Appellate Procedure Course Outline ‘Suggested Reading: Appeal and Review in the Philippines by Justice Lucas P. Bersamin |. Introduction and General Principles as Sx anawn Nature of right to appeal Appeal as a matter of right vs. discretionary appeal What may be appealed What may not be appealed Final order vs. interlocutory order Order disallowing or dismissing an appeal Compromise Agreement Order n without prejudice Cases: Manila vs. Manzo, G.R. No. 163602, 7 September 2011 Fernandez vs. Fulgueras, G.R. No. 178575, 29 June 2010 Madison vs. Marbury, 1 Cranch 137 (US), 2 L ed. 60 Velasco vs. Gayapa Jr., G.R. No. L-58651, 30 July 1987 Pena vs. GSIS, G.R. No. 159520, 19 September 2006 Land Bank of the Philippines vs. Court of Appeals, G.R. No. 190660, 11 April 2011 Yu vs. Samson-Tatad, G.R. No. 170979, 9 February 2011 People of the Philippines vs. Delos Reyes, G.R. No. 130714 & 139634, 16 October 2012 Eastern Mediterranean Maritime Ltd. Vs. Surio, G.R. No. 154213, 23 ‘August 2012 D.M. Wenceslao and Associates, Inc. vs. City of Paranaque, G.R. No. 170728, 31 August 2011 ‘SAMASAH-NUWHRAIN vs. Magsalin, G.R. No. 164939, 6 June 2011 Pacific Union Insurance Company vs. Concepts & Systems Development, Inc., G.R. No. 183528, 23 February 2011 Navarro vs. Ermita, G.R. No. 180050, 12 April 2011 Tanenglian vs. Lorenzo, G.R. No. 173415, 28 March 2008 Go vs. Chaves, G.R. No. 182341, 23 April 2010 Pahila-Garrido vs. Tortogo, G.R. No. 156358, 17 August 2011 Republic of the Philippines vs. Sandiganbayan (Fourth Division), G.R. No. 152375, 16 December 2011 Heirs and/or Estate of Atty. Rolando Siapan vs. the Intestate Estate of Late Eufrosina G. Mackay, G.R. No. 184799, 1 September 2010- Philippine Business Bank vs. Chua, G.R. No. 1788899, 15 November 2010 = Quelnan vs. VHF Philippines, Inc., G.R. No. 145911, 7 July 2004 = Sarsaba vs. Vda. De Te, G.R. No. 175910, 30 July 2009 - _ Zamoranos vs. People of the Philippines, G.R. No. 193902, 1 June 2011 ~ Australian Professional Realty, Inc. vs. Municipality of Padre Ga Batangas Province, G.R. No. 183367, 14 March 2012, - Manungas vs. Loreto, G.R. No. 193161, 22 August 2011 - _Argana vs. Republic of the Philippines, G.R. No. 147227, 19 November 2004 = Pasco vs. Heirs of Filomena de Guzman; G.R. No. 165554, 26 July 2010 - PAGCOR vs. Aumentado, G.R. No. 173634, 22 July 2010 - _MBTC vs. Court of Appeals, G.R. No. 110147, 17 April 2001 ~ Panay Railways, Inc. vs. Heva Management and Development Corporation, G.R. No. 154061, 25 January 2012 = _ Insular Life Savings and Trust Company vs. Runes, G.R. No. 152530, 12 August 2004 = Manese vs. Jolibee Foods Corporation, G.R. No. 170454, 11 October 2012 citing SMI Fish Industries, Inc. vs. NLRC, G.R. Nos. 96952-56, 12 September 1992 - Citytrust Banking Corporation vs. Court of Appeals, G.R. No. 92591, 30 April 1991 - Universal Motors Corporation vs. Court of Appeals, G.R. No. L-47432, 27 January 1992 ~ Hipolito vs. Cinco, G.R. No. 174143, 28 November 2011 - PNB vs. Perez, G.R. No. 187640, 15 June 2011 = Loadmasters Customs Service, Inc. vs. Global Brokerage Corporation, G.R. No. 179446, 10 January 2011 - Citibank vs. Sabeniano, G.R. No. 156132, 16 October 2006 - Bote vs. Veloso, G.R. No. 194270, 3 December 2012 - Union Bank of the Philippines vs. Court of Appeals, G.R. No. 134068, 25 June 2001 = Canlas vs. Tubil, G.R. NO. 184285, 25 September 2009 - Purcon vs. MRM Philippines, Inc., G.R. No. 182718, 26 September 2008 = Samonte vs. S.F. Naguiat, G.R. No. 165544, 2 October 2009 Remedies Before Finality of Judgment 1, New Trial or Reconsideration (Rule 37) a. Motion for New Trial i Nature Grounds ili, Fraud, accident, mistake and excusable negligenceiv. Newly discovered evidence v. Remedy for party declared in default When to file the motion No motion for extension of time to file motion Contents and notice ‘Must include all grounds Second motion for new trial Affidavit of merits Action of the court = Grant motion - Order partial new trial = Deny the motion b. Motion for Reconsideration Nature Grounds When to file No motion for extension of time to file Pro forma motion for reconsideration Reiteration of arguments Contents and notice Written notice No second motion for reconsideration x. Action of the court xi. Partial reconsideration 2. Appeal from the Municipal Trial Courts to the Regional Trial Courts (Rule 40) a. Where to appeal b. When to appeal c. Fresh Period Rule ("Neypes Doctrine”) d. Who may appeal e. How to appeal f. Timely payment of docket and other fees & Proof of payment h, The appeal i. Perfection of Appeal (Rule 30, Section 4) j. Duty of the Clerk of Court Procedure in the Regional Trial Court Notice to the parties |. Submission of memoranda Effect of appeal parr©. Residual jurisdiction p. Resolution of the appeal q. Appeal from orders dismissing the case for lack of jurisdiction . Appeal from the Regional Trial Courts (Rule 41) a. Nature b. Notice of appeal vs. Record on appeal c. Multiple appeals d. Special proceedings . Where to appeal f. When to appeal g. Commencement of period to appeal h. Interruption of period to appeal i. Fresh period rule (“Neypes Doctrine”) j. Strict observance of reglementary period k. How to appeal |. Service of notice of appeal upon adverse party m. Mode and proof of payment n. Payment is mandatory 0. Full payments within reglementary period . Dismissal for failure to pay docket fees q. Contents of appeal Approval of record on appeal S. Approval of notice on appeal not required t. Perfection of appeal u, Residual jurisdiction v. Execution pending appeal w. Duty of clerk of court of the regional trial court x. Incomplete records y. Non-transmittal or late transmittal 2 Transmittal aa. Dismissal of appeal bb. Dismissal of appeal under Rule 50, Section 1 Cc. Dismissal of improper appeal to the Court of Appeals dd. Duty of the clerk of court of the Court of Appeals ee. Incomplete records ff. Procedure after receipt of notice from Court of Appeals 8. Withdrawal of Appeal hh. Failure to file Appellant's Brief Extension and expiration of period to file briefs jj. Failure to serve and file required number of briefs kk. Failure to correct or complete record Il. The Appellant's Brief= Subject index ~ Assignment of errors ~ Statement of the case = Statement of facts - Statements of issues - Arguments - Relief mm. The Appellee’s Brief ‘nn. Action of the Court of Appeals Petition for Review from the Regional Trial Courts to the Court of Appeals (Rule 42) Applicability How to appeal ‘No appellate jurisdiction over MeTC decisions Appeal by notice of appeal shall be dismissed Payment of fees and deposit for costs Proof of service When to appeal Extension of period Dismissal of petition Perfection of appeal Residual powers of the Regional Effect of appeal Petition Verification Impleading the lower court judge as respondent Statement of material dates and statement of facts Attachments Certificate of non-forum shopping (See Revised Circular No. 28-91, dated 8 February 1994) . Action on the petition t. The Comment (Note the effect of the Efficient Use of Paper Rule on Rule 42) u. Requisites for initial determination ¥. Comparison of Rule 42 to Rule 41 W. Oral arguments Court TRUE mean ee repos Appeals from the Court of Tax Appeals and Quasi-Judicial Agencies to the Court of Appeals (Rule 43)dicial function ¢. Quasi-judicial agency d. Applicability e. AM. No, 04-9-07-SC f. Not applicable to the Labor Code g. Where and when to appeal h. The reglementary period is jurisdictional i. Motion for reconsideration not required j. Extension of period to file k. Wise and prudent use of discretion |. Howto appeal m. Payment of and exemption from payment of fees n. Effect ©. Exception p. The Petition 4. Verification . Certification against non-forum shopping, s. Statement of facts . Attachments u. Guidelines v. Action of the Court of Appeals w. The Comment x. If prima facie merit found y. Resolution of petition 2. Substantial evidence aa, Findings of administrative agencies bb. Exeptions cc. Doctrine of exhaustion of administrative remedies dd. Doctrine of primary jurisdiction ee. Exceptions . Appeal by Certiorari to the Supreme Court (Rule 45) a. Applicability b. Where and when to appeal c. Motion for reconsideration not required d. Petition for review of certiorari under Rule 45 vs. petition for certiorari under Rule 65 e. Petition under Rule 65 treated as one under Rule 45. f. Extension of time to file petition g Who may appeal h. Payment of docket and other fees i. Naturej. Exceptions k. The Petition |. Attachments m. Verification and certification against non-forum shopping 1. Action of the Supreme Court ©. Questions of Law vs. Questions of Fact p. Appellation not controlling @. Question of Law tr. Question of Fact s. Supreme Court not a trier of facts t. Where factual findings of trial court and Court of Appeals coincide u. Where factual findings of quasi-judicial agencies are affirmed by the Court of Appeals v. If questions of fact brought to the Supreme Court MI Reme After Finality of Judgment 1. Petition for Relief from Judgments, Orders or Other Proceedings (Rule 38) Nature Equitable and exceptional Act of Grace Applicability Grounds: Extrinsic fraud, accident, mistake, excusable negligence Imputable to party Excusable Who may file When to file Periods are fixed, concurrent, inextendible and never interrupted Where party is represented by counsel In compromise agreement . Void judgments Where to file Not available in summary proceedings Not available in the Court of Appeals Not available in the Supreme Court The Petition Action of the Court Preliminary Injunction pending proceedings cy repos gr RT samp ange 2. Annulment of Judgments or Final Orders and Resolutions (Rule 47) a. Nature b. Equitable, exceptional and extraordinaryNot a substitute for appeal Limited in scope Independent of judgment sought to be annulled Purpose Applicability and where to file ‘Who may file Grounds rem mp ao ~ Extrinsic fraud Definition Fraud must be employed by adverse party Subject to condition precedent When barred as ground for annulment of judgment Period to file = Lack of juri Definition No condition precedent necessary Absolute lack of jurisdiction necessary Period to file j. The Petition k. Action by the Court Effect of judgment . Petition for Certiorari (Rule 65) a. Applicability b. Writ of certiorari ¢. Grave abuse of discretion d. Judicial function vs. quasi-judicial function e. Acts without jurisdiction vs. acts in excess of jurisdi f. Plain, speedy and adequate remedy 8. Subject of the writ h. Nature of writ - Extraordinary remedy = Original and independent action - Based on jurisdictional grounds - Neither alternative nor successive but mutually exclusive with appeali. Exceptions J. Rule 45 petition treated as Rule 65 peti k. When to file |. Necessity of motion for reconsideration m. Exceptions 1. Prohibiti ©. Exceptions p. Where to file q. Hierarchy of courts F. Who may file s. The Petition t u, v. of motion for extension Number of copies .. Verification .. Respondent or respondents w. Addresses of parties x. Material dates y. Submission of attachments 2. Action of the Court aa. Effect of failure to file comment bb. Procedure after comment is filed cc. Determination of factual issues dd. Service and enforcement of order or judgment ee. Appeal vs. petition for certiorari Appeals in Criminal Cases 14, 15. 16. 17. Background Motion for new trial or reconsideration Who may appeal “Any party” Standing to appeal Double jeopardy Acquittal Exceptions Where to appeal . When to appeal . Fresh period rule (“Neypes Doctrine”) . Commencement of period to appeal . No need to manifest intention to appeal immediately after promulgation of judgment When judgment becomes final and executory How to appeal Petition for certiorari under Rule 65 Notice of appealvl. 18. Service of notice 19. Waiver of notice 20. Designation of wrong court 21. Transcribing and filing of notes of stenographic reporter upon appeal 22. Transmission of papers to appellate court upon appeal 23. Withdrawal of appeal 24, Effect of appeal by one or any of several accused 25. Appeal to the Regional Trial Courts 26. Appointment of counsel de oficio for accused on appeal Procedure in the Court of Appeals Title of case Appointment of counsel de oficio for the accused |. The Appellant's Brief The Appellee’s Brief Reply Brief Dismissal of appeal Disposition of appeals . Power to receive evidence 9. Prompt and with preference for detained accused 10. Presence of accused unnecessary 11. Scope of judgment 12. Judgment transmitted and filed in trial court 13. Appeal of the case to the Supreme Court 14, Motion for new trial 15. Motion for reconsideration eyo eee Procedure in the Supreme Court 1. Uniform procedure 2. Review of decisions of the Court of Appeals 3. Decision if opinion is equally divided