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 resume only 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 for 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 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 appeal and a motion of NT/ reconsideration
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 jurisdiction and 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 j udgment 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.