1. The document discusses the distinction between final and interlocutory orders, with final orders completely disposing of a case or matter while interlocutory orders leave issues still pending.
2. It outlines what orders are appealable under Rule 41, Section 1, including judgments or final orders that completely dispose of a case or particular matter. Interlocutory orders and certain other orders are not appealable.
3. The steps in perfecting appeals are discussed for different types of decisions, including from MeTC, RTC, DENR, HLURB, and CTA. The procedures and timelines for filing a notice of appeal vary depending on the issuing body.
1. The document discusses the distinction between final and interlocutory orders, with final orders completely disposing of a case or matter while interlocutory orders leave issues still pending.
2. It outlines what orders are appealable under Rule 41, Section 1, including judgments or final orders that completely dispose of a case or particular matter. Interlocutory orders and certain other orders are not appealable.
3. The steps in perfecting appeals are discussed for different types of decisions, including from MeTC, RTC, DENR, HLURB, and CTA. The procedures and timelines for filing a notice of appeal vary depending on the issuing body.
1. The document discusses the distinction between final and interlocutory orders, with final orders completely disposing of a case or matter while interlocutory orders leave issues still pending.
2. It outlines what orders are appealable under Rule 41, Section 1, including judgments or final orders that completely dispose of a case or particular matter. Interlocutory orders and certain other orders are not appealable.
3. The steps in perfecting appeals are discussed for different types of decisions, including from MeTC, RTC, DENR, HLURB, and CTA. The procedures and timelines for filing a notice of appeal vary depending on the issuing body.
1. The document discusses the distinction between final and interlocutory orders, with final orders completely disposing of a case or matter while interlocutory orders leave issues still pending.
2. It outlines what orders are appealable under Rule 41, Section 1, including judgments or final orders that completely dispose of a case or particular matter. Interlocutory orders and certain other orders are not appealable.
3. The steps in perfecting appeals are discussed for different types of decisions, including from MeTC, RTC, DENR, HLURB, and CTA. The procedures and timelines for filing a notice of appeal vary depending on the issuing body.
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Graciela May R.
Pelagio JD-302 Appellate Practice and Brief Making
Fiscal Venancio Padilla
MIDTERMS EXAM
1. Distinguished Final and Interlocutory Order
If the order or resolution, however, merely resolves incidental matters and leaves something more to be done to resolve the merits of the case, the order is interlocutory and the aggrieved partys remedy is a petition for certiorari under Rule 65. Jurisprudence pointedly holds that: As distinguished from a final order which disposes of the subject matter in its entirety or terminates a particular proceeding or action, leaving nothing else to be done but to enforce by execution what has been determined by the court, an interlocutory order does not dispose of a case completely, but leaves something more to be adjudicated upon. The term final judgment or order signifies a judgment or an order which disposes of the case as to all the parties, reserving no further questions or directions for future determination. On the other hand, a court order is merely interlocutory in character if it leaves substantial proceedings yet to be had in connection with the controversy. It does not end the task of the court in adjudicating the parties contentions and determining their rights and liabilities as against each other. In this sense, it is basically provisional in its application
2. What orders are appealable?
Rule 41, Section 1. Subject of appeal. An appeal may be taken from a judgment or final order that completely disposes of the case, or of a particular matter therein when declared by these Rules to be appealable. No appeal may be taken from: (a) An order denying a motion for new trial or reconsideration; (b) An order denying a petition for relief or any similar motion seeking relief from judgment; (c) An interlocutory order; (d) An order disallowing or dismissing an appeal; (e) An order denying a motion to set aside a judgment by consent, confession or compromise on the ground of fraud, mistake or duress, or any other ground vitiating consent; (f) An order of execution; (g) A judgment or final order for or against one or more of several parties or in separate claims, counterclaims, cross-claims and third-party complaints, while the main case is pending, unless the court allows an appeal therefrom; and (h) An order dismissing an action without prejudice. In all the above instances where the judgment or final order is not appealable, the aggrieved party may file an appropriate special civil action under Rule 6
Graciela May R. Pelagio JD-302
3. Outline the steps/procedure in perfecting an appeal
a) Decision in an ejectment case from MeTC Under the Rules of Court, the immediate enforcement of a writ of ejectment execution is carried out by giving defendant notice of such writ, and making a demand that defendant comply therewith within a reasonable period, normally from three (3) to five (5) days, and it is only after such period that the sheriff enforces the writ by bodily removal of the defendant and his personal belongings. 1
b) Decision in a civil case entered by RTC
Rule 41, Section 9. Perfection of appeal; effect thereof. A party's appeal by notice of appeal is deemed perfected as to him upon the filing of the notice of appeal in due time. A party's appeal by record on appeal is deemed perfected as to him with respect to the subject matter thereof upon the approval of the record on appeal filed in due time. In appeals by notice of appeal, the court loses jurisdiction over the case upon the perfection of the appeals filed in due time and the expiration of the time to appeal of the other parties. In appeals by record on appeal, the court loses jurisdiction only over the subject matter thereof upon the approval of the records on appeal filed in due time and the expiration of the appeal of the other parties. In either case, prior to the transmittal of the original record or the record on appeal, the court may issue orders for the protection and preservation of the rights of the parties which do not involve any matter litigated by the appeal, approve compromises, permit appeals of indigent litigants, order execution pending appeal in accordance with 2 of Rule 39, and allow withdrawal of the appeal. (9a)
c) Judgment rendered by Regional Director of DENR
2
DENR Administrative Order No. 87, Series of 1990 provides that
SECTION 1. Perfection of Appeals.
(a) Unless otherwise provided by law or executive order, appeals from the decisions/orders of the DENR Regional Offices shall be perfected within fifteen (15) days after receipt of a copy of the decision/order complained of by the party adversely affected, by filing with the Regional Office which adjudicated the case a notice of appeal, serving copies thereof upon the prevailing party and the Office of the Secretary, and paying the required fees.
1 Reformina v. Adriano 9 and City of Manila v. Court of Appeals
(b)If a motion for reconsideration of the decision/order of the Regional Office is filed and such motion for reconsideration is denied, the movant shall have the right to perfect hisappeal during the remainder of the period for appeal, reckoned from receipt of the resolution of denial. If the decision is reversed on reconsideration, the aggrieved party shall have fifteen (15) days from receipt of the resolution of reversal within which to perfect his appeal. (c) The Regional office shall, upon perfection of the appeal, transmit the records of the case to the Office of the Secretary with each page numbered consecutively and initialed by the custodian of the records. SECTION 6. Applicability of the Rules of Court. The Rules of Court shall apply when not inconsistent with the provisions hereof. d) Decision rendered by arbiter of HLURB Section 15 of Presidential Decree No. 957 provides that the decisions of the National Housing Authority (NHA) shall become final and executory after the lapse of fifteen (15) days from the date of receipt of the decision. Second, Section 2 of Presidential Decree No. 1344 states that decisions of the National Housing Authority shall become final and executory after the lapse of fifteen (15) days from the date of its receipt. The latter decree provides that the decisions of NHA is appealable only to the Office of the President. Further, we note that the regulatory functions of NHA relating to housing and land development has been transferred to Human Settlements Regulatory Commission, now known as HLURB.8 Thus, said presidential issuances providing for a reglementary period of appeal of fifteen days apply in this case. Accordingly, the period of appeal of thirty (30) days set forth in Section 27 of HLURB 1994 Rules of Procedure no longer holds true for being in conflict with the provisions of aforesaid presidential decrees. For it is axiomatic that administrative rules derive their validity from the statute that they are intended to implement. Any rule which is not consistent with statute itself is null and void. 3
e) Decision rendered by CTA
Rule 43, Section 4. Period of appeal. The appeal shall be taken within fifteen (15) days from notice of the award, judgment, final order or resolution, or from the date of its last publication, if publication is required by law for its effectivity, or of the denial of petitioner's motion for new trial or reconsideration duly filed in accordance with the governing law of the court or agency a quo. Only one (1) motion for reconsideration shall be allowed. Upon proper motion and the payment of the full amount of the docket fee before the expiration of the reglementary period, the Court of Appeals may grant an additional period of fifteen (15) days only within which to file the petition for review. No further extension shall be granted except for the most compelling reason and in no case to exceed fifteen (15) days. (n) 4. What judgments, decisions or orders are proper subjects of Petition for Certiorari under Rule 65.
Certiorari is a writ issued by a superior court to an inferior court of record, or other tribunal or officer, exercising a judicial function, requiring the certification and return to the former of some proceeding then pending, or the record and proceedings in some cause already terminated, in cases where the procedure is not according to the course of the common law. The remedy is brought against a lower court, board, or officer rendering a judgment or order and seeks the annulment or modification of the proceedings of such tribunal, board or officer, and the granting of such incidental reliefs as law and justice may require It is available when the following indispensable elements concur, to wit: 4
1.
That it is directed against a tribunal, board or officer exercising judicial
or quasi-judicial functions;
2.
That such tribunal, board or officer has acted without or in excess of
jurisdiction or with grave abuse of discretion; and
3.
That there is no appeal nor any plain, speedy and adequate remedy in the ordinary course of law.
Certiorari being an extraordinary remedy, the party who seeks to avail of the same must strictly observe the rules laid down by law. The extraordinary writ of certiorari may be availed of only upon a showing, in the minimum, that the respondent tribunal or officer exercising judicial or quasi-judicial functions has acted without or in excess of its or his jurisdiction, or with grave abuse of discretion.
5. Distinguished Petition for Certiorari under Rule 65 as a mode of Appeal
from a Petition for review on Certiorari under Rule 45 A petition for review is a mode of appeal under Rule 65. A petition for review seeks to correct errors of judgment committed by the court, tribunal, or officer. When a court, tribunal, or officer has jurisdiction over the person and the subject matter of the dispute, the decision on all other questions arising from the case is an exercise of that jurisdiction. Consequently, all errors committed in the exercise of said jurisdiction are merely errors of judgment. 5
A special civil action for certiorari is an extraordinary process for the correction of errors of jurisdiction stated under Rule 45. The extraordinary remedy of certiorari is proper if the tribunal, board, or officer exercising judicial or quasi-judicial functions acted without or in grave abuse of discretion amounting to lack or excess of jurisdiction and there is no appeal or any plain, speedy, and adequate remedy in law
6. What is petition for Relief from judgment? When is it available and
within what period(s) will it is valid? RULE 38, Section 1 states that Relief from Judgments, Orders, or Other Proceedings,. Petition for relief from judgment, order, or other proceedings. When a judgment or final order is entered, or any other proceeding is thereafter taken against a party in any court through 4 http://sc.judiciary.gov.ph/jurisprudence/2011/august2011/156358.htm 5 http://sc.judiciary.gov.ph/jurisprudence/2008/november2008/175006.htm
Graciela May R. Pelagio JD-302
fraud, accident, mistake, or excusable negligence, he may file a petition in such court and in the same case praying that the judgment, order or proceeding be set aside.
