REMEDIAL LAW REVIEWER

Part IV of IX
APPEALS
Civil Procedure
Appeals
There are 7 modes of appeal under Civil Procedure
to the RTC from the MTC notice of appeal (Rule 40)
to the CA from
the RTC in its original jurisdiction notice of appeal (Rule 41)
the RTC in its appellate jurisdiction petition for review (Rule 42)
quasi-judicial agencies petition for review (Rule 43)
to the SC petition for review on certiorari (Rule 45)
Annulment of Judgments or Final Orders and Resolutions (Rule 47)
Note that petition for review is separate and distinct from petition for review on
certiorari. However, appeal on certiorari is the same as petition for review on cert
iorari.
Feria and Regalado (p. 540): Appeal of a pure question of law from a judgment by
the RTC in the exercise of its
original jurisdiction petition for review on certiorari to the SC (Rule 45)
appellate jurisdiction petition for review to the CA (Rule 42)
Albano (p. 450): Where only quretions of law are raised, the appeal should be to
the SC on petition for review on certiorari (Rule 45).
Appeal from MTC to the RTC
Rule 40
Section 1. Where to appeal. An appeal from a judgment or final order of a Munici
pal Trial Court may be taken to the Regional Trial Court exercising jurisdiction
over the area to which the former pertains. The title of the case shall remain
as it was in the court of origin, but the party appealing the case shall be furt
her referred to as the appellant and the adverse party as the appellee. (n)
The title of the case shall remain as it was in the court of origin.
Sec. 2. When to appeal. An appeal may be taken within fifteen (15) days after no
tice to the appellant of the judgment or final order appealed from. Where a reco
rd on appeal is required, the appellant shall file a notice of appeal and a reco
rd on appeal within thirty (30) days after notice of the judgment or final order
.
The period of appeal shall be interrupted by a timely motion for new trial or re
consideration. No motion for extension of time to file a motion for new trial or
reconsideration shall be allowed. (n)
Period to appeal interrupted by MNT or MfR
by notice of appeal within 15 days after notice to appellant of judgment
by record on appeal within 30 days after notice to appellant of judgment
No extension of time to file MfR or MNT shall be allowed.
Sec. 3. How to appeal. The appeal is taken by filing a notice of appeal with the
court that rendered the judgment or final order appealed from. The notice of ap
peal shall indicate the parties to the appeal, the judgment or final order or pa
rt thereof appealed from, and state the material dates showing the timeliness of
the appeal.
A record on appeal shall be required only in special proceedings and in other ca
ses of multiple or separate appeals.
The form and contents of the record on appeal shall be as provided in section 6,
Rule 41.
Copies of the notice of appeal, and the record on appeal where required, shall b
e served on the adverse party. (n)
Contents of the notice of appeal from MTC
the parties to the appeal
the judgment or final order or part thereof appealed from, and
the material dates showing the timeliness of the appeal.
Note that in notice appeal from MTC, the court to which the appeal is taken need
not be stated. In notice of appeal from the RTC, the court to which the appeal
is taken is required to be stated.
A record on appeal shall be required only in
in special proceedings and
other cases of multiple or separate appeals.
Contents of the record on appeal (same as in appeals from RTC)
full names of all the parties stated in the caption
include the judgment or final order from which the appeal is taken
in chronological order, copies of only such related pleadings, petitions, motion
s and all interlocutory orders
such data as will show that the appeal was perfected on time.
If an issue of fact is to be raised on appeal, the record on appeal shall includ
e by reference all the related evidence, testimonial and documentary
Subject index when the record on appeal exceeds 20 pages
In ejectment judgments, execution is stayed only if an appeal is made to the RTC
, supersedeas bond is filed and rentals continues to be paid pending appeal. Fai
lure to pay rentals means execution ensues. The amount of supersedeas bond shoul
d be the amount of back rentals. But further appeal from the RTC to the CA, exec
ution can no longer be stayed.
Cases that go to the SC are by petition for review on certiorari. The only insta
nce when a case can go to the SC on notice of appeal is in criminal cases where
the penalty imposed is reclusion perpetua, or life imprisonment.
From quasi-judicial agencies to the CA, the appeal is by petition for review. Ap
peal by itself does not stay execution of the decision. It is stayed only if the
CA issues a preliminary injunction.
On pure questions of law decided by RTC in its original jurisdiction, the appeal
is directly to the SC by petition for review on certiorari. Pure questions of l
aw decided by RTC in its appellate jurisdiction, the appeal is still to the CA.
[?]
Sec. 4. Perfection of appeal; effect thereof. The perfection of the appeal and t
he effect thereof shall be governed by the provisions of section 9, Rule 41. (n)
Sec. 9. Perfection of appeal; effect thereof. A party s appeal by notice of appeal
is deemed perfected as to him upon the filing of the notice of appeal in due ti
me.
A party s appeal by record on appeal is deemed perfected as to him with respect to
the subject matter thereof upon the approval of the record on appeal filed in d
ue time.
In appeals by notice of appeal, the court loses jurisdiction over the case upon
the perfection of the appeals filed in due time and the expiration of the time t
o appeal of the other parties.
In appeals by record on appeal, the court loses jurisdiction only over the subje
ct matter thereof upon the approval of the records on appeal filed in due time a
nd the expiration of the time to appeal of the other parties.
In either case, prior to the transmittal of the original record or the record on
appeal, the court may issue orders for the protection and preservation of the r
ights of the parties which do not involve any matter litigated by the appeal, ap
prove compromises, permit appeals of indigent litigants, order execution pending
appeal in accordance with section 2 of Rule 39, and allow withdrawal of the app
eal. (9a)
de Leon: There are 3 concepts to be learned under this section (applies to appe
als from RTC and MTC)
Perfection of appeal
By notice of appeal as to appellant, upon filing of the notice of appeal
By record on appeal as to appellant, upon approval of the record on appeal
Court loses jurisdiction upon perfection of appeal and expiration of time to app
eal of other parties
Power to issue orders, approve compromises, permit indigent appeals, order execu
tion pending appeal, allow withdrawal of appeal prior to transmittal of the orig
inal record, or the record on appeal
Notice of appeal stays execution.
Sec. 5. Appellate court docket and other lawful fees. Within the period for taki
ng an appeal, the appellant shall pay to the clerk of the court which rendered t
he judgment or final order appealed from the full amount of the appellate court
docket and other lawful fees. Proof of payment thereof shall be transmitted to t
he appellate court together with the original record or the record on appeal, as
the case may be. (n)
Sec. 6. Duty of the clerk of court. Within fifteen (15) days from the perfection
of the appeal, the clerk of court or the branch clerk of court of the lower cou
rt shall transmit the original record or the record on appeal, together with the
transcripts and exhibits, which he shall certify as complete, to the proper Reg
ional Trial Court. A copy of his letter of transmittal of the records to the app
ellate court shall be furnished the parties. (n)
Sec. 7. Procedure in the Regional Trial Court.
(a) upon receipt of the complete record or the record on appeal, the clerk of co
urt of the Regional Trial Court shall notify the parties of such fact.
(b) Within fifteen (15) days from such notice, it shall be the duty of the appel
lant to submit a memorandum which shall briefly discuss the errors imputed to th
e lower court, a copy of which shall be furnished by him to the adverse party. W
ithin fifteen (15) days from receipt of the appellant s memorandum, the appellee m
ay file his memorandum. Failure of the appellant to file a memorandum shall be a
ground for dismissal of the appeal.
(c) Upon the filing of the memorandum of the appellee, or the expiration of the
period to do so, the case shall be considered submitted for decision. The Region
al Trial Court shall decide the case on the basis of the entire record of the pr
oceedings had in the court of origin and such memoranda as are filed. (n)
Failure to file appellant s memorandum is be a ground for dismissal of the appeal.
Sec. 8. Appeal from orders dismissing case without trial; lack of jurisdiction.
If an appeal is taken from an order of the lower court dismissing the case witho
ut a trial on the merits, the Regional Trial Court may affirm or reverse it, as
the case may be. In case of affirmance and the ground of dismissal is lack of ju
risdiction over the subject matter, the Regional Trial Court, if it has jurisdic
tion thereover, shall try the case on the merits as if the case was originally f
iled with it. In case of reversal, the case shall be remanded for further procee
dings.
If the case was tried on the merits by the lower court without jurisdiction over
the subject matter, the Regional Trial Court on appeal shall not dismiss the ca
se if it has original jurisdiction thereof, but shall decide the case in accorda
nce with the preceding section, without prejudice to the admission of amended pl
eadings and additional evidence in the interest of justice. (n)
Appeals to RTC from MTC regarding jurisdiction
dismissing the case on lack of jurisdiction
In fact had jurisdiction remand to MTC
Did not have jurisdiction hold trial de novo in the RTC
deciding a case outside its jurisdiction hold trial de novo in the RTC
Sec. 9. Applicability of Rule 41. The other provisions of Rule 41 shall apply to
appeals provided for herein insofar as they are not inconsistent with or may se
rve to supplement the provisions of this Rule. (n)
Cases
Casolita v. CA, 275 SCRA (1997) Failure to serve notice of appeal on the adverse
party prevents the appeal from being perfected and is ground for dismissal of t
he appeal.
Lao v. CA, 275 SCRA (1997) The MTC has jurisdiction to resolve the issue of owne
rship only de facto, not de jure. If it decides ownership de jure, then it has l
ost jurisdiction. On appeal to the RTC, the should NOT dismiss the case, but ins
tead try the case on the merits.
Francisco v. Permskul, 173 SCRA 324 (1989) Where the decision of the appellate c
ourt actually reproduces the findings of fact or the conclusions of law of the c
ourt below, it is not a memorandum decision. The distinctive features of the mem
orandum decision are, first, it is rendered by an appellate court, and second, i
t incorporates by reference the findings of fact or the conclusions of law conta
ined in the decision, order or ruling under review. The law allowing memorandum
decisions is constitutional.
The RTC may adopt in toto either expressly or impliedly the findings and conclus
ions of the inferior court, and such adoption would amount to a substantial comp
liance with the constitutional mandate. However, where the specific arguments pr
esented against the decision of the inferior court are of such nature that a bla
nket affirmance of said decision does not in fact adequately dispose of the stri
ctures against it, it is but proper, if only to facilitate the action to be take
n by the appellate court on the petition for review, that the concrete bases of
the impugned decision should appear on its face, instead of the appellate court
having to dig into the records to find out how the inferior court resolved the i
ssues of the case. This problem does not exist in the case at bar because the de
cision of the CA extensively quoted from the decision of the MTC. Although only
incorporated by reference in the memorandum decision of the RTC the decision was
nevertheless available to the CA. It is this circumstance, or even happenstance
, if you will, that has validated the memorandum decision challenged in this cas
e and spared it from constitutional infirmity.
The memorandum decision, to be valid, cannot incorporate the findings of fact an
d the conclusions of law of the lower court only by remote reference, which is t
o say that the challenged decision is not easily and immediately available to th
e person reading the memorandum decision. For the incorporation by reference to
be allowed, it must provide for direct access to the facts and the law being ado
pted, which must be contained in a statement attached to the said decision. The
memorandum decision should actually embody the findings of fact and conclusions
of law of the lower court in an annex attached to and made an indispensable part
of the decision. The proximity at least of the annexed statement should suggest
that such an examination has been undertaken.
The memorandum decision may be resorted to only in cases where the facts are in
the main accepted by both parties or easily determinable by the judge and there
are no doctrinal complications involved that will require an extended discussion
of the laws involved. The memorandum decision may be employed in simple litigat
ions only, such as ordinary collection cases, where the appeal is obviously grou
ndless and deserves no more than the time needed to dismiss it. The memorandum d
ecision should be sparingly used lest it become an addictive excuse for judicial
sloth.
Appeal from the RTC (Rule 41)
Rule 41
Section 1. Subject of appeal. An appeal may be taken from a judgment or final or
der that completely disposes of the case, or of a particular matter therein when
declared by these Rules to be appealable.
No appeal may be taken from:
(a) An order denying a motion for new trial or reconsideration;
(b) An order denying a petition for relief or any similar motion seeking relief
from judgment;
(c) An interlocutory order;
(d) An order disallowing or dismissing an appeal;
(e) An order denying a motion to set aside a judgment by consent, confession or
compromise on the ground of fraud, mistake or duress, or any other ground vitiat
ing consent;
(f) An order of execution;
(g) A judgment or final order for or against one or more of several parties or i
n separate claims, counterclaims, cross-claims and third-party complaints, while
the main case is pending, unless the court allows an appeal therefrom; and
(h) An order dismissing an action without prejudice.
In all the above instances where the judgment or final order is not appealable,
the aggrieved party may file an appropriate special civil action under Rule 65.
(n)
An appeal may be taken from
a judgment or final order that completely disposes of the case, or
of a particular matter therein when declared by these Rules to be appealable.
No appeal may be taken from (remedy is special civil action certiorari, prohibi
tion or mandamus)
Denial of a motion for new trial or reconsideration;
Denial of a petition for relief or any similar motion seeking relief from judgme
nt;
interlocutory order;
order disallowing or dismissing an appeal;
denial of a motion to set aside a judgment by consent, confession or compromise
on the ground of vitiation of consent;
order of execution;
judgment or final order for or against one or more of several parties or in sepa
rate claims, counterclaims, cross-claims and third-party complaints, while the m
ain case is pending, unless the court allows an appeal therefrom; and
order dismissing an action without prejudice.
Sec. 2. Modes of appeal.
(a) Ordinary appeal. The appeal to the Court of Appeals in cases decided by the R
egional Trial Court in the exercise of its original jurisdiction shall be taken
by filing a notice of appeal with the court which rendered the judgment or final
order appealed from and serving a copy thereof upon the adverse party. No recor
d on appeal shall be required except in special proceedings and other cases of m
ultiple or separate appeals where the law or these Rules so require. In such cas
es, the record on appeal shall be filed and served in like manner.
(b) Petition for review. The appeal to the Court of Appeals in cases decided by t
he Regional Trial Court in the exercise of its appellate jurisdiction shall be b
y petition for review in accordance with Rule 42.
(c) Appeal by certiorari. In all cases where only questions of law are raised or
involved, the appeal shall be to the Supreme Court by petition for review on cer
tiorari in accordance with Rule 45. (n)
Modes of appeal
Ordinary appeal
Petition for review
Appeal by certiorari
Ordinary appeal
appeal to the CA
in cases decided by the RTC in the exercise of its original jurisdiction
taken by
filing a notice of appeal with the court which rendered the judgment or final or
der appealed from and
serving a copy thereof upon the adverse party
No record on appeal shall be required except (in such cases, the record on appea
l shall be filed and served)
special proceedings and
other cases of multiple or separate appeals where the law or these Rules so requ
ire
Petition for review
appeal to the CA
in cases decided by the RTC in the exercise of its appellate jurisdiction
by petition for review (Rule 42)
Appeal by certiorari
In all cases where only questions of law are raised or involved
appeal shall be to the SC
by petition for review on certiorari (Rule 45)
After filing a notice of appeal, appellant s brief follows. This is a matter of ri
ght.
A petition for review is merely discretionary, not a matter of right.
Sec. 3. Period of ordinary appeal. The appeal shall be taken within fifteen (15)
days from notice of the judgment or final order appealed from. Where a record o
n appeal is required, the appellant shall file a notice of appeal and a record o
n appeal within thirty (30) days from notice of the judgment or final order.
The period of appeal shall be interrupted by a timely motion for new trial or re
consideration. No motion for extension of time to file a motion for new trial or
reconsideration shall be allowed. (n)
Period of ordinary appeal
within 15 days from notice of the judgment or final order appealed from
where a record on appeal is required, within 30 days from notice of the judgment
or final order.
The period of appeal shall be interrupted by a timely motion for new trial or re
consideration.
No motion for extension of time to file a motion for new trial or reconsideratio
n shall be allowed.
Sec. 4. Appellate court docket and other lawful fees. Within the period for taki
ng an appeal, the appellant shall pay to the clerk of the court which rendered t
he judgment or final order appealed from, the full amount of the appellate court
docket and other lawful fees. Proof of payment of said fees shall be transmitte
d to the appellate court together with the original record or the record on appe
al. (n)
Sec. 5. Notice of appeal. The notice of appeal shall indicate the parties to the
appeal, specify the judgment or final order or part thereof appealed from, spec
ify the court to which the appeal is being taken, and state the material dates s
howing the timeliness of the appeal. (4a)
Contents of a notice of appeal
the parties to the appeal
the judgment or final order or part thereof appealed from
the court to which the appeal is being taken, and
the material dates showing the timeliness of the appeal.
Note that in notice of appeal from the MTC, there is no need to indicate the cou
rt to which the appeal is directed. In notice of appeal from the RTC, there it i
s required to indicate the court to which the appeal is directed.
Sec. 6. Record on appeal; form and contents thereof. The full names of all the p
arties to the proceedings shall be stated in the caption of the record on appeal
and it shall include the judgment or final order from which the appeal is taken
and, in chronological order, copies of only such pleadings, petitions, motions
and all interlocutory orders as are related to the appealed judgment or final or
der for the proper understanding of the issue involved, together with such data
as will show that the appeal was perfected on time. If an issue of fact is to be
raised on appeal, the record on appeal shall include by reference all the evide
nce, testimonial and documentary, taken upon the issue involved. The reference s
hall specify the documentary evidence by the exhibit numbers or letters by which
it was identified when admitted or offered at the hearing, and the testimonial
evidence by the names of the corresponding witnesses. If the whole testimonial a
nd documentary evidence in the case is to be included, a statement to that effec
t will be sufficient without mentioning the names of the witnesses or the number
s or letters of exhibits. Every record on appeal exceeding twenty (20) pages mus
t contain a subject index. (6a)
Contents of record on appeal from the RTC (same as contents of record on appeal
from the MTC)
The full names of all the parties to the proceedings stated in the caption
the judgment or final order from which the appeal is taken
in chronological order, copies of pleadings, petitions, motions and all interloc
utory orders related to the appealed judgment or final order
data as will show that the appeal was perfected on time
If an issue of fact is to be raised on appeal, the record on appeal shall includ
e by reference all the evidence, testimonial and documentary, taken upon the iss
ue involved. The reference shall specify
the documentary evidence by the exhibit numbers or letters by which it was ident
ified when admitted or offered at the hearing, and
the testimonial evidence by the names of the corresponding witnesses.
If the whole testimonial and documentary evidence in the case is to be included,
a statement to that effect will be sufficient without mentioning the names of t
he witnesses or the numbers or letters of exhibits.
Every record on appeal exceeding 20 pages must contain a subject index
Sec. 7. Approval of record on appeal. Upon the filing of the record on appeal fo
r approval and if no objection is filed by the appellee within five (5) days fro
m receipt of a copy thereof, the trial court may approve it as presented or upon
its own motion or at the instance of the appellee, may direct its amendment by
the inclusion of any omitted matters which are deemed essential to the determina
tion of the issue of law or fact involved in the appeal. If the trial court orde
rs the amendment of the record, the appellant, within the time limited in the or
der, or such extension thereof as may be granted, or if no time is fixed by the
order within ten (10) days from receipt thereof, shall redraft the record by inc
luding therein, in their proper chronological sequence, such additional matters
as the court may have directed him to incorporate, and shall thereupon submit th
e redrafted record for approval, upon notice to the appellee, in like manner as
the original draft. (7a)
Upon the filing of the record on appeal for approval and if no objection is file
d by the appellee within 5 days from receipt of a copy thereof, the trial court
may
approve it as presented or
may direct its amendment by the inclusion of any omitted matters which are deeme
d essential to the determination of the issue of law oyr fact involved in the ap
peal.
upon its own motion or
at the instance of the appellee
If the trial court orders the amendment of the record
the appellant within
the time limited in the order, or
such extension thereof as may be granted, or
if no time is fixed by the order within 10 days from receipt
shall
redraft the record by including therein, in their proper chronological sequence,
such additional matters as the court may have directed him to incorporate, and
submit the redrafted record for approval, upon notice to the appellee, in like m
anner as the original draft.
Sec. 8. Joint record on appeal. Where both parties are appellants, they may file
a joint record on appeal within the time fixed by section 3 of this Rule, or th
at fixed by the court. (8a)
Where both parties are appellants, they may file a joint record on appeal within
30 days from notice of the judgment or final order, or
a period fixed by the court.
Sec. 9. Perfection of appeal; effect thereof. A party s appeal by notice of appeal
is deemed perfected as to him upon the filing of the notice of appeal in due ti
me.
A party s appeal by record on appeal is deemed perfected as to him with respect to
the subject matter thereof upon the approval of the record on appeal filed in d
ue time.
In appeals by notice of appeal, the court loses jurisdiction over the case upon
the perfection of the appeals filed in due time and the expiration of the time t
o appeal of the other parties.
In appeals by record on appeal, the court loses jurisdiction only over the subje
ct matter thereof upon the approval of the records on appeal filed in due time a
nd the expiration of the time to appeal of the other parties.
In either case, prior to the transmittal of the original record or the record on
appeal, the court may issue orders for the protection and preservation of the r
ights of the parties which do not involve any matter litigated by the appeal, ap
prove compromises, permit appeals of indigent litigants, order execution pending
appeal in accordance with section 2 of Rule 39, and allow withdrawal of the app
eal. (9a)
de Leon: The concepts of perfection of appeal, loss of jurisdiction, and power t
o issue orders are the same in appeals from the MTC and RTC.
Sec. 10. Duty of clerk of court of the lower court upon perfection of appeal. Wi
thin thirty (30) days after perfection of all the appeals in accordance with the
 preceding section, it shall be the duty of the clerk of court of the lower cour
t:
(a) To verify the correctness of the original record or the record on appeal, as
the case may be, and to make a certification of its correctness;
(b) To verify the completeness of the records that will be transmitted to the ap
pellate court;
(c) If found to be incomplete, to take such measures as may be required to compl
ete the records, availing of the authority that he or the court may exercise for
this purpose; and
(d) To transmit the records to the appellate court.
If the efforts to complete the records fail, he shall indicate in his letter of
transmittal the exhibits or transcripts not included in the records being transm
itted to the appellate court, the reasons for their non-transmittal, and the ste
ps taken or that could be taken to have them available.
The clerk of court shall furnish the parties with copies of his letter of transm
ittal of the records to the appellate court. (10a)
Sec. 11. Transcript. Upon the perfection of the appeal, the clerk shall immediat
ely direct the stenographers concerned to attach to the record of the case five
(5) copies of the transcripts of the testimonial evidence referred to in the rec
ord on appeal. The stenographers concerned shall transcribe such testimonial evi
dence and shall prepare and affix to their transcripts an index containing the n
ames of the witnesses and the pages wherein their testimonies are found, and a l
ist of the exhibits and the pages wherein each of them appears to have been offe
red and admitted or rejected by the trial court. The transcripts shall be transm
itted to the clerk of the trial court who shall thereupon arrange the same in th
e order in which the witnesses testified at the trial, and shall cause the pages
to be numbered consecutively. (12a)
Sec. 12. Transmittal. The clerk of the trial court shall transmit to the appella
te court the original record or the approved record on appeal within thirty (30)
days from the perfection of the appeal, together with the proof of payment of t
he appellate court docket and other lawful fees, a certified true copy of the mi
nutes of the proceedings, the order of approval, the certificate of correctness,
the original documentary evidence referred to therein, and the original and thr
ee (3) copies of the transcripts. Copies of the transcripts and certified true c
opies of the documentary evidence shall remain in the lower court for the examin
ation of the parties. (11a)
Within 30 days after perfection of all the appeals, it shall be the duty of the
clerk of court of court a quo
direct the stenographers concerned to attach to the record of the case 5 copies
of the transcripts of the testimonial evidence referred to in the record on appe
al
To verify the correctness of the original record or the record on appeal, and to
make a certification of its correctness
To verify the completeness of the records that will be transmitted to the appell
ate court;
If found to be incomplete, to take such measures as may be required to complete
the records, availing of the authority that he or the court may exercise for thi
s purpose; and
If the efforts to complete the records fail, he shall indicate in his letter of
transmittal
the exhibits or transcripts not transmitted to the appellate court
the reasons for their non-transmittal, and
the steps taken or that could be taken to have them available.
To transmit the records to the appellate court.
furnish the parties with copies of his letter of transmittal of the records to t
he appellate court
The stenographers concerned shall
transcribe such testimonial evidence and
prepare and affix to their transcripts
an index containing the names of the witnesses and the pages wherein their testi
monies are found, and
a list of the exhibits and the pages wherein each of them appears to have been o
ffered and admitted or rejected by the trial court.
transmit the transcripts to the clerk of the trial court who shall thereupon
arrange the same in the order in which the witnesses testified at the trial, and
cause the pages to be numbered consecutively.
The clerk of the trial court shall, within 30 days from the perfection of the ap
peal, transmit to the appellate court
the original record or the approved record on appeal
proof of payment of the appellate court docket and other lawful fees
a certified true copy of the minutes of the proceedings
the order of approval
the certificate of correctness
the original documentary evidence referred to therein, and
the original and 3 copies of the transcripts.
Copies of the transcripts and certified true copies of the documentary evidence
shall remain in the lower court for the examination of the parties.
Sec. 13. Dismissal of appeal.- Prior to the transmittal of the original record o
r the record on appeal to the appellate court, the trial court may, motu proprio
or on motion, dismiss the appeal for having been taken out of time or non-payme
nt of the docket and other lawful fees within the reglementary period.(13a)
Prior to the transmittal of the original record or the record on appeal to the a
ppellate court, the trial court may, motu proprio or on motion, dismiss the appe
al
for having been taken out of time or
non-payment of the docket and other lawful fees within the reglementary period
Cases
Municipality of Bian v. Garcia, 118 or 180 SCRA 576 (1989) Appeals in special pro
ceedings and other cases wherein multiple appeals are allowed (e.g. eminent doma
in, partition), the period of appeal shall be 30 (not 15) days from notice of th
e order appealed from, a record of appeal being required.
Elepante v. Manayag, 196 SCRA 399 (1991) In computing the period to appeal the d
ate on which the appellant is notified of the decision is not counted and the pe
riod starts to run the following day unless the same by a Sunday or legal holida
y in which case the period of appeal is to be considered from the succeeding day
. To perfect an appeal, a notice of appeal is required to be filed with the Cler
k of Court or Judge who rendered the judgment. Furthermore, appeal in habeas cor
pus from the decision of the RTC shall be taken to the CA where it involves fact
ual questions, or directly to the SC on pure questions of law. The decision of t
he Judge to whom the writ is made returnable, either for the release of the deta
inee or for sustaining his detention, if not appealed on time, can become final
just like an ordinary case.
Meneses v. CA, 237 SCRA 484 (1994)
Facts: Meneses filed with the RTC a complaint for damages against P&G for an acc
ident that occurred inside P&G s soap plant. Instead of filing an answer, P&G move
d to dismiss the complaint on grounds of laches and of lack of jurisdiction of t
he trial court over the nature and subject matter of the suit, the same being wi
thin the exclusive and original jurisdiction of the Labor Arbiters. TC dismissed
the complaint in the ground of lack of jurisdiction. Instead of filing a notice
of appeal, Meneses filed within the period to appeal a petition for certiorari
under Rule 45 but with the CA. CA dismissed the petition for review on the groun
d that Meneses should have filed a petition for review on certiorari with the SC
.
Held: The provisions prescribing a common mode of appeal to the CA and to the SC
, and a common method of passing on and resolving an appeal, are no longer in fo
rce and effect. There is no longer any justification for allowing transfers of e
rroneous appeals from one court to the other. If an appeal is essayed to either
court by the wrong procedure, the only course of action open is to dismiss the a
ppeal.
At present, except in criminal cases where the penalty imposed is life imprisonm
ent or reclusion perpetua, there is no way by which judgments of RTC may be appe
aled to the SC except by petition for review on certiorari in accordance with Ru
le 45. Furthermore, it is not possible to take an appeal by certiorari to the CA
. Appeals to the CA from the RTC are perfected by ordinary appeal, or by petitio
n for review.
However, if an appeal by notice of appeal is taken from the RTC to the CA and in
the CA, the appellant raises naught but issues of law, the appeal should be dis
missed for lack of jurisdiction.
In the instant case the trial court's order of 5 June 1992 dismissing Meneses com
plaint was a final order because it had put an end to the particular matter reso
lved, or settled definitely the matter therein disposed of and left nothing more
to be done by the trial court except the execution of the order. It is a firmly
settled rule that the remedy against such order is appeal and not certiorari. T
hat appeal may be solely on questions of law, in which case it may be taken only
to the SC; or on questions of fact and law, in which case the appeal should be
brought to the CA. If Meneses had chosen to appeal from the dismissal order of t
he RTC solely on questions of law, then he should have filed a petition for revi
ew on certiorari with the SC. If he wanted to raise in his appeal both questions
of law and of fact, then he should have pursued the remedy of an ordinary appea
l to the CA and not by way of a petition for review under Rule 45.
Sesbreo v. CA, 240 SCRA 606 (1995) (memorize the SC s definition of question of law
)
question of law a question which exists when the doubt or difference arises as t
o what the law is on certain state of facts
question of fact when the doubt or difference arises as to the truth or the fals
ehood of alleged facts; when the query necessarily invites calibration of the wh
ole evidence, considering mainly the credibility of witnesses, existence and rel
evancy of specific surrounding circumstances, their relation to each other and t
o the whole and the probabilities of the situation.
Petition for Review from the RTC to the CA (Rule 42)
Section 1. How appeal taken; time for filing. A party desiring to appeal from a
decision of the Regional Trial Court rendered in the exercise of its appellate j
urisdiction may file a verified petition for review with the Court of Appeals, p
aying at the same time to the clerk of said court the corresponding docket and o
ther lawful fees, depositing the amount of P500.00 for costs, and furnishing the
Regional Trial Court and the adverse party with a copy of the petition. The pet
ition shall be filed and served within fifteen (15) days from notice of the deci
sion sought to be reviewed or of the denial of petitioner s motion for new trial o
r reconsideration filed in due time after judgment. Upon proper motion and the p
ayment of the full amount of the docket and other lawful fees and the deposit fo
r costs before the expiration of the reglementary period, the Court of Appeals m
ay grant an additional period of fifteen (15) days only within which to file the
petition for review. No further extension shall be granted except for the most
compelling reason and in no case to exceed fifteen (15) days. (n)
Period to file and serve petition for review from RTC to CA 15 days from notice
of the decision sought to be reviewed or of the denial of petitioner s MNT or MfR;
extendible by another 15 days; further extension of 15 days only with compellin
g reason
A party has a fresh 15 days to file a petition for review from denial of the MFR
or MNT, but only the remaining period to file a notice of appeal.
The period to file a petition for review may be extended by the appellate court,
but the period to file a notice of appeal may not be extended by the court a qu
o.
de Leon: The period to file MNT or MfR is always non-extendible. The period to f
ile a notice of appeal is also not extendible.[Habaluyas v. Jabson, 138 SCRA 46
(1985)] However, a period to file a petition for review may be extended by 15 da
ys, and for the most compelling reason, another 15 days.
Sec. 2. Form and contents. The petition shall be filed in seven (7) legible copi
es, with the original copy intended for the court being indicated as such by the
 petitioner, and shall (a) state the full names of the parties to the case, with
out impleading the lower courts or judges thereof either as petitioners or respo
ndents; (b) indicate the specific material dates showing that it was filed on ti
me; (c) set forth concisely a statement of the matters involved, the issues rais
ed, the specification of errors of fact or law, or both, allegedly committed by
the Regional Trial Court, and the reasons or arguments relied upon for the allow
ance of the appeal; (d) be accompanied by clearly legible duplicate originals or
true copies of the judgments or final orders of both lower courts, certified co
rrect by the clerk of court of the Regional Trial Court, the requisite number of
plain copies thereof and of the pleadings and other material portions of the re
cord as would support the allegations of the petition.
The petitioner shall also submit together with the petition a certification unde
r oath that he has not theretofore commenced any other action involving the same
issues in the Supreme Court, the Court of Appeals or different divisions thereo
f, or any other tribunal or agency; if there is such other action or proceeding,
he must state the status of the same; and if he should thereafter learn that a
similar action or proceeding has been filed or is pending before the Supreme Cou
rt, the Court of Appeals, or different divisions thereof, or any other tribunal
or agency, he undertakes to promptly inform the aforesaid courts and other tribu
nal or agency thereof within five (5) days therefrom. (n)
Contents of petition for review
full names of the parties, without impleading the lower courts or judges
specific material dates showing that it was filed on time
statement of the
matters involved
issues raised
specification of errors of fact or law, or both, allegedly committed by the Regi
onal Trial Court, and
the reasons or arguments relied upon for the allowance of the appeal
clearly legible duplicate originals or true copies of the judgments or final ord
ers of both lower courts, certified correct by the clerk of the RTC, the requisi
te number of plain copies thereof and of the pleadings and other material portio
ns of the record as would support the allegations of the petition.
Note that a certification of non-forum shopping is required in petition for revi
ew. This is not so in ordinary appeal.
Sec. 3. Effect of failure to comply with requirements. The failure of the petiti
oner to comply with any of the foregoing requirements regarding the payment of t
he docket and other lawful fees, the deposit for costs, proof of service of the
petition, and the contents of and the documents which should accompany the petit
ion shall be sufficient ground for the dismissal thereof. (n)
Sec. 4. Action on the petition. The Court of Appeals may require the respondent
to file a comment on the petition, not a motion to dismiss, within ten (10) days
from notice, or dismiss the petition if it finds the same to be patently withou
t merit, prosecuted manifestly for delay, or that the questions raised therein a
re too unsubstantial to require consideration. (n)
Grounds for motu propio dismissal of the petition for review
patently without merit
prosecuted manifestly for delay, or
the questions raised therein are too unsubstantial to require consideration
Sec. 5. Contents of comment. The comment of the respondent shall be filed in sev
en (7) legible copies, accompanied by certified true copies of such material por
tions of the record referred to therein together with other supporting papers an
d shall (a) state whether or not he accepts the statement of matters involved in
the petition; (b) point out such insufficiencies or inaccuracies as he believes
exist in petitioner s statement of matters involved but without repetition; and (
c) state the reasons why the petition should not be given due course. A copy the
reof shall be served on the petitioner. (n)
Sec. 6. Due course. If upon the filing of the comment or such other pleadings as
the court may allow or require, or after the expiration of the period for the f
iling thereof without such comment or pleading having been submitted, the Court
of Appeals finds prima facie that the lower court has committed an error of fact
or law that will warrant a reversal or modification of the appealed decision, i
t may accordingly give due course to the petition. (n)
Sec. 7. Elevation of record. Whenever the Court of Appeals deems it necessary, i
t may order the clerk of court of the Regional Trial Court to elevate the origin
al record of the case including the oral and documentary evidence within fifteen
(15) days from notice. (n)
Sec. 8. Perfection of appeal; effect thereof. (a) Upon the timely filing of a pe
tition for review and the payment of the corresponding docket and other lawful f
ees, the appeal is deemed perfected as to the petitioner.
The Regional Trial Court loses jurisdiction over the case upon the perfection of
the appeals filed in due time and the expiration of the time to appeal of the o
ther parties.
However, before the Court of Appeals gives due course to the petition, the Regio
nal Trial Court may issue orders for the protection and preservation of the righ
ts of the parties which do not involve any matter litigated by the appeal, appro
ve compromises, permit appeals of indigent litigants, order execution pending ap
peal in accordance with section 2 of Rule 39, and allow withdrawal of the appeal
. (9a, R41)
(b) Except in civil cases decided under the Rule on Summary Procedure, the appea
l shall stay the judgment or final order unless the Court of Appeals, the law, o
r these Rules shall provide otherwise. (n)
Under petition for review
perfection of appeal as to petitioner, upon filing of petition for review with p
ayment of fees
loss of jurisdiction upon perfection of appeal and expiration of period to appea
l of other parties
power to issue orders, etc. until CA gives due course (unlike transmittal of rec
ords in ordinary appeal)
GR: Petition for review stays execution.
Exceptions:
summary procedure
provided otherwise by
the CA
law
RoC
In ejectment judgments, execution is stayed only if an appeal is made to the RTC
, supersedeas bond is filed and rentals continues to be paid pending appeal. Fai
lure to pay rentals means execution ensues. The amount of supersedeas bond shoul
d be the amount of back rentals. But further appeal from the RTC to the CA, exec
ution can no longer be stayed (like other summary procedures).
Sec. 9. Submission for decision. If the petition is given due course, the Court
of Appeals may set the case for oral argument or require the parties to submit m
emoranda within a period of fifteen (15) days from notice. The case shall be dee
med submitted for decision upon the filing of the last pleading or memorandum re
quired by these Rules or by the court itself. (n)

Appeals from the Court of Tax Appeals and Quasi-Judicial Agencies to the CA (Rul
e 43)
Section 1. Scope. This Rule shall apply to appeals from judgments or final order
s of the Court of Tax Appeals and from awards, judgments, final orders or resolu
tions of or authorized by any quasi-judicial agency in the exercise of its quasi
-judicial functions. Among these agencies are the Civil Service Commission, Cent
ral Board of Assessment Appeals, Securities and Exchange Commission, Office of t
he President, Land Registration Authority, Social Security Commission, Civil Aer
onautics Board, Bureau of Patents, Trademarks and Technology Transfer, National
Electrification Administration, Energy Regulatory Board, National Telecommunicat
ions Commission, Department of Agrarian Reform under Republic Act No. 6657, Gove
rnment Service Insurance System, Employees Compensation Commission, Agricultural
 Inventions Board, Insurance Commission, Philippine Atomic Energy Commission, Bo
ard of Investments, Construction Industry Arbitration Commission, and voluntary
arbitrators authorized by law. (n)
cf new Securities Regulations Code
Sec. 2. Cases not covered. This Rule shall not apply to judgments or final order
s issued under the Labor Code of the Philippines. (n)
St. Martin Funeral Homes v. NLRC, 295 SCRA 494 (1998): Decisions of the NLRC are
now appealable to the CA by special civil actions for certiorari under Rule 65.
From the CA decision, appeal to the SC is by petition for review on certiorar u
nder Rule 45.
Sec. 3. Where to appeal. An appeal under this Rule may be taken to the Court of
Appeals within the period and in the manner herein provided, whether the appeal
involves questions of fact, of law, or mixed questions of fact and law. (n)
Appeals from quasi-judicial agencies, even on purely questions of law, are to th
e CA. Unlike appeals from RTCs on pure questions of law which should be to the S
C.
Sec. 4. Period of appeal. The appeal shall be taken within fifteen (15) days fro
m notice of the award, judgment, final order or resolution, or from the date of
its last publication, if publication is required by law for its effectivity, or
of the denial of petitioner s motion for new trial or reconsideration duly filed i
n accordance with the governing law of the court or agency a quo. Only one (1) m
otion for reconsideration shall be allowed. Upon proper motion and the payment o
f the full amount of the docket fee before the expiration of the reglementary pe
riod, the Court of Appeals may grant an additional period of fifteen (15) days o
nly within which to file the petition for review. No further extension shall be
granted except for the most compelling reason and in no case to exceed fifteen (
15) days. (n)
Sec. 5. How appeal taken. Appeal shall be taken by filing a verified petition fo
r review in seven (7) legible copies with the Court of Appeals, with proof of se
rvice of a copy thereof on the adverse party and on the court or agency a quo. T
he original copy of the petition intended for the Court of Appeals shall be indi
cated as such by the petitioner.
Upon the filing of the petition, the petitioner shall pay to the clerk of court
of the Court of Appeals the docketing and other lawful fees and deposit the sum
of P500.00 for costs. Exemption from payment of docketing and other lawful fees
and the deposit for costs may be granted by the Court of Appeals upon a verified
motion setting forth valid grounds therefor. If the Court of Appeals denies the
motion, the petitioner shall pay the docketing and other lawful fees and deposi
t for costs within fifteen (15) days from notice of the denial. (n)
Sec. 6. Contents of the petition. The petition for review shall (a) state the fu
ll names of the parties to the case, without impleading the court or agencies ei
ther as petitioners or respondents; (b) contain a concise statement of the facts
and issues involved and the grounds relied upon for the review; (c) be accompan
ied by a clearly legible duplicate original or a certified true copy of the awar
d, judgment, final order or resolution appealed from, together with certified tr
ue copies of such material portions of the record referred to therein and other
supporting papers; and (d) contain a sworn certification against forum shopping
as provided in the last paragraph of section 2, Rule 42. The petition shall stat
e the specific material dates showing that it was filed within the period fixed
herein. (2a)
Petitionsappeals
Ordinary
Petitioner for
hasreview,
fresh 15whether
days from
fromnotice
quasi-judicial
of denialagencies
of MNT ororMfR
fromtothe
petition
RTC for
Petitioner
review has only the remainder of the original 15 days from notice of denial
of has
Period
Requires
Non-extendible
Does
CA MNTnotto
may orrequire
may
dismiss
certificate
MfR
entertain
be extended
tomotu
appeal
certificate
propio
the
of appeal
non-forum
of non-forum
shoppingshopping
Sec. 7. Effect of failure to comply with requirements. The failure of the petiti
oner to comply with any of the foregoing requirements regarding the payment of t
he docket and other lawful fees, the deposit for costs, proof of service of the
petition, and the contents of and the documents which should accompany the petit
ion shall be sufficient ground for the dismissal thereof. (n)
Sec. 8. Action on the petition. The Court of Appeals may require the respondent
to file a comment on the petition, not a motion to dismiss, within ten (10) days
from notice, or dismiss the petition if it finds the same to be patently withou
t merit, prosecuted manifestly for delay, or that the questions raised therein a
re too unsubstantial to require consideration. (6a)
The grounds for the CA to dismiss a petition for review of quasi-judicial agency
decision is the same as that in petition for review of RTC decision.
Sec. 9. Contents of comment. The comment shall be filed within ten (10) days fro
m notice in seven (7) legible copies and accompanied by clearly legible certifie
d true copies of such material portions of the record referred to therein togeth
er with other supporting papers. The comment shall (a) point out insufficiencies
or inaccuracies in petitioner s statement of facts and issues; and (b) state the
reasons why the petition should be denied or dismissed. A copy thereof shall be
served on the petitioner, and proof of such service shall be filed with the Cour
t of Appeals. (9a)
Sec. 10. Due course. If upon the filing of the comment or such other pleadings o
r documents as may be required or allowed by the Court of Appeals or upon the ex
piration of the period for the filing thereof, and on the basis of the petition
or the records the Court of Appeals finds prima facie that the court or agency c
oncerned has committed errors of fact or law that would warrant reversal or modi
fication of the award, judgment, final order or resolution sought to be reviewed
, it may give due course to the petition; otherwise, it shall dismiss the same.
The findings of fact of the court or agency concerned, when supported by substan
tial evidence, shall be binding on the Court of Appeals. (n)
Sec. 11. Transmittal of record. Within fifteen (15) days from notice that the pe
tition has been given due course, the Court of Appeals may require the court or
agency concerned to transmit the original or a legible certified true copy of th
e entire record of the proceeding under review. The record to be transmitted may
be abridged by agreement of all parties to the proceeding. The Court of Appeals
may require or permit subsequent correction of or addition to the record. (8a)
Sec. 12. Effect of appeal. The appeal shall not stay the award, judgment, final
order or resolution sought to be reviewed unless the Court of Appeals shall dire
ct otherwise upon such terms as it may deem just. (10a)
Note that in petitions for review from the RTC and ordinary appeals, appeal stay
s execution. In petitions for review from quasi-judicial agencies, appeal genera
lly does NOT stay execution.
Sec. 13. Submission for decision. If the petition is given due course, the Court
of Appeals may set the case for oral argument or require the parties to submit
memoranda within a period of fifteen (15) days from notice. The case shall be de
emed submitted for decision upon the filing of the last pleading or memorandum r
equired by these Rules or by the Court of Appeals. (n)
Procedure in the Court of Appeals (Rule 44-55)
Ordinary Appealed Cases
Rule 44
Section 1. Title of cases. In all cases appealed to the Court of Appeals under R
ule 41, the title of the case shall remain as it was in the court of origin, but
the party appealing the case shall be further referred to as the appellant and
the adverse party as the appellee. (1a, R46)
Sec. 2. Counsel and guardians. The counsel and guardians ad litem of the parties
in the court of origin shall be respectively considered as their counsel and gu
ardians ad litem in the Court of Appeals. When others appear or are appointed, n
otice thereof shall be served immediately on the adverse party and filed with th
e court. (2a, R46)
Sec. 3. Order of transmittal of record. If the original record or the record on
appeal is not transmitted to the Court of Appeals within thirty (30) days after
the perfection of the appeal, either party may file a motion with the trial cour
t, with notice to the other, for the transmittal of such record or record on app
eal. (3a, R46)
Sec. 4. Docketing of case. Upon receiving the original record or the record on a
ppeal and the accompanying documents and exhibits transmitted by the lower court
, as well as the proof of payment of the docket and other lawful fees, the clerk
of court of the Court of Appeals shall docket the case and notify the parties t
hereof. (4a, R46)
Within ten (10) days from receipt of said notice, the appellant, in appeals by r
ecord on appeal, shall file with the clerk of court seven (7) clearly legible co
pies of the approved record on appeal, together with the proof of service of two
(2) copies thereof upon the appellee.
Any unauthorized alteration, omission or addition in the approved record on appe
al shall be a ground for dismissal of the appeal. (n)
Sec. 5. Completion of record. Where the record of the docketed case is incomplet
e, the clerk of court of the Court of Appeals shall so inform said court and rec
ommend to it measures necessary to complete the record. It shall be the duty of
said court to take appropriate action towards the completion of the record withi
n the shortest possible time. (n)
Sec. 6. Dispensing with complete record. Where the completion of the record coul
d not be accomplished within a sufficient period allotted for said purpose due t
o insuperable or extremely difficult causes, the court, on its own motion or on
motion of any of the parties, may declare that the record and its accompanying t
ranscripts and exhibits so far available are sufficient to decide the issues rai
sed in the appeal, and shall issue an order explaining the reasons for such decl
aration. (n)
Sec. 7. Appellant s brief. It shall be the duty of the appellant to file with the
court, within forty-five (45) days from receipt of the notice of the clerk that
all the evidence, oral and documentary are attached to the record, seven (7) cop
ies of his legibly typewritten, mimeographed or printed brief, with proof of ser
vice of two (2) copies thereof upon the appellee. (10a, R46)
Sec. 8. Appellee s brief. Within forty-five (45) days from receipt of the appellan
t s brief, the appellee shall file with the court seven (7) copies of his legibly
typewritten, mimeographed or printed brief, with proof of service of two (2) cop
ies thereof upon the appellant. (11a, R46)
Sec. 9. Appellant s reply brief. Within twenty (20) days from receipt of the appel
lee s brief, the appellant may file a reply brief answering points in the appellee s
brief not covered in his main brief. (12, R46)
Sec. 10. Time for filing memoranda in special cases. In certiorari, prohibition,
mandamus, quo warranto and habeas corpus cases, the parties shall file, in lieu
of briefs, their respective memoranda within a non-extendible period of thirty
(30) days from receipt of the notice issued by the clerk that all the evidence,
oral and documentary, is already attached to the record. (13a, R46)
The failure of the appellant to file his memorandum within the period therefor m
ay be a ground for dismissal of the appeal. (n)
Sec. 11. Several appellants or appellees or several counsel for each party. Wher
e there are several appellants or appellees, each counsel representing one or mo
re but not all of them shall be served with only one copy of the briefs. When se
veral counsel represent one appellant or appellee, copies of the brief may be se
rved upon any of them. (14a, R46)
Sec. 12. Extension of time for filing briefs. Extension of time for the filing o
f briefs will not be allowed, except for good and sufficient cause, and only if
the motion for extension is filed before the expiration of the time sought to be
extended. (15, R46)
Sec. 13. Contents of appellant s brief. The appellant s brief shall contain, in the
order herein indicated, the following:
(a) A subject index of the matter in the brief with a digest of the arguments an
d page references, and a table of cases alphabetically arranged, textbooks and s
tatutes cited with references to the pages where they are cited;
(b) An assignment of errors intended to be urged, which errors shall be separate
ly, distinctly and concisely stated without repetition and numbered consecutivel
y;
(c) Under the heading "Statement of the Case," a clear and concise statement of
the nature of the action, a summary of the proceedings, the appealed rulings and
orders of the court, the nature of the judgment and any other matters necessary
 to an understanding of the nature of the controversy, with page references to t
he record;
(d) Under the heading "Statement of Facts," a clear and concise statement in a n
arrative form of the facts admitted by both parties and of those in controversy,
together with the substance of the proof relating thereto in sufficient detail
to make it clearly intelligible, with page references to the record;
(e) A clear and concise statement of the issues of fact or law to be submitted t
o the court for its judgment;
(f) Under the heading "Argument," the appellant s arguments on each assignment of
error with page references to the record. The authorities relied upon shall be c
ited by the page of the report at which the case begins and the page of the repo
rt on which the citation is found;
(g) Under the heading "Relief," a specification of the order or judgment which t
he appellant seeks; and
(h) In cases not brought up by record on appeal, the appellant s brief shall conta
in, as an appendix, a copy of the judgment or final order appealed from. (16a, R
46)
Sec. 14. Contents of appellee s brief. The appellee s brief shall contain, in the or
der herein indicated, the following:
(a) A subject index of the matter in the brief with a digest of the arguments an
d page references, and a table of cases alphabetically arranged, textbooks and s
tatutes cited with references to the pages where they are cited;
(b) Under the heading "Statement of Facts," the appellee shall state that he acc
epts the statement of facts in the appellant s brief, or under the heading "Counte
r-Statement of Facts," he shall point out such insufficiencies or inaccuracies a
s he believes exist in the appellant s statement of facts with references to the p
ages of the record in support thereof, but without repetition of matters in the
appellant s statement of facts; and
(c) Under the heading "Argument," the appellee shall set forth his arguments in
the case on each assignment of error with page references to the record. The aut
horities relied on shall be cited by the page of the report at which the case be
gins and the page of the report on which the citation is found. (17a, R46)
Sec. 15. Questions that may be raised on appeal. Whether or not the appellant ha
s filed a motion for new trial in the court below, he may include in his assignm
ent of errors any question of law or fact that has been raised in the court belo
w and which is within the issues framed by the parties. (18, R46)
Cases
Bucad v. CA, 216 SCRA 423 (1992) An appeal may be dismissed by the CA on its own
motion or on that of the appellees on the ground of want of specific assignment
of errors in the appellant's brief, or of page references to the record. This r
equirement is deemed complied with where the assignment of errors are embodied i
n the arguments, and the clear discussion of the points in issue have accomplish
ed the task of informing the Court which part of the appealed decision is sought
to be reviewed.
Lianga Lumber v. Lianga Timber, 76 SCRA 197 (1977) A party may not change on app
eal his theory tried and decided upon by the lower court.
Baclayon v. CA, 182 SCRA 761 (1990) Once a decsion has become final and executor
y, the only jurisdiction left with the trial court is to order its execution. It
can not be required to conduct a hearing supplementary to execution (e.g. recei
ve evidence of the amount of reimbursement that the defendant is entitled as a b
uilder in good faith).
del Rosario v. CA, 241 SCRA 519 (1995) The power of the CA to receive evidence i
s limited to cases falling within its appellate jurisdiction where a MNT based o
n the ground of newly discovered evidence is granted by it. It can not conduct a
trial de novo. (cf 1997 Rules on Civil Procedure)
Appeal by Certiorari to the Supreme Court
Rule 45
Section 1. Filing of petition with Supreme Court. A party desiring to appeal by
certiorari from a judgment or final order or resolution of the Court of Appeals,
 the Sandiganbayan, the Regional Trial Court or other courts whenever authorized
by law, may file with the Supreme Court a verified petition for review on certi
orari. The petition shall raise only questions of law which must be distinctly s
et forth. (1a, 2a)
Sec. 2. Time for filing; extension. The petition shall be filed within fifteen (
15) days from notice of the judgment or final order or resolution appealed from,
or of the denial of the petitioner s motion for new trial or reconsideration file
d in due time after notice of the judgment. On motion duly filed and served, wit
h full payment of the docket and other lawful fees and the deposit for costs bef
ore the expiration of the reglementary period, the Supreme Court may for justifi
able reasons grant an extension of thirty (30) days only within which to file th
e petition. (1a, 5a)
Petition for review on certiorari to the SC should be filed within 15 days from
notice of judgment or denial of MNT or MfR, like petitions for review to the CA.
It may be extended for 30 days, unlike petitions for review to the CA which may
be extended for 15 days at a time. Ordinary appeals should be filed within a no
n-extendible 15 days from notice of judgment. MNT or MfR only tolls the prescrip
tive period.
Sec. 3. Docket and other lawful fees; proof of service of petition. Unless he ha
s theretofore done so, the petitioner shall pay the corresponding docket and oth
er lawful fees to the clerk of court of the Supreme Court and deposit the amount
of P500.00 for costs at the time of the filing of the petition. Proof of servic
e of a copy thereof on the lower court concerned and on the adverse party shall
be submitted together with the petition. (1a)
Sec. 4. Contents of petition. The petition shall be filed in eighteen (18) copie
s, with the original copy intended for the court being indicated as such by the
petitioner, and shall (a) state the full name of the appealing party as the peti
tioner and the adverse party as respondent, without impleading the lower courts
or judges thereof either as petitioners or respondents; (b) indicate the materia
l dates showing when notice of the judgment or final order or resolution subject
thereof was received, when a motion for new trial or reconsideration, if any, w
as filed and when notice of the denial thereof was received; (c) set forth conci
sely a statement of the matters involved, and the reasons or arguments relied on
for the allowance of the petition; (d) be accompanied by a clearly legible dupl
icate original, or a certified true copy of the judgment or final order or resol
ution certified by the clerk of court of the court a quo and the requisite numbe
r of plain copies thereof, and such material portions of the record as would sup
port the petition; and (e) contain a sworn certification against forum shopping
as provided in the last paragraph of section 2, Rule 42. (2a)
Petitions for review on certiorari to the SC, like petitions for review to the C
A, must be with certification of non-forum shopping. Ordinary appeals need not h
ave such certification.
Sec. 5. Dismissal or denial of petition. The failure of the petitioner to comply
with any of the foregoing requirements regarding the payment of the docket and
other lawful fees, deposit for costs, proof of service of the petition, and the
contents of and the documents which should accompany the petition shall be suffi
cient ground for the dismissal thereof.
The Supreme Court may on its own initiative deny the petition on the ground that
the appeal is without merit, or is prosecuted manifestly for delay, or that the
questions raised therein are too unsubstantial to require consideration. (3a)
The grounds for the SC to dismiss a petition for review on certiorari is the sam
e as the CA s grounds to dismiss a petition for review.
Sec. 6. Review discretionary. A review is not a matter of right, but of sound ju
dicial discretion, and will be granted only when there are special and important
reasons therefor. The following, while neither controlling nor fully measuring
the court s discretion, indicate the character of the reasons which will be consid
ered:
(a) When the court a quo has decided a question of substance, not theretofore de
termined by the Supreme Court, or has decided it in a way probably not in accord
with law or with the applicable decisions of the Supreme Court; or
(b) When the court a quo has so far departed from the accepted and usual course
of judicial proceedings, or so far sanctioned such departure by a lower court, a
s to call for an exercise of the power of supervision. (4a)
Sec. 7. Pleadings and documents that may be required; sanctions. For purposes of
determining whether the petition should be dismissed or denied pursuant to sect
ion 5 of this Rule, or where the petition is given due course under section 8 he
reof, the Supreme Court may require or allow the filing of such pleadings, brief
s, memoranda or documents as it may deem necessary within such periods and under
such conditions as it may consider appropriate, and impose the corresponding sa
nctions in case of non-filing or unauthorized filing of such pleadings and docum
ents or non-compliance with the conditions therefor. (n)
Sec. 8. Due course; elevation of records. If the petition is given due course, t
he Supreme Court may require the elevation of the complete record of the case or
specified parts thereof within fifteen (15) days from notice. (2a)
Sec. 9. Rule applicable to both civil and criminal cases. The mode of appeal pre
scribed in this Rule shall be applicable to both civil and criminal cases, excep
t in criminal cases where the penalty imposed is death, reclusion perpetua or li
fe imprisonment. (n)
Cases
Murillo v. Consul, 183 SCRA xi (1990) Except in criminal cases where the penalty
imposed is life imprisonment or reclusion perpetua, judgments of RTC may be app
ealed to the SC only by petition for review on certiorari under Rule 45. Appeals
to the CA from RTCs are perfected in 2 ways: 1) ordinary appeal, and 2) petitio
n for review. An appeal erroneous as to mode or forum shall not be transferred,
but shall be dismissed. Notice of appeal from RTC decisions on pure questions of
law can not be entertained be either CA or SC and should be dismissed. The reme
dy is the file a petition for review on certiorari with the SC, or file a notice
of appeal on questions of both law and fact, to be decided by the CA.
de Leon: Modes of appeal from a decision of the CA on
ordinary appeal petition for review on certiorari to the SC
petition for review same
Kho v. Camacho, 204 SCRA 151 (1991) The question of wheter an appeal involves on
ly questions of law or both questions of fact and law should be left for the det
ermination of an appellate court and not by the court a quo.
de Leon: Therefore if an appellant files a notice of appeal to the RTC on pure q
uestion of law, the RTC should approve it, then the CA should dismiss the appeal
.
Original Cases
Rule 46
Section 1. Title of cases. In all cases originally filed in the Court of Appeals
, the party instituting the action shall be called the petitioner and the opposi
ng party the respondent. (1a)
Sec. 2. To what actions applicable. This Rule shall apply to original actions fo
r certiorari, prohibition, mandamus and quo warranto.
Except as otherwise provided, the actions for annulment of judgment shall be gov
erned by Rule 47, for certiorari, prohibition and mandamus by Rule 65, and for q
uo warranto by Rule 66. (n)
Sec. 3. Contents and filing of petition; effect of non-compliance with requireme
nts.- The petition shall contain the full names and actual addresses of all the
petitioners and respondents, a concise statement of the matters involved, the fa
ctual background of the case, and the grounds relied upon for the relief prayed
for.
In actions filed under Rule 65, the petition shall further indicate the material
dates showing when notice of the judgment or final order or resolution subject
thereof was received, when a motion for new trial or reconsideration, if any, wa
s filed and when notice of the denial thereof was received.
It shall be filed in seven (7) clearly legible copies together with proof of ser
vice thereof on the respondent with the original copy intended for the court ind
icated as such by the petitioner, and shall be accompanied by a clearly legible
duplicate original or certified true copy of the judgment, order, resolution, or
 ruling subject thereof, such material portions of the record as are referred to
therein, and other documents relevant or pertinent thereto. The certification s
hall be accomplished by the proper clerk of court or by his duly authorized repr
esentative, or by the proper officer of the court, tribunal, agency or office in
volved or by his duly authorized representative. The other requisite number of c
opies of the petition shall be accompanied by clearly legible plain copies of al
l documents attached to the original.
The petitioner shall also submit together with the petition a sworn certificatio
n that he has not theretofore commenced any other action involving the same issu
es in the Supreme Court, the Court of Appeals or different divisions thereof, or
any other tribunal or agency; if there is such other action or proceeding, he m
ust state the status of the same; and if he should thereafter learn that a simil
ar action or proceeding has been filed or is pending before the Supreme Court, t
he Court of Appeals, or different divisions thereof, or any other tribunal or ag
ency, he undertakes to promptly inform the aforesaid courts and other tribunal o
r agency thereof within five (5) days therefrom.
The petitioner shall pay the corresponding docket and other lawful fees to the c
lerk of court and deposit the amount of P500.00 for costs at the time of the fil
ing of the petition.
The failure of the petitioner to comply with any of the foregoing requirements s
hall be sufficient ground for the dismissal of the petition.(n)
Original actions before te CA should have a certification against forum-shopping
, like petitions for review to the CA and petitions for review on certiorari to
the SC.
Sec. 4. Jurisdiction over person of respondent, how acquired. The court shall ac
quire jurisdiction over the person of the respondent by the service on him of it
s order or resolution indicating its initial action on the petition or by his vo
luntary submission to such jurisdiction. (n)
Sec. 5. Action by the court. The court may dismiss the petition outright with sp
ecific reasons for such dismissal or require the respondent to file a comment on
the same within ten (10) days from notice. Only pleadings required by the court
shall be allowed. All other pleadings and papers may be filed only with leave o
f court. (n)
Sec. 6. Determination of factual issues. Whenever necessary to resolve factual i
ssues, the court itself may conduct hearings thereon or delegate the reception o
f the evidence on such issues to any of its members or to an appropriate court,
agency or office. (n)
Sec. 7. Effect of failure to file comment. When no comment is filed by any of th
e respondents, the case may be decided on the basis of the record, without preju
dice to any disciplinary action which the court may take against the disobedient
party. (n)
Cases
Vital-Gozon v. CA, 212 SCRA 235 (1992) In original actions for mandamus filed be
fore the CA, the CA is authorized to award damages.
Annulment of Judgments or Final Orders and Resolutions (Rule 47)
Section 1. Coverage. This Rule shall govern the annulment by the Court of Appeal
s of judgments or final orders and resolutions in civil actions of Regional Tria
l Courts for which the ordinary remedies of new trial, appeal, petition for reli
ef or other appropriate remedies are no longer available through no fault of the
petitioner. (n)
Sec. 2. Grounds for annulment. The annulment may be based only on the grounds of
extrinsic fraud and lack of jurisdiction.
Extrinsic fraud shall not be a valid ground if it was availed of, or could have
been availed of, in a motion for new trial or petition for relief. (n)
Sec. 3. Period for filing action. If based on extrinsic fraud, the action must b
e filed within four (4) years from its discovery; and if based on lack of jurisd
iction, before it is barred by laches or estoppel. (n)
Sec. 4. Filing and contents of petition. The action shall be commenced by filing
a verified petition alleging therein with particularity the facts and the law r
elied upon for annulment, as well as those supporting the petitioner s good and su
bstantial cause of action or defense, as the case may be.
The petition shall be filed in seven (7) clearly legible copies, together with s
ufficient copies corresponding to the number of respondents. A certified true co
py of the judgment or final order or resolution shall be attached to the origina
l copy of the petition intended for the court and indicated as such by the petit
ioner.
The petitioner shall also submit together with the petition affidavits of witnes
ses or documents supporting the cause of action or defense and a sworn certifica
tion that he has not theretofore commenced any other action involving the same i
ssues in the Supreme Court, the Court of Appeals or different divisions thereof,
or any other tribunal or agency; if there is such other action or proceeding, h
e must state the status of the same, and if he should thereafter learn that a si
milar action or proceeding has been filed or is pending before the Supreme Court
, the Court of Appeals, or different divisions thereof, or any other tribunal or
agency, he undertakes to promptly inform the aforesaid courts and other tribuna
l or agency thereof within five (5) days therefrom. (n)
Requisites for annulment by the CA of civil judgments of the RTC
remedies of new trial, appeal, petition for relief or other appropriate remedies
are no longer available through no fault of the petitioner.
either
extrinsic fraud or
lack of jurisdiction.
filed within
4 years from discovery if based on extrinsic fraud
before barred by laches or estoppel if based on lack of jurisdiction
petition should allege, and be accompanied by supporting evidence of , the petit
ioner s good and substantial cause of action or defense.
Certification against forum shopping
Extrinsic fraud shall not be a valid ground if it was availed of, or could have
been availed of, in a MNT or petition for relief.
Sec. 5. Action by the court. Should the court find no substantial merit in the p
etition, the same may be dismissed outright with specific reasons for such dismi
ssal.
Should prima facie merit be found in the petition, the same shall be given due c
ourse and summons shall be served on the respondent. (n)
The CA can motu priopio dismiss a petition for annulment of an RTC decision.
This does not apply in case of annulment of MTC judgment filed before the RTC.
Sec. 6. Procedure. The procedure in ordinary civil cases shall be observed. Shou
ld a trial be necessary, the reception of the evidence may be referred to a memb
er of the court or a judge of a Regional Trial Court. (n)
This does not apply in case of annulment of MTC judgment filed before the RTC.
Sec. 7. Effect of judgment. A judgment of annulment shall set aside the question
ed judgment or final order or resolution and render the same null and void, with
out prejudice to the original action being refiled in the proper court. However,
where the judgment or final order or resolution is set aside on the ground of e
xtrinsic fraud, the court may on motion order the trial court to try the case as
if a timely motion for new trial had been granted therein. (n)
If petition is granted on the ground of
lack of jurisdiction
judgment is annulled
plaintiff may refile in the proper court
extrinsic fraud judgment is annulled, without prejudice to the original action b
eing refiled in the proper court; the court may on motion order the trial court
to try the case as if a timely motion for new trial had been granted therein
Sec. 8. Suspension of prescriptive period. The prescriptive period for the refil
ing of the aforesaid original action shall be deemed suspended from the filing o
f such original action until the finality of the judgment of annulment. However,
the prescriptive period shall not be suspended where the extrinsic fraud is att
ributable to the plaintiff in the original action. (n)
GR: The prescriptive period for the refiling shall be deemed suspended from the
filing of such original action until the finality of the judgment of annulment.
Excepion: The prescriptive period shall not be suspended where the extrinsic fra
ud is attributable to the plaintiff in the original action.
Sec. 9. Relief available. The judgment of annulment may include the award of dam
ages, attorney s fees and other relief.
If the questioned judgment or final order or resolution had already been execute
d, the court may issue such orders of restitution or other relief as justice and
equity may warrant under the circumstances. (n)
The judgment of annulment may include the award of damages, attorney s fees and ot
her relief.
If the annulled judgment had already been executed, the court may issue such ord
ers of restitution or other relief.
Sec. 10. Annulment of judgments or final orders of Municipal Trial Courts. An ac
tion to annul a judgment or final order of a Municipal Trial Court shall be file
d in the Regional Trial Court having jurisdiction over the former. It shall be t
reated as an ordinary civil action and sections 2, 3, 4, 7, 8 and 9 of this Rule
shall be applicable thereto. (n)
An action to annul a judgment or final order of a MTC shall be filed in the RTC
having jurisdiction over the former.

Preliminary Conference (Rule 48)

Section 1. Preliminary conference. At any time during the pendency of a case, th
e court may call the parties and their counsel to a preliminary conference:
(a) To consider the possibility of an amicable settlement, except when the case
is not allowed by law to be compromised;
(b) To define, simplify and clarify the issues for determination;
(c) To formulate stipulations of facts and admissions of documentary exhibits, l
imit the number of witnesses to be presented in cases falling within the origina
l jurisdiction of the court, or those within its appellate jurisdiction where a
motion for new trial is granted on the ground of newly discovered evidence; and
(d) To take up such other matters which may aid the court in the prompt disposit
ion of the case. (Rule 7, CA Internal Rules) (n)
Sec. 2. Record of the conference. The proceedings at such conference shall be re
corded and, upon the conclusion thereof, a resolution shall be issued embodying
all the actions taken therein, the stipulations and admissions made, and the iss
ues defined. (n)
Sec. 3. Binding effect of the results of the conference. Subject to such modific
ations which may be made to prevent manifest injustice, the resolution in the pr
eceding section shall control the subsequent proceedings in the case unless, wit
hin five (5) days from notice thereof, any party shall satisfactorily show valid
cause why the same should not be followed. (n)

Oral Argument (Rule 49)

Section 1. When allowed. At its own instance or upon motion of a party, the cour
t may hear the parties in oral argument on the merits of a case, or on any mater
ial incident in connection therewith. (n)
The oral argument shall be limited to such matters as the court may specify in i
ts order or resolution. (1a, R48)
Sec. 2. Conduct of oral argument. Unless authorized by the court, only one couns
el may argue for a party. The duration allowed for each party, the sequence of t
he argumentation, and all other related matters shall be as directed by the cour
t. (n)
Sec. 3. No hearing or oral argument for motions. Motions shall not be set for he
aring and, unless the court otherwise directs, no hearing or oral argument shall
be allowed in support thereof. The adverse party may file objections to the mot
ion within five (5) days from service, upon the expiration of which such motion
shall be deemed submitted for resolution. (2a, R49)
Dismissal of Appeal (Rule 50)
Section 1. Grounds for dismissal of appeal. An appeal may be dismissed by the Co
urt of Appeals, on its own motion or on that of the appellee, on the following g
rounds:
(a) Failure of the record on appeal to show on its face that the appeal was take
n within the period fixed by these Rules;
(b) Failure to file the notice of appeal or the record on appeal within the peri
od prescribed by these Rules;
(c) Failure of the appellant to pay the docket and other lawful fees as provided
in section 4 of Rule 41;
(d) Unauthorized alterations, omissions or additions in the approved record on a
ppeal as provided in section 4 of Rule 44;
(e) Failure of the appellant to serve and file the required number of copies of
his brief or memorandum within the time provided by these Rules;
(f) Absence of specific assignment of errors in the appellant s brief, or of page
references to the record as required in section 13, paragraphs (a), (c), (d) and
(f) of Rule 44;
(g) Failure of the appellant to take the necessary steps for the correction or c
ompletion of the record within the time limited by the court in its order;
(h) Failure of the appellant to appear at the preliminary conference under Rule
48 or to comply with orders, circulars, or directives of the court without justi
fiable cause; and
(i) The fact that the order or judgment appealed from is not appealable. (1a)
Grounds for dismissal of appeal by the CA
Failure of the record on appeal to show on its face that the appeal was taken on
time
Failure to file the notice of appeal or the record on appeal on time
Failure of the appellant to pay the docket and other lawful fees
Unauthorized alterations, omissions or additions in the approved record on appea
l
Failure of the appellant to serve and file the required number of copies of his
brief or memorandum on time
Absence of specific assignment of errors in the appellant s brief, or of page refe
rences to the record
Failure of the appellant to take the necessary steps for the correction or compl
etion of the record on time
Failure of the appellant to appear at the preliminary conference
the fact that the order or judgment appealed from is not appealable
Sec. 2. Dismissal of improper appeal to the Court of Appeals. An appeal under Ru
le 41 taken from the Regional Trial Court to the Court of Appeals raising only q
uestions of law shall be dismissed, issues purely of law not being reviewable by
said court. Similarly, an appeal by notice of appeal instead of by petition for
review from the appellate judgment of a Regional Trial Court shall be dismissed
. (n)
An appeal erroneously taken to the Court of Appeals shall not be transferred to
the appropriate court but shall be dismissed outright. (3a)
An appeal erroneously taken to the CA or through the improper mode shall not be
transferred to the appropriate court but shall be dismissed outright.
Sec. 3. Withdrawal of appeal. An appeal may be withdrawn as of right at any time
before the filing of the appellee s brief. Thereafter, the withdrawal may be allo
wed in the discretion of the court. (4a)
Withdrawal of appeal
before the filing of the appellee s brief any time as a matter of right
after filing of the the appellee s brief with leave of court
Judgment
Rule 51
Section 1. When case deemed submitted for judgment. A case shall be deemed submi
tted for judgment:
A. In ordinary appeals.-
1) Where no hearing on the merits of the main case is held, upon the filing of t
he last pleading, brief, or memorandum required by the Rules or by the court its
elf, or the expiration of the period for its filing.
2) Where such a hearing is held, upon its termination or upon the filing of the
last pleading or memorandum as may be required or permitted to be filed by the c
ourt, or the expiration of the period for its filing.
B. In original actions and petitions for review.-
1) Where no comment is filed, upon the expiration of the period to comment.
2) Where no hearing is held, upon the filing of the last pleading required or pe
rmitted to be filed by the court, or the expiration of the period for its filing
.
3) Where a hearing on the merits of the main case is held, upon its termination
or upon the filing of the last pleading or memorandum as may be required or perm
itted to be filed by the court, or the expiration of the period for its filing.
(n)
Sec. 2. By whom rendered. The judgment shall be rendered by the members of the c
ourt who participated in the deliberation on the merits of the case before its a
ssignment to a member for the writing of the decision. (n)
Sec. 3. Quorum and voting in the court. The participation of all three Justices
of a division shall be necessary at the deliberation and the unanimous vote of t
he three Justices shall be required for the pronouncement of a judgment or final
resolution. If the three Justices do not reach a unanimous vote, the clerk shal
l enter the votes of the dissenting Justices in the record. Thereafter, the Chai
rman of the division shall refer the case, together with the minutes of the deli
beration, to the Presiding Justice who shall designate two Justices chosen by ra
ffle from among all the other members of the court to sit temporarily with them,
forming a special division of five Justices. The participation of all the five
members of the special division shall be necessary for the deliberation required
in section 2 of this Rule and the concurrence of a majority of such division sh
all be required for the pronouncement of a judgment or final resolution. (2a)
Sec. 4. Disposition of a case. The Court of Appeals, in the exercise of its appe
llate jurisdiction, may affirm, reverse, or modify the judgment or final order a
ppealed from, and may direct a new trial or further proceedings to be had. (3a)
Sec. 5. Form of decision. Every decision or final resolution of the court in app
ealed cases shall clearly and distinctly state the findings of fact and the conc
lusions of law on which it is based, which may be contained in the decision or f
inal resolution itself, or adopted from those set forth in the decision, order,
or resolution appealed from. (Sec. 40, BP Blg. 129) (n)
Sec. 6. Harmless error. No error in either the admission or the exclusion of evi
dence and no error or defect in any ruling or order or in anything done or omitt
ed by the trial court or by any of the parties is ground for granting a new tria
l or for setting aside, modifying, or otherwise disturbing a judgment or order,
unless refusal to take such action appears to the court inconsistent with substa
ntial justice. The court at every stage of the proceeding must disregard any err
or or defect which does not affect the substantial rights of the parties. (5a)
Sec. 7. Judgment where there are several parties. In all actions or proceedings,
an appealed judgment may be affirmed as to some of the appellants, and reversed
as to others, and the case shall thereafter be proceeded with, so far as necess
ary, as if separate actions had been begun and prosecuted; and execution of the
judgment of affirmance may be had accordingly, and costs may be adjudged in such
cases, as the court shall deem proper. (6)
Sec. 8. Questions that may be decided. No error which does not affect the jurisd
iction over the subject matter or the validity of the judgment appealed from or
the proceedings therein will be considered unless stated in the assignment of er
rors, or closely related to or dependent on an assigned error and properly argue
d in the brief, save as the court may pass upon plain errors and clerical errors
. (7a)
Sec. 9. Promulgation and notice of judgment. After the judgment or final resolut
ion and dissenting or separate opinions, if any, are signed by the Justices taki
ng part, they shall be delivered for filing to the clerk who shall indicate ther
eon the date of promulgation and cause true copies thereof to be served upon the
parties or their counsel. (n)
Sec. 10. Entry of judgments and final resolutions. If no appeal or motion for ne
w trial or reconsideration is filed within the time provided in these Rules, the
judgment or final resolution shall forthwith be entered by the clerk in the boo
k of entries of judgments. The date when the judgment or final resolution become
s executory shall be deemed as the date of its entry. The record shall contain t
he dispositive part of the judgment or final resolution and shall be signed by t
he clerk, with a certificate that such judgment or final resolution has become f
inal and executory. (2a, R36)
Sec. 11. Execution of judgment. Except where the judgment or final order or reso
lution, or a portion thereof, is ordered to be immediately executory, the motion
for its execution may only be filed in the proper court after its entry.
In original actions in the Court of Appeals, its writ of execution shall be acco
mpanied by a certified true copy of the entry of judgment or final resolution an
d addressed to any appropriate officer for its enforcement.
In appealed cases, where the motion for execution pending appeal is filed in the
Court of Appeals at a time that it is in possession of the original record or t
he record on appeal, the resolution granting such motion shall be transmitted to
the lower court from which the case originated, together with a certified true
copy of the judgment or final order to be executed, with a directive for such co
urt of origin to issue the proper writ for its enforcement. (n)
Cases
Cayaba v. CA, 219 SCRA 571 (1993) GR: Reversal of a judgment on appeal is bindng
on the parties to the suit but does not inure to the benefit of parties wo did
not join in the appeal. Exception: when their rights and liabilities and those o
f the parties appealing are so interwoven and dependent so as to be inseparable
(e.g. one derives title from the other), in which case a reversal as to one oper
ates as a reversal to all.
Go v. CA, 100 SCRA 549 (1980) Where only the plaintiff of the dismissed complain
t appealed, the appellate court, in reversing the decision, can not render judgm
ent on 3rd party defendants where the 3rd party complainant did not appeal.
Motion For Reconsideration (Rule 52)
Section 1. Period for filing. A party may file a motion for reconsideration of a
judgment or final resolution within fifteen (15) days from notice thereof, with
proof of service on the adverse party. (n)
Sec. 2. Second motion for reconsideration. No second motion for reconsideration
of a judgment or final resolution by the same party shall be entertained. (n)
Sec. 3. Resolution of motion. In the Court of Appeals, a motion for reconsiderat
ion shall be resolved within ninety (90) days from the date when the court decla
res it submitted for resolution. (n)
Sec. 4. Stay of execution. The pendency of a motion for reconsideration filed on
time and by the proper party shall stay the execution of the judgment or final
resolution sought to be reconsidered unless the court, for good reasons, shall o
therwise direct. (n)
A MfR before the CA stays execution of its judgment, unless for good reasons, th
e CA directs otherwise.
New Trial
Rule 53
Section 1. Period for filing; ground. At any time after the appeal from the lowe
r court has been perfected and before the Court of Appeals loses jurisdiction ov
er the case, a party may file a motion for a new trial on the ground of newly di
scovered evidence which could not have been discovered prior to the trial in the
court below by the exercise of due diligence and which is of such a character a
s would probably change the result. The motion shall be accompanied by affidavit
s showing the facts constituting the grounds therefor and the newly discovered e
vidence. (1a)
Requisites for MNT before the CA
filed after appeal has been perfected and before the CA loses jurisdiction.
Ground is newly discovered evidence which
could not have been discovered prior to the trial in the court below by the exer
cise of due diligence and
is of such a character as would probably change the result.
accompanied by affidavits showing
the facts constituting the grounds therefor and
the newly discovered evidence.
Note that FAME is not a ground for MNT before the CA unlike before the lower cou
rts.
Sec. 2. Hearing and order. The Court of Appeals shall consider the new evidence
together with that adduced at the trial below, and may grant or refuse a new tri
al, or may make such order, with notice to both parties, as to the taking of fur
ther testimony, either orally in court, or by depositions, or render such other
judgment as ought to be rendered upon such terms as it may deem just. (2a)
Sec. 3. Resolution of motion. In the Court of Appeals, a motion for new trial sh
all be resolved within ninety (90) days from the date when the court declares it
submitted for resolution. (n)
Sec. 4. Procedure in new trial. Unless the court otherwise directs, the procedur
e in the new trial shall be the same as that granted by a Regional Trial Court.
(3a)
Cases
Heirs of Montinola-Sanson v. CA, 158 SCRA 247 (1988) The affidavits accompanying
a MNT before the CA must state facts constituting the grounds for MNT and the n
ewly discovered evidence, not just mere conclusions or opinions (e.g. undue influ
ence was exerted ). The new witnesses must be named and there must be some degree
of certainty as to their appearance before the court to testify. Corroborative a
nd cumulative evidence generally not grounds for new trial.
de Leon: In fact, the new witnesses must not only be named, but their affidavits
must be attached to the MNT.
Navarra v. CA, 204 SCRA 850 (1991) Where the evidence was not yet existing at th
e time the CA rendered its decision, such evidence is not newly-discovered evide
nce that would be ground for a MNT. MNT can never be filed with the SC.
Cuenca v. CA, 250 SCRA 485 (1995) The rule that the SC can not grant MNT has bee
n abandoned. The SC can now grant MNT, more so if there is no opposition from th
e adverse party.

Internal Business (Rule 54)

Section 1. Distribution of cases among divisions. All the cases of the Court of
Appeals shall be allotted among the different divisions thereof for hearing and
decision. The Court of Appeals, sitting en banc, shall make proper orders or rul
es to govern the allotment of cases among the different divisions, the constitut
ion of such divisions, the regular rotation of Justices among them, the filling
of vacancies occurring therein, and other matters relating to the business of th
e court; and such rules shall continue in force until repealed or altered by it
or by the Supeme Court. (1a)
Sec. 2. Quorum of the Court. A majority of the actual members of the court shall
constitute a quorum for its session en banc. Three members shall constitute a q
uorum for its sessions of a division. The affirmative votes of the majority of t
he members present shall be necessary to pass a resolution of the court en banc.
The affirmative votes of three members of a division shall be necessary for the
pronouncement of a judgment or final resolution, which shall be reached in cons
ultation before the writing of the opinion by any member of the division. (Sec.
11, first par. of BP Blg. 129, as amended by Sec. 6 of EO 33). (3a)
Publication of Judgments and Final Resolution (Rule 55)
Section 1. Publication. The judgments and final resolutions of the court shall b
e published in the Official Gazette and in the Reports officially authorized by
the court in the language in which they have been originally written, together w
ith the syllabi therefor prepared by the reporter in consultation with the write
rs thereof. Memoranda of all other judgments and final resolutions not so publis
hed shall be made by the reporter and published in the Official Gazette and the
authorized reports. (1a)
Sec. 2. Preparation of opinions for publication. The reporter shall prepare and
publish with each reported judgment and final resolution a concise synopsis of t
he facts necessary for a clear understanding of the case, the names of counsel,
the material and controverted points involved, the authorities cited therein, an
a syllabus which shall be confined to points of law. (Sec. 22a. R.A. No. 296).
(n)
Sec. 3. General make-up of volumes. The published decisions and final resolution
s of the Supreme Court shall be called "Philippine Reports," while those of the
Court of Appeals shall be known as the "Court of Appeals Reports." Each volume t
hereof shall contain a table of the cases reported and the cases cited in the op
inions, with a complete alphabetical index of the subject matters of the volume.
It shall consist of not less than seven hundred pages printed upon good paper,
well bound and numbered consecutively in the order of the volume published. (Sec
. 23a, R.A. No. 296) (n)
Procedure in the Supreme Court (Rule 56)
Original Cases
Section 1. Original cases cognizable. Only petitions for certiorari, prohibition
, mandamus, quo warranto, habeas corpus, disciplinary proceeding against members
of the judiciary and attorneys, and cases affecting ambassadors, other public m
inisters and consuls may be filed originally in the Supreme Court. (n)
Original cases cognizable before the SC
petitions for
certiorari
prohibition
mandamus
quo warranto
habeas corpus
disciplinary proceeding against members of the judiciary and attorneys, and
cases affecting ambassadors, other public ministers and consuls
Sec. 2. Rules applicable. The procedure in original cases for certiorari, prohib
ition, mandamus, quo warranto and habeas corpus shall be in accordance with the
applicable provisions of the Constitution, laws, and Rules 46 (original cases),
48 (preliminary conference), 49 (oral argument), 51 (judgment), 52 (motion for r
econsideration) and this Rule, subject to the following provisions:
a) All references in said Rules to the Court of Appeals shall be understood to a
lso apply to the Supreme Court;
b) The portions of said Rules dealing strictly with and specifically intended fo
r appealed cases in the Court of Appeals shall not be applicable; and
c) Eighteen (18) clearly legible copies of the petition shall be filed, together
with proof of service on all adverse parties.
The proceedings for disciplinary action against members of the judiciary shall b
e governed by the laws and Rules prescribed therefor, and those against attorney
s by Rule 139-B, as amended. (n)
Note that the provisions on CA procedure in ordinary appealed cases (Rule 44), a
nnulment of judgments or final orders and resolutions (Rule 47), dismissal of ap
peal (Rule 50), new trial (Rule 53), internal business (Rule 54), and publicatio
n of judgments and final resolution (Rule 55) are not expressly applicable in ca
ses before the SC.
Appealed Cases
Sec. 3. Mode of appeal. An appeal to the Supreme Court may be taken only by a pe
tition for review on certiorari, except in criminal cases where the penalty impo
sed is death, reclusion perpetua or life imprisonment. (n)
An appeal to the Supreme Court may be taken only by a petition for review on cer
tiorari, except in criminal cases where the penalty imposed is death, reclusion
perpetua or life imprisonment. Hence for any civil decision by the CA to go to t
he SC, it must be by pettion for review on certiorari.
Sec. 4. Procedure. The appeal shall be governed by and disposed of in accordance
with the applicable provisions of the constitution, laws, Rules 45 (appeal by c
ertiorari to the Supreme Court), 48 (preliminary conference), sections 1, 2, and
5 to 11 of Rule 51 (judgment), 52 (motion for reconsideration) and this Rule. (
n)
Sec. 5. Grounds for dismissal of appeal. The appeal may be dismisnt evidencing t
he agency. Such revocation may be express or implied. (1733a)
Art. 1921. If the agency has been entrusted for the purpose of contracting with
specified persons, its revocation shall not prejudice the latter if they were no
t given notice thereof. (1734)
Art. 1922. If the agent had general powers, revocation of the agency does not pr
ejudice third persons who acted in good faith and without knowledge of the revoc
ation. Notice of the revocation in a newspaper of general circulation is a suffi
cient warning to third persons. (n)
Art. 1923. The appointment of a new agent for the same business or transaction r
evokes the previous agency from the day on which notice thereof was given to the
former agent, without prejudice to the provisions of the two preceding articles
. (1735a)
Art. 1924. The agency is revoked if the principal directly manages the business
entrusted to the agent, dealing directly with third persons. (n)
Art. 1925. When two or more principals have granted a power of attorney for a co
mmon transaction, any one of them may revoke the same without the consent of the
others. (n)
Art. 1926. A general power of attorney is revoked by a special one granted to an
other agent, as regards the special matter involved in the latter. (n)
Art. 1927. An agency cannot be revoked if a bilateral contract depends upon it,
or if it is the means of fulfilling an obligation already contracted, or if a pa
rtner is appointed manager of a partnership in the contract of partnership and h
is removal from the management is unjustifiable. (n)
Art. 1928. The agent may withdraw from the agency by giving due notice to the pr
incipal. If the latter should suffer any damage by reason of the withdrawal, the
agent must indemnify him therefor, unless the agent should base his withdrawal
upon the impossibility of continuing the performance of the agency without grave
detriment to himself. (1736a)
Art. 1929. The agent, even if he should withdraw from the agency for a valid rea
son, must continue to act until the principal has had reasonable opportunity to
take the necessary steps to meet the situation. (1737a)
Art. 1930. The agency shall remain in full force and effect even after the death
of the principal, if it has been constituted in the common interest of the latt
er and of the agent, or in the interest of a third person who has accepted the s
tipulation in his favor. (n)
Art. 1931. Anything done by the agent, without knowledge of the death of the pri
ncipal or of any other cause which extinguishes the agency, is valid and shall b
e fully effective with respect to third persons who may have contracted with him
in good faith. (1738)
Art. 1932. If the agent dies, his heirs must notify the principal thereof, and i
n the meantime adopt such measures as the circumstances may demand in the intere
st of the latter. (1739)
Title XI. - LOAN
GENERAL PROVISIONS
Art. 1933. By the contract of loan, one of the parties delivers to another, eith
er something not consumable so that the latter may use the same for a certain ti
me and return it, in which case the contract is called a commodatum; or money or
other consumable thing, upon the condition that the same amount of the same kin
d and quality shall be paid, in which case the contract is simply called a loan
or mutuum.
Commodatum is essentially gratuitous.
Simple loan may be gratuitous or with a stipulation to pay interest.
In commodatum the bailor retains the ownership of the thing loaned, while in sim
ple loan, ownership passes to the borrower. (1740a)
Art. 1934. An accepted promise to deliver something by way of commodatum or simp
le loan is binding upon parties, but the commodatum or simple loan itself shall
not be perfected until the delivery of the object of the contract. (n)
CHAPTER 1
COMMODATUM
SECTION 1 - Nature of Commodatum
Art. 1935. The bailee in commodatum acquires the used of the thing loaned but no
t its fruits; if any compensation is to be paid by him who acquires the use, the
contract ceases to be a commodatum. (1941a)
Art. 1936. Consumable goods may be the subject of commodatum if the purpose of t
he contract is not the consumption of the object, as when it is merely for exhib
ition. (n)
Art. 1937. Movable or immovable property may be the object of commodatum. (n)
Art. 1938. The bailor in commodatum need not be the owner of the thing loaned. (
n)
Art. 1939. Commodatum is purely personal in character. Consequently:
(1) The death of either the bailor or the bailee extinguishes the contract;
(2) The bailee can neither lend nor lease the object of the contract to a third
person. However, the members of the bailee's household may make use of the thing
loaned, unless there is a stipulation to the contrary, or unless the nature of
the thing forbids such use. (n)
Art. 1940. A stipulation that the bailee may make use of the fruits of the thing
loaned is valid. (n)
SECTION 2. - Obligations of the Bailee
Art. 1941. The bailee is obliged to pay for the ordinary expenses for the use an
d preservation of the thing loaned. (1743a)
Art. 1942. The bailee is liable for the loss of the thing, even if it should be
through a fortuitous event:
(1) If he devotes the thing to any purpose different from that for which it has
been loaned;
(2) If he keeps it longer than the period stipulated, or after the accomplishmen
t of the use for which the commodatum has been constituted;
(3) If the thing loaned has been delivered with appraisal of its value, unless t
here is a stipulation exemption the bailee from responsibility in case of a fort
uitous event;
(4) If he lends or leases the thing to a third person, who is not a member of hi
s household;
(5) If, being able to save either the thing borrowed or his own thing, he chose
to save the latter. (1744a and 1745)
Art. 1943. The bailee does not answer for the deterioration of the thing loaned
due only to the use thereof and without his fault. (1746)
Art. 1944. The bailee cannot retain the thing loaned on the ground that the bail
or owes him something, even though it may be by reason of expenses. However, the
bailee has a right of retention for damages mentioned in Article 1951. (1747a)
Art. 1945. When there are two or more bailees to whom a thing is loaned in the s
ame contract, they are liable solidarily. (1748a)
SECTION 3. - Obligations of the Bailor
Art. 1946. The bailor cannot demand the return of the thing loaned till after th
e expiration of the period stipulated, or after the accomplishment of the use fo
r which the commodatum has been constituted. However, if in the meantime, he sho
uld have urgent need of the thing, he may demand its return or temporary use.
In case of temporary use by the bailor, the contract of commodatum is suspended
while the thing is in the possession of the bailor. (1749a)
Art. 1947. The bailor may demand the thing at will, and the contractual relation
is called a precarium, in the following cases:
(1) If neither the duration of the contract nor the use to which the thing loane
d should be devoted, has been stipulated; or
(2) If the use of the thing is merely tolerated by the owner. (1750a)
Art. 1948. The bailor may demand the immediate return of the thing if the bailee
commits any act of ingratitude specified in Article 765. (n)
Art. 1949. The bailor shall refund the extraordinary expenses during the contrac
t for the preservation of the thing loaned, provided the bailee brings the same
to the knowledge of the bailor before incurring them, except when they are so ur
gent that the reply to the notification cannot be awaited without danger.
If the extraordinary expenses arise on the occasion of the actual use of the thi
ng by the bailee, even though he acted without fault, they shall be borne equall
y by both the bailor and the bailee, unless there is a stipulation to the contra
ry. (1751a)
Art. 1950. If, for the purpose of making use of the thing, the bailee incurs exp
enses other than those referred to in Articles 1941 and 1949, he is not entitled
to reimbursement. (n)
Art. 1951. The bailor who, knowing the flaws of the thing loaned, does not advis
e the bailee of the same, shall be liable to the latter for the damages which he
may suffer by reason thereof. (1752)
Art. 1952. The bailor cannot exempt himself from the payment of expenses or dama
ges by abandoning the thing to the bailee. (n)
CHAPTER 2
SIMPLE LOAN OR MUTUUM
Art. 1953. A person who receives a loan of money or any other fungible thing acq
uires the ownership thereof, and is bound to pay to the creditor an equal amount
of the same kind and quality. (1753a)
Art. 1954. A contract whereby one person transfers the ownership of non-fungible
things to another with the obligation on the part of the latter to give things
of the same kind, quantity, and quality shall be considered a barter. (n)
Art. 1955. The obligation of a person who borrows money shall be governed by the
provisions of Articles 1249 and 1250 of this Code.
If what was loaned is a fungible thing other than money, the debtor owes another
thing of the same kind, quantity and quality, even if it should change in value
. In case it is impossible to deliver the same kind, its value at the time of th
e perfection of the loan shall be paid. (1754a)
Art. 1956. No interest shall be due unless it has been expressly stipulated in w
riting. (1755a)
Art. 1957. Contracts and stipulations, under any cloak or device whatever, inten
ded to circumvent the laws against usury shall be void. The borrower may recover
in accordance with the laws on usury. (n)
Art. 1958. In the determination of the interest, if it is payable in kind, its v
alue shall be appraised at the current price of the products or goods at the tim
e and place of payment. (n)
Art. 1959. Without prejudice to the provisions of Article 2212, interest due and
unpaid shall not earn interest. However, the contracting parties may by stipula
tion capitalize the interest due and unpaid, which as added principal, shall ear
n new interest. (n)
Art. 1960. If the borrower pays interest when there has been no stipulation ther
efor, the provisions of this Code concerning solutio indebiti, or natural obliga
tions, shall be applied, as the case may be. (n)
Art. 1961. Usurious contracts shall be governed by the Usury Law and other speci
al laws, so far as they are not inconsistent with this Code. (n)
Title XII. - DEPOSIT
CHAPTER 1
DEPOSIT IN GENERAL AND ITS DIFFERENT KINDS
Art. 1962. A deposit is constituted from the moment a person receives a thing be
longing to another, with the obligation of safely keeping it and of returning th
e same. If the safekeeping of the thing delivered is not the principal purpose o
f the contract, there is no deposit but some other contract. (1758a)
Art. 1963. An agreement to constitute a deposit is binding, but the deposit itse
lf is not perfected until the delivery of the thing. (n)
Art. 1964. A deposit may be constituted judicially or extrajudicially. (1759)
Art. 1965. A deposit is a gratuitous contract, except when there is an agreement
to the contrary, or unless the depositary is engaged in the business of storing
goods. (1760a)
Art. 1966. Only movable things may be the object of a deposit. (1761)
Art. 1967. An extrajudicial deposit is either voluntary or necessary. (1762)
CHAPTER 2
VOLUNTARY DEPOSIT
SECTION 1. - General Provisions
Art. 1968. A voluntary deposit is that wherein the delivery is made by the will
of the depositor. A deposit may also be made by two or more persons each of whom
believes himself entitled to the thing deposited with a third person, who shall
deliver it in a proper case to the one to whom it belongs. (1763)
Art. 1969. A contract of deposit may be entered into orally or in writing. (n)
Art. 1970. If a person having capacity to contract accepts a deposit made by one
who is incapacitated, the former shall be subject to all the obligations of a d
epositary, and may be compelled to return the thing by the guardian, or administ
rator, of the person who made the deposit, or by the latter himself if he should
acquire capacity. (1764)
Art. 1971. If the deposit has been made by a capacitated person with another who
is not, the depositor shall only have an action to recover the thing deposited
while it is still in the possession of the depositary, or to compel the latter t
o pay him the amount by which he may have enriched or benefited himself with the
thing or its price. However, if a third person who acquired the thing acted in
bad faith, the depositor may bring an action against him for its recovery. (1765
a)
SECTION 2. - Obligations of the Depositary
Art. 1972. The depositary is obliged to keep the thing safely and to return it,
when required, to the depositor, or to his heirs and successors, or to the perso
n who may have been designated in the contract. His responsibility, with regard
to the safekeeping and the loss of the thing, shall be governed by the provision
s of Title I of this Book.
If the deposit is gratuitous, this fact shall be taken into account in determini
ng the degree of care that the depositary must observe. (1766a)
Art. 1973. Unless there is a stipulation to the contrary, the depositary cannot
deposit the thing with a third person. If deposit with a third person is allowed
, the depositary is liable for the loss if he deposited the thing with a person
who is manifestly careless or unfit. The depositary is responsible for the negli
gence of his employees. (n)
Art. 1974. The depositary may change the way of the deposit if under the circums
tances he may reasonably presume that the depositor would consent to the change
if he knew of the facts of the situation. However, before the depositary may mak
e such change, he shall notify the depositor thereof and wait for his decision,
unless delay would cause danger. (n)
Art. 1975. The depositary holding certificates, bonds, securities or instruments
which earn interest shall be bound to collect the latter when it becomes due, a
nd to take such steps as may be necessary in order that the securities may prese
rve their value and the rights corresponding to them according to law.
The above provision shall not apply to contracts for the rent of safety deposit
boxes. (n)
Art. 1976. Unless there is a stipulation to the contrary, the depositary may com
mingle grain or other articles of the same kind and quality, in which case the v
arious depositors shall own or have a proportionate interest in the mass. (n)
Art. 1977. The depositary cannot make use of the thing deposited without the exp
ress permission of the depositor.
Otherwise, he shall be liable for damages.
However, when the preservation of the thing deposited requires its use, it must
be used but only for that purpose. (1767a)
Art. 1978. When the depositary has permission to use the thing deposited, the co
ntract loses the concept of a deposit and becomes a loan or commodatum, except w
here safekeeping is still the principal purpose of the contract.
The permission shall not be presumed, and its existence must be proved. (1768a)
Art. 1979. The depositary is liable for the loss of the thing through a fortuito
us event:
(1) If it is so stipulated;
(2) If he uses the thing without the depositor's permission;
(3) If he delays its return;
(4) If he allows others to use it, even though he himself may have been authoriz
ed to use the same. (n)
Art. 1980. Fixed, savings, and current deposits of money in banks and similar in
stitutions shall be governed by the provisions concerning simple loan. (n)
Art. 1981. When the thing deposited is delivered closed and sealed, the deposita
ry must return it in the same condition, and he shall be liable for damages shou
ld the seal or lock be broken through his fault.
Fault on the part of the depositary is presumed, unless there is proof to the co
ntrary.
As regards the value of the thing deposited, the statement of the depositor shal
l be accepted, when the forcible opening is imputable to the depositary, should
there be no proof to the contrary. However, the courts may pass upon the credibi
lity of the depositor with respect to the value claimed by him.
When the seal or lock is broken, with or without the depositary's fault, he shal
l keep the secret of the deposit. (1769a)
Art. 1982. When it becomes necessary to open a locked box or receptacle, the dep
ositary is presumed authorized to do so, if the key has been delivered to him; o
r when the instructions of the depositor as regards the deposit cannot be execut
ed without opening the box or receptacle. (n)
Art. 1983. The thing deposited shall be returned with all its products, accessor
ies and accessions.
Should the deposit consist of money, the provisions relative to agents in articl
e 1896 shall be applied to the depositary. (1770)
Art. 1984. The depositary cannot demand that the depositor prove his ownership o
f the thing deposited.
Nevertheless, should he discover that the thing has been stolen and who its true
owner is, he must advise the latter of the deposit.
If the owner, in spite of such information, does not claim it within the period
of one month, the depositary shall be relieved of all responsibility by returnin
g the thing deposited to the depositor.
If the depositary has reasonable grounds to believe that the thing has not been
lawfully acquired by the depositor, the former may return the same. (1771a)
Art. 1985. When there are two or more depositors, if they are not solidary, and
the thing admits of division, each one cannot demand more than his share.
When there is solidarity or the thing does not admit of division, the provisions
of Articles 1212 and 1214 shall govern. However, if there is a stipulation that
the thing should be returned to one of the depositors, the depositary shall ret
urn it only to the person designated. (1772a)
Art. 1986. If the depositor should lose his capacity to contract after having ma
de the deposit, the thing cannot be returned except to the persons who may have
the administration of his property and rights. (1773)
Art. 1987. If at the time the deposit was made a place was designated for the re
turn of the thing, the depositary must take the thing deposited to such place; b
ut the expenses for transportation shall be borne by the depositor.
If no place has been designated for the return, it shall be made where the thing
deposited may be, even if it should not be the same place where the deposit was
made, provided that there was no malice on the part of the depositary. (1774)
Art. 1988. The thing deposited must be returned to the depositor upon demand, ev
en though a specified period or time for such return may have been fixed.
This provision shall not apply when the thing is judicially attached while in th
e depositary's possession, or should he have been notified of the opposition of
a third person to the return or the removal of the thing deposited. In these cas
es, the depositary must immediately inform the depositor of the attachment or op
position. (1775)
Art. 1989. Unless the deposit is for a valuable consideration, the depositary wh
o may have justifiable reasons for not keeping the thing deposited may, even bef
ore the time designated, return it to the depositor; and if the latter should re
fuse to receive it, the depositary may secure its consignation from the court. (
1776a)
Art. 1990. If the depositary by force majeure or government order loses the thin
g and receives money or another thing in its place, he shall deliver the sum or
other thing to the depositor. (1777a)
Art. 1991. The depositor's heir who in good faith may have sold the thing which
he did not know was deposited, shall only be bound to return the price he may ha
ve received or to assign his right of action against the buyer in case the price
has not been paid him. (1778)
SECTION 3. - Obligations of the Depositor
Art. 1992. If the deposit is gratuitous, the depositor is obliged to reimburse t
he depositary for the expenses he may have incurred for the preservation of the
thing deposited. (1779a)
Art. 1993. The depositor shall reimburse the depositary for any loss arising fro
m the character of the thing deposited, unless at the time of the constitution o
f the deposit the former was not aware of, or was not expected to know the dange
rous character of the thing, or unless he notified the depositary of the same, o
r the latter was aware of it without advice from the depositor. (n)
Art. 1994. The depositary may retain the thing in pledge until the full payment
of what may be due him by reason of the deposit. (1780)
Art. 1995. A deposit its extinguished:
(1) Upon the loss or destruction of the thing deposited;
(2) In case of a gratuitous deposit, upon the death of either the depositor or t
he depositary. (n)
CHAPTER 3
NECESSARY DEPOSIT
Art. 1996. A deposit is necessary:
(1) When it is made in compliance with a legal obligation;
(2) When it takes place on the occasion of any calamity, such as fire, storm, fl
ood, pillage, shipwreck, or other similar events. (1781a)
Art. 1997. The deposit referred to in No. 1 of the preceding article shall be go
verned by the provisions of the law establishing it, and in case of its deficien
cy, by the rules on voluntary deposit.
The deposit mentioned in No. 2 of the preceding article shall be regulated by th
e provisions concerning voluntary deposit and by Article 2168. (1782)
Art. 1998. The deposit of effects made by the travellers in hotels or inns shall
also be regarded as necessary. The keepers of hotels or inns shall be responsib
le for them as depositaries, provided that notice was given to them, or to their
employees, of the effects brought by the guests and that, on the part of the la
tter, they take the precautions which said hotel-keepers or their substitutes ad
vised relative to the care and vigilance of their effects. (1783)
Art. 1999. The hotel-keeper is liable for the vehicles, animals and articles whi
ch have been introduced or placed in the annexes of the hotel. (n)
Art. 2000. The responsibility referred to in the two preceding articles shall in
clude the loss of, or injury to the personal property of the guests caused by th
e servants or employees of the keepers of hotels or inns as well as strangers; b
ut not that which may proceed from any force majeure. The fact that travellers a
re constrained to rely on the vigilance of the keeper of the hotels or inns shal
l be considered in determining the degree of care required of him. (1784a)
Art. 2001. The act of a thief or robber, who has entered the hotel is not deemed
force majeure, unless it is done with the use of arms or through an irresistibl
e force. (n)
Art. 2002. The hotel-keeper is not liable for compensation if the loss is due to
the acts of the guest, his family, servants or visitors, or if the loss arises
from the character of the things brought into the hotel. (n)
Art. 2003. The hotel-keeper cannot free himself from responsibility by posting n
otices to the effect that he is not liable for the articles brought by the guest
. Any stipulation between the hotel-keeper and the guest whereby the responsibil
ity of the former as set forth in articles 1998 to 2001 is suppressed or diminis
hed shall be void. (n)
Art. 2004. The hotel-keeper has a right to retain the things brought into the ho
tel by the guest, as a security for credits on account of lodging, and supplies
usually furnished to hotel guests. (n)
CHAPTER 4
SEQUESTRATION OR JUDICIAL DEPOSIT
Art. 2005. A judicial deposit or sequestration takes place when an attachment or
seizure of property in litigation is ordered. (1785)
Art. 2006. Movable as well as immovable property may be the object of sequestrat
ion. (1786)
Art. 2007. The depositary of property or objects sequestrated cannot be relieved
of his responsibility until the controversy which gave rise thereto has come to
an end, unless the court so orders. (1787a)
Art. 2008. The depositary of property sequestrated is bound to comply, with resp
ect to the same, with all the obligations of a good father of a family. (1788)
Art. 2009. As to matters not provided for in this Code, judicial sequestration s
hall be governed by the Rules of Court. (1789)
Title XIII. - ALEATORY CONTRACTS
GENERAL PROVISIONS
Art. 2010. By an aleatory contract, one of the parties or both reciprocally bind
themselves to give or to do something in consideration of what the other shall
give or do upon the happening of an event which is uncertain, or which is to occ
ur at an indeterminate time. (1790)
CHAPTER 1
INSURANCE
Art. 2011. The contract of insurance is governed by special laws. Matters not ex
pressly provided for in such special laws shall be regulated by this Code. (n)
Art. 2012. Any person who is forbidden from receiving any donation under Article
739 cannot be named beneficiary of a life insurance policy by the person who ca
nnot make any donation to him, according to said article. (n)
CHAPTER 2
GAMBLING
Art. 2013. A game of chance is that which depends more on chance or hazard than
or skill or ability. For the purposes of the following articles, in case of doub
t a game is deemed to be one of chance. (n)
Art. 9