Civil Procedure - Appeals

Question 1

Define Appeal.

Answer 1

A proceeding by which a party seeks from a higher court the review of a judgment or final order of a lower court on the ground that the judgment or final order is against the evidence or the law.

Question 2

Is an appeal constitutional in nature or statutory in nature?

Answer 2

Statutory.

Question 3

What may be appealed?

Answer 3

An appeal may be taken from a:
1. Judgment
2. Final order that completely disposes of the case
3. Particular matter in the case when declared by the Rules to be appealable.
(S1R41)

Question 4

Give 3 examples of particular matter that may be appealable under the Rules.

Answer 4

1. Order of an expropriation
2. Order of partition
3. Order allowing/disallowing a will

Question 5

What instances require a Record of Notice on Appeal?

Answer 5

A record of notice on appeal is required when the case involves a multiple or separate appeals or in special proceedings.

Question 6

Until when are you allowed to file a record of notice on appeal?

Answer 6

Within 30 calendar days from notice of the order.

Question 7

What is the criterion in an appeal? Grave abuse of discretion or reversible error?

Answer 7

Reversible error.

Question 8

Appeals in Rules of Court?

Answer 8

Rule 41 - 43

Question 9

Rule 40

Answer 9

Appeal from the Municipal Trial Courts to the Regional Trial Courts

Question 10

Rule 41

Answer 10

Appeal from the Regional Trial Courts

Question 11

Rule 42

Answer 11

Petition for review from the Regional Trial Court to the Court of Appeals

Question 12

Rule 43

Answer 12

Appeal from the Court of Tax Appeals and Quasi-Judicial Agencies to the Court of Appeals.