CHAPTER IX – POST JUDGMENT A MR of a judgment is prohibited motion in a case

REMEDIES that falls under Sec 2, Rule II of the Rules on

Expedited Procedures in the First Level Courts.

I. REMEDIES BEFORE A JUDGMENT Motion for reconsideration in petitions for

BECOMES FINAL AND EXECUTORY writ of amparo and habeas data
Post judgment remedies available to the The MR that is prohibited is one that is directed
aggrieved party afainst an interlocutory order or interim relief
1. Before a judgment becomes final and order. The rule does not proscribe the filing of a
executor, the aggrieved or losing party MR of the final judgment or order that grants or
may avail of the ff remedies: denies a writ of amparo/habeas data.
a. Motion for reconsideration
b. Motion for new trial Motion for reconsideration in environmental
c. Appeal cases
2. After the judgment becomes final and A motion for reconsideration is allowed.
executor, the losing party may avail of the
ff: When to file
a. Petition for relief from judgment 1. A MR of a judgment of final order is filed within
b. Action to annul a judgment the period for taking an appeal. No motion for
c. Petition for certiorari extension of time to file a MR shall be allowed.
d. Collateral attack of a judgment 2. The period for appeal depends on whether the
e. appeal is by mere notice of appeal or record on
When does a judgment becomes final and appeal. Where the appeal is one made by notice
executory? of appeal, the period for appeal is within 15 days
1. Upon the expiration of the period to after notice to the appellant of the judgment or
appeal from a judgment or order that final order appealed from. Where a record on
finally disposes of the action or appeal is required, the period is within 30 days
proceeding, if no appeal has been from notice of the judgment or final order.
perfected. 3. The periods begin to run upon receipt of the
2. After an appeal taken from the judgment notice of the decision or final order appealed from
or order has been finally resolved. by the counsel of record. Service of judgment on
the party is not considered the official notice and
A. MOTION FOR RECONSIDERATION receipt of the judgment.
Object of the motion
The MR is one that is directed against a judgment Effect of the filing of a motion on the period
or final order. to appeal
An order or judgment of the RTC is deemed final The timely filing of a MR interrupts the period of
when it finally disposes of a pending action. appeal.
An order which does not dispose of the case
completely and indicates that other things remain Grounds for a motion for reconsideration;
to be done by the court as regards the merits is what to allege
interlocutory. 1. The MR must be in writing and may be
anchored on any of the ff grounds:
Motion for reconsideration in cases covered 1. That the damages awarded are excessive;
by summary procedure 2. That the evidence is insufficient to justify the
A MR of a judgment is prohibited motion in a case decision or final order;
that falls under the Rules on Expedited 3. That the decision or final order is contrary to
Procedures in the First Level Courts. The motion law
is also prohibited in actions for unlawful detainer It is necessary for the MR to specifically point out
and forcible entry, such actions being governed the findings or conclusions of the judgment or
by Rules on Summary Procedure. final order which are not supported by law or
contrary to law.
Motion for reconsideration in small claims
cases
Pro forma motion The period of appeal by the clear tenor of Rule 39
1. A pro forma motion is one which does not is applicable in “all cases” hence, covers criminal
satisfy the requirements of the rules and will be cases as well.
treated as a motion intended to delay the
proceedings. Order of denial, not applicable
2. A MR is deemed pro forma if the same does not The Fresh Period rule dones not refer to the
specify the findings or conclusions of the period within which to appeal from the order but
judgment which are not supported by evidence or to appeal from the judgment itself. An order
contrary to law. denying the MR is not appealable.

Resolution of the motion Effect of granting a MR

The motion shall be resolved within 30 days from If the court grants the MR, it may amend such
the time it is submitted for resolution. judgment or final order accordingly.
The amended judgment is in the nature of a new
Remedy against the order denying a motion judgment which supersedes the original
for reconsideration judgment.
1. If the motion is denied, the movant may appeal
from the judgment or final order, not to appeal Partial reconsideration
from the order denying the MR. The order may grant a reconsideration as to such
2. Orders denying MRs are not always issues if severable without interfering with the
interlocutory orders. A MR may be considered as judgment or final order upon the rest.
a final decision, subject to an appeal, if it puts an
end to a particular matter, leaving the court with The Single Motion rule
nothing else to do but execute the decision. 1. A party shall not be allowed to file a second MR
of a judgment or final order.
Remedy when motion is denied
1. The remedy is to appeal from the judgment or Motion for reconsideration in appealed
final order itself subject of the MR. cases; stay of execution
2. Effective December 2007, it is submitted that 1. A party may file a MR of a judgment or final
the order denying a MR is no longer assailable by resolution within 15 days from notice thereof with
certiorari because of the amendment to Rule 41 proof of service on the adverse party.
by AM No. 07-7-12-SC. 2. The pendency of the MR will stay the execution
of the judgment or final resolution sought to be
The Fresh Period rule; Neypes rule reconsidered provided the motion is filed (a) on
1. The Fresh Period rule provides that the movant time and (b) by the proper party.
has a fresh period of 15 days from receipt or
notice of the order denying or dismissing the MR B. MOTION FOR NEW TRIAL
within which to file a notice of appeal. Nature of a new trial
2. This applies not only to Rule 41 governing A new trial is a remedy that seeks to temper the
appeals from the RTC but also to Rule 40 severity of a judgment to prevent a failure of
governing appeals from MTC to the RTC, Rule 42 justice.
on petitions for review from the RTC to the CA,
Rule 43 on appeals from quasi-judicial agencies Motion for new trial in cases covered by
to the CA and Rule 45 governing appeals by summary procedure
certiorari to the SC. A MNT is a prohibited motion in a case that falls
under the Rules on Expedited Procedures in the
The Neypes rule has no application to non- First Level Courts.
judicial proceedings
The rule covers only judicial proceedings and Motion for new trial in small claims cases
does not apply to administrative appeals. A MNT is a prohibited motion

Application of the Neypes rule to criminal Motion for new trial in environmental cases
cases
A MNT is allowed in highly meritorious cases or to Affidavit of merit
prevent a manifest miscarriage of justice The moving party must show that he has a
meritorious defense.
When to file An affidavit of merit is required in a MNT founded
1. A MNT is filed within the period for taking an on fraud, accident, mistake, or excusable
appeal. No motion for extension of time to file a negligence.
MNT shall be allowed.
2. The period for appeal depends on whether the Newly-discovered evidence; requisites
appeal is by mere notice of appeal or record on It must be shown:
appeal. Where the appeal is one made by notice 1. That the evidence was discovered after the
of appeal, the period for appeal is within 15 days trial
after notice to the appellant of the judgment or 2. That such evidence could not have been
final order appealed from. Where a record on discovered and produced at the trial even with
appeal is required, the period is within 30 days the exercise of reasonable diligence
from notice of the judgment or final order. 3. That it is material, not merely cumulative,
3. A record on appeal shall be required only in (a) corroborative, or impeaching
special proceedings and (b) other cases of 4. The evidence is of such weight that it would
multiple or separate appeals. probably change the judgment, if admitted

Effect of the filing of the motion on the Gross negligence of counsel is not a ground
period to appeal for new trial
The timely filing of a MNT interrupts the period of The Court cannot declare his counsel’s
appeal. negligence so as to liberate him from the effects
of his failure to present countervailing evidence.
Form of a motion for new trial
The MNT shall be made in writing, stating the Resolution of the motion
ground/s therefore, a written notice of which shall The motion shall be resolved within 30 days from
be served by the movant on the adverse party. the time it is submitted for resolution.

Grounds for a motion for new trial Denial of the motion; the Fresh Period Rule
The aggrieved party may move the trial court to If the MNT is denied, the movant has a fresh
set aside the judgment or final order and grant a period of 15 days from the receipt or notice of the
new trial based on: order denying the MNT because the order is not
A. Fraud, accident, mistake, or excusable appealable under Sec. 9 of Rule 37.
negligence which ordinary prudence could not
have guarded against, and by reason of which Remedy when motion is denied
such aggrieved party has probably been impaired Effective December 27, 2007, an order denying a
in his rights; or MNT is no longer assailable by certiorari because
B. Newly-discovered evidence which he could not of the amendment to Rule 41 by AM No. 07-7-12-
with reasonable diligence have discovered and SC.
produced at the trial and which if presented
would probably alter the result Effect of granting the motion for new trial
2. If based on the ground (b), it shall be The original judgment or final order shall be
supported by affidavits of the witnesses by whom vacated, and the action shall stand for trial de
such evidence is expected to be given or by duly novo. The recorded evidence taken upon the
authenticated documents which are proposed to former trial shall be used at the new trial without
be introduced in evidence. retaking the same if the evidence is material and
competent.
Non-compliance with this requirement
would reduce the motion to a mere pro Partial new trial
forma motion 1. The court may grant a new trial as to such
A pro forma MNT shall not toll the reglementary issues if severable without interfering with the
period of appeal. judgment or final order upon the rest.
Second motion for new trial 1. A petition for relief may be filed on the ff
A second MNT is authorized by the Rules. A MNT grounds:
shall include all grounds then available. Those not a. When the judgment or final order is entered
so included are deemed waived. However, then a
ground was not existing when the first motion C. CERTIORARI (RULE 65)
was made, a second motion may be filed within Nature of the remedy
the period but excluding the time during which 1. A petition for certiorari is an original and
the first motion had been pending. independent action and is not part of the
proceedings that resulted in the order assailed.
New trial in appealed cases The petition shall not interrupt the course of the
1. At any time after the appeal from the lower principal case, unless a TRO or WPI has been
court has been perfected and before the CA loses issued. Unlike an appeal, the pending petition for
jurisdiction over the case, a party may file a MNT certiorari does not stay the judgment or order
on the ground of newly-discovered evidence. that it assails.
2. A new trial does not apply to the SC, but 2. Being an original action, there is a need for the
applies to the CA. court in which the petition is filed to acquire
jurisdiction over the respondent. This is acquired
II. REMEDIES AFTER A JUDGMENT by the service on him of the order or resolution of
HAS BECOME FINAL AND EXECUTORY the court or by his volunraty submission to such
1. The Rules provide the ff remedies for jurisdiction.
aggrieved parties against a judgment that is 3. The purpose of certiorari is to correct errors of
already final and executory: jurisdiction only or grave abuse of jurisdiction
a. Petition for relief from judgment under Rule 38 amounting to lack or excess of jurisdiction.
b. Petition for annulment of judgment under Rule 4. A special civil action for certiorari is an
47 extraordinary remedy that is allowed only and
2. In addition, jurisprudence has recognized an restrictively. The remedy may be used only when
additional relief through (a) direct action for there is no more appeal or any other plain,
certiorari under Rule 65 and (b) collateral attack speedy, and adequate remedy in the ordinary
of a judgment that is void on its face course of law.
5. Grave abuse of discretion connotes a
A. PETITION FOR RELIEF FROM capricious and whimsical exercise of judgment
done in a despotic manner by reason of passion
JUDGMENTS ORDERS OR OTHER
or hostility, th character f which being so patent
PROCEEDINGS (RULE 38)
and gross as to amount to an evasion of positive
duty or to a virtual refusal to perform the duty
Nature of the petition
enjoined by or to act in all contemplation of law.
1. Relief from judgment is a remedy provide by
6. Rule 65 requires a petition for certiorari to
law to any person against whom a decision or
comply with the ff basic requisites:
order is entered through fraud, accident, mistake,
a. The petition is directed against a tribunal,
or excusable negligence. This remedy is equitable
board, or officer exercising judicial or quasi-
in character, allowed only in exceptional cases
judicial functions;
where there is no other available or adequate
b. Such tribunal, board, or officer has acted
remedy provided by law or by the rules.
without or in excess of jurisdiction, or grave
2. When a party has another remedy available to
abuse of discretion amounting to lack or excess
him, which may be either a MNT or appeal, and
jurisdiction; and
he was not prevented by fraud, accident,
c. There is no appeal, or any plain, speedy, or
mistake, or excusable negligence from filing or
adequate remedy in the ordinary course of law.
taking such appeal, he cannot avail himself of a
petition for relief.
Certiorari under Rule 65 is not an appeal
3. A party who filed a MNT, but which was denied,
A petition for certiorari under Rule 65 is an
cannot file a petition.
original action, unlike the certiorari in Rule 45
which is a mode of appeal.
Grounds for a petition for relief; proper
court
The judgment in the petition for certiorari is h. Where the proceedings conducted were ex
correctible by an appeal, not by another petition parte or in which the petitioner had no
for certiorari. opportunity to object;
In an appeal, the appellate court reviews errors of i. Where the issue raised is one purely of law or
judgment (one of fact, of law, or both). In a public interest is involved.
petition for certiorari, the reviewing court has
jurisdiction only over errors of jurisdiction. Material Data (Date) Rule
There are three material dates that must be
Judicial discretion stated in the petition for certiorari brought under
1. A writ of certiorari is an extraordinary Rule 65:
prerogative writ that is never demandable as a 1. The date when notice of the judgment/final
matter of right. order was received;
2. The court may dismiss the petition when: 2. The date when a MNT or MR was filed;
a. There is no showing of grave abuse of 3. The date when the denial thereof was received.
discretion by any court, agency, or branch of the
government; or Certification against forum shopping
b. There are procedural errors. Rule 65 also requires the pleader to submit a
certification against forum shopping
Motion for reconsideration
1. The general rule is that before filing a petition Jurisdiction; observance of hierarchy of
for certiorari under Rule 65. The petitioner is courts
mandated to comply with a condition precedent: 1. If the petition for certiorari relates to an
the filing of a MR of the assailed order, and the act/omission of a MTC, a board, officer, or a
subsequent denial thereof by the court a quo. person, it shall be filed with the RTC exercising
2. A MR is an indispensable condition before an jurisdiction over the territorial area. It may also
aggrieved party can resort to a civil action for be filed with the CA or SAndiganbayan, whether
certiorari. The rationale for the rule is that the law or not the same is in aid of the court’s appellate
intends to afford a lower tribunal to rectify such jurisdiction.
errors or mistakes it may have committed before
resort to courts of justice can be had. If the petition involves an act/omission of a quasi-
judicial agency, the petition shall be filed with
Exceptions to the rule requiring a motion and cognizable only by the CA.
for reconsideration In election cases involving the act/omission of a
The rule is subject to the ff exceptions: MTC or RTC, the petition shall be filed exclusively
a. Where the order is a patent nullity, as where with the COMELEC in aid of its appellate
the court a quo has no jurisdiction; jurisdiction.
b. Where the questions raised in the certiorari 2. The proper hierarchy of courts must be
proceeding have been duly raised and passed observed. Litigants are advised against taking
upon by the lower court or are the same as those direct course to the Supreme Court without
raised and passed upon in the lower court; initially seeking proper relief from the lower
c. Where there is an urgent necessity for the courts.
resolution of the question and any further delay
would prejudice the interests of the Government Certiorari does not interrupt the principal
or of the petitioner or the subject matter of the case
action is perishable; 1. If said petition is filed against a court, the
d. Where, under the circumstances, a MR would proceedings in that court have to proceed.
be useless; 2. The respondent court has the duty to proceed
e. Where the petitioner was deprived of due with the principal case within 10 days from the
process and there is extreme urgency for relief; filing of the petition with a higher court/tribunal.
f. Where, in a criminal case, relief from an order
of arrest is urgent and the granting of such relief Remedy in order to interrupt the course of
by the trial court is improbable; the principal case
g. Where the proceedings in the lower court are a The petitioner should secure a TRO or a WPI
nullity for lack of due process; enjoining the public respondent from proceeding
with the case and for the preservation of the
rights of the parties pending such proceedings.

Certiorari under the Constitution and the

Rules of Court; the expanded concepts of
certiorari and prohibition in relation to the
power of judicial review
1. Rule 65 states that petitions for certiorari and
prohibition may be invoked only against tribunals,
corporations, boards, officers, or persons
exercising judicial and quasi-judicial, or
ministerial functions and not against those
exercising legislative or quasi-legislative
functions.
Pronouncements of the Court have clarified that a
petition for certiorari could be invoked against
respondents the functions of which are neither
judicial nor quasi-judicial. Such pronouncements
have broadened the purpose of a petition for
certiorari to include raising constitutional issued
and reviewing the acts of legislative and
executive officials.

When a petition for declaratory relief is

proper and not a petition for certiorari
The Court ruled that when the petition assails the
validity of issuance of a department of the
government, a petition for declaratory relief is the
correct remedy.
D. COLLATERAL ATTACK OF JUDGMENT
Distinction between a direct attack from a
collateral attack
A direct attack of a judgment is made through an
action or proceeding, the main object of which is
to annul, set aside, or enjoin the enforcement of
such judgment, if not yet carried into effect; or if
the property has been disposed of, the aggrieved
party may sue for recovery.
A collateral attack is made when, in another
action to obtain a different relieg, an attack on
the judgment is made as an incident in said
action.
This is proper only when the judgment, on its
face, is null and void, as where it is patent on the
court, which rendered said judgment, had no
jurisdiction.