May 01, 2019

Rule 48: Preliminary Conference

-may be availed of in the exercise of CA’s original jurisdiction or appellate jurisdiction
-it is the CA that calls for a preliminary conference, it’s basically the pre-trial conference
Rule 49: Oral Argument
-The CA, upon the motion of a party, may move for oral arguments. Unless authorized by the Court,
only one counsel may argue for a party. Unlike the procedure in the lower courts, when you file a
motion, please do not put a notice of hearing. Hindi kayo ang nag-seset ng hearing sa CA. You just
have to wait for CA to require you to do what is next. But the rules provide that the adverse party
may file his objection at least five days from service of the said motion. The hearing therefore on the
motion is discretionary.
Rule 50: Dismissal of Appeal
- Note that the grounds for the dismissal of an appeal are directory, not mandatory. It is not
ministerial on the part of the court to dismiss the appeal. The enumeration listed in section 1 is not
exclusive, because there are other grounds when appeal may be dismissed:
(1) by agreement of the parties, the parties can move for the dismissal of the appeal
(2) where the appeal has been rendered moot and academic

The SC will no longer remand the petition in case of improper appeal, SC will just dismiss the case.
And the dismissal is fatal. Wrong mode of appeal would mean that the decision becomes final and
executory.
Withdrawal of an Appeal
- as a matter of right- anytime before the filing of the appellee’s brief. But once the appellee’s brief
has been filed, then it becomes by way of motion

D.M. Wenceslao vs City of Parañaque

- The non-payment of docket fees and other fees within the period is mandatory for the perfection of
the appeal. Otherwise, the right to appeal is lost. This is because the court acquires jurisdiction over
the subject matter (1) if the appeal is filed within the reglementary period (2) payment of docket fees
must be made within the reglementary period. When the docket fees in the appellate court is not paid
in full within the reglementary period, the decision of the trial court becomes final and executory and
therefore becomes immutable and no longer susceptible to the appeal. Once a decision has ttained
finality, not even the SC—as a general rule—can change the decision.

Philippine Bank of Communication vs CA

- here the RTC denied the notice of appeal because it was the wrong remedy to assail the dismissal of
the appeal.
Q: Does the trial court have the authority to dismiss the appeal?
A: No.
The power of the RTC to dismiss the appeal is limited only in the instances specified in Rule 50,
section 1.
Q: What are those two instances?
A: (1) It was filed out of time (2) docket fee was not paid

If it is a wrong remedy, it is not for the RTC to say it. It’s for the appellate court to say it. So kunware
ang desisyon ng RTC, adverse, nag-file ngayon si defendant ng notice of appeal and the defendant says
that the decision of RTC is being appealed to the CA on pure questions of law.

Q: Can the RTC dismiss it?

A: If you follow the case of Philippine Bank vs CA, the answer is no. Because there are only 2 instances
where the RTC can dismiss the appeal outright:
(1) failure to file the NOA within the reglementary period
(2) failure to pay the docket fees

Rule 51: Judgment

The judgment shall be rendered by the members of the court who participated in the deliberation of
the merits of the case before it’s assigned to a member for the writing of the decision. The unanimous
vote of 3 justices shall be required for the promulgation of the judgment. If there is no unanimity, the
clerk should enter the vote for the dissenting justices. ‘Pag hindi unanimous ‘yan, ang mangyayari,
kukuha ng 2 justices that will temporarily sit in the division. Then, majority wins. So to be a binding
judgment, the judgment should be duly signed and promulgated during the incumbency of the justice
or judge who signed it. The CA in the exercise of its appellate jurisdiction, may reverse, affirm, modify
and may even direct a new trial.

Q: Can the CA receive evidence?

A: Yes. When in the exercise of its appellate jurisdiction or its original jurisdiction, it can receive
evidence and perform all acts necessary to resolve factual issues. This can be exercised in cases falling
within its original jurisdiction like Rule 47 or in cases of its exercise of its appellate jurisdiction.

Q: When can you say that the judgment has been duly promulgated?
A: It is when the judge or the justice already submitted the decision to the clerk of court for
dissemination to the parties. So prior to the submission to the clerk of court, it is just a draft, it does
not have any juridical existence. And because it is a draft, it can be changed.

The date when the judgment becomes executory is likewise the date of entry of judgment. The date
of entry is very important because the date of entry is the date when you can execute the judgment.
Because when you have date of entry, that means the decision is already final and executory. It is not
a matter of entering it in the book of entries.

In original actions before the CA, its way (??) [17:48] of execution shall be accompanied by a certified
true copy of the entry of judgment or final resolution and addressed to the appropriate officer for its
enforcement. In appealed case, where the motion for execution is pending appeal before the CA, the
CA can only act on it if the records area already elevated to the court. Remember Rule 39 section 1,
when the CA has already decided the case in the exercise of its appellate jurisdiction, and there’s an
entry of judgment, you don’t have to wait for the records to be returned to the lower court. All you
have to do is get a certified true copy of the judgment and an entry of judgment coming from the CA
and attach it to your motion for execution when you file it before the lower court. And the lower court
can act on it even if the records have not yet been returned to the court of origin.

Aklan College Inc. vs Enero

As a rule, a party who did not appeal cannot obtain affirmative relief. Anong ibig sabihin nun? If I filed
a case against Joshua and Joshua won, he appeals the case. He, because he appealed, can ask for an
affirmative relief. He may ask the decision be reversed and that his claim for damages be acted upon
by the court. Meanwhile, I did not appeal. I was awarded 1M by way of exemplary damages. When he
appealed and he filed his appellant’s brief, when I file my appellee’s brief, I cannot ask the court to
increase my monetary award. My only purpose in filing the appellant’s brief and my main objective
is for the court to sustain the ruling of the lower court. I cannot ask an affirmative relief ( e.g. that 1M
be raised to 10M) because I did not appeal. So an appellee cannot ask for an affirmative relief. That is
the general rule.

Go vs CA
It is the appeal taken by one of the parties against the other that gives the court jurisdiction over said
parties. Therefore, the appellate court cannot acquire jurisdiction over persons who are neither
appellants nor appellees. Ano’ng nangyari sa kaso na’to? Plaintiff v Defendant, defendant became a
third party plaintiff and then sued a third party defendant. Ang natalo, si Plaintiff, so si Plaintiff ang
nag-appeal. Meanwhile, defendant did not appeal his third party complaint. Eh nung appeal nanalo si
Plaintiff.

Q: Can the court now issue an order that would affect the third party defendant?
A: No. Because of the failure of the defendant to even appeal the decision and bring in the third party
defendant as an appellee, then the decision becomes binding only to the appellant and the appellee
because the court did not acquire jurisdiction over the third party defendant below. And therefore it
cannot render a judgment that would affect the third party defendant because it would be violative
of due process.

Natalia Realty vs CA
Q: Before we can move for execution of a final judgment rendered by an appellate court, do you need
to wait for an entry of judgment?
A: As a general rule, yes. You have to wait for the judgment to attain finality. You have to wait for the
court to issue an entry of judgment so that you can have the same executed but the exception to the
rule is provided by Rule 51, Section 11. So if the judgment of the appellate court says that it is
immediately executory, you don’t even have to wait for the court to issue an entry of judgment.

Mercury Drug vs Home Development Fund

-is a discussion of the law of the case doctrine.
Q: What is law of the case? Is it the same as stare decisis?
A: No. Stare decisis involves another case involving other persons and if you’re similarly situated you
can invoke that case of which you are not a party as it has been decided by the SC.

Q: Is the SC bound by the doctrine of Stare Decisis?

A: No. Because the SC is constitutionally empowered to reverse, affirm decisions.
Law of the case is different. Law of the case applies when there is a decision between the same parties.
Law of case is defined as an opinion delivered on a former appeal. And if the factual circumstances
will not change, that decision rendered in the former appeal shall be the controlling rule between the
same parties in the same case whether the said decision is correct or not so long as the facts on which
the decision is predicated continue (??) [28:51] with the facts of the case before the court. So as I said,
if I filed a case against Joshua, he files a motion to dismiss on the ground of improper venue- denied.
MR-denied. So Joshua have to file an answer and then in the answer he raised by way of affirmative
defense; improper venue. Meanwhile, after he filed the answer, he filed a petition for Certiorari under
Rule 65 before the CA assailing the denial of his motion to dismiss- denied. In-appeal pa n’ya sa SC
under Rule 45- petition dismissed. Now, because there’s already a final ruling, on the issue of
improper venue, even if I raise that in my answer, I can no longer litigate on that, I can no longer
assign it as one of the errors. Because the controlling legal principle as far as that case is concerned,
it is already decided by a higher court that the ground of improper appeal is wrong. And that is the
principle of Law of the case.

Philippine Hawk Corp. vs Lee

Q: What are the questions that may be decided by the appellate court?
A: Sec. 8, Rule 51

The appellate court, as a general rule, can only resolve matters that were assigned as errors. If a part
of the decision was not assigned by the appellate court as an error committed by the trial court, then
the appellate court does not have jurisdiction to change the ruling of the lower court. But there are
situations when even if it’s not an assigned error, the CA or SC can rule on unassigned errors,
example:
(1) Jurisdiction over the subject matter
(2) Those unassigned errors that are closely related from the assigned errors may be ruled
upon by the court

The appellate court is clothed with ample authority to review matters even if they are not assigned
as errors in the appeal if it finds in their consideration that it is necessary in arriving at a just decision
of the case.

Rule 52: Motion for Reconsideration

Q: Can you file a Motion for Reconsideration (MR) before the CA?
A: Yes. And the period of time is 15 days from your receipt of the adverse judgment. You cannot file
a second motion for reconsideration before the CA.

Q: But can you file a second motion for reconsideration before the SC?
A: It is not a matter of right. So as held in one of the cases, there was a decision rendered by the SC.
And then when it was decided by the SC, there was MR filed- denied. And then there was a motion to
admit second MR that was filed. Before the SC could even resolve the motion to admit second MR, the
SC already issued an entry of judgment. The other party wanted to recall the entry of judgment
because there is a pending motion to admit second MR. The motion to admit second MR was granted.
But what did the SC say? The entry of judgment will run as a matter of course when there is no appeal.
What then is the remedy? File a motion to recall the entry of judgment. Or ask SC to issue a writ of
preliminary injunction to stay the execution.

So what is clear is this; only one MR, but the SC may grant and allow a second MR to be filed. “May”
it’s not a demandable right.
Q: Why does the SC allow that?
A: Because it is the court of last resort

The pendency of an MR, as a rule, shall stay the execution of the judgment unless the court directs
otherwise. The motion should not contain a notice of hearing if you file an MR before the CA and SC.

Rule 53: New Trial

Q: Can you file a Motion for New Trial (MNT) before the CA?
A: Yes. You can file an MNT before the CA at any time after the appeal from the lower court has been
perfected and before the CA loses jurisdiction over the case. But your ground should be newly
discovered evidence which could not have been discovered prior to the trial with the court below
despite due diligence, and which would probably change the result. Because if your evidence is
merely cumulative (same type of evidence) or corroborative (of different nature but proves the same
point) it will not alter the decision. It has to be evidence that is newly discovered that would probably
change the result. And the evidence (??) [44:03] should be accompanied by affidavits showing the
facts constituting the grounds therefor and the newly discovered evidence.

The CA shall consider the new evidence together with that adduced to the trial below and may grant
a new trial. This is one instance where the CA may receive evidence even in appealed cases.
Remember that the CA in the exercise of its appellate or original jurisdiction can receive evidence
because the CA is also a court that can try facts. It is only SC that cannot try facts.

Q: Can the SC, in Rule 45, evaluate the evidence below?

A: As a general rule, no. But there are exceptions. If I file a petition before the CA, of a petition for the
issuance of a writ of amparo- denied and I brought it up to the SC via Rule 45, can I raise factual
issues? Yes. When you appeal via rule 45, you can raise factual issues. By law, the SC is allowed to
resolve factual issues.

Heirs of Montinola vs CA
The MNT here is not substantial compliance with Rule 53. The affidavit of the witness was already
presented during the hearing is hardly sufficient to justify the MNT.
(1) Because the evidence was already present at the time he presented the case
(2) Because the alleged new witnesses were all unnamed
(3) And the allegations in the affidavit are merely conclusions of law and not statement of
facts
(4) The new evidence presented is merely corroborative / cumulative hence it will not alter
the decision of the case

Navarra vs CA
There are only two situations where the court can grant MNT: (1) before the trial court (Rule 47) (2)
before the CA (Rule 53). You do not file MNT before the SC.

Cuenca vs CA (one of the exceptions)

The accused was convicted of estafa. Conviction affirmed by the CA. Conviction affirmed by the SC.
But the accused filed MNT alleging that actually the president of the company was the one in charge.
Despite the fact that the evidence is supposed to have existed already when the case was filed, still
the SC, because there was no objection from the OSG, remanded the case to the lower court for further
presentation of evidence and set aside the decision of conviction.

Internal publication of judgments and final resolutions, decisions of the CA and SC have to be
published.

Rule 56: Original / Appealed Cases

A.M. No. 10-3-7-SC (Re: proposed rules on E-filing)

- when you file a pleading before the SC, it must be accompanied by a disc or a flash drive.

A.M. No. 11-9-4-SC (Re: Rule for the efficient use of paper)
-there are measurements: single-space, 14

Q: With respect to Rule 56, what are the original cases cognizable by the SC?
A: Petitions for Certiorari, Prohibition, Mandamus, Quo Warranto, Habeas Corpus, even RTC and CA
have concurrent jurisdiction with these cases. But please do not forget your Hierarchy of Courts rule.

Q: What are the other original cases cognizable by the SC?

A: Disciplinary proceedings with the member of the bar and bench, cases affecting ambassadors

Q: What is the mode of appeal?

A: An appeal with the SC may be taken only via Petition for Review on Certiorari except in criminal
cases where the penalty imposed is death, reclusion perpetua or life imprisonment.

The appeal should be governed by and disposed of in accordance with the applicable provisions of
the constitution, laws. The appeal before the SC may be dismissed motu proprio or on a motion by
the respondent for the following grounds:
(1) failure to take an appeal within the reglementary period
(2) lack of merit
(3) failure to pay the requisite docket fees and other lawful fees
(4) failure to comply with the requirements of proof of service
(5) error on the choice or mode of appeal

When it is Notice of Appeal:

- MTC  RTC
- RTC acting on its original jurisdiction to the CA
- no certificate of non-forum shopping needed
- title: Appellant vs Appellee
- period to appeal: 30 days (for cases involving multiple appeals)
- as a general rule: stays the execution, but there are exceptions
- you cannot extend your period to file Notice of Appeal (same with Rules 42,43,45)
- based on mixed questions of fact and law
- records are elevated to the appellate court
Q: Where do you file the notice of appeal?
A: file it with the court of origin

Q: Where do you pay the docket fee?

A: pay it with the court of origin

Petition for Review (Rules 42, 43, 45):

- You file the petition with the appellate court, you pay the docket fee with the appellate court
- certificate of non-forum shopping is required
- title: Petitioner vs Respondent
- period to file: 15 days regardless of the nature of the action
- Rule 42- stayed execution except those decided under the Rules of Summary Procedure
- Rule 43- the appeal to the CA, as a general rule, is not stayed
- Rules 42, 43- based on mixed questions of fact or law or both
- Rule 45- always questions of law
- you can file a motion in the reglementary period and upon payment of the filing fee a motion for
extension of time to file the physical petition. But you have to do it within the reglementary
period
- records are not elevated unless required by the appellate court
- when you file a petition for review, you have to copy furnish even the courts below and of course
with the adverse party.

Except as provided therefor in section 3, rule 122, regarding appeals in criminal cases where the
penalty imposed is death, reclusion perpetua or life imprisonment, an appeal taken to the SC by
notice of appeal shall be dismissed. Because the proper mode is Rule 45 and there are no factual
issues.

If the original action commenced in the SC, if the opinion is equally divided, the petition will be
dismissed. If the opinion of the court is equally divided, the decision on appeal is affirmed. On all
incidental matters, the petition or motion shall be denied.

Q: You have an adverse decision from the SC, can you file a motion for reconsideration with the prayer
that it should be heard by the SC en banc?
A: No. The SC will decided whether that case will be heard by the en banc or not.

Q: When are cases decided by the en banc?

A: (1) cases where it involves the constitutionality of law or treaty
(2) criminal cases especially when the appealed decision involves death
(3) cases raising novel questions of law
(4) cases involving ambassadors, other public ministers and consuls
(5) cases involving the CSC, COMELEC and COA
(6) cases where the penalty is one of dismissal of a judge, officer of the judiciary, disbarment of a
lawyer
(7) cases where a doctrine or principle will now have to be modified or reversed
(8) cases assigned in a division in which the opinion of at least 3 members thereof merit the attention
of the court en banc
(9) all other cases of the court en banc by vote of majority may be deemed of sufficient importance
to merit its attention

PROVISIONAL REMEDIES
- temporary remedy
- available during the pendency of the action of the litigant to protect his rights and interests for
the purpose of the ultimate effects of a final judgment
- because it is only ancillary, if the court does not have jurisdiction over the main case, then it
follows that it does not have jurisdiction to issue the temporary remedy
- GR: even in inferior courts, the MTC can grant all provisional remedies provided that the main
action is in its jurisdiction

Q: The only provisional remedy that cannot be granted by the MTC

A: Support pendente lite, it’s only the RTC, acting as a family court, that can act on original
complaint for support

Q: When can the remedies be availed of?

A: -Preliminary attachment and preliminary injunction may be availed of at any stage but
before entry of final judgment, which means if it’s appealed, you can ask for the issuance of
WPA/ WPI
- Receivership may be availed of at any stage of the action and can even be availed of after final
judgment (Rule 39, Section 41)
- Writ of Replevin must be availed of before the defendant files his answer
- Support pendente lite- any stage, even for the first time on appeal

Rule 57: Preliminary Attachment

(01: 24: 56) case??

-The SC said when the RTC lost its jurisdiction over the main case, it necessarily follows that it no
longer has the authority to rule on all ancillary matters. Therefore, following the ruling, since the
nature of a preliminary attachment is a matter that cannot be subject of a separate action because it
is dependent on a real action, if the main action is no longer within the jurisdiction of the trial court,
then the trial court cannot issue a provisional remedy. Being merely ancillary to a principal
proceeding, the attachment must fail because it cannot be maintained as a separate suit because there
is no more main suit. So where the main action is appealed and the attachment which has been issued
is an incident to that action, it is also considered as appealed and removed from the jurisdiction of
the lower court. Hindi s’ya kasama sa residual jurisdicition.

Q: What is the purpose of WPA?

A: (Sec. 1, Rule 57) “at the commencement of the action” (Davao Light case) means the filing of the
complaint. “Before entry of judgment”, what does that mean? It is possible that you can file for the
issuance of WPA even on appeal. “The plaintiff or any proper party”- it is not only the plaintiff who
can ask for the issuance of WPA, the defendant, insofar as his counterclaims are concerned, can ask
for the issuance of WPA. “As security for the satisfaction of any judgment” which means the case
involves an unsecured debt. You cannot ask for a WPA when the debt is already secured. However,
you can ask if the security is insufficient.

Q: Give me examples of a secured debt

A: Real Estate Mortgage, Pledge, Continuing Surety Agreement

Q: What is the purpose of WPA?

A: -First, it is to seize the property of the debtor in advance of the final judgment and to hold it for the
purposes of satisfying the said judgment
-Second, to enable the court to acquire jurisdiction over the action by actual and constructive
seizure of the property in those instances that the personal service of summons on the debtor
cannot be effected. “In an action against a party who does not reside and is not found in the
Philippines, or on whom summons may be served by publication.” which means, under sec. 15 of
Rule 14, you can convert an in personam case to a quasi in rem case by attaching a property. Notice
to the other party is only by way of complying with the due process clause but it will not deprive
the court from proceeding with the case because the court now has acquired jurisdiction over the
res.

If your case is purely for moral damages, for example:

I filed a case against Joshua, because when I called Joshua for recitation, instead of answering,
he started shouting at me, besmirching my good reputation, and then started slapping me. And then
I sued him for moral damages.

Q: Can I ask for the issuance of a WPA?

A: No. Because the damages I seek are all unliquidated damages. If it’s pure, unliquidated damages,
hindi ka pwedeng humingi ng WPA over the unliquidated.

Q: So if there is actual damages, can you ask?

A: Not necessarily. Because even if it’s actual, the party (the person against whom you want the
preliminary attachment to issue) is about to depart from the Philippines with intent to defraud the
creditors

01:37:07