unless a motion for reconsideration is filed: !"ceptions
order is !atent nullity e:0: court 3as no <urisdiction
5uestions in certiorari 3as been duly raised and !assed by lower court1same as t3ose raised
and !assed by lower court
ur0ent necessity for resolution and furt3er delay wuld !re<udice t3e interest of 0overnment
sub<ect matter is !eris3able
.R is useless
Petitioner was de!rived of due !rocess1e;treme ur0ency of relief
+n criminal case" releief from an order of arrest is ur0ent10rantin0 of trial court is im!robable
Proceedin0 of lower court are a nullity due to lac6 of due !rocess
Proceedin0s was e; !arte
(3ere issue is one !urely of law
(3ere !ublic interest is involved
#inal orders vs final and e"ecutory order
#inal orders #inal and e"ecutory order
-ne t3at finally dis!oses of a case" leavin0
not3in0 more for t3e court to do1ad<udication on
t3e merits1res <udicata1!rescri!tion
*inal <ud0ment u!on e;!iration of t3e !eriod to
a!!eal t3erefrom1no a!!eal was !erfected
;ecution issues as a matter of ri03t
23e !ro!er remedy from CA decusuib us a !etition for review on certiorari under Rule 9=
A writ of certiorari (under Rule @=' is of t3e 3i03est utility and im!ortance for curbin0
e;cessive <urisdiction and correctin0 errors and mist essential to t3e safety of t3e !eo!le and t3e
!ublic welfare: +ts a!!ro!riate function is to relieve a00rieved !arties from t3e in<ustice arisin0
from errors of law committed in !roceedin0 affectin0 <usticiable ri03ts w3en no to3er means for
an ade5uate and s!eedy relief is o!en:
23e Su!reme Court can not revuew factual findin0s on a!!eal" es!ecially w3en t3ey are borne
out of records or are based on substantial evidence:
T$%! O# #$&$N': %= days from notice of t3e <ud0ment or final order or resolution a!!ealed
frin or denial of t3e !etitionerBs motion of new trial or reconsideration: .ay be e;tended to &$
Notes on Civil Procedure by Lawrence Villamar
Source: Revised Rules of Procedure Annotated (sto!ia" #$%&'
days wit3 <ustifiable reasons" and on motion duly filed" and served" wit3 full !ayment of doc6et
and ot3er lawful fees and de!osit for costs vefore e;!ireation of re0lementary !eriod: +f not
filed wit3in !eriod" decision of CA becomes final and e;ecutory and !etition for review under
Rule 9= may be !ro!erly outri03tly dismissed due to correlative ri03t oof winner to en<oy t3e
finality of t3e decision:
*ailure to im!lead lower court does not automaticallu mean t3e dismissal of t3e a!!eal" but it
aut3ori4es t3e dismissal of t3e !etition:
Review is not a matter if ri03t but of sound <udicial discretion (Sec: @ Rule 9='
?!on filin0 of !etition" t3e Su!reme Court assumes <urisdication re0ardless of w3et3er or not
t3e !etitionw ill be 0iven due course
.ode of a!!eal available to bot3 civil and criminal e;ce!t in criminal cases wit3 !enalty
im!osed is deat3" reclusion !er!etua or life im!risonment (Sec: C Rule 9=':
.otion for !ost!onement" w3at must be borne: (a' reason for !ost!onement and (b' merits of
t3e case of t3e movant: .ay not be interefered by mandamus or a!!eal" e;ce!t w3en 0rave
abuse of discretion is s3own: +t is addressed to t3e sound discretion of t3e court !redicated to
considerations t3at t3e end of <ustice and fairness s3ould be served t3ereby" more t3an
convenience of court or !arties: Post!onement is !art and !arcel of !rocuderal system of
dis!ensin0 <ustice: ;ce!tion:
substantial ri03ts are affected and intention to delat is manfest