RULES ON THE RECEIPT OF A JUDGMENT

A. RULE 52 (MOTION FOR RECONSIDERATION in (CA)),

Sec. 1 Period for Filing:
A party may file a motion for reconsideration of a judgment or
final resolution with 15 days from the notice thereof; with proof
of service on the adverse party.

EXPLANATION:
This section refers to the Motion for Reconsideration filed
with the Court of Appeals (CA) after a judgment or final
resolution has been rendered.
This section covers who may file a motion for reconsideration
to which allows any party (whether the plaintiff or defendant)
who is dissatisfied with a judgment or final resolution rendered
by the CA and the motion must be filed within 15 days from
the receipt of the notice of the judgment or final resolution
which is the period for filing a motion for reconsideration.
In addition, the party files the motion for reconsideration, must
also submit proof that the motion has been served on the
adverse party (the opposing party in the case).

The proof of service typically includes an affidavit or other

document showing the date and method of service (such as
personal delivery, registered mail, etc.). The party filing the
motion must prove that the opposing party was served with a
copy of the motion.

Failure of the party to timely file a MR loses their chance to file

a motion and the judgment becomes final and executory.

Remedy is to appeal or petition for certiorari

NOTE: No motion for extension in MR of final

judgment/final resolution of the same party shall be
entertained (sec 2)
 MR should be resolve in 90 days from the date when
the court declares it submitted for resolution. (Sec 3)

B. RULE 37 (NEW TRIAL OR RECONSIDERATION), Sec 1

Grounds of and period for FILING MOTION OF NEW
TRIAL OR RECONSIDERATION
Within the period for taking an appeal the aggrieved party may
move the trial court to set aside the judgment or final order and
grant a new trial for one or more of the following cases:
(a) Fraud, accident, mistake or excusable negligence which
ordinary prudence could have not guarded against and
by reason of which such aggrieved party has probably
been impaired in his rights; or
(b) Newly discovered evidence, which he could not, with
reasonable diligence, have discovered and produced at
the trial, and which if presented would probably alter the
result.
Within the same period, the aggrieved party may also move
for reconsideration upon the grounds that damages awarded
are excessive, that the evidence is insufficient to justify the
decision or final order, or that the decision or final order is
contrary to law.

EXPLANATION:
Under this section the party who may file MNT/MR is the
aggrieved party, who is dissatisfied with the judgment or final
order.
The said party may ask the court for new trial on the grounds
mentioned in letter a, if these circumstances occurred outside
their control and which could not have prevented despite
exercising ordinary care or diligence, the aggrieved party may
be allowed to challenge the judgment, if these factors must have
caused a probable impairment of their legal rights to present a
proper case.
a.
 FRAUD- if the judgment was affected by deceit or false
information that misled the trial.
ACCIDENT- if a party missed a hearing because of an
accidents
MISTAKE- if there was a mistake made by a party, counsel or
the court that significantly impacted the outcome of the case.
EXCUSABLE NEGLIGENCE- if the party failed to act properly
on time due to circumstances that is beyond their control such
as the counsel didn’t file an important document due to an
emergency or unforeseen event.
b.
NEWLY DISCOVERED EVIDENCE – it explains that
the evidence that was not available or discoverable during the
original trial despite the aggrieved party's reasonable
diligence in gathering evidence. If this newly discovered
evidence is so important that it likely change the outcome of
the case.
The aggrieved party has the right to file a motion for
reconsideration of a decision or final order within the same
period as the motion for NT. This can be done on grounds that
the awarded damages are excessive, the evidence is inadequate
to support the decision or the decision goes against the law.

NOTE: MR is prohibited in ejectment cases (UD &FE),

small claims, summary procedure, writ of amparo and
habeas data.

C. RULE 40, (APPEAL FROM MTC TO RTC) Sec. 2 When to

Appeal
An appeal may be taken with 15 days after notice to the
appellant of the judgment or final order appealed from. When a
record on appeal is required, the appellant shall file a notice of
appeal (from the MTC) and a record on appeal within 30 days
after notice of the judgment/final order.
 The period of appeal shall be interrupted by a timely motion for
new trial or reconsideration. No motion for extension of time to
file a motion for new trial/reconsideration shall be allowed.

EXPLANATION:
This section outlines the time and procedure for appealing
judgments or final orders from the MTC to the RTC, as well as
the effect of filing motions for NT or reconsideration.
An appeal from the judgment/final order of the MTC to the RTC
may be taken w/in 15 days after notice of the judgment/final
order has been received by the appellant. If a record on appeal is
required, the appellant must file both notice of appeal and record
on appeal in the MTC within 30 days after the notice of
judgment/final order is received.
If an MNT/MR is filed within the period of appeal, it interrupts
the period of filing the appeal, which means the 15-day period is
suspended while MNT/MR is pending, it will only resume after
the motion is resolved. The period of appeal will resumeonly to
the remaining days when it was interrupted. (Neypes Rule is not
applicable)
Under this section also, prohibits a motion for extension of time
for the motion of NT or reconsideration.

NOTE: A judgment becomes executory upon the expiration

of the period to appeal from a judgment/order that finally
disposes of the action of the proceeding, if no appeal has
been duly perfected. It also become executory after an
appeal taken from judgment/order has been finally resolved.

D. RULE 41 (APPEAL FROM THE RTC Original Jurisdiction)

Sec. 3 Period of Ordinary Appeal
1. (No record) The appeal shall be taken within 15 days from
notice of the judgment from the notice of the judgment/final
order appealed from. Where a record on appeal is required,
the appellants shall file a notice of appeal and 2. (With
record) a record on appeal within 30 days from notice of the
judgment/final order. However, an appeal in Habeas
 Corpus cases shall be taken within 48 hours from the notice
of judgment/final order appealed from.
The period of appeal shall be interrupted by a timely motion
from new trial or reconsideration. No motion for extension of
time to file a motion for new trial/reconsideration shall be
allowed.

EXPLANATION:

This Rule deals with the period for filing an ordinary

appeal from the Regional Trial Court (RTC) to the Court of
Appeals (CA) in cases where the RTC acts in its original
jurisdiction. It explains the process for filing an ordinary
appeal from the RTC to the CA and includes the15 days to
appeal if no record on appeal is needed; 30 days to appeal if a
record on appeal is required. It also explain that the filing of
a motion for new trial or reconsideration interrupts the
period for filing the appeal, and the appeal period resume once
the motion is resolved. Lastly it also prohibits motion of
extensions of time forr filing motions of NT/ reconsiderations.

E. RULE 36 (JUDGMENTS, FINAL ORDERS AND ENTRY

THEREOF) Sec. 2 Entry of Judgments and final orders
(where no MR, MNT or appeal made w/in the required period of
time)
If no appeal/motion for new trial/reconsideration is filed within
the time provided in these rules (15 days), the judgment/final
order shall forthwith be entered by the clerk of court in the book
of entries of judgments. The date of finality of the
judgments/final order shall be deemed to be the date of entry.
The record shall contain the dispositive part of the
judgment/final order and shall be signed by the clerk, with a
certificate that such judgment/final order has become final and
executory.
EXPLANATION:

This section outlines the process of when and how a judgment

or final order is entered in the book of entries of judgments by
the clerk of court. It stated that when no appeal or motion for
new trial reconsideration has been submitted the entry of the
judgement or final order shall proceed, and shall be u dertaken
through the Clerkof Court. The date of finality is when it is
officially recorded in the court. The entry must also contain
the dispositive part of the decision or the part where it contains
the final orders or conclusions such as relief granted action to
be taken. Thereafter, it shall be signed by the clerk and certifies
that the judgment is final and executory.
The judgment becomes final and executory when the appeal
period has expired, and no appeal has been perfected, or when
the appeal has been resolved.

NOTE: JUDGMENT SIN PERJUICIO – brief judgment

containing the dispositive potion only. It is not an actual final
decision.
IMMUTABILITY OF JUDGMENT – It is the
fundamental principle of judgment that once become final and
executory it become unalterable, meaning it may no longer be
modified.
MEMORANDUM DECISION – is one rendered by an
appellate court and incorporates by reference of the finding of
facts and conclusions of law, contained in the decision/order
under review.
RENDITION OF JUDGMENT – is the filing of the
same with the clerk of court.
INTERLOCUTORY ORDERS – means it does not
finally dispose of the case. EX. Oder denying motion to
dismiss/order granting a motion to admit an amended
complaint/order denying or granting bail. (TEMPORARY
RULINH DURING THE CASE, NOT FINAL)
 RULE: Interlocutory orders are no immediately
appealable. REMEDY is to wait for the final judgment, and file
a Petition for Certiorari under RULE 65 a Special Civil action,
when there is a grave abuse of discretion, unless there is an
exceptional circumstance.
FINAL DECISION - a court ruling the completely
disposes of the case, leaving nothing more to the court to do
except to execute the judgment. It means that it already resolves
the right and obligations of the parties with finality at the trial
court level. (RESOLVES THE CASE COMPLETELY)
FINAL AND EXECUTORY DECISION - a decision
becomes final and executory when:
1. No appeal is filed within the reglementary period of 15
days;
2. The period for reconsideration or appeal has lapsed; and
3. The highest appellate court has issued a ruling and no
further remedies are available.
(ALREADY FINAL, NO MORE APPEALS/REMEDIES
ALLOWED, AND ENFORCEABLE.

F. RULE 51 (JUDGMENT), Sec. 10 Entry of judgments and

final resolutions (where no MR, MNT or Appeal made within
the required period.
If no appeal or motion for new 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 book of
entries of judgments. The date when the judgment or final
resolution becomes executory shall be deemed as the date of
entry. The record shall contain the dispositive part of the
judgment or final resolutions and shall be signed by the clerk,
with a certificate that such judgment or final resolution has
become final and executory.

EXPLANATION:
This section of Rule 52 is similar to the prior rule that I
discussed, both provisions deal with the entry of judgments.
The previous provision is the guideline that governs the Trial
 Court such MTC and RTC, WHILE this governs the appelate
courts. Another difference of the two rules is that when the
judgment becomes final and executory, the same court
executes its judgments while in the appellate level, the records
need to sent back to the court of origin for the execution.

This rule outlines the procedure for the entry of

judgments and final resolutions when no motion for
reconsideration or motion for new trial has been filed, and
no appeal has been made within the prescribed time period.
This section explain the effect of the failure to timely file an
appel and a motion of NT/ recosideration within the prescribed
period (15 days), the clerk of court will enter the judgment or
final resolution in the book of entries of judgments. In
addition to that the date of finality is when it is officially
recorded in the court. The entry contains the dispositive part of
the decision, and the clerk of court signs and certifies that the
judgment is final and executory.

G. RULE 42 (PETITION FOR REVIEW FROM THE RTC

TO THE CA), Sec. 1 How appeal taken; time for filing.
(Time to make an Appeal from the decision of the RTC
rendered in the exercise of its appellate jurisdiction may file a
verified petition for review with the CA)
A party desiring to appeal from the RTC rendered in the
exercise of its appellate jurisdiction may (1) file a verified
petition for review with the CA, (2) paying at the same time to
the clerk of the said court (CA) the corresponding docket and
other lawful fees, (3) depositing the amount of P500.00 for
costs, (4) furnishing the RTC and the adverse party with a copy
of the petition. The petition shall be filed within 15 days from
the notice of the decision sought to be reviewed or of the denial
of petitioner’s motion for new trial or reconsideration filed in
due time after judgment. Upon proper motion and the payment
of the full amount of the docket and other lawful fees and the
deposit for costs before the expiration of the reglementary
 period, the CA may grant additional o period of 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 15 days.
EXPLANATION:
This section of Rule 42 governs the petition for review in
cases where a party seeks to appeal the decision of the Regional
Trial Court (RTC)rendered in the exercise of its appellate
jurisdictionand set forth the procedure for filing the petition
for review before the Court of Appeals (CA).
In this provision, it requires that the petition must be verified(
it must sworn under oath) and must filed within 15 days from
the notice of the judgment or the denial of the motion for
reconsideration or new trial.
It also requires the petitioner must pay the required fees
and serve the petition to the RTC and the adverse party.

In addition it allows a motion for extension of a 15-day

period to file the petition if a proper motion is filed within the
original period. No further extensions are allowed unless under
exceptional circumstances.

NOTE: Motion for extension of time must be filed before the

expiration of the original period of 15 days.
SC clarified that the prohibition against an extension
of time applies only where the ordinary appeal is perfected
by a mere notice of appeal. The prohibition does not apply in
petition for review where the pleadings need verification.
Unlike in an ordinary appeal, PFR requires preparation and
research to present a persuasive position.

H. RULE 68 (FORECLOSURE OF REAL ESTATE

MORTGAGE), Sec. 2 Judgment on foreclosure for payment
or sale. (Deficiency Judgment on Judicial Foreclosure after a
deficit of the claim of the mortgagee-obligee in the sale of the
real estate mortgage)
If upon the trial in such action the court shall find the facts set
forth in the complaint to be true, it shall ascertain the amount
due to the plaintiff upon the mortgage debt or obligation,
including interest and other charges as approved by the court,
and costs, and shall render judgment for the sum so found due
and order that the same be paid to the court or to the judgment
obligee within a period not less than 90 days nor more than 120
days (period to pay debt) from the entry of judgment, and that in
default of such payment the property shall be sold at public
auction to satisfy the judgment.

EXPLANATION:
This rule deals with foreclosure of real estate mortgages.
Specifically, this section addresses the procedure for
the judgment on foreclosure of a mortgage and the period
given to the mortgagor (borrower) to settle the deficiency, as
well as the subsequent sale of the mortgaged property in case of
non-payment.

IF the trial found that the mortgage is valid and the debt is due
the court will render judgment and will determine the amount
due on the mortgage, including interest and costs
After the judgment debtor is required to pay the full debt and
avoid foreclosure within 90 to 120 days or the mortgagor
right of equity of redemption, from the entry of judgment.
Otherwise, the mortgaged property will be sold at public
auction to satisfy the judgment.
right of equity redemption is the right to reclaim the property
by paying the debt in full to avoid the mortgaged property to be
sold or auctioned.

NOTE: upon the finality of the judgment (entry of

judgment) the defendant can exercise his right to equity of
redemption within a period of not less than 90 days / not
more than 120 days from the entry of judgment.