Appellate Remedies - Justice Magdangal M. de Leon PDF
Appellate Remedies - Justice Magdangal M. de Leon PDF
Appellate Remedies - Justice Magdangal M. de Leon PDF
Exceptions:
1. solidarity in obligations (Citytrust Banking
Corp. vs. CA, 196 SCRA 553; Universal
Motors Corp. vs. CA, 205 SCRA 448).
2. interest of justice (Batingal vs. CA, 351
SCRA 60).
PETITION FOR REVIEW –
RULES 42 and 43
Rule 42 - petitions for review of decisions of
RTC in exercise of appellate jurisdiction
over cases decided by MTC.
Rule 42 covers:
Effect of appeal
♦ shall stay judgment
or final order (Sec. 8,
Rule 42).
Exceptions:
a. civil cases decided under the
Rule on Summary Procedure
b. when CA, law or Rules of Court
provide otherwise
♦ shall not stay judgment or
final order (Sec. 12, Rule 43).
Exception:
a. when CA directs otherwise
(thru issuance of injunctive
order)
Exception: CA injunctive order not
binding in Ombudsman
administrative disciplinary cases
(Buencamino vs. CA, G. R. No.
175895, April 12, 2007, Office of the
Ombudsman vs. Samaniego, G.R.
No. 175573, October 5, 2010
(Resolution) and Facura vs. CA, G. R.
No. 166495, February 16, 2011)
PETITION FOR REVIEW ON
CERTIORARI – RULE 45
• How appeal taken and time for filing (Secs. 1 &
2).
a. verified petition for review and payment of
docket and other lawful fees and deposit for
costs
b. within 15 days from notice of judgment or
final order or resolution appealed from, or
denial of motion for new trial or
reconsideration, extendible by 30 days for
justifiable reasons
Section 1 as amended by A.M. No. 07-7-12-SC:
Exceptions:
When public welfare and advancement of public
policy dictate.
When broader interest of justice so requires.
When writs issued are null and void.
When questioned order amounts to an oppressive
exercise of judicial authority.
Where appeal is not adequate, speedy and
effective.
In any such instances, special civil action of
certiorari may be availed of
- even during the pendency of the case or even
after judgment, or
- even when appeal has been availed of
Availability of appeal does not foreclose
recourse to certiorari where appeal not
adequate, or equally beneficial, speedy and
sufficient (PNB vs. Sayoc, 292 SCRA 365).
Rule may be relaxed when rigid application will
result in manifest failure or miscarriage of
justice (Mejares vs. Reyes, 254 SCRA 425).
Where remedies not incompatible, filing
of certiorari not abandonment of appeal.
Appeal is from decision in main case
while certiorari is against order denying
motion for new trial (Lansang, Jr. vs. CA,
184 SCRA 230; St. Peter Memorial Park
vs. Campos, 63 SCRA 180).
An appeal from a judgment does not bar
a certiorari petition against the order
granting execution pending appeal and
the issuance of the writ of execution
(Mañacop vs. Equitable PCIBank, 468
SCRA 256).
However, a party is not allowed to question a
decision on the merits and also invoke certiorari.
Filing of a petition for certiorari under Rule 65
and ordinary appeal under Rule 41 cannot be
allowed because one remedy would necessarily
cancel each other (Id.).
It is the danger of failure of justice without the
writ, not the mere absence of all legal remedies,
that must determine the propriety of certiorari
(Seven Brothers Shipping Corp. vs. CA, 246
SCRA 33 [1995]).
♦ Motion for reconsideration required before
certiorari can be filed. Exceptions (Tan, Jr.
vs. Sandiganbayan, 292 SCRA 452; Marawi
Marantao General Hospital vs. CA, 349
SCRA 321).
RELIEF FROM JUDGMENT –
RULE 38
• Requisites:
1) fraud, accident, mistake or excusable
negligence
- fraud must be extrinsic or collateral
2) presence of good and substantial
cause of action or defense, as the case
may be.
• Time for filing petition – within 60 days
after learning, and not more than 6
months after judgment or order entered,
or proceeding taken.
accused
prosecution
offended party
State cannot appeal from judgment
of acquittal based on merits of case
due to double jeopardy.
Exceptions:
CA – where CA imposes reclusion perpetua,
life imprisonment or a lesser penalty, etc.
notice of appeal to SC (Sec. 13 (c), Rule 124,
as am. by A.M. No. 00-5-03-SC).
N.B. (1) Where CA finds that death penalty
should be imposed, will render judgment
but refrain from making entry of judgment
and certify case and elevate entire record
to SC for review (Sec. 13 (a), Ibid.).
(2) Where judgment also imposes lesser
penalty for offenses committed on same
occasion or arose out of same occurrence
that gave rise to more serious offense for
which death penalty is imposed, and
accused appeals, appeal shall be included
in case certified for review to SC (Sec. 13
(b), Ibid.).
SB – where SB imposes death, reclusion
perpetua or life imprisonment
Original jurisdiction
• death automatic review by SC
• reclusion perpetua or life imprisonment or
lesser penalty imposed, etc. notice of
appeal to SC
Appellate jurisdiction
Where SB finds that death penalty,
reclusion perpetua or life imprisonment
should be imposed, will render judgment
but refrain from making entry of judgment
and certify case and elevate entire record
to SC for review (Section 7, PD 1606, as
amended by RA 8249 and Rule X, Revised
Internal Rules of Sandiganbayan, as
reiterated in SC Resolution dated October
12, 2004).
Fugitive from justice waives his right to
appeal -