Legal Review Process and Appeals

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Questions and Answers

What is the primary basis for equitable jurisdiction in a court?

Grounds of positive law

Strict application of legal rules

Concerns of fairness and conscience (correct)

Statutory interpretation

Which of the following cases is not under the original jurisdiction of the Supreme Court according to Rule 56, Section 1?

Mandamus

Personal injury claims (correct)

Certiorari

Habeas corpus

When can a petition for annulment of judgment based on lack of jurisdiction be filed?

Within one year of the judgment

Within a five-year period from the judgment

Before it is barred by laches or estoppel (correct)

At any time without restriction

Which of the following is a ground for annulment of judgment according to Rule 47?

Extrinsic fraud Signup and view all the answers

What does 'prosecution manifestly for delay' refer to in the context of petition dismissal?

Intentional prolonging of the court process Signup and view all the answers

Which of the following reflects a reason why equitable relief may be granted by a court?

Manifest consideration of justice Signup and view all the answers

According to Rule 42, which condition is most likely to lead to a petition for review being dismissed?

Questions raised that are too unsubstantial Signup and view all the answers

What does the Factual Issue Bar Rule under Rule 45 specify?

Only questions of law may be raised in a petition for review. Signup and view all the answers

What is the primary function of a writ of error according to Rule 41?

To correct errors in a judgment. Signup and view all the answers

What characterizes adjudications made under equitable jurisdiction?

Judgments based on what is right and just Signup and view all the answers

When is an appeal considered perfected under Rule 40 and Rule 41?

When the notice of appeal is filed in due time. Signup and view all the answers

What happens to the court’s jurisdiction upon the perfection of appeals?

The court loses jurisdiction only after approval of the record on appeal. Signup and view all the answers

What is required for the perfection of an appeal under Section 8 of Rule 42?

Timely filing of petition for review and payment of fees. Signup and view all the answers

Which types of questions can be raised in an ordinary appeal according to the content provided?

Questions of fact or mixed questions of law and fact. Signup and view all the answers

What may be included in a petition for review filed before the Supreme Court?

An application for writ of preliminary injunction or other provisional remedies. Signup and view all the answers

What happens before the Court of Appeals gives due course to a petition?

The Regional Trial Court (RTC) exercises its residual jurisdiction. Signup and view all the answers

What is the primary distinction between a question of law and a question of fact?

A question of law concerns the applicability of legal principles. Signup and view all the answers

Which of the following types of appeals allows for the raising of both questions of law and mixed questions?

Ordinary appeal under Rule 41 Signup and view all the answers

Which order is appealable under Rule 41, Section 1?

Order granting petition for relief Signup and view all the answers

Which of the following court orders may be appealed?

Order allowing an appeal from previously unappealable orders Signup and view all the answers

What is required to appeal a question of law to the Supreme Court?

The appeal must be categorized as a question of law. Signup and view all the answers

What authority does residual jurisdiction grant a trial court?

To issue orders for protecting litigants' rights not involved in an appeal Signup and view all the answers

Under what conditions can an order dismissing an action without prejudice be remedied?

By refiling the action Signup and view all the answers

Which of the following is NOT an exception to the principle of immutability of judgment?

Appeals by indigent litigants Signup and view all the answers

Which order cannot be appealed if it involves the court's decision regarding one of several parties?

A final judgment or order for or against one or more parties Signup and view all the answers

What is the primary requirement for withdrawing an appeal under residual jurisdiction?

That the appeal has not yet been perfected Signup and view all the answers

Which of the following is true about equitable jurisdiction?

It concerns the court's authority to grant remedies beyond what is prescribed by law. Signup and view all the answers

Which mode of appeal is used for cases decided by the RTC in its original jurisdiction?

Appeal by writ of error under Rule 41 Signup and view all the answers

What must a party do under the doctrine of exhaustion of administrative remedies?

Utilize all administrative processes available first. Signup and view all the answers

Which type of question is addressed through an appeal by certiorari to the Supreme Court?

Pure questions of law Signup and view all the answers

Which of the following is NOT a required content of a Notice of Appeal?

The specific grounds of appeal. Signup and view all the answers

Which of the following actions can a court take under the residual jurisdiction before the transmittal of the record?

Grant execution pending appeal under specified conditions Signup and view all the answers

What is the time frame for filing an appeal from the MTC to the RTC?

Within 15 days after notice of the judgment is received. Signup and view all the answers

Which situation allows for modification of a final judgment according to its immutability?

Circumstances make executing the judgment unjust Signup and view all the answers

What is a characteristic of an ordinary appeal?

It covers both questions of fact and law or mixed questions Signup and view all the answers

Under Rule 57, Section 3, what must the affidavit for preliminary attachment include?

Existence of grounds for attachment. Signup and view all the answers

What distinguishes causal fraud from incidental fraud?

Causal fraud induces entry into a contract. Signup and view all the answers

What is one of the stated requirements for a successful preliminary attachment?

The amount claimed must be proven to be due and just. Signup and view all the answers

When can appeals from MTC to RTC be validly filed?

Within 15 days after receiving notice of the judgment. Signup and view all the answers

Which statement accurately describes incidental fraud?

It happens post-formation and does not affect consent. Signup and view all the answers

Study Notes

Factual Issue Bar Rule

Only questions of law can be raised in a petition for review before the Supreme Court, not questions of fact.
The petition for review can include an application for a writ of preliminary injunction or other provisional remedies.

Appeal by Writ of Error

An ordinary appeal (writ of error) can be filed to correct errors of fact or law by a trial court.
It involves the transmission of the entire record to a higher court for review.
This is an appeal to the Court of Appeals for cases decided by the Regional Trial Court, where questions of fact, or mixed questions of fact and law are raised, but not pure questions of law.

Appeal Perfection and Court Jurisdiction

In an ordinary appeal, the court loses jurisdiction upon perfection of the appeal filed in due time and expiration of the time to appeal of the other parties.
In an appeal with the record on appeal, the court loses jurisdiction when the record on appeal is approved.
An appeal in the Supreme Court is perfected upon timely filing of the petition for review and payment of fees.
The RTC loses jurisdiction upon the perfection of the appeal, but it can exercise residual jurisdiction before the Court of Appeals gives due course to the petition.

Question of Law vs. Question of Fact

A question of law arises when there is doubt as to the applicability of a law on a given set of facts.
A question of fact arises when there is doubt as to the truth or falsity of a given set of facts.
Only questions of law can be raised before the Supreme Court under Rule 45.

Non-Appealable Orders (RIDAPSES)

Relief and similar motions seeking relief from judgment are not appealable.
Interlocutory orders are not appealable.
Orders denying or dismissing an appeal are not appealable.
Orders denying a motion to set aside a judgment by consent, confession or compromise on the ground of fraud, mistake or duress are not appealable.
Orders of execution are not appealable.
A judgment or final order for or against one or more of several parties in a pending main case is not appealable unless the court allows it.
Orders dismissing an action without prejudice are not appealable.

Equitable Jurisdiction

Equitable jurisdiction allows courts to grant relief not available under strict legal rules.
It is based on fairness and not on positive law.
It is used when strong considerations of justice require relaxation of strict rules.

Original Cases Cognizable by the Supreme Court

Petitions for Certiorari
Petitions for Prohibition
Petitions for Mandamus
Petitions for Quo Warranto
Petitions for Habeas Corpus
Disciplinary proceedings against members of the judiciary and attorneys
Cases affecting ambassadors, other public ministers and consuls

Annulment of Judgments and Final Orders

Grounds for annulment include:
- Lack of jurisdiction
- Extrinsic fraud (fraudulent acts that keep a person from obtaining information about their rights)
Annulment based on extrinsic fraud must be filed within four years from the discovery of the fraud.
Annulment based on lack of jurisdiction must be filed before it is barred by laches or estoppel.

Dismissal of Petitions for Review (Doorstep Dismissal)

The Supreme Court can dismiss a petition motu proprio if it finds it:
- Patently without merit
- Prosecution manifestly for delay
- Questions raised are too unsubstantial to require consideration

Doctrine of Residual Jurisdiction (CoPOW)

Residual jurisdiction gives the trial court the authority to issue orders for the protection and preservation of the rights of the parties after an appeal is filed.
This jurisdiction exists even if the appeal has been perfected or the record on appeal has been approved.

Principle of Immutability of Judgment

A decision that has acquired finality becomes immutable and unalterable, and may no longer be modified in any respect.
Exceptions include:
- Correction of clerical errors
- Void judgments
- Circumstances transpiring after the finality of the decision rendering its execution unjust and inequitable

Modes of Appeal

Ordinary appeal: Appeal by writ of error (first appeal)
- Appeals to the Court of Appeals in cases decided by the Regional Trial Court in its original jurisdiction
- Covers questions of fact or mixed questions of fact and law, but not pure questions of law
Petition for review (second appeal):
- Appeals to the Court of Appeals in cases decided by the RTC in its appellate jurisdiction
- Covers questions of fact, of law, or mixed questions of fact or law (can be pure questions of law)
Appeal by certiorari (Rule 45):
- Appeals from the RTC to the Supreme Court in its original jurisdiction
- Covers pure questions of law directed to the Supreme Court.

Doctrine of Exhaustion of Administrative Remedies

Requires parties to exhaust all available administrative processes before seeking judicial intervention.
Gives the administrative officer every opportunity to decide on the matter within their jurisdiction.

Contents of Notice of Appeal

The full names of all parties to the proceedings
The judgment or final order from which the appeal is taken
Material dates showing timeliness

Affidavit for Preliminary Attachment

The action must be for the recovery of a specific sum of money or damages
Grounds for attachment must exist (e.g., defendant is about to abscond or fraudulently dispose of property)
There must be no sufficient security for the claim.
The amount claimed must be due and just.

Causal Fraud and Incidental Fraud

Causal fraud induces a party to enter into a contract.
Incidental fraud does not affect consent but may result in damages.
Causal fraud is committed before or simultaneously incurring the obligation.
Incidental fraud is committed after the obligation is contracted or during the performance of the obligation.

Instances where Levied Property is Allowed to be Sold at Public Auction

The text does not provide instances where levied property is allowed to be sold at a public auction.

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Description

This quiz explores the principles of the legal review process, focusing on the factual issue bar rule, appeals by writ of error, and the perfection of appeals. Test your understanding of the role of courts and the types of questions that can be raised in legal petitions.