Rule 45

Question 1

Q: What is the difference between a petition for certiorari under Rule 45 and that under Rule 65?

Question 2

What are questions of law?

Answer 2

1. Where the issue is the construction or interpretation of documentary evidence
   2) where the case is submitted upon agreed statement of facts
   3) where al the facts are stated in the judgment and the issue is the correctness of the conclusion.

Question 3

What is the period to appeal under rule 45? Section 3:

Answer 3

Sec. 3. Period of ordinary appeal. The appeal shall be taken within ifteen (15) days from notice of the judgment or inal order appealed from. Where a record on appeal is required, the appellant shall ile a notice of appeal and a record on appeal within thirty (30) days from notice of the judgment or inal order. However, an appeal in habeas corpus cases shall be taken within forty-eight (48) hours from notice of the judgment or inal order appealed from.
The period of appeal shall be interrupted by a timely motion for new trial or reconsideration. No motion for extension of time to ile a motion for new trial or reconsideration shall be allowed.

Question 4

FACTS: You receive a judgment on January 31. You iled a motion for reconsideration on February 10. So, interrupted and then on February 20, you receive the order denying the motion for reconsideration. When is the last day to appeal

Answer 4

HELD: The last day is February 26. The iling of a motion for new trial or reconsideration is not counted in the 15-day period. Upon the iling in February 10, it is already interrupted. So, you did not consume 10 days. You consumed only 9 days.
“The period to appeal is suspended if a motion for reconsideration or one for a new trial is iled, which, if denied, continues to run upon receipt of the order denying the same as if no interruption has occurred. The time during which a motion for reconsideration or one for new trial has been pending shall be counted from the date the motion is duly iled to the date when the movant is duly notiied of the denial thereof.”
“The period during which the motion is pending with the trial court includes the day the same is iled because the motion shall have been already placed under the court’s consideration during the remaining hours of the day. The very date the motion for reconsideration has been iled should be excluded from the appeal period.”

Question 5

FACTS: The period to ile a motion for new trial or reconsideration is within the period to appeal
which is 15 days, kaya walang extension. Now this is what happened. The court issued an interlocutory order. After two months, one of the parties iled a motion for reconsideration and, of course, the other party said, no more, you should ile the motion within 15 days. You cannot ile beyond the 15-day period. Is that correct?

Answer 5

HELD: NO. That is wrong because an interlocutory order cannot be appealed hence, the 15-day period does not apply. You can ile your motion for reconsideration anytime for as long as the court still has jurisdiction over the case.
The 15-day period only applies when the order is inal. But when the order is interlocutory, you can ile it anytime because there is no deinite period for the court to change it. For as long as the court has jurisdiction over the case, it has the power to change that wrong order.
“The period subject to interruption by a motion for reconsideration is the period to appeal. An interlocutory order is not appealable if there is accordingly no period to suspend or interrupt

Question 6

When to appeal under Rule 45?

Answer 6

1. within 15 days from receipt of the notice of judgment or final order
2. extendible for 30 days upon motion and with justifiable cause, payment of docket fees and deposit for costs before expiration of reglamentary period

Question 7

When may the SC deny the appeal motu propio?

Answer 7

1. appeal is without merit
2. it is prosecuted manifestly for delay
3. the questions are too unsubstantial to require consideration

Question 8

What are the contents of the petition filed under Rule 45.

Answer 8

1. full name of the appealing party as petitioner and adverse party as respondent
2. statement of material dates
3. statement of the matters involved and the reasons or arguments relied on for allowance of the petition
4. original or certified true copy of the notice of judgment or final order
5. certificate of non-forum shopping