Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Civil Procedure 2 > Galleon Lecture 2nd Week > Flashcards

Galleon Lecture 2nd Week Flashcards

Rule 40-45, 50, 65 (?)

You may prefer our related Brainscape-certified flashcards:
Civil Procedure 1L flashcards
1
Q

BLOCK 402

A

BLOCK 402

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What is the rule on appeal re: MTC Cadastral Cases

LB

A

Generally, an appeal from a judgement or final order of the MTC may be taken to the RTC exercising JD over the area to which the former pertains

The Exception, the MTC is granted delegated JD in Cadastral & Land Registration cases such that its decision is appealable in the same manner as decisions of the RTC [hence] the appeal shall be taken to the CA

LB: BP 129 Sec. (34)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Enumerate those not subject to appeal [and] their other modes/remedies (mandamus, prohibition, etc.)

DONT MIND THSI GPT CARD SA

A
  1. Interlocutory Orders
    - Certiorari R65
  2. Denial of MR/NT
    - Certiorari R65
  3. Denial of Petition for Relief
    - Certiorari R65
  4. Orders of Execution
    - Certiorari R65
  5. Orders Disallowing/Dismissing Appeal
    - Certiorari R65
  6. Orders Denying Injunction
    - Certiorari R65
  7. Orders in Summary Proceedings
    - Certiorari R65, Prohibition, or Mandamus
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Knowledge check: what falls under the JD of MTC on recovery of ownership of real property amounting to

  • 300k
    -1M
A

MTC has JD over these money claims governed by __

LB?

This isnt money claim its a Real Action
A.M.-08-8-7-SC - Money Claims Not Exceeding 1,000,000.00

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What if the money claim is 1,500,000.00?

check on the RA 11576 of 1,000,001-2M is governed now by simmaey procedure

A

The JD falls under the first-level courts, but will no longer be governed by small claims proceedings outlined in AM-08-8-7-SC but on the Revised Rules on Summary Procedure

RA 11576 - 2,000,000.00 (JD amount cognizable by 1st level courts for civil actions monetary claims)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What are the Cases that fall under Small Claims?

A

[A] Money owed under any of the ff:
- C. of Lease
- C. of Loan
- C. of Service
- C. of Sale
- C. of Mortgage

[B] Damages arising from any of the ff:
- Faut or Negligence
- Quasi-contract; or
- Contract

[C] Enforcement of Brgy. Amicable Settlement [or] an Arbitration Award involving a money claim (less than P1M) provided that ni execution has been enforced by the brgy within 6 months from the date of settlement or date of receipt of award or from the date of obligation stipulated or adjudged in the arbitration award becomes due and demandable [apple]

LB: Sec. (4) A.M. 08-8-7-SC

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

R40 Sections:

1 -
2 -
3 -
4 -
5 -
6 -
7 -
8 -
9 -

A

1 - Where to A
2 - When to A
3 - How to A
4 - Perfection of A; effect thereof
5 - Appellate court docket and other lawful fees
6 - Duty of clerk of court
7 - procedure in RTC
8 - appeal from orders dismissing case w/o trial; lack of JD
9 -applicability of Rule 41

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

R40 S1

A

An appeal from a judgment [or] final order of a MTC may be taken to the RTC exercising JD over the area to which the former pertains.

The title of the case shall remain as it was in the court of origin, but the party appealing the case shall be further referred to as the appellant and the adverse party appellee

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

R40 S2

A

An appeal may be taken w/in 15 days [after] notice to the appellant of the judgment or final order appealed from (want to challenge thru appeal)

Where a record on appeal is required, the appellant shall file a noticed of appeal [and] a record on appeal within 30 days [after] notice of judgment or final order

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

R40 S3

A

The appeal is taken by filing a notice of appeal with the court that rendered the judgment or final order appealed from. The NoA shall indicate:
1. the parties to the appeal
2. the judgment or final order or part thereof appealed from, and
3. state the material dates showing the timeliness of the appeal

(par. 2)
a RoA shall be required [only] in special proceedings [and] in other cases of multiple or separate appeals

(par. 3)
The form [and] contents of the RoA shall be as provided in Sec. 6 R41

(par. 4)
Copies of NoA [and] RoA where required, shall be served on the adverse party

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

R40 S4

add the provision in sec 9 rile 41

A

The perfection of the appeal [and] effect shall be governed by the provisions of Sec. 9 Rule 41

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

R40 S5

onclude the section subtitle sa answer

A

W/in the period of taking an appeal, the appellant shall pay to the CoC which rendered the judgment or final order appealed from the [full] amount of the appellate court docket [and] other lawful fees.

Proof of payment thereof shall be transmitted to the appellate court together with the original record [or] record on appeal

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

R40 S6

A

W/in (15) days from the perfection of the appeal, the CoC [or] Br. CoC of the lower court transmit:

  • the original record [or] RoA
  • tog. w/ the transcripts [and] exhibits
  • which he shall certify as complete,

to the proper RTC.

A COPY of his letter of transmittal of the records to the appellate court shall be furnished the [parties]

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

R40 S7

A

[par. A]
Upon receipt of the complete record [or] RoA, the CoC of the RTC shall notify the parties of such fact.

[par. B]
W/in 15 days from such notice, it shall be the duty of the appellant to submit a MEMORANDUM which shall briefly discuss the errors imputed to the lower court, a copy of which shall be furnished by him to the adverse party.

W/in 15 days from receipt of the appellant’s memorandum, the appellee may file his memorandum

  • Failure of the appellant to file a memorandum shall be a ground for dismissal of the appeal

[par. C]
Upon filing of the memorandum of the appellee, [or] the expiration of the period to do so, the case shall be submitted for DECISION.

the RTC shall decide the case in the basis of the entire record of the proceedings had in the court of origin [and] such memoranda as are filed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

R40 S8

A

Appeal from orders dismissing case without trial; lack of JD

— If an appeal is taken from an order of the LOWER court dismissing the case W/O a trial on the merits, the RTC [may] affirm {or} reverse it. as the case may be.

In case of AFFIRMANCE [and] ground is lack of JD over SM, the RTC, if it has JD thereover, shall try the case on the merits [AS IF] the case was originally filed with it.

In case of REVERSAL, the case shall be remanded for further proceedings

IF THE CASE WAS TRIED on the merits by the lower court w/o JD over the SM, the RTC on appeal shall NOT dismiss the case IF IT HAS original JD thereof, but shall decide the case in accordance with the preceding section, [without prejudice] to the ADMISSION OF:

  • amended pleadings (and)
  • additional evidence in the interest of justice.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

focus also on the dismissal without prejudice exception to the rule: no jurisdiction over the subject matter under rule 40 section 8

deyeet this

A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

R40 S9

A

Applicability of Rule 41
— The other provisions of Rule 41 shall apply to appeals provided herein insofar as they are not inconsistent with [or] may serve to supplement the provisions of this Rule.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Filed in MTC > dismissed > filed in RTC under R65 > denied > raised pure questions of LAW

What would be next course of action?

A

If the case involves pure questions of law after the denial of the petition under Rule 65 in the RTC, the next proper course of action would be to file a Petition for Review on Certiorari under Rule 45SC

Rule 45 is specifically for cases involving pure questions of law, which means no factual issues are involved, and the issue concerns the correct interpretation or application of law.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Insofar as Real Property is concerned, which court has JD over real property valued at

  • 400k >
  • < 400k

LB

A

BP 129

RTC — 400k> Sec. 19(2)
MTC — <400k Sec. 33(3)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Filed in MTC > dismissed > Filed RTC under R65 > denied > raising pure questions of LAW

next course of action?

A

Here, the decision of the Regional Trial Court in the exercise of its appellate jurisdiction is appealed to the Court of Appeals by filing a petition for review under r45, not just by a mere notice of appeal or a record on appeal, [on questions of fact, or even purely of law, or mixed questions of fact and law]

Conversely, even if decision rendered by the Regional Trial Court in the exercise of its appellate jurisdiction is to be reviewed on pure question of law, the remedy is petition for review with the Court of Appeals under Rule 42 of the Rules of Court, not petition for review on certiorari with the Supreme Court under Rule 45, as this later remedy, as applied to decision of the Regional Trial Court, is only applicable where what is to reviewed on pure question of law is a decision rendered by the Regional Trial Court in the exercise of its original jurisdiction (Almendras vs. South Davao Dev’t. Corp., Inc., G.R. No. 198209, March 22, 2017);

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Filed in MTC > dismissed > Filed RTC petition under R65 > denied > raising pure questions of FACT

what is the correct course of action?

this situation means RTC dismissed a wrong appeal(?)

A

The RTC, exercising its appellate JD is appealed to the CA by filing a petition for review under Rule 42 involving question of act, [or] even purely of law [or] mixed question of fact & law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

In what cases is the right to appeal demandable as a matter of right / where Congress cannot take away the remedy of appeal?

A
  1. Sec. 5, par. 2(d) Article VIII of the 1987 Constitution
    - All criminal cases in which the penalty imposed is RP or higher (PP v. Mateo)
  2. Sec. 5 par. 2(e)
    - All cases in which ONLY an error [or] ONLY a question of law is involved
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Why is judgment by compromise NOT appealable?

A

It is immediately executory

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

An action for recovery of a real property with an assessed value of 1M was filed in the MTC. The defendant sought the dismissal of the case of lack of JD

a. Does MTC have JD?
b. What is the threshold (assessed value) for real actions
c. Is the dismissal without prejudice
d. Can the dismissal without prejudice on the ground of lack of JD be appealed?

A
  1. No
  2. <400k for real actions to be cognizable in the MTC
  3. Yes bc the dismissal on the ground trial court has no JD over SM is one without prejudice as the party can file it in the proper court which is why it is NOT appealable
  4. Yes (R40 S8[?]), upon appeal from the MTC w/o trial , RTC may [affirm or reverse] the order of dismissal
    - [AFFIRMED] - RTC may take over the case if it has JD over it
    - [REVERSED] - Case remanded to MTC
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

A real action where property’s assessed value is 1M was filed in the MTC > d

  • does MTC have no JD?
  • MTC dismiss case on ground of lack of JD, can dismissal be appealed?
A
  1. No JD
  2. Yes, R40 S8
26
Q

Real Action > 300k > RTC > RTC have JD?

  • If case dismissed for lack of JD, can this be appealed in the CA?
  • What is the proper remedy if any?
A
  1. No
  2. NO, Sec. 8 R40 only applied to cases filed originally with the MTC.
  3. Proper remedy is to refile the real action in the proper court; MTC
27
Q

Real Action > 1M > MTC > Dismissed > Lack of JD over SM > Plaintiff Appealed RTC

  • How would you Rule, RTC?
  • RTC renders decision > remedy of aggrieved party?
A

Affirm the dismissal of the case, try the case as if it was originally filed therein.

  • **Ordinary Appeal, Rule 41 because the RTC is exercising its Original JD
28
Q

Real Action > 1M > MTC > Rendered Judgment (presupposes trial) > Appealed to RTC

  • How would you rule, RTC?
  • RTC renders decision > Remedy of Agrvd?
A

Do not dismiss the case. > Assume JD over the case as if the case was originally filed with it. > Review the evidence on record w/o need for conducting trial de novo > without prejudice to admission of:
- amended pleadings, and
- additional evidence in the interest of justice

  • Ordinary Appeal, R41 as the RTC was exercising original JD
29
Q

Real Action > 300k > MTC > (no trial) Dismissed on ground of lack of JD > Appealed to RTC

How will you rule, RTC?
What is the remedy for the Agrvd?
Why is such the remedy?

A
  1. Reverse dismissal & remand to the MTC
  2. Certiorari & Injunctive Relief
    R65 requires:
    - no other [psa] plain, speedy, adequate remedy
    - grave abuse of discretion amounting to lack of JD [or] excess of JD
    • ## Appeal of an interlocutory order is prohibited (bc any order it would be impractical to appeal several orders which explains why an appeal is done on the judgment or final order to assail them all at once)
30
Q

Real Action > 200k > MTC rendered Judgment >

Remedy of Agrvd?

A
  • Ordinary Appeal R40
  • MR (R37)
31
Q

Real Action > 200k > MTC rendered Judgment >

Remedy of Agrvd?

[cont.]
- Is the filing of an MR a condition sine qua non (essential) before appeal may be had?

  • where to file notice of appeal?
A
  1. No
  2. MTC which is the court of origin
32
Q

knowledge check: which court has JD over an Ejectment Case with a property valued at:

  • 2.5M
  • 250K
A

Ejectment Case regardless of assessed property involved [and] amount of rentals demanded falls under the exclusive JD of the MTC

33
Q

What is the remedy of the aggrieved party from a judgment under the Rule on Small Claims?

gen rule and exc

A

The decision under Rule on Small Claims shall be final, executory [and] UNAPPEALABLE.

Exc, there may be a general remedy for grave abuse of discretion under R65 of RoC

A.M. 08-8-7-SC - FAQ

34
Q

how should the judgment of FLC be appealed under the rule on Summary Procedure of The expedited procedures?

A

any final jdgmnt/ordr/rsltn in a Summary Procedure may be **appealed to the RTC exercising JD over the territory under R40 in civil and R122 in criminal cases

Appeal done by filing a notice of appeal

A.M. 08-8-7-SC: FAQ

35
Q

Ejectment Case > MTC rendered decision

  • Remedy of Agrvd
  • Is MR a remedy?
A
  • Notice of Appeal (R40)
  • NO ejectment.case falls under the Rules of Summary Procedure where MR is prohibited
36
Q

Real Action > 200k > MTC rendered judgment > Appeal to RTC > decision affirmed in toto (in total) of the MTC

  • Remedy of agrvd?
  • Where to file such remedy?
  • If questions raised on appeal are pure questions of LAW, what is proper remedy?
A
  1. Petition for Review (R42)
  2. CA (i thot in RTC still but as the name suggests, it is asking for review so it should be to the higher court)
  3. Petition for review (R42) and NOT ~appeal by certiorari (r45)~ because the latter requires the RTC to exercise it’s OG JD (insofar as pure questions of law is concerned**
37
Q

Ejectment > MTC > Appealed to RTC > RTC renders decision

can you appeal?

A

final and executory na ang decision by RTC

OCA 69-2022

38
Q

Real Action > 300k > Agrvd Party received copy of adverse Ruling on Aug. 1 (assume work day)

  • When will be the last day of the period to appeal?
  • What if an MR was filed on Aug 10 & denial of MR was on Aug 16, when is last day to file a notice of appeal?
A
  • Aug. 16 (assume work day)
  • Aug. 31 (Fresh period rule)
39
Q

BLOCK 401 QUESTIONS

A

BLOCK 401 QUESTIONS

40
Q

APPEAL BY CERTIORARI (R45)

v.

CERTIORARI (R65)

period - [pppprddss]

A

[PARTIES]
45 - OG parties w/ petitioner as appellant and respondent as the adverse w/o impleading lower court or judge
65 -
tribunal, board, officer, judicial or quasi-judicial function is impleaded as PRIMARY respondent [with] adverse party in the lower court as PRIVATE respondent
- [tboq.j] - ‘tibuok jd’

[PROCESS]
45 - continuation of appellate process over original case
65 - original action & not a mode of appeal

[PLACE]
45 - SC
65 - SC, CA, SB, RTC (observing Hierarchy of Courts)

[PERIOD ]
45 - (15) from notice of jdgmnt/ordr appealed from [or] denial of MR/NT
65 - not later than (60) days

[RAISES]
45 - only questions of LAW
65 - question of JD

[DIRECTED Against]
45 - review final jdgmnt/orders
65 - directed against interlocutory orders [or] where no appeal or plain, speedy, inadequate remedy is available

[Denial]
45 - [SC] motu propio deny on the ground that appeal is:
- without merit
- prosecuted manifestly for delay
- question raised is unsubstantial to require consideration

65 - [courts] same grounds as 45 +
- award respondent treble costs solidarily against petitioner & counsel
- ADMINISTRATIVE sanctions to counsel
- courts may impose motu propio based on res ipsa loquitur DISCIPLINARY sanctions

[Sine Qua Non] (Condition Precedent)
45 - NOT require MR
65 - REQUIRED MR (w/ exc.)

[Staying]
45 - stays the judgment appeal from
65 - does NOT stay unless enjoined/restrained

41
Q

Why Rule 45 cannot be availed of in Criminal Cases?

Why must it go thru CA?

A

[A]
- Rule 45 involves question of LAW in civil and special civil cases
- whereas Criminal Cases are questions of FACT

[B]
- JD of CA (BP 129 (Sec. 9))
- CA functions as a fact-finding court whereas the SC is not a trier of facts
- Doctrine of Hierarchy of Courts

42
Q

MTC > recovery of parcel of land > Not Exceeding 400k > appealed > RTC renders judgment

Agrvd Party’s Remedy?

A

Notice of Appeal (R40)

43
Q

If you want to appeal from quasi-judicial bodies, what ode of appeal do you use?

Scenario: Civil Service Commission prohibits those who failed the CSC exam by a circular

A

File a Petition for Review (R43 Sec. 5 in rel’t to Sec. 1)

44
Q

can you file MR with the Labor Arbiter?

Can you file an MR from the decision of the NLRC, affirming the decision of the LA

A

[A]
No, the proper remedy is to file a
Notice of appeal to the NLRC

[B]
No, the proper remedy is to file a petition for review under Rule 43

45
Q

How would you characterize the NLRC?

A

NLRC functions as a quasi-judicial agency but the proper remedy is R65 as R43 prohibits decisions from the DOLE or NLRC

such that NLRC’s decisions can be appealed through a petition for review with the CA under R43, similar to other quasi-judicial bodies listed

46
Q

RTC appeal pure question of law

course of action?

A

1st answer [WRONG]Petition for Review under Rule 42 as the RTC is exercising its appellate JD

tip: since its pure LAW, remember SC is not a trier of facts

[CORRECT ANSWER]
Petition for Review on Certiorari under R45 as it deals with pure question of LAW of the RTC acting in its appellate JD

47
Q

May you avail of Rule 45 if you are attacking a mere MR?

A

NO, sec. 1 of the same provides that is directed against a judgment, final order or resolution of the CA, SB, CTA, RTC or other courts

Further, an MR is NOT a final judgment or order but an interlocutory order.

48
Q

MTC dismiss case > MR denied (presupposing trial) > appeal to RTC. what rule is this ?

A

Rule 41.

Rule 40, altho speakng of MTC-RTC appeal, R40 governs appeals when MTC dismisses a cases:
1. **without prejudice (no JD) [or] had trial but had no JD over SM
2. before reaching full trial

Rule 41 applies when MTC has rendered decision w/ JD

49
Q

Assuming a case is decided against you, you go to the CA. what rule does this fall?

A

It depends

if OG JD of the RTC - R41 filing a Notice of Appeal

if appellate JD - R42 filing a petition for review

50
Q

Are there cases decided by the MTC which can be appealed directly to the CA, thereby bypassing the hierarchy of courts?

A

Yes, certain cases decided by the MTC, such as cadastral and land registration cases where the MTC has delegated jurisdiction (under Section 34 of BP 129), can be appealed directly to the CA, bypassing the RTC.

When appealing, the correct procedure is to file a Petition for Review under Rule 42 because the MTC is deemed to have exercised jurisdiction to that of the RTC in these cases.

51
Q

Are there cases which have been decided by the MTC which cannot be appealed to the RTC?

A
  1. Small claims cases
  2. Judgment by Confession
  3. Crim Cases imposing fine not exceeding 1k [or] imprisonment not exceeding 6 months
  4. Small Criminal Cases (Katarungang Pambarangay Law)

TN: AM0887SC provides for appeal for summary procedure cases

52
Q

You want to question the decision of the RTC on a question of fact or law, where would you go?

A

From original jurisdiction RTC decisions: Notice of Appeal to CA (Rule 41).

From appellate jurisdiction RTC decisions: Petition for Review to CA (Rule 42).

Purely legal questions from CA or RTC: Petition for Review on Certiorari to the Supreme Court (Rule 45).

53
Q

What cases are governed under summary procedure?

[fucccer]

A
  1. forcible entry [and] unlawful detainer cases
  2. all civil cases not exceeding 2M (exc. probate pro, maritime etc.) excluding __ atty’s fees, damages, interest,
  3. complaint for damages not exceeding 2M
  4. cases of enforcement of brgy. amicable settlement agreements [and] arbitration awards where money claim not exceed 1M
    LB: AM 08-8-7-SC
  5. revival of judgments for first level courts
  6. civil aspect of violation of BP 22 if no crim action instituted.

everything else will be governed by regular procedurer

54
Q

What is the remedy for an interlocutory order adverse to you?

A
  1. certiorari under rule 65
  2. MR under rule 37
55
Q

Remedy when court denies your chosen remedy for an interlocutory order?

A

Continue with the case and file an appeal assigning as one of the errors the denial of your MR of the interlocutory order

56
Q

If order is dismissed is w/o prejudice, why is it not subject to appeal?

A

the party can refile it in the proper court

the exc provided is in R40 sec. 8

57
Q

instances where the court dismisses the without prejudice

A
  1. filed in wrong JD
  2. non-payment of docket fees
    3.
58
Q

Can you file for writ of execution [and] appeal?

A

Generally

Exception is partial judgment

59
Q

what should you state in your certificate of non-forum shopping if case was dismissed with prejudice

A
60
Q

BLOCK 403 QUESTIONS

A

BLOCK 403 QUESTIONS

61
Q

No appeal may be taken from

R41 S1

A
62
Q

Dismissal without Prejudice

A

Civil Procedure 2 (11 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions