Remedies BEFORE Finality of Judgment R37 R52-53 R40-45

Question 1

Rule 40 - Appeal from Municipal Trial Courts to RTC

Sequence of Events

Answer 1

Chronological Overview of Rule 40 - Appeal from Municipal Trial Courts to Regional Trial Courts:

1. Initiation of Appeal:
   The appellant, party appealing the case, files a notice of appeal within 15 days after receiving notice of the judgment or final order from the Municipal Trial Court.
2. Record on Appeal (if required):
   If a record on appeal is necessary, the appellant must file a notice of appeal and a record on appeal within 30 days after receiving notice of the judgment or final order.
3. Interruption of Appeal Period:
   The period for appeal may be interrupted by a timely motion for new trial or reconsideration.
4. How the Appeal is Taken:
   The appeal is initiated by filing a notice of appeal with the Municipal Trial Court that issued the judgment. The notice specifies parties, judgment appealed, and material dates showing timeliness.
5. Service to Adverse Party:
   Copies of the notice of appeal and the record on appeal (if required) are served on the adverse party.
6. Payment of Fees:
   Within the appeal period, the appellant must pay the full amount of appellate court docket and other lawful fees to the clerk of the court that rendered the judgment.
7. Duty of the Clerk of Court:
   Within 15 days from the perfection of the appeal, the clerk of court transmits the original record or the record on appeal, along with transcripts and exhibits, to the appropriate Regional Trial Court.
8. Procedure in the Regional Trial Court:
   Upon receipt of the complete record or the record on appeal, the Regional Trial Court clerk of court notifies the parties.
   The appellant submits a memorandum discussing errors within 15 days, and the appellee responds within another 15 days. Failure to file by the appellant can lead to dismissal.
   Once memoranda are filed or the period expires, the case is considered submitted for decision.
   The Regional Trial Court decides the case based on the entire record and submitted memoranda.
9. Appeal from Orders Dismissing Case:
   If the case is dismissed without a trial on the merits and an appeal is taken, the Regional Trial Court may affirm or reverse it.
   If affirmed and dismissed for lack of jurisdiction, the Regional Trial Court, if it has jurisdiction, tries the case on the merits.
   If reversed, the case is sent back for further proceedings.
   If tried without jurisdiction, the Regional Trial Court on appeal decides the case without dismissing it, allowing amended pleadings and additional evidence as needed.
10. Applicability of Rule 41:
    Provisions of Rule 41 apply to appeals in Rule 40 unless inconsistent or serving to supplement the provisions of Rule 40.

Question 2

Rule 41 - Appeal from Regional Trial Courts:

Procedure in timeline

Answer 2

Sequential Timeline of Rule 41 - Appeal from Regional Trial Courts:

1. Subject of Appeal:

An appeal may be taken from a judgment or final order that disposes of the case, or a particular matter, as declared by the Rules. Certain orders, such as those denying relief petitions or interlocutory orders, are not appealable.

2. Modes of Appeal:
   Ordinary Appeal (Notice of Appeal): Filed with the court that issued the judgment.
   Petition for Review: In cases decided by the Regional Trial Court in its appellate jurisdiction, filed with the Court of Appeals.
   Appeal by Certiorari: For cases involving only questions of law, filed with the Supreme Court.
3. Period of Appeal:
   Ordinary appeal must be taken within 15 days from notice of the judgment. A record on appeal, if required, must be filed within 30 days.
   Appeal in habeas corpus cases must be taken within 48 hours from notice of the judgment.
4. Appellate Court Docket and Fees:

Appellant pays the full amount of appellate court docket and other lawful fees to the clerk of the court that rendered the judgment.
5. Notice of Appeal:

Specifies parties, judgment appealed, court of appeal, and material dates showing the timeliness of the appeal.
6. Record on Appeal:

Includes full names of parties, judgment appealed, related pleadings, and orders. For issues of fact, it includes all evidence. A subject index is required for records exceeding 20 pages.
7. Approval of Record on Appeal:

After filing, if no objection is filed within 5 days, the trial court may approve the record on appeal. Amendments may be directed if necessary.
8. Joint Record on Appeal:

Parties may file a joint record on appeal within the prescribed time.
9. Perfection of Appeal:

Notice of appeal is perfected upon filing, and record on appeal is perfected upon approval by the trial court.
10. Duty of Clerk of Court:

Within 30 days after all appeals are perfected, the clerk of the lower court verifies and transmits the records, ensuring correctness and completeness.
11. Transcript:

Stenographers attach five copies of transcripts to the record after appeal perfection.
12. Transmittal:

The clerk transmits the original record or approved record on appeal, along with required documents, to the appellate court within 30 days from appeal perfection.
13. Dismissal of Appeal:

The trial court may dismiss the appeal for being out of time or non-payment of fees before transmittal to the appellate court.

Question 3

Contrast of Three Modes of Appeal under Rule 41

Answer 3

1. Ordinary Appeal (Notice of Appeal):

Procedure: Filed with the court that issued the judgment.
Purpose: Used for cases decided by the Regional Trial Court in its original jurisdiction.
Filing Requirements: Requires only a notice of appeal, with no record on appeal necessary except in special cases.
Time Limit: Must be filed within 15 days from notice of judgment.
Jurisdiction: The court loses jurisdiction over the case upon the perfection of the appeals filed in due time.

2. Petition for Review:

Procedure: Filed with the Court of Appeals.
Purpose: Applicable to cases decided by the Regional Trial Court in its appellate jurisdiction.
Filing Requirements: A petition for review is necessary, following the rules set forth in Rule 42.
Time Limit: No specific time limit is mentioned in Rule 41; however, it’s implied that it should be filed within a reasonable time after the notice of judgment.
Jurisdiction: The Court of Appeals gains jurisdiction over the case upon the filing of the petition for review.

3. Appeal by Certiorari:

Procedure: Filed with the Supreme Court.
Purpose: Applicable to cases where only questions of law are raised.
Filing Requirements: A petition for review on certiorari, following the rules set forth in Rule 45.
Time Limit: No specific time limit is mentioned in Rule 41; however, it’s implied that it should be filed within a reasonable time after the notice of judgment.
Jurisdiction: The Supreme Court gains jurisdiction over the case upon the filing of the petition for review on certiorari.

Question 4

RULE 42
PETITION FOR REVIEW FROM THE REGIONAL TRIAL COURTS
TO THE COURT OF APPEALS

Answer 4

Sequential Timeline Summary of Rule 42:

Sequential Timeline Summary of Rule 42:

1. Who: A party desiring to appeal from a decision of the Regional Trial Court (RTC) in its appellate jurisdiction.
2. What: File a verified petition for review with the Court of Appeals (CA).
3. When: Within fifteen (15) days from notice of the decision sought to be reviewed or the denial of petitioner’s motion for new trial or reconsideration filed after judgment.
4. Where: The petition is filed with the CA.
5. How:
   
   • Pay the corresponding docket and other lawful fees to the clerk of the CA.
   • Deposit the amount of P500.00 for costs.
   • Furnish the RTC and the adverse party with a copy of the petition.
6. Why: To seek review of the decision rendered by the RTC in its appellate jurisdiction.
7. Additional Time: The CA may grant an additional fifteen (15) days upon motion and payment of fees before the expiration of the initial filing period.
8. Requirements:
   
   • Petition to be filed in seven (7) legible copies.
   • Include specific material dates indicating timely filing.
   • Concisely state matters involved, issues, errors, and reasons for appeal.
   • Accompanied by certified true copies of judgments or final orders, and other supporting documents.
   • Certification under oath regarding other pending actions involving the same issues.
9. Effect of Non-Compliance: Failure to comply with requirements may lead to dismissal of the petition.
10. Action on the Petition:
    
    • CA may require respondent to file a comment on the petition within ten (10) days.
    • CA may dismiss the petition if it finds it without merit, for delay, or raised questions are insubstantial.
11. Contents of Comment: Respondent must state acceptance or rejection of matters in the petition, point out inaccuracies, and provide reasons why the petition should not proceed.
12. Due Course: If the CA finds prima facie that the lower court committed an error warranting reversal or modification, it may give due course to the petition.
13. Elevation of Record: CA may order the RTC to elevate the original record of the case within fifteen (15) days if deemed necessary.
14. Perfection of Appeal:
    
    • Upon timely filing and payment of fees, the appeal is perfected.
    • RTC loses jurisdiction over the case.
    • RTC may issue orders for the protection and preservation of rights before CA gives due course to the petition.
    • Appeal generally stays the judgment or final order unless otherwise provided.
15. Submission for Decision: Upon due course, the CA may set the case for oral argument or require submission of memoranda. The case is deemed submitted for decision upon the filing of the last pleading or memorandum required.

Question 5

RULE 43
APPEALS FROM THE COURT OF TAX APPEALS AND
QUASI-JUDICIAL AGENCIES TO THE COURT OF APPEALS

Answer 5

Sequential Timeline Summary of Rule 43:

1. Who: Parties appealing from judgments or final orders of the Court of Tax Appeals (CTA) or quasi-judicial agencies.
2. What: File a verified petition for review with the Court of Appeals (CA).
3. When: Within fifteen (15) days from notice of the award, judgment, final order, or resolution, or from the date of denial of motion for new trial or reconsideration.
4. Where: The petition is filed with the CA.
5. How:
   
   • File a verified petition for review in seven (7) legible copies.
   • Serve a copy on the adverse party and the court or agency a quo.
   • Pay docketing and other lawful fees to the clerk of court of the CA.
   • Deposit the sum of P500.00 for costs.
6. Why: To seek review of decisions or orders issued by the CTA or quasi-judicial agencies.
7. Additional Time: The CA may grant an additional fifteen (15) days upon proper motion and payment of fees before the expiration of the initial filing period.
8. Requirements:
   
   • Comply with payment of fees and deposit for costs.
   • Provide proof of service of the petition.
   • Include necessary documents and contents in the petition.
   • Sworn certification against forum shopping.
9. Effect of Non-Compliance: Failure to comply may lead to dismissal of the petition.
10. Action on the Petition:
    
    • CA may require respondent to file a comment within ten (10) days.
    • CA may dismiss the petition if found without merit or for delay.
11. Contents of Comment: Point out insufficiencies or inaccuracies in petitioner’s statement and state reasons for denial or dismissal.
12. Due Course: CA may give due course to the petition if it finds prima facie errors of fact or law warranting reversal or modification.
13. Transmittal of Record: CA may require the court or agency to transmit the record within fifteen (15) days from notice of due course.
14. Effect of Appeal: Appeal does not automatically stay the judgment unless directed by the CA.
15. Submission for Decision: The case is deemed submitted upon filing of the last pleading or memorandum required. Oral arguments or submission of memoranda may be set within fifteen (15) days from notice.

Answer 6

Examples of quasi-judicial agencies mentioned in Rule 43 include:

1. Civil Service Commission (CSC)
   
   • Example Issue: Resolving disputes related to employment matters in the civil service, such as disciplinary actions against government employees.
2. Central Board of Assessment Appeals (CBAA)
   
   • Example Issue: Hearing appeals on property assessment disputes, such as challenges to the valuation of real estate for tax purposes.
3. Securities and Exchange Commission (SEC)
   
   • Example Issue: Adjudicating cases involving violations of securities laws, insider trading, or disputes between shareholders and corporations.
4. Office of the President
   
   • Example Issue: Hearing administrative appeals from decisions of various government agencies, such as appeals related to presidential pardons or executive orders.
5. Land Registration Authority (LRA)
   
   • Example Issue: Resolving disputes over land titles, including cases of conflicting claims or challenges to the validity of property titles.
6. Social Security Commission (SSC)
   
   • Example Issue: Adjudicating disputes related to social security benefits, such as claims for disability benefits or survivorship pensions.
7. Civil Aeronautics Board (CAB)
   
   • Example Issue: Handling disputes between airlines and passengers, regulatory matters related to air transportation, or disputes between airlines over routes and fares.
8. Bureau of Patents, Trademarks and Technology Transfer (BPTTT)
   
   • Example Issue: Resolving disputes over intellectual property rights, including patent infringement claims or trademark disputes.
9. National Electrification Administration (NEA)
   
   • Example Issue: Adjudicating disputes between electric cooperatives and consumers, regulatory matters related to electricity distribution, or disputes over service quality and rates.
10. Energy Regulatory Board (ERB)
    
    • Example Issue: Hearing cases related to the regulation of energy industries, such as disputes over electricity rates or licensing of power generation facilities.

These agencies handle a wide range of issues, including administrative disputes, regulatory matters, and enforcement of laws and regulations within their respective jurisdictions.

Question 7

Rule 44 - ORDINARY APPEALED CASES

Answer 7

Key points to remember for the bar exams regarding Rule 44, which pertains to ordinary appealed cases, include:

1. Title of Cases: The title of the case remains the same as in the lower court, with the appellant and appellee identified accordingly.
2. Representation: The counsels and guardians ad litem from the lower court are considered as such in the Court of Appeals, with notice required if new representation is appointed.
3. Transmittal of Record: The record or record on appeal must be transmitted to the Court of Appeals within 30 days after the appeal is perfected.
4. Docketing of Case: Upon receiving the record, the clerk of court dockets the case, and the appellant must file approved copies of the record within 10 days.
5. Completion of Record: If the record is incomplete, measures should be taken to complete it promptly.
6. Appellant’s Brief: The appellant must file a brief within 45 days from receipt of notice that all evidence is attached to the record.
7. Appellee’s Brief: The appellee must file a brief within 45 days from receipt of the appellant’s brief.
8. Appellant’s Reply Brief: The appellant may file a reply brief within 20 days from receipt of the appellee’s brief.
9. Memoranda in Special Cases: In certain cases like certiorari or habeas corpus, memoranda are filed instead of briefs within 30 days of notice of evidence being attached to the record.
10. Extension of Time: Extensions for filing briefs are allowed only for good cause and if requested before the deadline.
11. Contents of Briefs: The appellant’s and appellee’s briefs should contain specific sections, including a statement of facts, arguments, and references to the record.
12. Questions on Appeal: The appellant can raise any question of law or fact that has been raised in the lower court and is within the issues framed by the parties, regardless of whether a motion for new trial has been filed.

Understanding these key points will be essential for answering questions related to Rule 44 on the bar exams.

Question 8

Rule 44 - ORDINARY APPEALED CASES

1. What is the consequence of failing to transmit the original record or record on appeal to the Court of Appeals within thirty (30) days after the perfection of the appeal?a) Automatic dismissal of the appealb) Fine imposed on the party responsiblec) Extension granted for another thirty (30) daysd) Warning issued to the party responsibleAnswer: a) Automatic dismissal of the appealExplanation: Section 3 of Rule 44 states that failure to transmit the record within the specified time may result in dismissal of the appeal.

Question 9

Rule 44 - ORDINARY APPEALED CASES
2. Who is responsible for docketing the case in the Court of Appeals upon receiving the original record or record on appeal and accompanying documents?

a) Judge

b) Appellant

c) Clerk of court of the Court of Appeals

d) Appellee

Answer 9

Answer: c) Clerk of court of the Court of Appeals

Explanation: Section 4 of Rule 44 specifies that the clerk of court of the Court of Appeals is responsible for docketing the case.

Question 10

Rule 44 - ORDINARY APPEALED CASES
3. What must the appellant do within ten (10) days from receipt of notice of docketing the case in the Court of Appeals?

a) File a motion for extension

b) File an appeal to the Supreme Court

c) File copies of the approved record on appeal

d) Request for additional documents

Answer 10

Answer: c) File copies of the approved record on appeal

Explanation: Section 4 of Rule 44 mandates the appellant to file copies of the approved record on appeal within ten (10) days.

Question 11

Rule 44 - ORDINARY APPEALED CASES
4. What happens if the appellant fails to file the appellant’s brief within forty-five (45) days from receipt of the notice that all evidence is attached to the record?

a) Extension granted automatically

b) Fine imposed on the appellant

c) Ground for dismissal of the appeal

d) Appellee’s brief is automatically accepted

Answer 11

Answer: c) Ground for dismissal of the appeal

Explanation: Section 7 of Rule 44 states that failure to file the appellant’s brief within the specified time may be a ground for dismissal of the appeal.

Question 12

Rule 44 - ORDINARY APPEALED CASES

5. In cases not brought up by record on appeal, what should be included in the appellant’s brief as an appendix?a) Subject indexb) Statement of the casec) Copy of the judgment or final order appealed fromd) Arguments on each assignment of error

Answer 12

Answer: c) Copy of the judgment or final order appealed from

Explanation: Section 13(h) of Rule 44 specifies that in cases not brought up by record on appeal, the appellant’s brief should contain a copy of the judgment or final order appealed from.

Question 13

Rule 44 - ORDINARY APPEALED CASES

6. Which party has the responsibility to file the appellee’s brief within forty-five (45) days from receipt of the appellant’s brief?a) Clerk of courtb) Judgec) Appellantd) Appellee

Answer 13

Answer: d) Appellee

Explanation: Section 8 of Rule 44 mandates the appellee to file the appellee’s brief within the specified time.

Question 14

Rule 44 - ORDINARY APPEALED CASES

7. What should the appellant’s reply brief contain?a) Arguments on each assignment of errorb) Statement of factsc) Subject indexd) Citation of authorities relied upon

Answer 14

Answer: a) Arguments on each assignment of error

Explanation: Section 9 of Rule 44 specifies that the appellant’s reply brief should contain arguments on each assignment of error.

Question 15

Rule 44 - ORDINARY APPEALED CASES

8. When may extensions of time for filing briefs be granted?a) At any timeb) Only if requested after the expiration of the time sought to be extendedc) Only if requested before the expiration of the time sought to be extendedd) Only if requested by the judge

Answer 15

Answer: c) Only if requested before the expiration of the time sought to be extended

Explanation: Section 12 of Rule 44 states that extensions of time for filing briefs will only be allowed if requested before the expiration of the time sought to be extended.

Question 16

Rule 44 - ORDINARY APPEALED CASES

9. What should be included in the appellant’s brief under the heading “Statement of Facts”?a) Arguments on each assignment of errorb) Summary of the proceedingsc) Subject indexd) Citation of authorities relied upon

Answer 16

Answer: b) Summary of the proceedings

Explanation: Section 13(c) of Rule 44 specifies that the appellant’s brief should contain a summary of the proceedings under the heading “Statement of Facts.”

Question 17

Rule 44 - ORDINARY APPEALED CASES

10. What is the consequence of failing to file the appellant’s memorandum within the specified period in special cases?a) Automatic dismissal of the appealb) Extension granted automaticallyc) Fine imposed on the appellantd) Warning issued to the appellant

Answer 17

Answer: a) Automatic dismissal of the appeal

Explanation: Section 10 of Rule 44 states that failure to file the appellant’s memorandum within the specified period may be a ground for dismissal of the appeal.

Question 18

Rule 44 - ORDINARY APPEALED CASES

11. How should briefs be served when there are several appellants or appellees or several counsel for each party?a) Each counsel representing one or more but not all of them shall be served with only one copy of the briefsb) Each appellant or appellee shall be served with separate copies of the briefsc) Briefs should be served only on the judged) Briefs should be filed with the Supreme Court

Answer 18

Answer: a) Each counsel representing one or more but not all of them shall be served with only one copy of the briefs

Explanation: Section 11 of Rule 44 specifies that when there are several appellants or appellees, each counsel representing one or more but not all of them shall be served with only one copy of the briefs.

Question 19

Rule 44 - ORDINARY APPEALED CASES

12. What types of cases require filing of memoranda instead of briefs?a) Ordinary appealed casesb) Special cases like certiorari, prohibition, mandamus, quo warranto, and habeas corpusc) Criminal casesd) Cases involving juveniles

Answer 19

Answer: b) Special cases like certiorari, prohibition, mandamus, quo warranto, and habeas corpus

Explanation: Section 10 of Rule 44 states that in certiorari, prohibition, mandamus, quo warranto, and habeas corpus cases, memoranda are filed instead of briefs within a non-extendible period of 30 days

Question 20

Memoranda vs Briefs

Answer 20

In the Philippines Rules of Court, memoranda and briefs serve distinct purposes in legal proceedings, particularly in appellate practice. Here’s a distinction between memoranda and briefs:

1. Purpose:
   • Briefs: Briefs are comprehensive legal arguments submitted by parties to an appellate court, typically the Court of Appeals or the Supreme Court. They present the parties’ positions on the issues raised in the appeal, cite relevant laws and jurisprudence, and aim to persuade the court to rule in their favor.
   • Memoranda: Memoranda are also legal arguments submitted to the court but are specifically required in certain special cases like certiorari, prohibition, mandamus, quo warranto, and habeas corpus. They serve a similar purpose to briefs but are used in lieu of briefs in these specific types of cases.
2. Content:
   • Briefs: Briefs usually contain a subject index, a statement of facts, issues, arguments on each assignment of error, citation of authorities, and a prayer for relief. They are comprehensive documents that provide a detailed analysis of the legal issues presented on appeal.
   • Memoranda: Memoranda contain arguments on the legal issues raised in the special cases mentioned above. They may include a statement of facts, legal arguments, citations of relevant laws and jurisprudence, and a prayer for relief. However, they may be more focused on legal arguments rather than a detailed recounting of the facts.
3. Timeframe for Filing:
   • Briefs: Parties typically file briefs within specified timeframes set by the court, such as within forty-five (45) days from receipt of the appellant’s brief.
   • Memoranda: In special cases, parties file memoranda within a non-extendible period of thirty (30) days from receipt of the notice that all the evidence, oral and documentary, is already attached to the record.
4. Applicability:
   • Briefs: Briefs are commonly used in ordinary appealed cases and other appellate proceedings not covered by the special cases mentioned above.
   • Memoranda: Memoranda are specifically required in certain special cases like certiorari, prohibition, mandamus, quo warranto, and habeas corpus cases, as provided by the rules.

In summary, while both memoranda and briefs serve as legal arguments submitted to the court, memoranda are specifically required in certain special cases and are filed within a shorter timeframe compared to briefs. Briefs, on the other hand, are more commonly used in ordinary appealed cases and provide a comprehensive analysis of the legal issues on appeal.

Question 21

In the Philippines Rules of Court, the remedies of
Motion for Reconsideration (MR) and
Motion for New Trial (MNT) are available BEFORE THE FINALITY of judgment, but they serve different purposes and have distinct procedural requirements.

What are the key differences between these two remedies?

Answer 21

In the Philippines Rules of Court, the remedies of Motion for Reconsideration (MR) and Motion for New Trial (MNT) are available before the finality of judgment, but they serve different purposes and have distinct procedural requirements. Here are the key differences between these two remedies:

1. Purpose:
   • Motion for Reconsideration (MR): This remedy is filed to ask the court to reconsider its ruling based on legal grounds. The party seeks a reevaluation of the court’s decision, arguing that there are errors in the application or interpretation of the law or in the appreciation of the facts.
   • Motion for New Trial (MNT): A Motion for New Trial is filed to request the court to reopen the case and conduct a new trial, typically because of newly discovered evidence, errors in the trial proceedings, or irregularities that prevented a fair trial.
2. Grounds:
   • MR: The grounds for filing a Motion for Reconsideration typically include errors in the application or interpretation of the law, or manifest errors in the appreciation of facts.
   • MNT: Grounds for a Motion for New Trial may include newly discovered evidence that could not have been discovered earlier through due diligence, errors in the trial proceedings, or irregularities that prevented a fair trial.
3. Timing:
   • MR: A Motion for Reconsideration must generally be filed within a limited period after the rendition of the judgment or final order. In most cases, it should be filed within 15 days from notice of the judgment or final order.
   • MNT: A Motion for New Trial must also be filed within a limited period after the rendition of judgment, typically within 15 days from notice of the judgment or final order. However, in some instances, such as when based on newly discovered evidence, it may be filed within a longer period specified by the rules.
4. Procedure:
   • MR: The Motion for Reconsideration must be filed with the same court that issued the judgment or final order. It should be in writing, stating the grounds upon which it is based, and served on all parties involved in the case. The party filing the motion must also comply with the procedural requirements regarding service and filing of pleadings.
   • MNT: Similarly, the Motion for New Trial must be filed with the same court that issued the judgment or final order. It should be in writing and state the grounds upon which it is based. Like the MR, the MNT must be served on all parties involved in the case, and the party filing the motion must comply with procedural requirements regarding service and filing.
5. Effect:
   • MR: Filing a Motion for Reconsideration does not automatically stay the execution of the judgment or final order unless the court specifically orders otherwise. However, it suspends the running of the period to appeal the judgment or final order.
   • MNT: Similar to the MR, filing a Motion for New Trial does not automatically stay the execution of the judgment or final order unless the court specifically orders otherwise. However, it suspends the running of the period to appeal the judgment or final order.

In summary, while both remedies allow parties to challenge a judgment or final order before its finality, they differ in their purposes, grounds, timing, procedural requirements, and effects on the case. The MR seeks reconsideration of the decision based on legal grounds, while the MNT seeks a new trial based on newly discovered evidence or trial irregularities.

Question 22

To stay judgment

The court where you file these remedies depends on the specific circumstances of the case and the stage of the legal proceedings.

State the general guideline for each remedy:

Answer 22

1. Application for Injunction or Temporary Restraining Order (TRO):
   
   • These applications are typically filed with the court where the case is pending. In civil cases, it could be filed with the trial court or the appellate court, depending on the stage of the proceedings and the jurisdiction of the court over the subject matter.
   • In criminal cases, applications for TROs or injunctions may also be filed with the trial court or the appellate court, depending on the circumstances and the relief sought.
2. Posting of a Supersedeas Bond:
   
   • The supersedeas bond is usually filed with the trial court where the judgment was rendered. It serves to stay the execution of the judgment pending appeal.
3. Filing a Petition for Certiorari with Temporary Restraining Order (TRO):
   
   • Petitions for certiorari are typically filed with the appellate court having jurisdiction over the lower court that rendered the judgment being questioned.
   • The TRO application may also be filed with the appellate court, seeking immediate relief from the execution of the judgment pending resolution of the certiorari petition.
4. Filing a Motion for Stay of Execution:
   
   • A motion for stay of execution is generally filed with the court that rendered the judgment. In civil cases, it could be the trial court or the appellate court, depending on the stage of the proceedings.
   • In criminal cases, the motion may be filed with the trial court or the appellate court, depending on the jurisdiction and the stage of the proceedings.
5. Filing a Motion for Extension of Time to Appeal:
   
   • This motion is typically filed with the court that rendered the judgment. In civil cases, it could be the trial court or the appellate court, depending on the stage of the proceedings.
   • In criminal cases, the motion may be filed with the trial court or the appellate court, depending on the jurisdiction and the stage of the proceedings.

Question 22

In the Philippines Rules of Court, if remedies like the Motion for Reconsideration (MR) and Motion for New Trial (MNT) do not automatically stay the execution of judgment in civil and criminal cases, parties may avail themselves of other remedies to stay the judgment.

What are the common remedies available?

Answer 22

1. Application for Injunction or Temporary Restraining Order (TRO):
   
   • In both civil and criminal cases, parties may seek an injunction or a temporary restraining order (TRO) from the court to temporarily halt the enforcement or execution of a judgment. This remedy is typically sought when irreparable harm or injustice would result from the immediate execution of the judgment.
   • In civil cases, an injunction may be granted to prevent irreparable injury or to preserve the status quo pending the resolution of an appeal or other legal proceedings.
   • In criminal cases, a TRO may be sought to prevent the enforcement of a judgment pending the resolution of a petition for certiorari or other extraordinary remedies.
2. Posting of a Supersedeas Bond:
   
   • In civil cases where money judgment is involved, the appellant may file a supersedeas bond, also known as a stay bond, to stay the execution of the judgment pending appeal. The bond serves as security for the judgment amount and ensures that the prevailing party will be compensated if the appeal is unsuccessful.
   • The filing of a supersedeas bond effectively stays the execution of the judgment until the appeal is resolved.
3. Filing a Petition for Certiorari with Temporary Restraining Order (TRO):
   
   • In cases where there is grave abuse of discretion amounting to lack or excess of jurisdiction, a party may file a petition for certiorari with the appropriate higher court, such as the Court of Appeals or the Supreme Court, seeking to annul or modify the judgment.
   • Along with the petition, the party may also apply for a temporary restraining order (TRO) or a writ of preliminary injunction to stay the execution of the judgment pending the resolution of the certiorari petition.
4. Filing a Motion for Stay of Execution:
   
   • In some instances, parties may directly file a motion for stay of execution with the trial court or the appellate court. This motion requests the court to temporarily suspend the execution of the judgment pending the resolution of certain proceedings, such as an appeal or a petition for certiorari.
   • The court has discretion to grant or deny the motion based on the circumstances of the case and the likelihood of success on appeal.
5. Filing a Motion for Extension of Time to Appeal:
   
   • While this does not directly stay the execution of judgment, filing a motion for extension of time to appeal can provide additional time to prepare and file an appeal, thereby delaying the enforcement of the judgment until the appeal is resolved.

These remedies provide parties with options to seek relief from the immediate execution of judgment in both civil and criminal cases, allowing for further review or consideration of legal issues by higher courts.

Question 23

(MCQs) based on Rule 45 of the Philippines Rules of Court: RULE 45
APPEAL BY CERTIORARI TO THE SUPREME COURT

1. Question: When can a party file a petition for review on certiorari with the Supreme Court?
   
   • A) Within 30 days from notice of judgment
   • B) Within 15 days from notice of judgment
   • C) Within 45 days from notice of judgment
   • D) Within 60 days from notice of judgment

Answer 23

• Answer: B) Within 15 days from notice of judgment

Question 24

(MCQs) based on Rule 45 of the Philippines Rules of Court: RULE 45
APPEAL BY CERTIORARI TO THE SUPREME COURT

2. Question: What type of questions can be raised in a petition for review on certiorari?
   
   • A) Questions of fact
   • B) Questions of law
   • C) Both questions of fact and law
   • ## D) None of the above

Answer 24

Answer: B) Questions of law

Question 25

(MCQs) based on Rule 45 of the Philippines Rules of Court: RULE 45
APPEAL BY CERTIORARI TO THE SUPREME COURT

3. Question: What is the time limit for filing a petition for review on certiorari with the Supreme Court?
   
   • A) 30 days from notice of judgment
   • B) 15 days from notice of judgment
   • C) 45 days from notice of judgment
   • D) 60 days from notice of judgment

Answer 25

• Answer: B) 15 days from notice of judgment

Question 26

(MCQs) based on Rule 45 of the Philippines Rules of Court: RULE 45
APPEAL BY CERTIORARI TO THE SUPREME COURT

4. Question: What must the petitioner include in the petition for review on certiorari?
   
   • A) Verified petition only
   • B) Verified petition and proof of service
   • C) Verified petition and deposit for costs
   • D) Verified petition, proof of service, and deposit for costs

Answer 26

• Answer: D) Verified petition, proof of service, and deposit for costs

Question 27

(MCQs) based on Rule 45 of the Philippines Rules of Court: RULE 45
APPEAL BY CERTIORARI TO THE SUPREME COURT

5. Question: Which of the following is NOT a ground for dismissal or denial of the petition for review on certiorari?
   
   • A) Failure to pay docket and other lawful fees
   • B) Failure to include proof of service of the petition
   • C) Failure to include the judgment or final order
   • D) Failure to include a certified true copy of the judgment or final order

Answer 27

• Answer: D) Failure to include a certified true copy of the judgment or final order

Question 28

(MCQs) based on Rule 45 of the Philippines Rules of Court: RULE 45
APPEAL BY CERTIORARI TO THE SUPREME COURT

6. Question: When can the Supreme Court deny a petition for review on certiorari?
   
   • A) If the appeal is without merit
   • B) If the appeal is for delay
   • C) If the questions raised are too insubstantial
   • D) All of the above

Answer 28

• Answer: D) All of the above

Question 29

(MCQs) based on Rule 45 of the Philippines Rules of Court: RULE 45
APPEAL BY CERTIORARI TO THE SUPREME COURT

7. Question: When will the Supreme Court grant a review on certiorari?
   
   • A) When there are special and important reasons
   • B) When there are procedural errors
   • C) When there is a dissenting opinion
   • D) When the lower court has made factual errors

Answer 29

• Answer: A) When there are special and important reasons

Question 30

(MCQs) based on Rule 45 of the Philippines Rules of Court: RULE 45
APPEAL BY CERTIORARI TO THE SUPREME COURT

8. Question: Which type of cases does Rule 45 apply to?
   
   • A) Civil cases only
   • B) Criminal cases only
   • C) Both civil and criminal cases
   • D) None of the above

Answer 30

• Answer: C) Both civil and criminal cases

Question 31

(MCQs) based on Rule 45 of the Philippines Rules of Court: RULE 45
APPEAL BY CERTIORARI TO THE SUPREME COURT

9. Question: What does the Supreme Court review in a petition for review on certiorari?
   
   • A) Factual findings
   • B) Legal errors
   • C) Both factual findings and legal errors
   • D) Procedural errors

Answer 31

• Answer: B) Legal errors

Question 32

(MCQs) based on Rule 45 of the Philippines Rules of Court: RULE 45
APPEAL BY CERTIORARI TO THE SUPREME COURT

10. Question: What is the maximum number of days the Supreme Court may grant for an extension to file a petition for review on certiorari?
    - A) 15 days
    - B) 30 days
    - C) 45 days
    - D) 60 days

Answer 32

• Answer: B) 30 days

Question 33

(MCQs) based on Rule 45 of the Philippines Rules of Court: RULE 45
APPEAL BY CERTIORARI TO THE SUPREME COURT

11. Question: What must be filed along with the petition for review on certiorari?
    - A) Memorandum
    - B) Proof of service
    - C) Motion for reconsideration
    - D) None of the above

Answer 33

• Answer: B) Proof of service

Question 34

(MCQs) based on Rule 45 of the Philippines Rules of Court: RULE 45
APPEAL BY CERTIORARI TO THE SUPREME COURT

12. Question: What must the petitioner include in the petition for review on certiorari?
    - A) Full name of the appealing party
    - B) Impleading the lower courts or judges thereof
    - C) Material dates showing when a motion for reconsideration was filed
    - D) All of the above

Answer 34

• Answer: A) Full name of the appealing party

Question 35

Rule 45 vs SCA Rule 65

Rule 45 of the Philippines Rules of Court governs the appeal by certiorari to the Supreme Court, while a special civil action of certiorari is a legal remedy provided for under Rule 65 of the same Rules.

What are the key differences between the two?

MoA vs Oa
15 v 60
Reversal v Annulment

Answer 35

1. Nature of Remedy:
   
   • Rule 45: It provides for a mode of appeal to the Supreme Court from judgments, final orders, or resolutions of the Court of Appeals, Sandiganbayan, Court of Tax Appeals, Regional Trial Court, or other courts as authorized by law.
   • Special Civil Action of Certiorari: It is an original action filed with the appropriate court seeking the annulment or correction of proceedings of any tribunal, board, or officer exercising judicial or quasi-judicial functions when there is no appeal or any plain, speedy, and adequate remedy in the ordinary course of law.
2. Questions Raised:
   
   • Rule 45: The petition raises only questions of law which must be distinctly set forth.
   • Special Civil Action of Certiorari: It may raise questions of both law and fact, including jurisdictional issues and grave abuse of discretion amounting to lack or excess of jurisdiction.
3. Applicable Courts:
   
   • Rule 45: It is filed with the Supreme Court.
   • Special Civil Action of Certiorari: It may be filed with the appropriate regional trial court, Court of Appeals, or Supreme Court, depending on the nature and circumstances of the case.
4. Scope of Review:
   
   • Rule 45: The review is generally confined to errors of law, and the Supreme Court does not normally delve into questions of fact.
   • Special Civil Action of Certiorari: The review may extend to both questions of law and questions of fact, especially when there is grave abuse of discretion amounting to lack or excess of jurisdiction.
5. Filing Period:
   
   • Rule 45: The petition must be filed within 15 days from notice of the judgment, final order, or resolution appealed from, or from the denial of the petitioner’s motion for new trial or reconsideration.
   • Special Civil Action of Certiorari: The petition must be filed within a reasonable time, usually within 60 days from notice of the judgment, final order, or resolution.
6. Remedies Sought:
   
   • Rule 45: The petitioner typically seeks the reversal or modification of the decision or order appealed from.
   • Special Civil Action of Certiorari: The petitioner seeks the annulment or correction of the proceedings or actions of the tribunal, board, or officer concerned.

In summary, while both Rule 45 and a special civil action of certiorari involve seeking relief from a higher court, they differ in their nature, scope, applicable courts, questions raised, and remedies sought.

Question 36

RULE 46
ORIGINAL CASES

Answer 36

Here are the key points to remember from Rule 46 for the bar exam:

1. Title of Cases: In cases filed directly in the Court of Appeals, the party initiating the action is termed the petitioner, while the opposing party is called the respondent.
2. Applicability: Rule 46 applies to original actions for certiorari, prohibition, mandamus, and quo warranto. Different rules apply to actions for annulment of judgment (Rule 47), certiorari, prohibition, and mandamus (Rule 65), and quo warranto (Rule 66).
3. Contents and Filing of Petition: The petition should include the full names and addresses of all parties, a concise statement of the issues, factual background, and grounds for relief. It must be filed in seven copies, with proof of service on the respondent, and accompanied by relevant documents. The petitioner must certify that no similar action is pending elsewhere.
4. Jurisdiction Over Respondent: The court gains jurisdiction over the respondent through proper service of its order or resolution on the petition, or through the respondent’s voluntary submission.
5. Action by the Court: The court may dismiss the petition outright or require the respondent to file a comment within ten days. Only pleadings required by the court are permitted, with other filings needing court permission.
6. Determination of Factual Issues: If necessary, the court may conduct hearings itself or delegate evidence reception to its members or appropriate entities.
7. Effect of Failure to File Comment: If the respondent fails to file a comment, the case may be decided based on the record, with potential disciplinary action against the disobedient party.

Understanding these key points will provide a solid foundation for tackling questions related to Rule 46 on the bar exam.

Question 37

RULE 47
ANNULMENT OF JUDGMENTS OR FINAL ORDERS AND RESOLUTIONS

State the rules

When OrdRem NL Av
EF & LoJ
4y

Answer 37

Rule 47 for the bar exam:

1. Coverage: Rule 47 governs the annulment by the Court of Appeals of judgments or final orders and resolutions in civil actions of Regional Trial Courts WHEN ORDINARY Remedies like new trial, appeal, or petition for relief are NO LONGER AVAILABLE through no fault of the petitioner.
2. Grounds for Annulment: Annulment may be based only on extrinsic fraud and lack of jurisdiction. Extrinsic fraud is not a valid ground if it could have been raised in a motion for new trial or petition for relief.
3. Period for Filing Action: Actions based on extrinsic fraud must be filed within four years from its discovery, while those based on lack of jurisdiction should be filed before being barred by laches or estoppel.
4. Filing and Contents of Petition: The action starts with a verified petition detailing the facts and law relied upon. It should be filed in seven copies, accompanied by supporting documents and affidavits. The petitioner must also certify no similar action is pending elsewhere.
5. Action by the Court: If the court finds no substantial merit in the petition, it may dismiss it outright. If prima facie merit is found, the petition will be given due course, and summons will be served on the respondent.
6. Procedure: The procedure in ordinary civil cases is followed, and if a trial is necessary, evidence reception may be referred to a member of the court or a Regional Trial Court judge.
7. Effect of Judgment: A judgment of annulment renders the questioned judgment or final order null and void, without prejudice to refiling the original action. If annulled due to extrinsic fraud, the court may order the trial court to retry the case.
8. Suspension of Prescriptive Period: The prescriptive period for refiling the original action is suspended until the finality of the annulment judgment, except when extrinsic fraud is attributable to the plaintiff.
9. Relief Available: The judgment of annulment may include damages, attorney’s fees, and other relief. If the questioned judgment has been executed, the court may issue orders of restitution or other relief as justice and equity warrant.
10. Annulment of Judgments or Final Orders of Municipal Trial Courts: Actions to annul judgments of Municipal Trial Courts are filed in the Regional Trial Court, treated as ordinary civil actions, and subject to the same rules outlined in Rule 47.

Question 38

RULE 47
ANNULMENT OF JUDGMENTS OR FINAL ORDERS AND RESOLUTIONS

1. Question: What is the primary purpose of Rule 47 of the Philippines Rules of Court?A) To govern appeals to the Supreme CourtB) To provide guidelines for criminal casesC) To regulate the annulment of judgments or final orders and resolutionsD) To establish procedures for small claims court

Answer 38

Answer: C) To regulate the annulment of judgments or final orders and resolutions

Explanation: Rule 47 specifically governs the process of seeking the annulment of judgments or final orders and resolutions in civil actions of Regional Trial Courts.

Question 39

RULE 47
ANNULMENT OF JUDGMENTS OR FINAL ORDERS AND RESOLUTIONS

2. Question: On what grounds may the annulment of judgments or final orders and resolutions be based?A) Fraud and lack of jurisdictionB) Fraud and procedural errorsC) Lack of evidence and undue influenceD) Incompetence of counsel and procedural errors

Answer 39

Answer: A) Fraud and lack of jurisdiction

Explanation: The annulment may be based only on the grounds of extrinsic fraud and lack of jurisdiction, as stated in Section 2.

Question 40

RULE 47
ANNULMENT OF JUDGMENTS OR FINAL ORDERS AND RESOLUTIONS

3. Question: Within what period must an action for annulment based on extrinsic fraud be filed?A) 1 year from discoveryB) 2 years from discoveryC) 3 years from discoveryD) 4 years from discovery

Answer 40

Answer: D) 4 years from discovery

Explanation: As per Section 3, actions based on extrinsic fraud must be filed within four years from its discovery.

Question 41

RULE 47
ANNULMENT OF JUDGMENTS OR FINAL ORDERS AND RESOLUTIONS

4. Question: How many copies of the petition should be filed for the annulment of judgments or final orders and resolutions?A) ThreeB) FiveC) SevenD) Ten

Answer 41

Explanation: The petition should be filed in seven clearly legible copies, as stated in Section 4.

Answer: C) Seven

Question 42

RULE 47
ANNULMENT OF JUDGMENTS OR FINAL ORDERS AND RESOLUTIONS

5. Question: If the court finds no substantial merit in the petition for annulment, what action may it take?A) Dismiss it outrightB) Initiate criminal proceedingsC) Transfer the case to a lower courtD) Request further evidence

Answer 42

Answer: A) Dismiss it outright

Explanation: Section 5 allows the court to dismiss the petition outright if it finds no substantial merit, with specific reasons for such dismissal.

Question 43

RULE 47
ANNULMENT OF JUDGMENTS OR FINAL ORDERS AND RESOLUTIONS

6. Question: What effect does a judgment of annulment have on the questioned judgment or final order?A) It remains validB) It is voided and set asideC) It is modifiedD) It is referred to arbitration

Answer 43

Answer: B) It is voided and set aside

Explanation: A judgment of annulment sets aside the questioned judgment or final order, rendering it null and void, as per Section 7.

Question 44

RULE 47
ANNULMENT OF JUDGMENTS OR FINAL ORDERS AND RESOLUTIONS

7. Question: How does the judgment of annulment affect the original action?A) It prevents refilingB) It allows refiling without prejudiceC) It requires refiling in a different courtD) It mandates refiling within a specific time frame

Answer 44

Answer: B) It allows refiling without prejudice

Explanation: The judgment of annulment allows the original action to be refiled in the proper court without prejudice, as stated in Section 7.

Question 45

RULE 47
ANNULMENT OF JUDGMENTS OR FINAL ORDERS AND RESOLUTIONS

8. Question: What does the court have the authority to do if the questioned judgment or final order has already been executed?A) Order a retrialB) Nullify the executionC) Issue orders of restitution or other reliefD) Dismiss the case

Answer 45

Answer: C) Issue orders of restitution or other relief

Explanation: The court may issue orders of restitution or other relief as justice and equity may warrant under the circumstances, as per Section 9.

Question 46

RULE 47
ANNULMENT OF JUDGMENTS OR FINAL ORDERS AND RESOLUTIONS

9. Question: In what court should an action to annul a judgment or final order of a Municipal Trial Court be filed?A) Supreme CourtB) Court of AppealsC) Regional Trial CourtD) Municipal Trial Court

Answer 46

Answer: C) Regional Trial Court

Explanation: An action to annul a judgment or final order of a Municipal Trial Court should be filed in the Regional Trial Court, as per Section 10.

Question 47

RULE 47
ANNULMENT OF JUDGMENTS OR FINAL ORDERS AND RESOLUTIONS

10. Question: When does the prescriptive period for refiling the original action begin to run again after the judgment of annulment?A) Immediately upon filing the annulment petitionB) Upon finality of the judgment of annulmentC) After one year from filing the annulment petitionD) After the respondent files a comment on the annulment petition

Answer 47

Answer: B) Upon finality of the judgment of annulment

**Explanation:** The prescriptive period for refiling the original action begins to run again upon finality of the judgment of annulment, as stated in Section 8.

Question 48

Extrinsic fraud refers to fraudulent acts committed outside the trial of a case that PREVENT a party from presenting their case or from receiving a FAIR trial.

Give Examples of extrinsic fraud as provided for in Rule 47.

For of D
Sup of E
Bri of J W

Answer 48

Extrinsic fraud refers to fraudulent acts committed outside the trial of a case that prevent a party from presenting their case or from receiving a fair trial. Examples of extrinsic fraud as provided for in Rule 47 may include:

1. Forgery of Documents: If a party forges signatures on important documents or alters evidence to mislead the court, it constitutes extrinsic fraud. For example, if a party forges a signature on a crucial contract that affects the outcome of the case, it would be considered extrinsic fraud.
2. Suppression of Evidence: If a party intentionally conceals evidence that is crucial to the case, it constitutes extrinsic fraud. For instance, if a plaintiff hides key documents that would exonerate the defendant, it could be considered extrinsic fraud.
3. Bribery or Corruption: If a party or their representative bribes a judge, jury member, or witness to influence the outcome of the case, it constitutes extrinsic fraud. For example, if a party pays off a witness to provide false testimony, it would be considered extrinsic fraud.
4. False Testimony or Perjury: If a party or witness knowingly provides false testimony under oath with the intent to deceive the court, it constitutes extrinsic fraud. For instance, if a witness lies about crucial facts during the trial, it would be considered extrinsic fraud.
5. Collusion Between Parties: If opposing parties collude to manipulate the outcome of the case to the detriment of another party, it constitutes extrinsic fraud. For example, if the plaintiff and defendant conspire to fabricate evidence against a third party, it would be considered extrinsic fraud.
6. Fraudulent Concealment: If a party intentionally withholds information or misleads the court about material facts relevant to the case, it constitutes extrinsic fraud. For instance, if a seller conceals defects in a property during a real estate dispute, it would be considered extrinsic fraud.

These examples illustrate how extrinsic fraud can undermine the integrity of the judicial process and deprive parties of their right to a fair trial. If proven, extrinsic fraud may provide grounds for the annulment of judgments or final orders under Rule 47.