Civil Procedure 2 (Preliminary Examination).pdf

Personal Notes Monday, 5 August 2024 3:10 pm Rules 40 to 56 of the Civil Procedure in the Philippines, including the exact provisions, summaries, important points to remember, and example scenarios: Rule 40: Appeal from Municipal Trial Courts to the Regional Trial Courts Provision: Sections 1 t...

Personal Notes Monday, 5 August 2024 3:10 pm Rules 40 to 56 of the Civil Procedure in the Philippines, including the exact provisions, summaries, important points to remember, and example scenarios: Rule 40: Appeal from Municipal Trial Courts to the Regional Trial Courts Provision: Sections 1 to 8 Summary: This rule outlines the procedure for appealing decisions from Municipal Trial Courts (MTC) to Regional Trial Courts (RTC). It specifies where to file the appeal, the necessary documents, and the timelines involved. Key Sections: 1. Where to Appeal (Section 1): An appeal from a judgment or final order of an MTC may be taken to the RTC exercising jurisdiction over the area to which the MTC pertains. 2. How Appeal is Taken (Section 2): The appeal is taken by filing a notice of appeal with the court that rendered the judgment or final order appealed from, and serving a copy upon the adverse party. 3. Transcript of Stenographic Notes (Section 3): If the appellant intends to raise questions of fact or mixed questions of fact and law, they must request the stenographic notes to be transcribed and filed with the court. 4. Record on Appeal (Section 4): When a record on appeal is required, it must be filed within 30 days from notice of the judgment or final order. 5. Appeal Fee (Section 5): The appellant must pay the docket and other lawful fees to the clerk of the court that rendered the judgment or final order. 6. Duty of the Clerk of Court (Section 6): The clerk of court must transmit the original record or the record on appeal to the RTC within 15 days from the perfection of the appeal. 7. Perfection of Appeal (Section 7): The appeal is deemed perfected as to the appellant upon the filing of the notice of appeal and the payment of the appeal fee. 8. Effect of Appeal (Section 8): The appeal stays the execution of the judgment or final order appealed from unless the court directs otherwise. Important to Remember: Appeals must be filed within the reglementary period. The appellant must provide a notice of appeal and, if required, a record on appeal. The appeal process involves specific timelines and fees that must be adhered to. Example Scenario: If a party loses a civil case in an MTC and believes there was an error in the judgment, they can appeal to the RTC within the specified period. For instance, if a tenant loses an eviction case in an MTC and believes the decision was based on an incorrect interpretation of the lease agreement, they can file a notice of appeal with the MTC and pay the necessary fees to have the case reviewed by the RTC. Additional Details: Interrupted time to appeal runs again from notice of denial of motion for new trial; fresh period rule. When a party files a motion for a new trial or reconsideration, the time to appeal is paused. Once the motion is denied, the countdown for the appeal period starts again, giving the party a fresh 15-day period to file their appeal from the date they receive notice of the denial. This ensures that parties have a fair opportunity to appeal after their motion is resolved. Appeal by pauper An "appeal by pauper" allows a person who cannot afford the costs associated with filing an appeal to proceed without paying these fees. This legal provision ensures that individuals with limited financial resources can still access the appellate process. To qualify, the appellant must demonstrate their inability to pay and typically must file a motion or affidavit of indigency. If granted, the court waives the filing fees and other related costs, allowing the appeal to move forward without financial barriers. Special proceedings before the Municipal Trial Court where notice of appeal is required. Special proceedings before the Municipal Trial Court, such as probate, guardianship, and settlement of estates, require a notice of appeal if a party wishes to challenge the court’s decision. These proceedings are distinct from ordinary civil or criminal cases and involve specific legal processes to address matters like the administration of a deceased person’s estate or the appointment of a guardian. Filing a notice of appeal is essential to initiate the appellate review, ensuring that the higher court can examine the lower court’s decision for any legal errors or issues. When there is judgment on the merits. New Section 1 Page 1 A judgment on the merits under Rule 40 of the Philippine Rules of Court occurs when the court renders a decision based on the substantive rights of the parties involved, rather than on procedural grounds. This type of judgment is reached after a thorough examination of the evidence and arguments presented by both sides, leading to a final determination of the issues in dispute. Such a judgment is conclusive and binding, preventing the same parties from relitigating the same issues in future cases due to the principle of res judicata Rule 41: Appeal from the Regional Trial Courts Provision: Sections 1 to 13 Summary: This rule governs appeals from decisions of the RTC to the Court of Appeals (CA) or the Supreme Court (SC). It specifies the types of decisions that can be appealed and the procedure for doing so. Key Sections: 1. Subject of Appeal (Section 1): Only final judgments or orders that affect the substantial rights of the parties can be appealed. 2. Modes of Appeal (Section 2): Appeals may be taken by ordinary appeal, petition for review, or appeal by certiorari. 3. Period of Appeal (Section 3): The appeal must be taken within 15 days from notice of the judgment or final order. 4. Notice of Appeal (Section 4): The appellant must file a notice of appeal with the court that rendered the judgment or final order. 5. Record on Appeal (Section 5): When required, the record on appeal must be filed within 30 days from notice of the judgment or final order. 6. Appeal Fee (Section 6): The appellant must pay the docket and other lawful fees. 7. Duty of the Clerk of Court (Section 7): The clerk of court must transmit the original record or the record on appeal to the appellate court within 15 days from the perfection of the appeal. 8. Perfection of Appeal (Section 8): The appeal is deemed perfected as to the appellant upon the filing of the notice of appeal and the payment of the appeal fee. 9. Effect of Appeal (Section 9): The appeal stays the execution of the judgment or final order appealed from unless the court directs otherwise. 10. Dismissal of Appeal (Section 10): The appeal may be dismissed for failure to comply with procedural requirements. 11. Withdrawal of Appeal (Section 11): The appellant may withdraw the appeal at any time before the record is transmitted to the appellate court. 12. Transmittal of Record (Section 12): The clerk of court must transmit the record to the appellate court within 30 days from the perfection of the appeal. 13. Effect of Withdrawal (Section 13): The withdrawal of the appeal reinstates the judgment or final order appealed from. Important to Remember: Not all decisions are appealable; only final judgments or orders that affect the substantial rights of the parties. The appeal must be filed within the specified period and must include the necessary documents and fees. Example Scenario: A party dissatisfied with an RTC decision in a civil case can appeal to the CA if they believe the RTC made a legal error. For example, if a party loses a breach of contract case in the RTC and believes the court misinterpreted the contract terms, they can file a notice of appeal and pay the required fees to have the case reviewed by the CA. Additional Details: Test to determine whether order is final or interlocutory Under Rule 41 of the Philippine Rules of Court, the test to determine whether an order is final or interlocutory hinges on whether the order completely disposes of the case or a particular matter therein, leaving nothing more for the court to do regarding its merits. A final order resolves the entire case or a specific issue definitively, making it appealable. In contrast, an interlocutory order does not settle the case entirely and requires further action or proceedings by the court, thus it is generally not appealable. Sin perjuicio judgments, conditional judgments and incomplete judgments are not appealable Under Rule 41x of the Philippine Rules of Court, sin perjuicio judgments, conditional judgments, and incomplete judgments are not appealable. A sin perjuicio judgment is issued without prejudice, meaning it does not prevent the parties from re- filing the case. Conditional judgments depend on the occurrence of a future event, and incomplete judgments do not resolve all the issues in the case. Since these types of judgments do not provide a final resolution on the merits, they are not subject to appeal. A decision based on a compromise agreement is not appealable Under Rule 41 of the Philippine Rules of Court, a decision based on a compromise agreement is not appealable. This is because such a decision is considered final and executory, reflecting the mutual agreement of the parties involved. Once the court approves the compromise agreement, it effectively resolves the dispute, leaving no grounds for an appeal. New Section 1 Page 2 Factual and legal issues are brought to the Court of Appeals; legal issues only are brought to the Supreme Court. In the Philippine judicial system, the Court of Appeals handles both factual and legal issues. This means that when a case is brought before the Court of Appeals, it can review the facts of the case as well as the application of the law. On the other hand, the Supreme Court primarily deals with legal issues. When a case is elevated to the Supreme Court, it generally focuses on questions of law rather than re-examining the factual findings of the lower courts. This distinction ensures that the Supreme Court’s role is to interpret and clarify the law, maintaining consistency and uniformity in its application. Pro forma motions for new trial to do not interrupt period for perfecting appeal In the context of the Philippine Rules of Court, pro forma motions for a new trial do not interrupt the period for perfecting an appeal. A pro forma motion is one that is filed merely as a formality and does not raise any substantial issues or arguments. Since it lacks substantive content, it does not affect the timeline for filing an appeal, meaning the original period for perfecting the appeal continues to run uninterrupted. This ensures that parties cannot use such motions to unduly delay the appellate process. Material data rule. The Material Data Rule under Rule 41 of the Philippine Rules of Court requires that certain essential dates be clearly indicated in the record on appeal. These dates include the date of filing of the complaint, the date of filing of the answer, the date of pre-trial, the date of trial, and the date of the decision or final order. This rule ensures that the appellate court can readily determine whether the appeal was filed within the reglementary period. Failure to comply with this requirement can result in the dismissal of the appeal. Rationale for the rule on separability of appeals The rationale for the rule on separability of appeals is to promote judicial efficiency and prevent piecemeal litigation. By allowing separate appeals for distinct and independent issues within a case, the courts can address and resolve specific legal questions without having to wait for the entire case to conclude. This approach helps to avoid unnecessary delays and ensures that critical legal issues can be promptly reviewed and corrected if needed. It also minimizes the risk of inconsistent rulings and reduces the burden on the appellate courts by focusing on discrete matters rather than the entire case. Rule 42: Petition for Review from the Regional Trial Courts to the Court of Appeals Provision: Sections 1 to 12 Summary: This rule provides the procedure for filing a petition for review with the CA from decisions of the RTC in cases decided under the RTC’s appellate jurisdiction. Key Sections: 1. How Appeal is Taken (Section 1): The appeal is taken by filing a verified petition for review with the CA within 15 days from notice of the RTC decision. 2. Contents of Petition (Section 2): The petition must include a concise statement of facts, issues, and arguments, as well as copies of relevant documents. 3. Effect of Filing Petition (Section 3): The filing of the petition does not stay the execution of the RTC decision unless the CA directs otherwise. 4. Answer (Section 4): The respondent must file an answer within 10 days from notice of the petition. 5. Transmittal of Record (Section 5): The RTC must transmit the record to the CA within 15 days from notice of the petition. 6. Submission for Decision (Section 6): The case is submitted for decision after the filing of the answer and the transmittal of the record. 7. Decision (Section 7): The CA must render a decision within 90 days from submission. 8. Motion for Reconsideration (Section 8): A party may file a motion for reconsideration within 15 days from notice of the decision. 9. New Trial (Section 9): A party may file a motion for new trial based on newly discovered evidence or other grounds. 10. Effect of Decision (Section 10): The decision of the CA is final and executory unless appealed to the SC. 11. Appeal to the Supreme Court (Section 11): A party may appeal the CA decision to the SC by filing a petition for review on certiorari. 12. Effect of Appeal (Section 12): The appeal to the SC does not stay the execution of the CA decision unless the SC directs otherwise. Important to Remember: The petition must be filed within 15 days from notice of the RTC decision. New Section 1 Page 3  The petition must be filed within 15 days from notice of the RTC decision. The petition must include a concise statement of facts and issues, as well as copies of relevant documents. Example Scenario: If a party is aggrieved by an RTC decision on an appeal from an MTC, they can file a petition for review with the CA. For instance, if a party loses an appeal in the RTC regarding a small claims case and believes the RTC made an error in its decision, they can file a petition for review with the CA within the specified period. Additional Details : Lower courts or judges are not impleaded. In the context of appeals, lower courts or judges are not impleaded because the appeal process is designed to review the decisions made by these courts, not to make them parties to the case. The focus of an appeal is on the correctness of the judgment or order issued by the lower court, rather than on the conduct or actions of the judges themselves. This principle ensures that the appellate court can impartially review the legal and factual issues without involving the lower court judges as litigants. Questions of Fact and/ or law raised. Under Rule 42 of the Philippine Rules of Court, a petition for review on certiorari to the Court of Appeals may raise both questions of fact and law. This means that the petitioner can challenge the factual findings of the lower court as well as the legal conclusions drawn from those facts. The Court of Appeals has the authority to review and reassess the evidence presented in the lower court, making its own determinations on both the factual and legal issues involved in the case1. This comprehensive review ensures that both the facts and the application of the law are thoroughly examined. Rule 43: Appeals from the Court of Tax Appeals and Quasi-Judicial Agencies to the Court of Appeals Provision: Sections 1 to 14 Summary: This rule outlines the procedure for appealing decisions from the Court of Tax Appeals (CTA) and various quasi- judicial agencies to the Court of Appeals (CA). Key Sections: 1. Scope (Section 1): This rule applies to appeals from decisions of the CTA and quasi-judicial agencies in the exercise of their quasi-judicial functions, except those issued under the Labor Code of the Philippines. 2. How Appeal is Taken (Section 2): The appeal is taken by filing a verified petition for review with the CA within 15 days from notice of the decision, order, or resolution appealed from. 3. Contents of Petition (Section 3): The petition must include a concise statement of facts, issues, and arguments, as well as copies of relevant documents. 4. Effect of Filing Petition (Section 4): The filing of the petition does not stay the execution of the decision, order, or resolution unless the CA directs otherwise. 5. Answer (Section 5): The respondent must file an answer within 10 days from notice of the petition. 6. Transmittal of Record (Section 6): The CTA or quasi-judicial agency must transmit the record to the CA within 15 days from notice of the petition. 7. Submission for Decision (Section 7): The case is submitted for decision after the filing of the answer and the transmittal of the record. 8. Decision (Section 8): The CA must render a decision within 90 days from submission. 9. Motion for Reconsideration (Section 9): A party may file a motion for reconsideration within 15 days from notice of the decision. 10. New Trial (Section 10): A party may file a motion for new trial based on newly discovered evidence or other grounds. 11. Effect of Decision (Section 11): The decision of the CA is final and executory unless appealed to the Supreme Court (SC). 12. Appeal to the Supreme Court (Section 12): A party may appeal the CA decision to the SC by filing a petition for review on certiorari. 13. Effect of Appeal (Section 13): The appeal to the SC does not stay the execution of the CA decision unless the SC directs otherwise. 14. Applicability of Other Rules (Section 14): The provisions of Rule 42 shall apply to appeals under this rule, insofar as they are not inconsistent with the provisions of Rule 43. Important to Remember: The appeal must be filed within 15 days from notice of the decision, order, or resolution. The petition must include a concise statement of facts and issues, as well as copies of relevant documents. Example Scenario: A taxpayer dissatisfied with a CTA decision can appeal to the CA under this rule. For instance, if a taxpayer loses a case in the CTA regarding a tax assessment and believes the CTA made an error in its decision, they can file a verified petition for review with the CA within the specified period. New Section 1 Page 4 Additional Details: What is a quasi-judicial agency A quasi-judicial agency is a non-judicial body that has the authority to interpret laws and make decisions similar to those made by courts. These agencies, such as arbitration panels or regulatory boards, conduct hearings, weigh evidence, and issue rulings that can affect the legal rights, duties, or privileges of specific parties. While they operate outside the traditional court system, their procedures often resemble judicial proceedings, ensuring fairness and due process. Examples include human rights commissions, zoning boards, and professional licensing bodies. Enumeration not exclusive. Under Rule 43 of the Philippine Rules of Court, the enumeration of quasi-judicial agencies from which appeals can be taken is not exclusive. This means that the rule applies to appeals from awards, judgments, final orders, or resolutions of any quasi-judicial agency exercising its quasi-judicial functions, even if the specific agency is not listed in the rule. The phrase “among these agencies” indicates that the list provided is illustrative rather than exhaustive, allowing for flexibility in the application of the rule. Decisions of the Secretary of Justice reviewable via petition for certiorari under Rule 65 Decisions made by the Secretary of Justice can be reviewed through a petition for certiorari under Rule 65, as referenced in Rule 43 of the Philippine Rules of Court. This means that if a party believes that the Secretary of Justice has committed a grave abuse of discretion amounting to lack or excess of jurisdiction, they can file a petition for certiorari to challenge the decision. This process allows for judicial review of the Secretary’s decisions to ensure they comply with legal standards and do not overstep their authority. Rule 43 is a discretionary mode of appeal Your summary is accurate. Decisions made by the Secretary of Justice can indeed be reviewed through a petition for certiorari under Rule 65, as referenced in Rule 43 of the Philippine Rules of Court. This process is available when there is an allegation of grave abuse of discretion amounting to lack or excess of jurisdiction. It ensures that the Secretary’s decisions are subject to judicial review, maintaining compliance with legal standards and preventing overreach of authority. Rule 44: Ordinary Appealed Cases Provision: Sections 1 to 15 Summary: This rule governs the procedure for handling ordinary appealed cases in the Court of Appeals (CA), including the preparation of records and briefs. Key Sections: 1. Title of Cases (Section 1): The title of the case shall remain as it was in the court of origin. 2. Appellant’s Brief (Section 2): The appellant must file a brief within 45 days from receipt of the notice to file a brief. 3. Appellee’s Brief (Section 3): The appellee must file a brief within 45 days from receipt of the appellant’s brief. 4. Reply Brief (Section 4): The appellant may file a reply brief within 20 days from receipt of the appellee’s brief. 5. Extension of Time (Section 5): Extensions of time for filing briefs may be granted for good cause shown. 6. Form of Briefs (Section 6): Briefs must be printed, typewritten, or mimeographed, and must conform to specific requirements. 7. Contents of Appellant’s Brief (Section 7): The appellant’s brief must contain a subject index, assignment of errors, statement of the case, statement of facts, issues, arguments, and relief sought. 8. Contents of Appellee’s Brief (Section 8): The appellee’s brief must contain a subject index, counter-statement of facts, arguments, and relief sought. 9. Contents of Reply Brief (Section 9): The reply brief must be confined to new matters raised in the appellee’s brief. 10. Filing and Service of Briefs (Section 10): Briefs must be filed with the CA and served on the adverse party. 11. Non-Filing of Briefs (Section 11): Failure to file briefs within the prescribed period may result in the dismissal of the appeal. 12. Dismissal of Appeal (Section 12): The CA may dismiss the appeal for failure to comply with procedural requirements. 13. Hearing of Appeal (Section 13): The CA may set the case for hearing or decide it on the basis of the briefs and records. 14. Submission of Case for Decision (Section 14): The case is submitted for decision after the filing of the briefs and the completion of the record. 15. Decision (Section 15): The CA must render a decision within 90 days from submission. Important to Remember: The appellant must submit a brief within 45 days from receipt of the notice to file a brief. New Section 1 Page 5  Compliance with procedural requirements is essential to avoid dismissal. Example Scenario: An appeal from an RTC decision in a civil case is processed under this rule in the CA. For instance, if a party loses a property dispute case in the RTC and believes the court made an error in its judgment, they can file an appeal with the CA and submit the required briefs within the specified period. Additional Details: Liberal application of the rule. Under Rule 44 of the Philippine Rules of Court, the principle of liberal application of the rules is emphasized to ensure that justice is served. This means that procedural rules should be interpreted and applied in a flexible manner, allowing for a fair and just resolution of cases. The courts are encouraged to prioritize the substantive rights of the parties over strict adherence to technicalities, especially when such adherence would result in injustice. This approach aims to facilitate the efficient and equitable administration of justice, ensuring that cases are decided on their merits rather than on procedural grounds. Appellee cannot obtain affirmative relief. In the context of appeals, the appellee (the party who won in the lower court) generally cannot obtain affirmative relief, meaning they cannot seek additional benefits or changes to the judgment in their favor. The appellee’s role is primarily to defend the lower court’s decision against the appellant’s (the party appealing) claims. If the appellee seeks to modify the judgment or obtain further relief, they must file a cross-appeal. This ensures that the appellate court’s review is focused on the issues raised by the appellant, maintaining procedural fairness and clarity. What principle forbids the parties from changing their theory of case The principle that forbids parties from changing their theory of the case is known as the Doctrine of Estoppel. This principle prevents a party from adopting a different stance or theory in the appellate court than the one they presented in the lower court. The rationale behind this doctrine is to ensure fairness and consistency in judicial proceedings, as allowing a party to change their theory could prejudice the opposing party and disrupt the orderly administration of justice. Exception to rule prohibiting change of theory on appeal. An exception to the rule prohibiting a change of theory on appeal occurs when the new theory is based on facts already on record and does not require additional evidence. This exception allows the appellate court to consider the new theory if it is necessary to achieve a just resolution of the case. The rationale is to ensure that justice is not sacrificed for the sake of procedural technicalities, especially when the new theory can be addressed without prejudice to the opposing party. Rule 44 of the Philippine Rules of Court deals with the procedure for appeals from the Regional Trial Courts to the Court of Appeals. 1. Part One: Notice of Appeal - This section outlines the requirements for filing a notice of appeal, including the timeframe within which it must be filed and the necessary contents of the notice. 2. Part Two: Record on Appeal - This part specifies what should be included in the record on appeal, such as pleadings, evidence, and other relevant documents. It also details the process for transmitting the record to the appellate court. 3. Part Three: Briefs - This section describes the requirements for the appellant’s and appellee’s briefs, including their content, format, and deadlines for submission. It ensures that both parties present their arguments clearly and comprehensively. 4. Part Four: Oral Arguments - This part addresses the circumstances under which oral arguments may be requested or required, and the procedures for conducting them. It provides guidelines for how the parties can present their case orally before the appellate court. 5. Part Five: Judgment - This section outlines how the appellate court will render its judgment, including the possible outcomes and the process for issuing the decision. It ensures that the judgment is based on a thorough review of the record and the briefs. 6. Part Six: Execution of Judgment - This part details the procedures for executing the appellate court’s judgment, including any necessary steps for enforcement. It ensures that the judgment is implemented effectively and in accordance with the law. These parts collectively ensure a structured and fair process for handling appeals, providing clear guidelines for both the parties involved and the appellate court. Rule 45: Appeal by Certiorari to the Supreme Court Provision: Sections 1 to 9 New Section 1 Page 6 Provision: Sections 1 to 9 Summary: This rule provides the procedure for appealing decisions of the Court of Appeals (CA), the Sandiganbayan, and other courts to the Supreme Court (SC) by certiorari. It focuses on raising questions of law rather than questions of fact. Key Sections: 1. Filing of Petition (Section 1): The petition must be filed within 15 days from notice of the judgment or final order appealed from, or of the denial of the petitioner’s motion for new trial or reconsideration filed in due time after notice of the judgment. 2. Contents of Petition (Section 2): The petition must include a concise statement of facts, issues, and arguments, as well as copies of relevant documents such as the judgment or final order appealed from, and the material portions of the record as would support the allegations of the petition. 3. Effect of Filing Petition (Section 3): The filing of the petition does not stay the execution of the judgment or final order appealed from unless the SC directs otherwise upon such terms as it may deem just. 4. Answer (Section 4): The respondent must file an answer within 10 days from notice of the petition, unless a different period is fixed by the SC. 5. Transmittal of Record (Section 5): The lower court must transmit the record to the SC within 15 days from notice of the petition. 6. Submission for Decision (Section 6): The case is submitted for decision after the filing of the answer and the transmittal of the record. 7. Decision (Section 7): The SC must render a decision within 90 days from submission. 8. Motion for Reconsideration (Section 8): A party may file a motion for reconsideration within 15 days from notice of the decision. 9. New Trial (Section 9): A party may file a motion for new trial based on newly discovered evidence or other grounds. Important to Remember: The petition must be filed within 15 days from notice of the judgment or final order. The petition must raise only questions of law, not questions of fact. Example Scenario: A party seeking to challenge a CA decision on legal grounds can file a petition for certiorari with the SC. For example, if a party loses an appeal in the CA and believes the CA made an error in interpreting the law, they can file a petition for certiorari with the SC within the specified period. This might occur in a case where the CA’s interpretation of a statute is in question, and the party believes the SC should review the legal interpretation. Additional Details: The Supreme Court is not a tier of facts. That’s correct. The Supreme Court of the Philippines primarily functions as a court of law, not a court of facts. This means that it generally reviews legal issues rather than re-examining factual findings made by lower courts. The Supreme Court ensures that the law has been correctly interpreted and applied, focusing on questions of law rather than delving into the evidence and factual determinations, which are typically the purview of trial courts and the Court of Appeals. This distinction helps maintain the efficiency and clarity of the judicial process. Questions of law distinguished from questions of fact. Questions of law involve the interpretation and application of legal principles and statutes. They are concerned with what the law is, how it should be applied, and whether the legal standards were correctly followed. These questions are typically decided by judges. Questions of fact, on the other hand, pertain to the actual events and circumstances of a case. They involve determining what happened, who did what, and the credibility of evidence and witnesses. These questions are usually resolved by a jury or the judge in a bench trial. In essence, questions of law address the legal framework, while questions of fact focus on the specifics of the case. When Supreme Court may inquire into conclusions of facts made by Court of Appeals The Supreme Court of the Philippines may inquire into the conclusions of facts made by the Court of Appeals under certain exceptional circumstances. These include: 1. When the findings are grounded entirely on speculation, surmises, or conjectures. 2. When the inference made is manifestly mistaken, absurd, or impossible. 3. When there is a grave abuse of discretion. 4. When the judgment is based on a misapprehension of facts. 5. When the findings of fact are conflicting. New Section 1 Page 7  5. When the findings of fact are conflicting. 6. When the Court of Appeals goes beyond the issues of the case and makes findings contrary to the admissions of the parties. 7. When the findings of fact are conclusions without citation of specific evidence on which they are based. 8. When the facts set forth in the petition as well as in the petitioner’s main and reply briefs are not disputed by the respondent. 9. When the findings of fact of the Court of Appeals are premised on the supposed absence of evidence and contradicted by the evidence on record. These exceptions allow the Supreme Court to ensure that justice is served by correcting any significant errors in the factual findings of the Court of Appeals. Fresh Period Rule. The Fresh Period Rule in the Philippine Rules of Court provides that if a motion for reconsideration or a motion for new trial is denied, the party who filed the motion has a fresh period of 15 days from receipt of the notice of denial to file an appeal. This rule ensures that the party is not prejudiced by the time spent waiting for the resolution of their motion, effectively giving them a new 15-day period to perfect their appeal. This promotes fairness by allowing adequate time to prepare and file the necessary appeal documents. Rule 46: Original Cases in the Court of Appeals Provision: Sections 1 to 7 Summary: This rule outlines the procedure for filing original actions in the Court of Appeals (CA), such as certiorari, prohibition, and mandamus. These are special civil actions that challenge the jurisdiction or authority of lower courts or government agencies. Key Sections: 1. How Original Actions are Commenced (Section 1): Original actions are commenced by filing a verified petition with the CA. The petition must be verified by the petitioner or someone on their behalf who knows the facts. 2. Contents of Petition (Section 2): The petition must include a concise statement of facts, the issues involved, the grounds relied upon for the relief sought, and copies of relevant documents. It must also state the specific relief sought. 3. Effect of Filing Petition (Section 3): The filing of the petition does not stay the execution of the judgment, order, or resolution complained of unless the CA directs otherwise upon such terms as it may deem just. 4. Answer (Section 4): The respondent must file an answer within 10 days from notice of the petition, unless a different period is fixed by the CA. The answer must be verified and must include a concise statement of facts and law. 5. Transmittal of Record (Section 5): The lower court or agency must transmit the record to the CA within 15 days from notice of the petition. 6. Submission for Decision (Section 6): The case is submitted for decision after the filing of the answer and the transmittal of the record. The CA may require the parties to submit memoranda or other documents. 7. Decision (Section 7): The CA must render a decision within 90 days from submission. The decision must state clearly and distinctly the facts and the law on which it is based. Important to Remember: The petition must be verified and include a concise statement of facts and issues. The CA has original jurisdiction over certain actions such as certiorari, prohibition, and mandamus. Example Scenario: A party seeking to challenge the actions of a lower court or government agency can file an original action in the CA. For instance, if a party believes that a lower court acted without or in excess of its jurisdiction, they can file a petition for certiorari with the CA. This might occur if a lower court issues an order that the party believes is beyond its legal authority, and they seek to have the CA review and nullify that order. Rule 47: Annulment of Judgments or Final Orders and Resolutions Provision: Sections 1 to 10 Summary: This rule provides the procedure for seeking the annulment of judgments or final orders and resolutions of the Regional Trial Courts (RTC). It is an extraordinary remedy available only under specific circumstances, such as extrinsic fraud or lack of jurisdiction. Key Sections: 1. Grounds for Annulment (Section 1): The petition must be based on extrinsic fraud or lack of jurisdiction. 2. Filing of Petition (Section 2): The petition must be filed with the Court of Appeals (CA) within four years from New Section 1 Page 8  2. Filing of Petition (Section 2): The petition must be filed with the Court of Appeals (CA) within four years from discovery of the extrinsic fraud or lack of jurisdiction. 3. Contents of Petition (Section 3): The petition must include a concise statement of facts, issues, and arguments, as well as copies of relevant documents. 4. Effect of Filing Petition (Section 4): The filing of the petition does not stay the execution of the judgment or final order unless the CA directs otherwise. 5. Answer (Section 5): The respondent must file an answer within 10 days from notice of the petition. 6. Transmittal of Record (Section 6): The RTC must transmit the record to the CA within 15 days from notice of the petition. 7. Submission for Decision (Section 7): The case is submitted for decision after the filing of the answer and the transmittal of the record. 8. Decision (Section 8): The CA must render a decision within 90 days from submission. 9. Motion for Reconsideration (Section 9): A party may file a motion for reconsideration within 15 days from notice of the decision. 10. New Trial (Section 10): A party may file a motion for new trial based on newly discovered evidence or other grounds. Important to Remember: The petition must be based on extrinsic fraud or lack of jurisdiction. The petition must be filed within four years from discovery of the extrinsic fraud or lack of jurisdiction. Example Scenario: A party who discovers that a judgment was obtained through fraud can seek its annulment under this rule. For example, if a party learns that the opposing party used forged documents to obtain a favorable judgment, they can file a petition for annulment with the CA. This might occur if, after a judgment is rendered, new evidence comes to light showing that the judgment was based on fraudulent documents or that the court lacked jurisdiction to issue the judgment in the first place. Additional Details: Annulment is a last remedy. Yes, annulment is often considered a last remedy in legal proceedings. This is because it is a drastic measure that effectively nullifies a marriage or contract, treating it as though it never existed. Courts typically prefer to resolve issues through less severe means, such as reconciliation, mediation, or other forms of dispute resolution. Annulment is usually pursued only when there are significant grounds, such as fraud, lack of consent, or other serious legal defects that invalidate the marriage or contract from the outset. This approach ensures that annulment is used judiciously and only when absolutely necessary. Extrinsic Fraud. Under Rule 47 of the Philippine Rules of Court, extrinsic fraud is a ground for the annulment of judgments or final orders. Extrinsic fraud refers to deceptive practices that prevent a party from fully participating in the proceedings or presenting their case. This type of fraud occurs outside the trial itself and includes actions such as: 1. Concealing material facts from the opposing party. 2. Preventing a party from attending the trial through deceit or trickery. 3. Misleading a party about the date or place of the trial. The key aspect of extrinsic fraud is that it deprives the affected party of their day in court, thereby undermining the fairness of the judicial process. If proven, extrinsic fraud can lead to the annulment of the judgment, allowing the aggrieved party to seek a fair trial. Rule 48: Preliminary Conference Provision: Sections 1 to 3 Summary: This rule mandates a preliminary conference in appealed cases to simplify issues, obtain stipulations, and consider the possibility of settlement. It aims to streamline the appeal process and encourage the resolution of disputes without further litigation. Key Sections: 1. Preliminary Conference (Section 1): The Court of Appeals (CA) may direct the parties to appear for a preliminary conference to simplify issues, obtain stipulations, and consider the possibility of settlement. The CA may also consider other matters that may aid in the prompt disposition of the appeal. 2. Notice of Conference (Section 2): The parties must be given notice of the preliminary conference at least five days before the date set for the conference. The notice must specify the matters to be considered at the conference. 3. Record of Conference (Section 3): The proceedings at the preliminary conference must be recorded, and the record New Section 1 Page 9  3. Record of Conference (Section 3): The proceedings at the preliminary conference must be recorded, and the record must be signed by the parties and their counsel. The record shall bind the parties and control the subsequent course of the action unless modified by the CA to prevent manifest injustice. Important to Remember: The preliminary conference is a crucial step to streamline the appeal process. The conference aims to simplify issues, obtain stipulations, and consider the possibility of settlement. Example Scenario: Before proceeding with an appeal, the parties and the court hold a preliminary conference to discuss and narrow down the issues. For instance, in an appeal involving a contract dispute, the parties might agree on certain facts and limit the issues to be decided by the court, potentially leading to a quicker resolution. Rule 49: Submission for Decision Provision: Sections 1 to 2 Summary: This rule outlines the procedure for submitting appealed cases for decision in the Court of Appeals (CA). It ensures that the case is ready for decision after all necessary documents and briefs have been filed. Key Sections: 1. When Case is Deemed Submitted for Decision (Section 1): The case is deemed submitted for decision upon the filing of the last pleading, brief, or memorandum required by the rules or by the court. 2. Notice of Submission (Section 2): The CA must notify the parties that the case is deemed submitted for decision. The notice must state the date when the case was submitted for decision. Important to Remember: The case is submitted for decision after the filing of the last required pleading, brief, or memorandum. The CA must notify the parties that the case is deemed submitted for decision. Example Scenario: Once all briefs are submitted in an appeal, the case is ready for decision by the CA. For instance, in an appeal involving a breach of contract case, after the appellant and appellee have filed their respective briefs, the CA will notify the parties that the case is deemed submitted for decision, and the court will proceed to render its judgment. Additional Details : Applicable to original actions and appealed cases. Rule 49 of the Philippine Rules of Court deals with the procedure for appeals from the Regional Trial Courts to the Court of Appeals. It is applicable to both original actions and appealed cases. This means that the rule governs the process for appealing decisions made in initial trials as well as those that have already been appealed once. The rule ensures that there is a consistent and fair procedure for handling appeals, regardless of whether the case is being appealed for the first time or has already undergone an appellate review. This approach helps maintain the integrity and efficiency of the judicial process. Rule 50: Dismissal of Appeal Provision: Sections 1 to 6 Summary: This rule provides the grounds and procedures for dismissing an appeal in the Court of Appeals (CA). It ensures that appeals are dismissed when procedural requirements are not met or when the appeal is found to be frivolous or dilatory. Key Sections: 1. Grounds for Dismissal (Section 1): The CA may dismiss an appeal on its own motion or on that of the appellee on the following grounds: ○ Failure to file the notice of appeal or the record on appeal within the prescribed period. ○ Failure to pay the docket and other lawful fees. ○ Failure to file the appellant’s brief within the prescribed period. ○ Absence of specific assignment of errors in the appellant’s brief. Failure to serve and file the required number of copies of the brief. New Section 1 Page 10  ○ Failure to serve and file the required number of copies of the brief. ○ Failure to comply with any order of the court. 2. Dismissal on Motion of Appellee (Section 2): The appellee may file a motion to dismiss the appeal on any of the grounds mentioned in Section 1. 3. Dismissal on Motion of Appellant (Section 3): The appellant may file a motion to dismiss their own appeal at any time before the CA renders a decision. 4. Effect of Dismissal (Section 4): The dismissal of the appeal reinstates the judgment or final order appealed from. 5. Notice of Dismissal (Section 5): The CA must notify the parties of the dismissal of the appeal. 6. Reinstatement of Appeal (Section 6): The CA may reinstate an appeal dismissed for failure to file the appellant’s brief if it finds that the failure was due to a justifiable cause. Important to Remember: Compliance with procedural requirements is essential to avoid dismissal. The CA has the authority to dismiss an appeal on its own motion or on the motion of the appellee. Example Scenario: An appeal may be dismissed if the appellant fails to file the required brief within the specified period. For instance, if a party appeals an RTC decision but does not submit their appellant’s brief within the 45-day period, the CA may dismiss the appeal for non-compliance with procedural requirements. This ensures that the appellate process is not delayed by parties who do not adhere to the rules. Additional Details: Dismissal of appeal under Rule 50 is not mandatory. That’s correct. Under Rule 50 of the Philippine Rules of Court, the dismissal of an appeal is not mandatory but discretionary. The appellate court has the authority to dismiss an appeal for various reasons, such as failure to comply with procedural requirements or lack of merit. However, the court may choose not to dismiss the appeal if it finds that doing so would serve the interests of justice. This discretionary power allows the court to consider the specific circumstances of each case and make decisions that ensure fairness and equity. Liberal interpretation of the "material data rule" Under Rule 50 of the Philippine Rules of Court, the liberal interpretation of the “material data rule” allows for some flexibility in ensuring that appeals are not dismissed on purely technical grounds. The “material data rule” requires that essential dates and procedural steps be clearly indicated in the record on appeal. However, a liberal interpretation means that minor errors or omissions that do not prejudice the substantial rights of the parties may be overlooked. This approach aims to prioritize justice and fairness over strict procedural compliance, ensuring that appeals are decided on their merits rather than dismissed due to technicalities. Moot causes. Rule 50 of the Federal Rules of Civil Procedure deals with Judgment as a Matter of Law in a jury trial. It allows a party to request the court to rule in their favor if there is no legally sufficient evidentiary basis for a reasonable jury to find for the opposing party. A case can become moot under Rule 50 if intervening circumstances make it impossible for the court to grant any effectual relief to the prevailing party.This can happen due to actions by the litigants or external factors. Frivolous appeals; definition of frivolous appeals Rule 50 of the Federal Rules of Civil Procedure does not specifically address frivolous appeals. Instead, frivolous appeals are typically covered under Rule 38 of the Federal Rules of Appellate Procedure. An appeal is considered frivolous if the result is obvious or if the claims of error are wholly without merit. This means that the appeal lacks any basis in law or fact and is not supported by any reasonable argument for the extension, modification, or reversal of existing law. Appellate Court is the proper court to determine frivolous appeals. The Appellate Court is the proper court to determine frivolous appeals because it has the authority to review the decisions of lower courts and assess the validity of the arguments presented on appeal. When an appeal is deemed frivolous, meaning it lacks any basis in law or fact and is not supported by a reasonable argument for the extension, modification, or reversal of existing law, the appellate court can impose sanctions. These sanctions may include ordering the appellant to pay the appellee’s costs and attorney’s fees, thereby discouraging the misuse of the judicial process and ensuring that only meritorious appeals are pursued. Legality of allowance by trial court of appeal filed out of time may be raised at any stage. New Section 1 Page 11 The legality of a trial court allowing an appeal filed out of time can indeed be raised at any stage of the proceedings because the timeliness of an appeal is a jurisdictional issue, impacting the court’s authority to hear the case. If an appeal is not filed within the prescribed time limits, the appellate court may lack jurisdiction to consider it. Consequently, any party can challenge the trial court’s decision to permit a late appeal at any point, even if it was initially overlooked, ensuring that jurisdictional requirements are strictly adhered to. Two modes of appealing a Regional Trial Court (RTC) decision. There are two primary modes of appealing a Regional Trial Court (RTC) decision under the Rules of Court. First, an ordinary appeal is filed with the Court of Appeals when the RTC exercises its original jurisdiction. This involves submitting a notice of appeal to the RTC that rendered the decision. Second, a petition for review is used when the RTC exercises its appellate jurisdiction. This petition is filed directly with the Court of Appeals and follows the procedures outlined in Rule 42. Both modes ensure that decisions can be reviewed and corrected if necessary. Issue raised involves pure question of law. When an issue raised on appeal involves a pure question of law, it means that the appellate court is asked to determine the correct application or interpretation of the law, without needing to consider any factual disputes. In such cases, the appellate court reviews the legal principles and statutes relevant to the case and makes a decision based solely on legal arguments. This type of appeal is typically reviewed de novo, meaning the appellate court gives no deference to the trial court's legal conclusions. Erroneous Appeal An erroneous appeal occurs when an appeal is filed based on incorrect or unfounded legal grounds. This can happen if the appellant misunderstands the law, misinterprets the facts, or fails to follow proper procedural rules. When an appellate court identifies an appeal as erroneous, it may dismiss the appeal and, in some cases, impose sanctions on the appellant for wasting the court’s time and resources. This ensures that the judicial system remains efficient and that only legitimate appeals are considered. Rule 51: Judgment Provision: Sections 1 to 4 Summary: This rule governs the rendering of judgments in appealed cases by the Court of Appeals (CA). It specifies the form and content of the judgment, the procedure for its promulgation, and the issuance of the entry of judgment. Key Sections: 1. Judgment (Section 1): The judgment must state clearly and distinctly the facts and the law on which it is based, signed by the justices who took part in the deliberation. 2. Promulgation and Notice (Section 2): The judgment is promulgated by filing it with the clerk of court, who must notify the parties of the judgment. The date of promulgation is the date of filing. 3. Finality of Judgment (Section 3): The judgment becomes final and executory after the lapse of the period for filing a motion for reconsideration or an appeal, without any such motion or appeal having been filed. 4. Entry of Judgment (Section 4): The entry of judgment is made by the clerk of court, who records the judgment in the book of entries of judgments after it has become final and executory. Important to Remember: The judgment must clearly state the findings of fact and conclusions of law. The judgment becomes final and executory if no motion for reconsideration or appeal is filed within the prescribed period. Example Scenario: The CA issues a judgment in an appealed case, detailing the reasons for its decision. For instance, in an appeal involving a contract dispute, the CA’s judgment will outline the facts of the case, the applicable law, and the court’s conclusions. Once the judgment is promulgated and no further motions or appeals are filed within the prescribed period, the judgment becomes final and executory, and the clerk of court will enter it into the book of entries of judgments. Additional Details: Law of the case. The “law of the case” doctrine is not explicitly covered under Rule 51 of the Federal Rules of Civil Procedure. Rule 51 New Section 1 Page 12 The “law of the case” doctrine is not explicitly covered under Rule 51 of the Federal Rules of Civil Procedure. Rule 51 primarily deals with jury instructions, objections, and preserving claims of error during a trial. However, the “law of the case” doctrine is a judicial principle that prevents re-litigation of issues that have already been decided in the same case. Once a court has ruled on a legal question during the course of litigation, that decision should generally be followed in subsequent stages of the same case to ensure consistency and avoid re-arguing settled matters. Memorandum decision. A memorandum decision is a brief opinion issued by a court that resolves the case without providing a detailed explanation of the court’s reasoning. These decisions are typically used in cases where the legal issues are straightforward, well-settled, or do not require extensive legal analysis. Memorandum decisions are often unpublished and may not be cited as precedent in future cases. They serve to expedite the resolution of cases and reduce the court’s workload while still providing a final judgment. Harmless error rule. The harmless error rule is a legal principle that allows appellate courts to uphold a trial court’s decision despite the presence of errors, as long as those errors did not affect the substantial rights of the parties involved. Essentially, if the appellate court determines that the error did not influence the outcome of the case or cause any significant prejudice, the decision will not be overturned. This rule helps to prevent unnecessary retrials and ensures that minor mistakes do not invalidate otherwise fair and just verdicts. Effect of appeal by one of several judgment debtors. When one of several judgment debtors files an appeal, the effect on the other debtors depends on whether their liability is joint, several, or joint and several. If the liability is joint or joint and several, the appeal by one debtor can potentially benefit all debtors if the appellate court reverses or modifies the judgment. However, if the liability is several, the appeal by one debtor typically does not affect the others, and each debtor remains independently responsible for their portion of the judgment. Rule 52: Motion for Reconsideration Provision: Sections 1 to 3 Summary: This rule outlines the procedure for filing a motion for reconsideration of a decision or final order of the Court of Appeals (CA). It provides the grounds for filing such a motion and the requirements for its content and filing. Key Sections: 1. Period for Filing (Section 1): A motion for reconsideration must be filed within 15 days from notice of the judgment or final order of the CA. 2. Contents of Motion (Section 2): The motion must state the grounds relied upon and must be accompanied by a written explanation of the reasons for the reconsideration. It must also include a notice of hearing addressed to the parties. 3. Second Motion for Reconsideration (Section 3): No second motion for reconsideration of a judgment or final order by the same party shall be entertained. Important to Remember: The motion for reconsideration must be filed within 15 days from notice of the judgment or final order. Only one motion for reconsideration is allowed; a second motion by the same party will not be entertained. Example Scenario: A party dissatisfied with a CA decision can file a motion for reconsideration to seek a review of the decision. For instance, if a party believes that the CA overlooked certain facts or misapplied the law in its decision, they can file a motion for reconsideration within 15 days from notice of the judgment, explaining the grounds for reconsideration and requesting the CA to re-evaluate its decision. Additional Details: Stay of execution. Under Rule 52 of the Federal Rules of Civil Procedure, a stay of execution can be granted pending the disposition of certain post-trial motions. Specifically, the court may stay the execution of a judgment or any proceedings to enforce it while it considers motions to amend the findings or for additional findings under Rule 52(b), motions for a new trial or to alter or New Section 1 Page 13 considers motions to amend the findings or for additional findings under Rule 52(b), motions for a new trial or to alter or amend a judgment under Rule 59, or motions for relief from a judgment or order under Rule 60. This ensures that the judgment is not enforced while there are still unresolved issues that could potentially alter the outcome of the case. Rule 53: New Trial Provision: Sections 1 to 3 Summary: This rule provides the procedure for seeking a new trial in the Court of Appeals (CA) based on newly discovered evidence or other grounds. It allows a party to request a re-examination of the case if certain conditions are met. Key Sections: 1. Grounds for New Trial (Section 1): A new trial may be granted on the following grounds: ○ Newly discovered evidence, which could not have been discovered and produced at the trial with reasonable diligence, and which if presented would probably alter the result. ○ Fraud, accident, mistake, or excusable negligence which ordinary prudence could not have guarded against and by reason of which such aggrieved party has probably been impaired in their rights. 2. Contents of Motion (Section 2): The motion for new trial must be supported by affidavits of merits and affidavits of witnesses by whom such evidence is expected to be given, or by duly authenticated documents which are proposed to be introduced in evidence. 3. Hearing and Resolution (Section 3): The CA shall set the motion for hearing and resolve it within 30 days from the hearing. If the motion is granted, the original judgment or final order shall be vacated, and the case shall be set for a new trial. Important to Remember: The motion for new trial must be based on newly discovered evidence or other specified grounds. The motion must be supported by affidavits or authenticated documents. Example Scenario: A party who discovers new evidence after a CA decision can seek a new trial under this rule. For instance, if a party finds new documents that were not available during the original trial and believes these documents could change the outcome of the case, they can file a motion for a new trial with the CA, supported by affidavits and the new evidence. This might occur in a case where critical evidence was overlooked or unavailable during the initial proceedings, and its introduction could potentially lead to a different judgment. Rule 54: Internal Business Provision: Sections 1 to 2 Summary: This rule governs the internal business and administrative matters of the Court of Appeals (CA). It includes provisions on the assignment of cases and the conduct of court sessions to ensure the efficient management of the court’s workload. Key Sections: 1. Assignment of Cases (Section 1): The Presiding Justice of the CA shall assign cases to the different divisions of the court in accordance with the internal rules of the CA. The assignment must be done in such a manner as to ensure an equitable distribution of cases among the divisions. 2. Conduct of Court Sessions (Section 2): The CA shall hold regular sessions for the hearing and determination of cases. Special sessions may be held as necessary. The sessions must be conducted in accordance with the internal rules of the CA. Important to Remember: The Presiding Justice is responsible for the equitable assignment of cases to the different divisions of the CA. The CA holds regular and special sessions to manage its caseload efficiently. Example Scenario: The CA follows this rule for the efficient management of its caseload and administrative functions. For instance, if there is a sudden increase in the number of cases, the Presiding Justice may assign additional cases to certain divisions or schedule special sessions to ensure timely resolution of cases. This helps maintain the smooth operation of the court and prevents backlogs. Rule 55: Publication of Judgments and Final Resolutions New Section 1 Page 14 Provision: Sections 1 to 2 Summary: This rule mandates the publication of judgments and final resolutions of the Court of Appeals (CA) to ensure transparency and public access to court decisions. Key Sections: 1. Publication of Judgments and Final Resolutions (Section 1): The CA shall cause the publication of its judgments and final resolutions in the Official Gazette or in a newspaper of general circulation. The publication must include the full text of the judgment or resolution, except when the court orders otherwise for reasons of confidentiality or privacy. 2. Effectivity of Judgments and Final Resolutions (Section 2): Judgments and final resolutions shall take effect upon their promulgation unless the court provides otherwise. The date of effectivity must be indicated in the publication. Important to Remember: The CA is required to publish its judgments and final resolutions to ensure public access and transparency. The publication must include the full text of the judgment or resolution, unless confidentiality or privacy concerns dictate otherwise. Example Scenario: The CA publishes its judgments and final resolutions in accordance with this rule. For instance, after rendering a decision in a high-profile case, the CA ensures that the judgment is published in the Official Gazette or a widely circulated newspaper, allowing the public to access and review the court’s decision. This practice promotes transparency and accountability in the judicial process. user rule 56 assistant Rule 56: Procedure in the Supreme Court Provision: Sections 1 to 6 Summary: This rule outlines the procedure for handling cases in the Supreme Court (SC), including appeals and original actions. It ensures that cases are processed efficiently and in accordance with established legal principles. Key Sections: 1. Original Cases (Section 1): The SC has original jurisdiction over certain cases, such as petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus. These cases are commenced by filing a verified petition with the SC. 2. Appealed Cases (Section 2): Appeals to the SC are taken by filing a petition for review on certiorari, which must raise only questions of law. The petition must be filed within 15 days from notice of the judgment or final order appealed from. 3. Form and Contents of Petition (Section 3): The petition must include a concise statement of facts, issues, and arguments, as well as copies of relevant documents. It must also state the specific relief sought. 4. Effect of Filing Petition (Section 4): The filing of the petition does not stay the execution of the judgment or final order appealed from unless the SC directs otherwise upon such terms as it may deem just. 5. Submission for Decision (Section 5): The case is submitted for decision after the filing of the last pleading, brief, or memorandum required by the rules or by the court. 6. Decision (Section 6): The SC must render a decision within 24 months from the date of submission for decision. The decision must state clearly and distinctly the facts and the law on which it is based. Important to Remember: The SC has original jurisdiction over certain cases and appellate jurisdiction over others. Appeals to the SC must raise only questions of law and must be filed within the specified period. The SC aims to render decisions within 24 months from submission. Example Scenario: A party seeking to challenge a decision of the Court of Appeals (CA) on legal grounds can file a petition for review on certiorari with the SC. For instance, if a party believes that the CA made an error in interpreting the law, they can file a petition with the SC, outlining the legal issues and arguments. The SC will then review the case and render a decision based on the legal questions presented. This might occur in cases where there is a significant legal principle at stake, and the party believes the SC should provide a definitive interpretation. Additional Details: Effect of dismissal of original action of certiorari for lack of necessity voted When an original action for a writ of certiorari is dismissed for lack of necessity under Rule 56, it means that the higher court has determined that there is no need to review the lower court’s decision. This dismissal effectively upholds the lower court’s ruling. The dismissal can be based on various factors, such as the issue being moot, the absence of a substantial federal question, or the case not meeting the criteria for certiorari. As a result, the lower court’s decision remains in effect, and the parties must comply with that ruling. New Section 1 Page 15