Rule 46 CERTIFIED TRUE DUPLICATE ORIGINA

COPY COPY
Original Cases One which was made by  Copy of the decision,
the proper clerk of court judgement, resolution or
of his duly authorized order which is intended
Section 1. Title of cases. — In all cases representative for and furnished to a
originally filed in the Court of Appeals, party in the case or
Petitioner- the party instituting the action proceeding in the court
Respondent- opposing party or adjudicative body
which rendered and
issued the same
Section 2. To what actions applicable. — 
Must further comply with Must be duly signed or
all the regulations initialed by the
This Rule shall apply to original actions for therefore of the issuing authorities or the
a. Certiorari entity and it is the corresponding officer or
b. Prohibition authenticated original of representative of the
c. Mandamus such certified true copy, issuing entity as herein
d. Quo warranto and not a mere xerox before specified
copy thereof, which shall
Note: Petitions for habeas corpus are excluded, being be utilized as an annex
governed by the rules on special proceedings and Sec. to the petition or other
3, Rule 41. pleading

GR:  Copies certified by notary public are not

a. The actions for annulment of judgment shall be
governed by Rule 47
b. For certiorari, prohibition and mandamus by Rule
65, and
c. For quo warranto by Rule 66. (n)
XPN: Except as otherwise provided
Section 3. Contents and filing of petition; effect
of noncompliance with requirements. —
a. Full names and actual addresses of all the
petitioners and respondents,
b. a concise statement of the matters involved
c. the factual background of the case,
d. the grounds relied upon for the relief prayed for.
In actions filed under Rule 65, the petition shall
e. further indicate the material dates showing:
(Material Data Rule brought under Rule 65)
1. when notice of the judgment or final order or
resolution subject thereof was received,
2. when a motion for new trial or reconsideration,
if any, was filed
3. when notice of the denial thereof was
received.
Failure to state the material dates may be
excused where the dates are evident from the
records.
f. It shall be filed in seven (7) clearly legible copies
together with proof of service thereof on the
respondent with the original copy intended for the
court indicated as such by the petitioner,
g. shall be accompanied by a clearly legible duplicate
original or certified true copy of the judgment,
order, resolution, or ruling subject thereof, such
material portions of the record as are referred to
therein, and other documents relevant or pertinent
thereto.
certified true copies and may be disregarded.
 Duplicate to one of the copies filed with the
courts is sufficient.
SUBSTANTIAL COMPLIANCE RULE:
 When copies of the same order accomplished
by the proper clerk of court accompanied the
motion for reconsideration
 Rule 46 applies to original actions for
certiorari filed in the Court of Appeals but Rule
65 generally serves to supplement the same.
Mere duplicate originals are sufficient under
Rule 46 even if Rule 65 requires only certified
true copies.
The certification shall be accomplished by the
proper clerk of court or by his duly authorized
representative, or by the proper officer of the court,
tribunal, agency or office involved or by his duly
authorized representative.
h. The other requisite number of copies of the
petition shall be accompanied by clearly legible
plain copies of all documents attached to the
original.
i. The petitioner shall also submit together with the
petition a sworn certification that he:
1. Has not theretofore commenced any
other action involving the same issues in
the Supreme Court, the Court of Appeals
or different divisions thereof, or any other
tribunal or agency;
2. To the best of his knowledge, no such
action or proceeding is pending in the
Supreme Court the Court of Appeals or
different divisions thereof, or any other
tribunal or agency;
3. If there is such other action or
proceeding, he must state the status of
the same; and
4. if he should thereafter learn 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.
Section 6. Determination of factual issues. —
Whenever necessary to resolve factual issues, the
court itself may conduct hearings thereon or delegate
the reception of the evidence on such issue to any of
its members or to an appropriate court, agency or
office. (n)

Failure to comply with the foregoing
requirements shall not be curable by mere
amendment of the complaint or other initiatory
pleading but shall be cause for the dismissal
of the case without prejudice, unless
otherwise provided upon motion and after
hearing.
The submission of a false certification or non-
compliance with any of the undertakings
therein shall constitute indirect contempt of
court without prejudice to the corresponding
administrative and criminal actions.
j. The petitioner shall pay the corresponding docket
and other lawful fees to the clerk of court and
deposit the amount of P500.00 for costs at the time
of the filing of the petition.
NOTE: The reception of evidence may be delegated to
a member of the CA or judge of a lower court, who is
not the public respondent.
Section 7. Effect of failure to file comment. —
When no comment is filed by any of the respondents,
the case may be decided on the basis of the record,
without prejudice to any disciplinary action which the
court may take against the disobedient party. (n)
The procedure in original cases in CA may be outlined
as follows:
1. Filing of petition
2. Order to acquire jurisdiction over respondents

3. Outright dismissal for failure to comply with the

EFFECT: The failure of the petitioner to comply any of requirements as to form and payment of docket
the requirements shall be sufficient ground for the and other legal fees
dismissal of the petition. (n; Bar Matter No. 803, 21 July
1998) 4. Require respondents to Comment within 10 days
from notice

5. The court may require the filing of a reply and such

other responsive or other pleadings as it may
Section 4. Jurisdiction over person of deem necessary and proper
respondent, how acquired. —
6. Determination of factual issues, the court itself
The court shall acquire jurisdiction: may conduct hearings or delegate the reception of
evidence on such issues to any of its members or
1. Over the Petitioner to an appropriate court, agency or office.
 by filing of the petition
7. Submission of memoranda
2. Over the person of the respondent –

a. by the service on him of its order or resolution

indicating its initial action on the petition; or

b. by his voluntary submission to such

jurisdiction. (n)

Section 5. Action by the court. —

The court may:

a. Dismiss the petition outright with specific reasons

for such dismissal; or

b. Require the respondent to file a comment on the

same within ten (10) days from notice.

Only pleadings required by the court shall be allowed.

All other pleadings and papers, may be filed only with

leave of court. (n)

The CA has discretion to suspend its internal rules to

allow the parties to present and litigate their causes of
action
 RULE 47
Annulment of Judgments of Final Orders and
Resolutions
Section 1. Coverage. —
A. IN WHAT ACTIONS AVAILABLE:
This Rule shall govern the annulment by:
1. Court of Appeals of judgments or final orders; and
2. Resolutions in civil actions of Regional Trial Courts
for which the ordinary remedies of new trial,
appeal, petition for relief or other appropriate
remedies are no longer available through no fault
of the petitioner. (n)
ACTION FOR ANNULMENT OF JUDGMENT
 A remedy in law independent of the case where
the judgment sought to be annulled was
rendered.
 It is a not a mode of appeal but an independent
civil action.
 May be availed of though the judgement has
been executed
 The purpose is to have the final and executory
judgment set aside so that there will be a
renewal of litigation. It is resorted to in cases
where the ordinary remedies of new trial,
appeal, petition for relief from judgment, or other
appropriate remedies are no longer available
through no fault of the petitioner,[43] and is
based on only two grounds: extrinsic fraud, and
lack of jurisdiction or denial of due process.
[Alaban v. CA, G.R. No. 156021 (2005)]
 Like a petition for relief, Annulment of judgment
is a recourse equitable in character, allowed
only in exceptional cases as where there is no
available or other adequate remedy. (Ramos
vs. Combong, G.R. No. 144273, October 20,
2005)
Annulment of Action for reconveyance
Judgement
Order for the purpose of Legal and equitable
securing the remedy given to the
preservation of its title rightful owner of the land
and the vindication of its which has been
right to the disputed wrongfully or
property. Working in its erroneously registered
favor are the available in the name of another
twin grounds of due for the purpose of
process violation and compelling the latter to
extrinsic fraud. This transfer or reconvey the
includes fruits of the land to him
questioned order
although their
nullification was not
sought in the petition.
Hi Tone Marketing v. Baikal Realty G.R. No.
149992; August 20, 2004
B. WHO CAN FILE
 Petitioner need not be a party to the judgment
sought to be annulled. A person who is not a
party to the judgment may sue for its
annulment provided that he can prove the
same was obtained through fraud or
collusion, and that he would be adversely
affected thereby. . [Alaban v. CA, G.R. No.
156021 (2005)]
C. WHERE FILED
Judgment, Final Judgment, Final Order
Order or Resolution of or Resolution of the
the RTC MTC, etc.
Filed with the CA Filed with the RTC
Basis: CA has exclusive Basis: RTC as a court of
and original jurisdiction general jurisdiction
over said action under under Sec. 19(6) BP 129
Sec. 9(2) of BP 129
The CA may dismiss The RTC has no such
the case outright; it discretion, it is
has the discretion on required to consider it
whether or not to as an ordinary civil
entertain the petition action
D. WHEN PROPER
 The remedy may not be invoked where:
1. The party has availed himself of the remedy
of new trial, appeal, petition for review, or
other appropriate remedy and lost, or
2. Where he has failed to avail himself of those
remedies through his own fault or negligence.
[Republic v. ‘G’ Holdings, Inc., G.R. No.
141241 (2005)]
 It is a condition sine qua non that one must have
failed to avail of those remedies, through no fault
attributable to him. Otherwise, he would benefit
from his own inaction or negligence. [Republic v.
De Castro, G.R. No. 189724 (2011)]
(1) It is settled that the negligence and mistakes of the
counsel are binding on the client. It is only in cases
involving gross or palpable negligence of the counsel
or where the interests of justice so require, when relief
is accorded to a client who has suffered thereby.
Furthermore, for a claim of a counsel's gross
negligence to prosper, nothing short of clear
abandonment of the client's cause must be shown and
it should not be accompanied by the client's own
negligence or malice. It is a correlative duty of clients
to be in contact with their counsel from time to time to
inform themselves of the status of their case especially,
when what is at stake is their liberty. Hence, diligence
is required not only from lawyers but also from their
clients. As such, the failure of the lawyer to
communicate with his clients for nearly three years and
to inform them about the status of their case, does not
amount to abandonment that qualifies as gross
negligence. If at all, the omission is only an act of
simple negligence, and not gross negligence that
would warrant the annulment of the proceedings below.
(Resurreccion v. People, GR No. 192866, 07/09/2014).
(2) The general rule is that a final and executory
judgment can no longer be disturbed, altered, or
modified in any respect, and that nothing further can be
done but to execute it. A final and executory decision
may, however, be invalidated via a Petition for Relief or
a Petition to Annul the same under Rules 38 or 47,
respectively, of the Rules of Court. Rule 47 of the Rules
of Court is a remedy granted only under exceptional
circumstances where a party, without fault on his part,
has failed to avail of the ordinary remedies of new trial,
appeal, petition for relief or other appropriate remedies.
The same petition is not available as a substitute for a
remedy which was lost due to the party‘s own neglect
in promptly availing of the same. There is here no
attempted substitution; annulment of judgment is the
only remedy available to petitioner. Requisite elements
for the filing of a petition for annulment of judgment on
the grounds of extrinsic fraud, lack of jurisdiction, and
want of due process, are present in this case All the
requisite elements for the filing of a petition for
annulment of judgment on the grounds of extrinsic
fraud, lack of jurisdiction, and want of due process, are
present in this case. (Genato Investments, Inc. v.
Barre-Toss, GR No. 207443, 07/23/2014).
(3) 1999 Bar: A filed a complaint for the recovery of
ownership of land against B who was represented by
her counsel X. in the course of the trial, B died.
However, X failed to notify the court of B‘s death. The
court proceeded to hear the case and rendered
judgment against B. After the judgment became final,
a writ of execution was issued against C, who being B‘s
sole heir, acquired the property.
If you were the counsel of C, what course of action
would you take?
Answer: As counsel of C, I would move to set aside the
writ of execution and the judgment for lack of
jurisdiction and lack of due process I the same court
because the judgment is void. If X had notified the court
of B‘s death, the court would have ordered the
substitution of the deceased by C, the sole heir of B
(Rule 3, Section 16). The court acquired no jurisdiction
over C upon whom the trial and the judgment are not
binding (Lawas v. Court of Appeals, 146 SCRA 173).
I would also file an action to annul the judgment for lack
of jurisdiction because C, as the successor of B, was
deprived of due process and should have been heard
before judgment.
Important Condition For The Availment Of This
Remedy:
 Petitioner failed to move for new trial in or appeal
from, or file a petition for relief against o take other
appropriate remedies assailing the questioned
judgement or final order or resolution through no
fault attributable to him
 If he failed to avail of those other remedies without
sufficient justification, he cannot resort to
annulment provided in this rule, otherwise he
would benefit from his own inaction or negligence.
NOTE:
1. It does not apply to judgements rendered by
quasi- judicial bodies.
2. It does not apply also to orders of the
Ombudsman in administrative cases whose
decisions or orders may be appealed to CA
under Rule 43 (Macalalag v. Ombudsman,GR
No. 147995,March 5, 2004)
Section 2. Grounds for annulment. —
The annulment may be based only on the grounds of:
1. EXTRINSIC FRAUD
 Also known as collateral fraud
 A fraudulent act committed by the prevailing party
outside of the trial of the case, whereby the
defeated party was prevented from exhibiting fully
his side of the case by deception practiced on him
by the prevailing party [Alba v. CA, G.R. No.
164041 (2005)]
 The use of forged instruments or perjured
testimonies during trial is not an extrinsic fraud.
Such evidence does not preclude a party’s
participation in the trial (Bobis v. CA, G.R. 113796;
December 14, 2000)
 Extraneous evidence is admitted
 Extrinsic fraud shall not be a valid ground if it was
availed of, or could have been availed of, in a
motion for new trial or petition for relief. (n)
 Petitioner must allege that and that the ordinary
remedies of new trial, appeal, petition for relief or
other appropriate remedies are no longer available
through no fault of the petitioner, otherwise the
petition will be dismissed.
2. LACK OF JURISDICTION
 Either lack of jurisdiction over the person of
the defending party, or over the subject matter
of the claim
 Petitioner must show absolute lack of
jurisdiction and not mere abuse of judicial
discretion; a claim of grave abuse of
discretion will support a petition for certiorari
but not an action for annulment of judgment.
 Only evidence found in the record can justify
nullity
 The defense of lack of jurisdiction may be
barred by estoppel by laches, which is that
failure to do something which should be done
or to claim or enforce a right at a proper time.
NOTE: Jurisdiction over the subject matter is conferred
upon the courts exclusively by law, and as the lack of it
affects the very authority of the court to take
cognizance of the case, the objection may be raised at
any stage of the proceedings.
However, considering the facts and circumstances of
the present case — a party may be barred by laches
from invoking this plea at this late hour for the purpose
of annuling everything done heretofore in the case with
its active participation.
The petitioner must show not a mere grave abuse of
discretion but an absolute lack of jurisdiction (Republic
v. G Holdings G.R.No. 141241; November 22, 2005)
A claim for grave abuse of discretion will support a
petition for certiorari under Rule 65 but it will not
support an action for annulment of judgement.
(Riano,486)
 Jurisprudence recognizes lack of due process as
additional ground to annul a judgment. In Arcelona
v. Court of Appeals, SC declared that a final and
executory judgment may still be set aside if, upon
mere inspection thereof, its patent nullity can be
shown for having been issued without jurisdiction
or for lack of due process of law. ( Diona v.
Balangue GR. NO. 173559)
NOTE: No annulment of judgments of quasi-judicial
agencies is allowed. Rule 47 can only be taken to the
Court of Appeals.
Section 3. Period for filing action. — Section 5. Action by the court. —

Extrinsic Fraud Lack of  Should the court find no substantial merit in the
Jurisdiction petition, the same may be dismissed outright with
Period of filing Within four (4) Before it is specific reasons for such dismissal.
action years from its barred by
discovery laches or  Should prima facie merit be found in the petition,
estoppel. (n) the same shall be given due course and summons
shall be served on the respondent. (n)
Effect of Court may on Set aside the
judgement motion order questioned
the trial court to judgement and Two stages in the disposition of the petition:
try the case as render the
if a timely MNT same null and 1. A preliminary evaluation of the petition for prima
had been void, without facie merit [Sec. 5]
granted prejudice to the
original action  The rule allows the CA to dismiss the petition
being re-filed in outright as in special civil actions
the proper
court  If prima facie merit is found, petition is given
due course and summons is served on
 There must be a manifest showing with petition respondent
that it was filed within the 4-yr period.
2. If prima facie merit is found, petition is given due
 The rule does not fix the period to annul judgment course and issuance of summons as in ordinary
based on lack of jurisdiction but recognizes the civil cases is made [Sec. 6]
principle of estoppel as first laid down by Tijam v.
Sibanghanoy [G.R. No. L-21450 (1968)].  Procedure in ordinary civil cases is observed

NOTE: Prima facie determination is not available in

Section 4. Filing and contents of petition. —
The action shall be commenced by:
1. Filing a verified petition alleging therein with
particularity the facts and the law relied upon for
annulment, as well as those supporting the
petitioner's good and substantial cause of action
or defense, as the case may be.
annulment of judgments or final orders of MTCs before
the RTC. [Sec. 10, Rule
47]
NOTE: Res Judicata is not a bar to an action for
annulment of he judgement sought to be annulled
(Orbeta v. Sendiong G.R. No. 155236, July 8, 2005

2. The petition shall be filed in seven (7) clearly Section 6. Procedure. —

legible copies, together with sufficient copies
corresponding to the number of respondents.
3. A certified true copy of the judgment or final order
or resolution shall be attached to the original copy
of the petition intended for the court and indicated
as such by the petitioner.
 The procedure in ordinary civil cases shall be
observed.
 Should trial be necessary, the reception of the
evidence may be referred to a member of the court
or a judge of a Regional Trial Court. (n)

4. The petitioner shall also submit together with

the petition affidavits of witnesses or documents
supporting the cause of action or defense and
5. A sworn certification that he has not
theretofore commenced any other action involving the
same issues in the Supreme Court, the Court of
Appeals or different divisions thereof, or any other
tribunal or agency if there is such other action or
proceeding, he must state the status of the same, and
if he should thereafter learn 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)
Section 7. Effect of judgment. —
A judgment of annulment shall set aside the questioned
judgment or final order or resolution and render the
same null and void, without prejudice to the original
action being refiled in the proper court. However, where
the judgment or final order or resolution is set aside on
the ground of extrinsic fraud, the court may on motion
order the trial court to try the case as if a timely motion
for new trial had been granted therein. (n)
Based on Lack of Jurisdiction
(1) The same shall be set aside, and considered null
and void

(2) Aggrieved party may refile the action in

the proper court

• This may involve a different court of competent

jurisdiction
• Where the reason was lack of jurisdiction over the rendered said judgment
defendant, the action may be re-filed in the same has no jurisdiction
original court, provided it has proper jurisdiction and
venue This is proper only when the judgement is on its face
null and void such as in cases of lack of jurisdiction to
Based on Extrinsic Fraud render the judgement.

(1) The same shall be set aside and considered null
and void
(2) On motion of the prevailing party on justifiable
grounds, he may be allowed to no longer refile the
action; instead, the trial court which rendered the
questioned judgment shall be ordered to try the case
anew
The validity of a judgment or order of the court, which
has become final and executory, may be attacked in
three ways:
(1) By a direct action or proceeding to annul the same
• A direct attack against the order or judgment because
it is not incidental to, but is the main object of, the
proceeding

Section 8. Suspension prescriptive period. —
The prescriptive period for the refiling of the aforesaid
original action shall be deemed suspended from the
filing of such original action until the finality of the
judgment of annulment.
However, the prescriptive period shall not be
suspended where the extrinsic-fraud is attributable to
the plaintiff in the original action. (n)
• To annul and enjoin enforcement of the judgment,
where the alleged defect is not apparent on its face or
from the recitals contained in the judgment
• See Rule 47
(2) By direct action, as certiorari, or by collateral attack
in case of apparent nullity
• The collateral attack must be against a challenged
judgment which is void upon its face or that the nullity
of the judgment is apparent from its own recitals

Section 9. Relief available. — (3) By a Petition for Relief under Rule 38

The judgment of annulment may include the award of
damages, attorney's fees and other relief.
If the questioned judgment or final order or resolution
had already been executed the court may issue such
orders of restitution or other relief as justice and equity
may warrant under the circumstances. (n)
Section 10. Annulment of judgments or final
orders of Municipal Trial Courts. —
An action to annul a judgment or final order of a
Municipal Trial Court shall be filed in the Regional Trial
Court having jurisdiction over the former.
It shall be treated as an ordinary civil action and
sections 2, 3, 4, 7, 8 and 9 of this Rule shall be
applicable thereto. (n)
• This third manner of attacking must be taken in the
same action or proceeding in which the judgment or
order was entered
VOID JUDGMENT
A void judgment is no judgment at all. It cannot be the
source of any right nor the creator of any obligation. All
acts performed pursuant to it and all claims emanating
from it have no legal effect. Hence, it can never
become final and any writ of execution based on it is
void. [Polystyrene Manufacturing v. Privatization
Management, G.R. No. 171336 (2007)]
A void judgment may be likened to a lawless thing
which can be treated as an outlaw and slain at sight, or
ignored wherever and whenever it rears its head.
[Banco Espanol- Filipino v. Palanca, G.R. No. L-11390
(1918)]

A judgment may be void for lack of due process of law.

[Spouses Benatiro v. Heirs of Cuyos, G.R. No. 161220
Attack of a void judgement: (2008)]
• When the judgement is null and void on its Attacking a Void Judgment
very ace, the judgement may be attacked:
 It may be assailed anytime, collaterally or in a
Direct Attack : Collateral Attack: direct action or by resisting such judgment or final
order in any action or proceeding whenever it is
invoked, unless barred by laches. [Spouses Benatiro
An independent action It is made when, in v. Heirs of Cuyos, G.R. No. 161220 (2008)]
must be filed to another action, to obtain
challenge the validity of a different releief, an Remedies
the judgement whose attack on the judgement
nullity is not patent on its is made as an incident in
 If the reglementary period for appeal has not
face. said action.
yet lapsed, some remedies are New Trial and
Reconsideration [Rule 37], Appeal [Rules 40-
45], Petition for Relief [Rule 48], and Other
an action proper only when the Appropriate Remedies such as Certiorari may
or proceeding to annul it, judgment on its face is also be used.
this being the null and void
main object of the as where it is patent that
 If the appropriate remedies are no longer
proceeding the court which
available without the fault of the petitioner,
the equitable and extraordinary remedy of
 Petition for Annulment of Judgment [Rule
47] may be resorted to.

 When all else fails, there is jurisprudence to

the effect that a patently void judgment may
be dealt with by a Main Action for Injunction.
[See Barrameda v. Moir, G.R. No. L-7927
(1913)]

Jurisprudential Basis

Spouses Benatiro v. Heirs of Cuyos [G.R. No. 161220

(2008)] and Agustin v. Bacalan [G.R. No. L-46000
(1985)] on the matter of void judgment particularly refer
to Rule 47 as a remedy against a void judgment. This
remedy, however, should be availed of only when the
appropriate remedies are no longer available without
fault on the part of the petitioner.

Although Sec. 2 of Rule 47 of the Rules of Court

provides that annulment of a final judgment or order of
an RTC may be based "only on the grounds of extrinsic
fraud and lack of jurisdiction," jurisprudence recognizes
denial of due process as additional ground therefore.
[Spouses Benatiro v. Heirs of Cuyos, G.R. No. 161220
(2008)]

A void judgment is like an outlaw which may be slain at

sight wherever or whenever it exhibits its head. The
proper remedy in such case, after the time for appeal
or review has passed, is for the aggrieved party to bring
an action to enjoin the judgment. [Montinola v. Judge
Gonzales (1989)]

Assuming the judgment to have been void… the proper

remedy was by an original proceeding and not by
motion in the cause. [Banco Espanol-Filipino v.
Palanca, G.R. No. L-11390 (1918)]

A final judgment may be annulled on the ground of lack

of jurisdiction, fraud, or that it is contrary to law. [Panlilio
v. Garcia, G.R. No. L-29038 (1982)]
 RULE 48
Preliminary Conference
NATURE:
 Preliminary Conference before the appellate
court is not mandatory. Its calling is within
the discretion of said court.
 To simplify the issues and determine the
possibility of obtaining stipulations and
admissions from the parties.
Section 1. Preliminary conference. —
At any time during the pendency of a case, the court
may call the parties and their counsel to a preliminary
conference.
(a) To consider the possibility of an amicable
settlement, except when the case is not allowed by law
to be compromised
(b) To define, simplify and clarify the issues for
determination;
(c) To formulate stipulations of facts and
admissions of documentary exhibits, limit the number
of witnesses to be presented in cases falling within the
original jurisdiction of the court, or those within its
appellate jurisdiction where a motion for new trial is
granted on the ground of newly discovered evidence;
and
(d) To take up such other matters which may aid
the court in the prompt disposition of the case. (Rule 7,
CA Internal Rules) (n)
Failure to appear at the preliminary conference is a
ground for dismissal of the petition.
Section 2. Record of the conference. —
The proceedings at such conference shall be recorded
and, upon the conclusion thereof, a resolution shall be
issued embodying all the actions taken therein, the
stipulations and admissions made and the issues
defined. (n)
Section 3. Binding effect of the results of the
conference. —
Subject to such modifications which may be made to
prevent manifest injustice, the resolution in the
preceding section shall control the subsequent
proceedings in the case unless, within five (5) days
from notice thereof, any party shall satisfactorily show
valid cause why the same should not be followed. (n)
In the CA, this procedural devise may be availed of not
only in original actions but also in cases on appeal
wherein new trial was granted on the ground of newly
discovered evidence.
The CA can act as a trier of facts. Hence, the
preliminary conference authorized is a convenient
adjunct to such power and function.
Preliminary conference and appearances of parties
(1) Not later than 30 days after the last answer is filed,
a preliminary conference shall be held. The rules on
pre-trial in ordinary cases shall be applicable to the
preliminary conference unless inconsistent with the
provisions of the Rule.
The failure of the plaintiff to appear in the preliminary
conference shall be cause for the dismissal of his
complaint. The defendant who appears in the absence
of the plaintiff shall be entitled to judgment on his
counterclaim in accordance with Section 6. All cross-
claims shall be dismissed.
If a sole defendant shall fail to appear, the plaintiff shall
be entitled to judgment in accordance with Sec. 6. The
Rule shall not apply where one of two or more
defendants sued under a common cause of action who
had pleaded a common defense shall appear at the
preliminary conference (Sec. 7).
(2) If the extension for the filing of pleadings cannot be
allowed, it is illogical and incongruous to admit a
pleading that is already filed late. To admit a late
answer is to put a premium on dilatory measures, the
very mischief that the Rules seek to redress (Tereña
vs. Desagun, GR No. 152131, 04/29/2009).
(3) Failure of one party to submit his position paper
does not bar at all the MTC from issuing a judgment on
the ejectment complaint. In such a case, what would be
extant in the record and the bases for the judgment
would be the complaint, answer, and the record of the
preliminary conference (Tereña vs. Desagun, supra).
(4) If a sole defendant shall fail to appear in the
preliminary conference, the plaintiff shall be entitled to
judgment in accordance with Section 6 of the Rule, that
is, the court shall render judgment as may be
warranted by the facts alleged in the complaint and
limited to what is prayed for therein (Sec.7).
However, this rule shall ―not apply where one of two
or more defendants sued under a common cause of
action, who had pleaded a common defense, shall
appear at the preliminary conference‖. The Supreme
Court held that the afore-quoted provision does not
apply in the case where petitioner is not a co-defendant
in the same case but actually sued in a separate case
for ejectment (Soriente vs. Estate of Concepcion, GR
No. 160239, 11/25/2009).
 RULE 49

Oral Argument

Section 1. When allowed. —

At its own instance or upon motion of a party, the court

may hear the parties in oral argument on the merits of
a case, or on any material incident in connection
therewith. (n)

The oral argument shall be limited to such matters as

the court may specify in its order or resolution. (1a,
R48)

Section 2. Conduct of oral argument. —

Unless authorized by the court, only one counsel may

argue for a party. The duration allowed for each party,
the sequence of the argumentation, and all other
related matters shall be as directed by the court. (n)

Section 3. No hearing or oral argument for

motions. —

Motions shall not be set for hearing and, unless the

court otherwise directs, no hearing or oral argument
shall be allowed in support thereof. The adverse party
may file objections to the motion within five (5) days
from service, upon the expiration of which such motion
shall be deemed submitted for resolution. (29, R49)
 RULE 50 Section 2. Dismissal of improper appeal to the
Court of Appeals. —
Dismissal of Appeal
An appeal under Rule 41 taken from the Regional Trial
Section 1. Grounds for dismissal of appeal. — Court to the Court of Appeals raising only questions of
law shall be dismissed, issues purely of law not being
An appeal may be dismissed by the Court of Appeals, reviewable by said court. Similarly, an appeal by notice
on its own motion or on that of the appellee, on the of appeal instead of by petition for review from the
following grounds: appellate judgment of a Regional Trial Court shall be
dismissed. (n)
(a) Failure of the record on appeal to show on its
face that the appeal was taken within the period fixed An appeal erroneously taken to the Court of Appeals
by these Rules; shall not be transferred to the appropriate court but
shall be dismissed outright. (3a)
(b) Failure to file the notice of appeal or the
record on appeal within the period prescribed by these
Rules;
Section 3. Withdrawal of appeal. — An appeal
(c) Failure of the appellant to pay the docket and may be withdrawn as of right at any time before the
other lawful fees as provided in section 5, Rule 40 and filing of the appellee's brief. Thereafter, the withdrawal
section 4 of Rule 41; (Bar Matter No. 803, 17 February may be allowed in the discretion of the court. (4a)
1998)

(d) Unauthorized alterations, omissions or

additions in the approved record on appeal as provided
in section 4 of Rule 44;

(e) Failure of the appellant to serve and file the

required number of copies of his brief or memorandum
within the time provided by these Rules;

(f) Absence of specific assignment of errors in

the appellant's brief, or of page references to the record
as required in section 13, paragraphs (a), (c), (d) and
(f) of Rule 44;

(g) Failure of the appellant to take the necessary

steps for the correction or completion of the record
within the time limited by the court in its order;

(h) Failure of the appellant to appear at the

preliminary conference under Rule 48 or to comply with
orders, circulars, or directives of the court without
justifiable cause; and

(i) The fact that the order or judgment appealed

from is not appealable. (1a)

NOTE: With the exception of Section 1 (b), dismissal of

an appeal is discretionary and not mandatory (may be
waived) (Advincula v. IAC GR No. 75310, December
10, 1987)

Other Grounds:

(1) By agreement of the parties (i.e. amicable

settlement)

(2) Where appealed case has become moot or

academic

(3) Where appeal is frivolous or dilatory

Failure to File Notice of Failure to File Brief

Appeal within the period
Jurisdictional Not Jurisdictional, may
waived by the parties
Decision becomes final Results in abandonment
and executory upon of appeal, which could
failure to move for lead to dismissal upon
reconsideration failure to move for
reconsideration
 RULE 51
Judgment
Section 1. When case deemed submitted for
judgment. — A case shall be deemed submitted for
judgment:
A. In ordinary appeals. —
1) Where no hearing on the merits of the main
case is held, upon the filing of the last pleading, brief,
or memorandum required by the Rules or by the court
itself, or the expiration of the period for its filing.
2) Where such a hearing is held, upon its
termination or upon the filing of the last pleading or
memorandum as may be required or permitted to be
filed by the court, or the expiration of the period for its
filing.
B. In original actions and petitions for review. —
1) Where no comment is filed, upon the
expiration of the period to comment.
2) Where no hearing is held, upon the filing of
the last pleading required or permitted to be filed by the
court, or the expiration of the period for its filing.
3) Where a hearing on the merits of the main
case is held, upon its termination or upon the filing of
the last pleading or memorandum as may be required
or permitted to be filed by the court, or the expiration of
the period for its filing. (n)
Section 2. By whom rendered. —
The judgment shall be rendered by the members of the
court who participated in the deliberation on the merits
of the case before its assignment to a member for the
writing of the decision. (n)
Section 3. Quorum and voting in the court. —
The participation of all three Justices of a division shall
be necessary at the deliberation and the unanimous
vote of the three Justices shall be required for the
pronouncement of a judgment or final resolution.
If the three justices do not reach a unanimous vote, the
clerk shall enter the votes of the dissenting Justices in
the record.
Thereafter, the Chairman of the division shall refer the
case, together with the minutes of the deliberation, to
the Presiding Justice who shall designate two Justices
chosen by raffle from among all the other members of
the court to sit temporarily with them, forming a special
division of five Justices.
The participation of all the five members of the special
division shall be necessary for the deliberation required
in section 2 of this Rule and the concurrence of a
majority of such division shall be required for the
pronouncement of a judgment or final resolution. (2a)
Section 4. Disposition of a case. —
The Court of Appeals, in the exercise of its appellate
jurisdiction, may affirm, reverse, or modify the
judgment or final order appealed from, and may direct
a new trial or further proceedings to be had. (3a)
Section 5. Form of decision. —
Every decision or final resolution of the court in
appealed cases shall clearly and distinctly state the
findings of fact and the conclusions of law on which it
is based, which may be contained in the decision or
final resolution itself, or adopted from those set forth in
the decision, order, or resolution appealed from. (Sec.
40, BP Blg. 129) (n)
Section 6. Harmless error. —
No error in either the admission or the exclusion of
evidence and no error or defect in any ruling or order
or in anything done or omitted by the trial court or by
any of the parties is ground for granting a new trial or
for setting aside, modifying, or otherwise disturbing a
judgment or order, unless refusal to take such action
appears to the court inconsistent with substantial
justice. The court at every stage of the proceeding must
disregard any error or defect which does not affect the
substantial rights of the parties. (5a)
Section 7. Judgment where there are several
parties. —
In all actions or proceedings, an appealed judgment
may be affirmed as to some of the appellants, and
reversed as to others, and the case shall thereafter be
proceeded with, so far as necessary, as if separate
actions had been begun and prosecuted, and
execution of the judgment of affirmance may be had
accordingly, and costs may be adjudged in such cases,
as the court shall deem proper. (6)
Section 8. Questions that may be decided. —
No error which does not affect the jurisdiction over the
subject matter or the validity of the judgment appealed
from or the proceedings therein will be considered
unless stated in the assignment of errors, or closely
related to or dependent on an assigned error and
properly argued in the brief, save as the court may pass
upon plain errors and clerical errors. (7a)
Section 9. Promulgation and notice of
judgment. —
After the judgment or final resolution and dissenting or
separate opinions, if any, are signed by the Justices
taking part, they shall be delivered for filing to the clerk
who shall indicate thereon the date of promulgation and
cause true copies thereof to be served upon the parties
or their counsel. (n)
Section 10. Entry of judgments and final
resolutions. —
If no appeal or motion for new trial or reconsideration
is filed within the time provided in these Rules, the
judgment or final resolution shall forthwith be entered
by the clerk in the book of entries of judgments. The
date when the judgment or final resolution becomes
executory shall be deemed as the date of its entry. The
record shall contain the dispositive part of the judgment
or final resolution and shall be signed by the clerk, with
a certificate that such judgment or final resolution has
become final and executory. (2a, R36)

Section 11. Execution of judgment. —

Except where the judgment or final order or resolution,

or a portion thereof, is ordered to be immediately
executory, the motion for its execution may only be filed
in the proper court after its entry.

In original actions in the Court of Appeals, its writ of

execution shall be accompanied by a certified true copy
of the entry of judgment or final resolution and
addressed to any appropriate officer for its
enforcement.

In appealed cases, where the motion for execution

pending appeal is filed in the Court of Appeals at a time
that it is in possession of the original record or the
record on appeal, the resolution granting such motion
shall be transmitted to the lower court from which the
case originated, together with a certified true copy of
the judgment or final order to be executed, with a
directive for such court of origin to issue the proper writ
for its enforcement. (n)
 RULE 52

Motion for Reconsideration

Section 1. Period for filing. —

A party may file a motion for reconsideration of a

judgment or final resolution within fifteen (15) days from
notice thereof, with proof of service on the adverse
party. (n)

Section 2. Second motion for reconsideration.

—

No second motion for reconsideration of a judgment or

final resolution by the same party shall be entertained.
(n)

Section 3. Resolution of motion. —

In the Court of Appeals, a motion for reconsideration

shall be resolved within ninety (90) days from the date
when the court declares it submitted for resolution. (n)

Section 4. Stay of execution. —

The pendency of a motion for reconsideration filed on

time and by the proper party shall stay the execution of
the judgment or final resolution sought to be
reconsidered unless the court, for good reasons, shall
otherwise direct. (n)
 RULE 53

New Trial

Section 1. Period for filing; ground. —

At any time after the appeal from the lower court has
been perfected and before the Court of Appeals loses
jurisdiction over the case, a party may file a motion for
a new trial on the ground of newly discovered evidence
which could not have been discovered prior to the trial
in the court below by the exercise of due diligence and
which is of such a character as would probably change
the result.

The motion shall be accompanied by affidavits showing

the facts constituting the grounds therefor and the
newly discovered evidence. (1a)

Section 2. Hearing and order. —

The Court of Appeals shall consider the new evidence

together with that adduced at the trial below, and may
grant or refuse a new trial, or may make such order,
with notice to both parties, as to the taking of further
testimony, either orally in court, or by depositions, or
render such other judgment as ought to be rendered
upon such terms as it may deem just. (2a)

Section 3. Resolution of motion. —

In the Court of Appeals, a motion for new trial shall be

resolved within ninety (90) days from the date when the
court declares it submitted for resolution. (n)

Section 4. Procedure in new trial. —

Unless the court otherwise directs, the procedure in the

new trial shall be the same as that granted by a
Regional Trial Court. (3a)
 RULE 54

Internal Business

Section 1. Distribution of cases among

divisions. —

All the cases of the Court of Appeals shall be allotted

among the different divisions thereof for hearing and
decision.

The Court of Appeals, sitting en banc, shall make

proper orders or rules to govern the allotment of cases
among the different divisions, the constitution of such
divisions, the regular rotation of Justices among them,
the filing of vacancies occurring therein, and other
matters relating to the business of the court; and such
rules shall continue in force until repealed or altered by
the Supreme Court. (1a)

Section 2. Quorum of the court. —

A majority of the actual members of the court shall

constitute a quorum for its sessions en banc.

Three members shall constitute a quorum for the

sessions of a division.

The affirmative votes of the majority of the members

present shall be necessary to pass a resolution of the
court en banc.

The affirmative votes of three members of a division

shall be necessary for the pronouncement of a
judgment or final resolution, which shall be reached in
consultation before the writing of the opinion by any
member of the division. (Sec. 11, first par. of BP Blg.
129, as amended by Sec. 6 of EO 33). (3a)
 RULE 55

Publications of Judgments and Final Resolutions

Section 1. Publication. —

1. The judgments and final resolutions of the court

shall be published in the Official Gazette in the
Reports officially authorized by the court

2. In the language in which they have been originally

written,

3. Together with the syllabi therefor prepared by the

reporter in consultation with the writers thereof.

4. Memoranda of all other judgments and final

resolutions not so published shall be made by the
reporter and published in the Official Gazette and
the authorized reports. (1a)

Section 2. Preparation of opinions for

publication. —

The reporter shall prepare and publish with each

reported judgment and final resolution a concise
synopsis of the facts necessary for a clear
understanding of the case, the names of counsel, the
material and controverted points involved, the
authorities cited therein, and a syllabus which shall be
confined to points of law. (Sec. 22a, R.A. No. 296) (n)

Section 3. General make-up of volumes. —

The published decisions and final resolutions of the

Supreme Court shall be called "Philippine Reports,"
while those of the Court of Appeals shall be known as
the "Court of Appeals Reports." Each volume thereof
shall contain a table of the cases reported and the
cases cited in the opinions, with a complete
alphabetical index of the subject matters of the volume.
It shall consist of not less than seven hundred pages
printed upon good paper, well bound and numbered
consecutively in the order of the volumes published.
(Sec. 23a, R.A. No. 296) (n)