RULE 40 Where a Record on Appeal is required the appellant shall file a notice

of appeal and a record on appeal within 30 days after notice of the

APPEALS FROM MUNICIPAL TRIAL COURTS TO judgment or final order.
REGIONAL TRIAL COURTS
GR: Period file a notice of appeal is non-extendible;
XPN: If the appeal required the filing of a record on appeal, a motion
SECTION 1: WHERE TO APPEAL for extension to submit record on appeal is allowed. The motion for
An appeal from a judgment or final order of a MTC may be taken extension must be filed within the 30-day period within which the
to the RTC exercising jurisdiction over the area to which the record on appeal should be filed
former pertains.
GR: Judgements of the MTC are appealable to the RTC SECTION 3: HOW TO APPEAL
XPN: When the MTC renders a judgment in the exercise of its The appeal is taken by filing a NOTICE OF APPEAL with the
delegated jurisdiction, its decision shall be appealable in the same
court that rendered the judgment or final order appealed from.
manner as decisions of the RTC (appeal to CA).
A RECORD ON APPEAL shall be required only in special
Ex: Cadastral and land registration cases where there is no controversy
proceedings and in other cases of multiple or separate appeals.
or opposition or contested lots where the value of which does not
exceed P100,000 How to Appeal?
NOTE: The Rules on Summary Procedure no longer applies when a. By Notice of Appeal
the case is on appeal. When a complaint for Unlawful Detainer (UD) 1. File a notice of appeal with the trial court that rendered the
is appealed to the RTC, a judgement affirming or setting aside the judgement or final order appealed from;
judgement of the MTC may be subject of an MR because said motion 2. A copy served on the adverse party;
is no longer a prohibited pleading before the RTC which follows the 3. Payment in full of docket fees and other lawful fees;
rule on ordinary civil procedure for appeals taken to it. 4. The notice of appeal must indicate:
i. Name of parties;
ii. Judgement or final order appealed from;
SECTION 2: WHEN TO APPEAL iii. Material date showing timeliness of appeal (MATERIAL
DATE RULE)
An appeal may be taken within 15 days after notice to the b. By Record on Appeal - it is required in the ff cases:
appellant of the judgment or final order appealed from. 1. In special proceedings and in other cases of multiple or separate
appeals
2. In an order of expropriation in eminent domain;
 3. In a judgement for recovery of property or partition with i. Issue protective orders;
accounting ii. Approve compromises;
4. In a foreclosure of mortgage iii. Permit appeals of indigent litigants;
5. In a judgement for or against one or more several defendants, iv. Order execution pending appeal; and
leaving the action to proceed against the others v. Allow the withdrawal of the appeal.
NOTE: The rationale behind allowing more than one appeal in the
same case is to enable the rest of the case to proceed in the event that
a separate and distinct issue is resolved by the court and held to be SECTION 5: APPELLATE COURT DOCKET AND OTHER
final. LAWFUL FEES
Within the period for taking an appeal, the appellant shall pay to
the clerk of the court which rendered the judgment or final order
SECTION 4: PERFECTION OF APPEAL; EFFECT THEREOF appealed from the full amount of the appellate court docket and
other lawful fees.
The perfection of the appeal and the effect thereof shall be
governed by the provisions of Section 9, Rule 41. Proof of payment thereof shall be transmitted to the appellate
court together with the original record or the record on appeal, as the
a. By Notice of Appeal – deemed perfected upon the filing of the case may be.
notice of appeal;
- Notice of appeal does not require the approval of the court. Its
function is merely to notify the trial court that the appellant
SECTION 6: DUTY OF THE CLERK OF COURT
was availing of the right to appeal, and not to seek the court’s
permission that he be allowed to pose an appeal. The trial Within 15 days from the perfection of the appeal, the clerk of
court’s only duty is to transmit the original record of the case court or the branch clerk of court of the lower court shall transmit the
to the appellate court. original record or the record on appeal, together with the transcripts
b. By Record on Appeal – deemed perfected as to him with respect and exhibits, which he shall certify as complete, to the proper RTC.
to the subject matter thereof upon the approval of the record on
appeal filed in due time.
GR: After perfection of appeal to the RTC, the MTC loses its SECTION 7: PROCEDURE IN THE REGIONAL TRIAL COURT
jurisdiction over the case and any motion or execution of the a. Upon receipt of the complete record or the record on appeal, the
judgement should be filed with the RTC. clerk of court of the RTC shall notify the parties of such fact.
XPN: After perfection of appeal or approval of the record on appeal b. Within 15 days from such notice, it shall be the duty of the
but before the transmittal of the records, the court of origin still retains appellant to submit a memorandum which shall briefly discuss the
its so-called residual jurisdiction to: errors imputed to the lower court, a copy of which shall be
 furnished by him to the adverse party. Within 15 days from receipt No Trial on Merits; Dismissal Affirmed
of the appellant’s memorandum, the appellee may file his
memorandum. Failure of the appellant to file a memorandum In case of affirmance and the ground of dismissal is lack of
jurisdiction (OF THE MTC) over the subject matter, the RTC, if it has
shall be a ground for dismissal of the appeal.
jurisdiction thereover, shall try the case on the merits as if the case
c. Upon the filing of the memorandum of the appellee or the
was originally filed with it.
expiration of the period to do so, the case shall be considered
submitted for decision. The RTC shall decide the case on the basis No Trial on Merits; Dismissal Reversed
of the entire record of the proceedings had in the court of origin
and such memoranda as are filed. In case of reversal, the case shall be remanded for further
proceedings
Trial on the Merits
SUMMARY OF APPEAL FROM MTC TO RTC
If the case was tried on the merits by the lower court without
(1) Appeal decision of MTC by filing notice of appeal and pay the jurisdiction over the subject matter, the RTC on appeal shall not
docket fees within 15 days from receipt of judgement dismiss the case if it has original jurisdiction thereof, but shall decide
(2) 15 days from perfection of appeal, MTC clerk transmits record the case in accordance with the preceding section, without prejudice
to the RTC to the admission of amended pleadings and additional evidence in the
(3) Notice to parties that an appeal is being taken from the decision interest of justice. (Purpose: To Avoid Double Payment of Docket
of MTC
Fees)
(4) Within 15 days from notice  appellant submits memorandum
to the RTC Appellee files his own memorandum 15 days from - When a case is dismissed for lack of jurisdiction, the order of
receipt of appellants’ memorandum dismissal is one without prejudice because the plaintiff may
(5) Upon the filing of the appellee’s memorandum or expiration of refile the complaint with the court with the proper jurisdiction.
the period to do so, the case shall be considered submitted for - It is not appealable. The tenor, however, of Sec. 8 of Rule 40,
decision on the other hand, indicates that the rule allows an appeal from
If uncontested the judgement is Any party may file an MR or an order of the MTC dismissing a case for lack of jurisdiction.
entered in the book of entries appeal by filing a petition for
Section 8 of Rule 40 should be considered as an exception
review with the CA
to Sec. 1 of Rule 41 which precludes an appeal from an
order dismissing an action without prejudice.
SECTION 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 without a trial on the merits, the RTC may affirm or reverse
it, as the case may be.
SECTION 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 serve to
supplement the provisions of this Rule.
- If the provisions of Rule 40 and Rule 41 are in conflict, and
the decision being appealed is rendered by a lower court, Rule
40 shall prevail because it specifically provides for the rules
on appeal from MTC to RTC.

OCA 69-2022: SUMMARY PROCEDURE

Section 1. Ordinary appeal. - Any judgment, final order, or final
resolution in a Summary Procedure case may be appealed to the
appropriate RTC exercising jurisdiction over the territory under Rule
40 for civil cases and Rules 122 for criminal cases, of the Rules of
Court.
The appeal shall be taken by filing a notice of appeal together with
proof of payment of the appeal fees, with the court that rendered the
judgment, order or resolution appealed from within 15 calendar days
from receipt of the same.
Section 2. Remedy from judgment on appeal. - The judgment of the
Regional Trial Court on the appeal shall be final, executory, and
unappealable.
NOTE: SMALL CLAIMS – UNAPPEALABLE.
 RULE 41 of the issue must rest solely on what the law provides on the given set
of circumstances.
APPEAL FROM THE RTC
Question of Fact
Arises when the doubt arises as to the truth or falsity of the alleged
THREE MODES OF APPEAL FROM DECISIONS OF THE facts. When the issue invites a review of the evidence presented, the
RTC: question posed is one of fact.
1. Ordinary Appeal Test to Determine Whether Question of Law or Fact
- Where judgement was rendered in a civil or criminal action
by the RTC in the exercise of its original jurisdiction; Whether the appellate court can determine the issue raised without
- Rule 41; reviewing or evaluating the evidence and would only limit itself to the
- Taken to the CA on questions of fact or mixed questions of inquiry of whether the law was properly applied given the facts and
fact and law. supporting evidence. Such is a question of law. Otherwise, it is a
2. Petition for Review to CA question of fact.
- Where the judgement was rendered by the RTC in the exercise
of its appellate jurisdiction;
- Rule 42; APPEALABLE JUDGMENTS/ORDERS
- Brought to the CA on questions of fact, of law, or mixed
questions of fact and law. SECTION 1: SUBJECT OF APPEAL
3. Petition for Review on Certiorari or Appeal by Certiorari to An appeal may be taken from A JUDGMENT OR FINAL
the SC ORDER THAT COMPLETELY DISPOSES OF THE CASE, or of
- Rule 45 a particular matter therein when declared by these Rules to be
- Brought to the SC from the decision of the RTC in the exercise appealable.
of its original jurisdiction and only on questions of law;
- The appellate jurisdiction of the SC over appeals involving
pure questions of law is restricted to such questions arising in
Remedy if NOT APPEALABLE:
the first instance in the lower courts.
In all the above instances where the judgment or final order is not
appealable, the aggrieved party may file an appropriate special civil
Question of Law
action under RULE 65.
Arises when there is doubt as to what the law is on a certain state
Purpose: To avoid multiplicity of appeals; otherwise, a party would
of facts. It does not involve an examination of the probative value of
be encouraged to interpose numerous appeals even on incidental
the evidence presented by the litigants or any of therm. The resolution
questions. This practice would cause considerable delays in the trial
on the merits of a case aside from the unnecessary expenses that would Wrong Mode of Appeal, Effect
inevitably be incurred by the parties.
These modes of appeal clearly remain distinct procedures which
NOTE: The order denying a motion for new trial or reconsideration cannot, absent any compelling reason therefore, be loosely
has been deleted from the list. Hence, an aggrieved party may no interchanged with one another and the filing of one cannot simply be
longer assail an order denying a motion for new trial or a motion for accorded the same effect as the filing of another  it would be as if no
reconsideration by way of Rule 65. The proper remedy is to appeal appeal has been filed, and the period to file the proper appeal will not
from the judgment. be tolled.
Appeal of judgments in certiorari, prohibition, mandamus, quo
warranto and habeas corpus SECTION 2. Modes of appeal.
SECTION 3: PERIOD OF ORDINARY APPEAL; APPEAL IN
HABEAS CORPUS CASES
SECTION 2: MODES OF APPEAL The appeal shall be taken within 15 days from notice of the
judgment or final order appealed from.
a. Ordinary Appeal - The appeal to the CA in cases decided by the
RTC in the exercise of its original jurisdiction shall be taken by Where a record on appeal is required, the appellant shall file a
filing a notice of appeal with the court which rendered the notice of appeal and a record on appeal within 30 days from notice
judgment or final order appealed from and serving a copy of the judgment or final order.
thereof upon the adverse party. No record on appeal shall be
required except in special proceedings and other cases of multiple However, an appeal in habeas corpus cases shall be taken within
or separate appeals where the law or these Rules so require. In such 48 hours from notice of the judgment or final order appealed
cases, the record on appeal shall be filed and served in like manner. from.

Questions of fact or mixed questions of fact and law. NOTE: Failure to file the notice of appeal or record on appeal within
the prescribed period may be ground for dismissal of the appeal by the
b. Petition for Review - The appeal to the CA in cases decided by the CA on its own motion or on motion of the appellee.
RTC in the exercise of its appellate jurisdiction shall be by
petition for review in accordance with Rule 42.
c. Appeal by Certiorari - In all cases where only questions of law SECTION 4: APPELLATE COURT DOCKET AND OTHER
are raised or involved, the appeal shall be to the SC by petition LAWFUL FEES
for review on certiorari in accordance with Rule 45.
- In the exercise of original jurisdiction of the RTC; Payment of appellate court docket fees is jurisdictional. Failure to
- If an appeal raises pure questions of law, it must be dismissed. do so may be a ground for dismissal of appeal by the CA on its own
motion or on that of the appellee.
SECTION 5: NOTICE OF APPEAL NOTE: Failure of the record on appeal to show on its face that the
appeal was taken within the period fixed by the rules may be a ground
Notice of appeal must specify the following matters (PJCM): for dismissal of the appeal by the CA on its own motion or on motion
a. The Parties to the appeal: of the appellee (ROC, Rule 50, Sec. 7).
b. Judgment or final order or part thereof appealed from: e. If an issue of fact is to be raised on appeal, the record on appeal
c. The Court to which the appeal is being taken; and
shall include by reference all the evidence, testimonial and
d. The Material dates showing the timeliness of the appeal (Material
documentary, taken upon the issue involved.
Data Rule). f. The reference shall specify the documentary evidence by the
Material Data Rule: a legal requirement for appellate court exhibit numbers or letters by which it was identified when admitted
documents to include specific factual data necessary to show that an or offered at the hearing, and the testimonial evidence by the names
appeal was filed correctly and on time, as well as a concise summary of the corresponding witnesses.
of relevant pleadings and evidence. g. 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 the witnesses or the numbers or letters of
SECTION 6: RECORD ON APPEAL; FORM AND CONTENTS exhibits.
THEREOF h. Every record on appeal exceeding 20 pages must contain a subject
index.
Where a Record on Appeal is required, the appellants shall file within
30 days from notice of the judgment or final order:
a. A Notice of Appeal; and SECTION 7: APPROVAL OF RECORD ON APPEAL
b. A Record on Appeal (ROC, Rule 41, Sec. 3). Procedure if the appeal is through a record on appeal:
Contents of Record on Appeal: 1. File record on appeal;
a. Full names of all the parties to the proceedings stated in the caption 2. Appellant may file an objection within 5 days from receipt thereof;
of the record, 3. If there is no objection the court may:
b. Include the judgment or final order from which the appeal is taken; a. Approve it as presented; or
c. In chronological order, copies of ONLY such pleadings, petitions, b. Direct its amendment by inclusion of any omitted matters
motions, and all interlocutory orders as are related to the appealed which are deemed essential to the determination of the issue of
judgment for the proper understanding of the issues of law or fact law or fact involved in the appeal, on its own or at the instance
involved in the appeal; of the adverse party.
d. Together with such data as will show that the appeal was perfected 4. If an amendment is ordered by the Court, the appellant must redraft
on time (Material Data Rule); the record by including therein, in proper chronological sequence,
such additional matters as the court may have directed him to
 incorporate, within the time ordered or, if there is no time specified, procedure and should not be undermined except for the most
within 10 days from receipt; persuasive of reasons.
5. Submit the redrafted record for approval with notice on the adverse
Non-observance would be tantamount to no appeal being filed
party, in like manner as the original draft.
thereby rendering the challenged decision, resolution, or order final
NOTE: Unauthorized alterations, omissions or additions in the and executory (Julian v. DBP, G.R. No. 174193, December 7, 2011).
approved record on appeal may be grounds for dismissal of the appeal
by the CA on its own motion or on motion of the appellee (ROC, Rule
50, Sec. 7). Effect of a Perfected Appeal:
a. Appeals by notice of appeal - the court loses jurisdiction over the
case upon the perfection of the appeal filed in due time and the
SECTION 8: JOINT RECORD ON APPEAL
expiration of the time to appeal of the other parties.
Where both parties are appellants, they may file a joint record on
appeal within 30 days from notice of the judgment or final order, b. Appeals by Record on Appeal - the court loses jurisdiction only
or that fixed by the Court. over the subject matter thereof upon approval of the records on
appeal filed in due time and the expiration of the time to appeal of
the other parties.
SECTION 9: PERFECTION OF APPEAL; EFFECT THEREOF
A Party’s Appeal is Deemed Perfected: GR: After perfection of appeal, the court loses jurisdiction over the
case (1 REGALADO, supra at 571).
1. By notice of Appeal - As to him, upon the filing of the notice of
appeal in due time and payment of docket fees within the XPN: After perfection of appeal or approval of the record on appeal
prescribed period; and but before the transmittal of the records, the court of origin still
2. By Record on Appeal - As to him, with respect to the subject retains its so-called residual jurisdiction to issue protective orders,
matter thereof, upon the approval of the records on appeal filed in approve compromises, permit appeals of indigent litigants, order
due time, provided there was also timely payment of docket fees. execution pending appeal, and allow the withdrawal of the appeal
(Development Bank of the Philippines v. Carpio, G.R. No. 195450,
NOTE: Payment of the full amount of docket fees within the February 1, 2017).
prescribed period is both mandatory and jurisdictional.
The CONCEPT OF RESIDUAL JURISDICTION of the trial
It is a condition sine qua non for the appeal to be perfected and court is available at a stage in which the court is normally deemed to
only then can a court acquire jurisdiction over the case. The have lost jurisdiction over the case or the subject matter involved in
requirement of an appeal fee is not a mere technicality of law or the appeal. There is no residual jurisdiction to speak of where no
appeal or petition has even been filed (Fernández v. CA, G.R. No. The clerk of court shall furnish the parties with copies of his letter of
131094, May 16, 2005). transmittal of the records to the appellate court.
DURATION OF RESIDUAL POWERS
ORDINARY APPEAL PETITION FOR REVIEW SECTION 11: TRANSCRIPT
Until the records are transmitted Until the CA gives due course to
to the appellate court (ROC, the petition (ROC Rule 42, Sec Upon the appeal, the clerk shall immediately direct the
Rule 41, Sec 9) 8) 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
appeal.
The stenographers concerned shall transcribe such testimonial
SECTION 10: DUTY OF THE CLERK OF COURT OF THE evidence and shall prepare and affix to their transcripts an index
LOWER COURT UPON PERFECTION OF APPEAL containing the names of the witnesses and the pages wherein their
Within 30 days after perfection of all the appeals in accordance with testimonies are found, and a list of the exhibits and the pages wherein
the preceding section, it shall be the duty of the clerk of court of the each of them appears to have been offered and admitted or rejected by
the trial court.
lower court:
a. To verify the correctness of the original record or the record on The transcripts shall be transmitted to the clerk of the trial court
who shall thereupon arrange the same in the order in which the
appeal, as the case may be, and to make a certification of its
correctness; witnesses testified at the trial, and shall cause the pages to be
b. To verify the completeness of the records that will be transmitted numbered consecutively.
to the appellate court;
c. 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 SECTION 12: TRANSMITTAL
may exercise for this purpose; and Duties of the Clerk of Court of the Lower Court (COC)
d. To transmit the records to the appellate court.
1. Upon perfection of appeal, the COC shall immediately direct the
If the efforts to complete the records fail, he shall indicate in his letter stenographers concerned to attach to the record of the case 5 copies
of transmittal the exhibits or transcripts not included in the records of the transcripts of testimonial evidence referred to in the record
being transmitted to the appellate court, the reasons for their non- on appeal;
transmittal, and the steps taken or that could be taken to have them a. The stenographers concerned shall transcribe such testimonial
available. evidence and shall prepare and affix to their transcripts an
index containing the names of the witnesses and the pages
wherein their testimonies are found, and a list of exhibits and
 the pages wherein each of them appears to have been offered SECTION 13: DIMISSAL OF APPEAL
and admitted or rejected by the trial court;
b. The transcripts shall be transmitted to the COC who shall Dismissal of Appeal by the Trial Court:
thereupon arrange the same in the order in which the witnesses Prior to the transmittal of the original record or the record on
testified at the trial, and shall cause the pages to be numbered appeal, the trial court may, motu proprio or on motion, dismiss the
consecutively; appeal for:
2. Within thirty (30) days after perfection of the appeal, the COC shall
verify the correctness of the original record or record on appeal, as a. Having been taken out of time; or
the case may be, and to make certification of its correctness; b. Non-payment of the docket and other lawful fees within the
3. Within thirty (30) days after perfection of the appeal, the COC shall reglementary period.
verify the completeness of the records that will be transmitted to A trial court has no authority to pass upon the issue of whether an
the appellate court; appeal is dilatory or frivolous; for it to do so would constitute a review
a. If found incomplete, the COC shall make such measures as of its own judgment and a mockery of the appellate process. Only the
may be required to complete the records; court reviewing the appeal may rule on that question (Nails and
b. If the efforts to complete the records fail, he shall indicate in Wires Corp. v. Malayan Insurance Co., Inc., G.R. No. 143933,
his letter of transmittal: February 14, 2003).
- The exhibits or transcripts that were not included;
- Reasons for their non-transmittal; and
- The steps taken or could be taken to have them available;
4. Within thirty (30) days after the perfection of the appeal, the COC
shall transmit the records or the approved on appeal to the
appellate court, together with the ff:
a. Proof of payment of the docket and other lawful fees;
b. Certified true copy of the minutes of the proceedings;
c. The order of approval;
d. The certificate of correctness;
e. The original documentary evidence referred to therein; and
f. The original and 3 copies of the transcripts.
NOTE: Copies of the transcripts and certified true copies of the
documentary evidence shall remain in the lower court for the
examination of the parties.
5. The COC shall furnish the parties with the copies of his letter of
transmittal.
 RULE 42 XNP TO THE XPN: Further extension may only be granted for the
most compelling reason and in no case to exceed 15 days.
PETITION FOR REVIEW FROM THE REGIONAL TRIAL
COURTS TO THE COURT OF APPEALS NOTE: An appeal from a decision of the RTC, sitting as a Special
Agrarian Court, is made by way of Rule 42 of the Rules of Court
(Landbank of the Phils. v. CA, G.R. No. 190604, April 11, 2011).
Nature: This mode of appeal is not a matter of right. It is a matter of
discretion on the part of CA on whether or not to entertain the appeal.
SECTION 2: FORMS AND CONTENTS
The verified petition shall be filed in one original copy (properly
SECTION 1: HOW APPEAL TAKEN, TIME FOR FILING marked) and two copies with their annexes and shall:
The party desiring to appeal from a decision of the RTC rendered in 1. State the full names of the parties to the case, without impleading
the exercise of its appellate jurisdiction may: the lower courts or judges either as petitioners or respondents.
1. File a verified petition for review with the CA: 2. Indicate the specific material dates showing that it was filed on time
a. Within 15 days from notice of decision; or (Material Data Rule).
b. Within 15 days from denial of petitioner’s motion for new trial 3. Set forth concisely a statement of the:
or reconsideration; a. Matters involved;
c. Pay the docket and other lawful fees and deposit P500 for costs; b. Issues raised;
and c. Specification of errors of fact or law, or both, allegedly
d. Furnish the RTC and the adverse party with a copy of the petition committed by the RTC; and
and file together with the petition proof of such service. d. Reasons or arguments relied upon for the allowance of the
appeal.
4. Accompany by clearly legible duplicate originals or true copies
GR: Petition for review should be filed within 15 days from notice of of the judgment or final orders of both lower courts, certified
the RTC decision or denial of the motion for new trial or correct by the clerk of court of RTC, the requisite number of plain
reconsideration. copies thereof and of the pleadings and other material portions of
the record as would support the allegations of the petition; and
XPN: Upon proper motion and payment of the full amount of docket 5. Contain a certificate of non-forum shopping. A certificate of
and other lawful fees and the deposit for costs, before the expiration non-forum shopping is required even if a petition for review is not
of the reglementary period of 15 days within which to file the petition an initiatory pleading (Anderson v. Ho, G.R. No. 172590, January
for review. No further extension shall be granted. 7, 2013).
NOTE: The Efficient Use of Paper Rule applies to all courts; and 5. Contents of the documents and annexes or documents which
amends the number of copies to be filed under the Rules. should accompany the petition.
Efficient Use of Paper Rule (AM No 11-9-4-SC): is a directive from
the Supreme Court of the Philippines designed to reduce the judiciary's
paper consumption and promote a transition to electronic filing. It SECTION 4: ACTION ON THE PETITION:
mandates specific formatting requirements for court documents, such The Court of Appeals may:
as single spacing, a minimum font size (14-point), and standardized
margins to decrease paper usage. 1. Require the respondent to file a comment on the petition, not a
motion to dismiss, within 10 days from notice; or
EX: If the appellant wants to assail the RTC judgment rendered in 2. Dismiss the petition if it finds the same to be: (MUD)
exercise of the RTC’s appellate jurisdiction on purely question of law, a. Patently without Merit; or
the proper remedy is to file a petition for review under Rule 42 with b. Prosecuted manifestly for Delay; or
the CA, and not a petition or review on certiorari with the SC. The c. The questions raised therein are too Unsubstantial to require
appellate jurisdiction of the SC over appeals involving pure questions consideration.
of law as expressly set forth under Section 5, Article VIII, Constitution
is restricted to such questions arising in the first instance in the lower NOTE: In addition to the grounds laid down in Sec 3 and 4 of this
courts. Section 2, Rule 42 precisely states that the petition for review Rule, the CA may dismiss the petition for review on any of the
shall raise concisely therein a statement of the matters involved, the grounds enumerated in Rule 50, Sec 1.
issues raised, the specification of errors of fact or law, or both,
allegedly committed by the RTC, and the reasons or arguments relied
upon for the allowance of the appeal (Deato v. People, G.R. No. SECTION 5: CONTENTS OF COMMENT:
175519, January 21, 2015).
Comment of the respondent shall be filed in one original copy
(properly marked) and two copies, accompanied by certified true
copies of such material portions of the record referred to therein
SECTION 3: EFFECT OF FAILURE TO COMPLY WITH together with other supporting papers and shall: (AIR)
REQUIREMENTS
1. State whether or not he Accepts the statement of matters involved
Failure to comply with any of the ff requirements shall be sufficient in the petition;
ground for dismissal: 2. Point out such Insufficiencies or inaccuracies as he believes exist
1. Timely filing for Petition; in petitioner’s statement of matters but without repetition; and
2. Timely payment of docket and other lawful fees; 3. State the Reasons why the petition should not be given due course.
3. Deposit for costs; A copy of the comment shall be served on the petitioner.
4. Proof of service of the petition; and
SECTION 6: DUE COURSE Except in civil cases decided under the Rule on Summary
Procedure, the appeal shall stay the judgment or final order unless the
Petition for review is not a matter of right but discretionary on CA, the law, or these Rules shall provide otherwise (ROC, Rule 42,
the CA.
Sec. 8, par. (b)).
It may only give due course to the petition if it shows on its face
(CA finds prima facie) that the lower court has committed an error
of fact or law that will warrant a reversal or modification of the SECTION 9: SUBMISSION FOR DECISION
decision or judgment sought to be reviewed (ROC, Rule 42, Sec. 6 in
If the petition is given due course:
relation to B.P. Blg. 129, Sec. 22).
1. The case may be set for oral argument; or
2. The parties may be required to submit memoranda within 15 days
SECTION 7: ELEVATION OF RECORD from notice; the case shall be deemed submitted for decision upon
filing of the last pleading or memorandum.
It is merely discretionary on the CA to order the elevation of the
original records.
The CA may order the clerk of the RTC to elevate the original
records of the case including the oral and documentary evidence
within 15 days from notice, whenever the CA deems it necessary.

SECTION 8: PERFECTION OF APPEAL, EFFECT

1. Deemed perfected as to the petitioner upon the timely filing of the
petition for review and payment of the corresponding docket and
other lawful fees; and
2. RTC loses jurisdiction over the case upon perfection of appeal filed
in due time and expiration of the period to appeal.
Residual Jurisdiction Power of RTC before the CA gives due
course to the petition, may issue orders for the protection and
preservation of the rights of the parties which do not involve any
matter litigated by the appeal, approve compromises, permit
appeals of indigent litigants, order execution pending appeal, and
allow withdrawal of appeal.
 RULE 43 [Link] Arbitrators authorized by law.
APPEALS FROM THE COURT OF TAX APPEALS AND THE
QUASI-JUDICIAL AGENCIES TO THE COURT OF
APPEALS NOTE: A QUASI-JUDICIAL AGENCY OR BODY has been
defined as an organ of government other than a court and other than a
legislature, which affects the rights of private parties through either
adjudication or rule-making. (Metro Construction, Inc. v. Chatham
SECTION 1: SCOPE
Properties, G.R. No. 141897, September 24, 2001)
Appeals from awards, judgments, final orders, or resolutions of or NOTE: The CA under Rule 43 has appellate jurisdiction over orders,
authorized by any-quasi-judicial agency in the exercise of its quasi-
directives, and decisions of the Office of the Ombudsman in
judicial functions.
administrative cases where the penalty is not light or does not absolve
the respondent of the charge. If the penalty in the Ombudsman
administrative case is light or absolves respondent, the ruling is
These Agencies Include: considered final and unappealable and the remedy would be Rule 65
1. Civil Service Commission; with the CA. (Dagan v. Ombudsman, G.R. No. 184083, November 19,
2. Central Board of Assessment Appeals; 2013).
3. Securities and Exchange Commission; NOTE: A resolution of the Sec of DOJ is not appealable under Rule
4. Office of the President; 43. Recourse should be to the President. Instead of the CA.
5. Land Registration Authority;
6. Social Security Commission;
7. Civil Aeronautics Board;
8. Bureau of Patents, Trademarks and Technology Transfer;
9. National Electrification Administration; SECTION 2: CASES NOT COVERED
[Link] Regulatory Board;
The Rule does not apply to judgments or final orders issued under
[Link] Telecommunications Commission;
[Link] of Agrarian Reform under RA 6657; the Labor Code of the PH.
[Link] Servicers Insurance System; Proper Remedy: Judgments and final orders or resolutions of the
[Link] Compensation Commission; NLRC are reviewable by the Court of Appeals in an original action for
[Link] Inventions Board; certiorari under Rule 65 (St. Martin Funeral Homes v NLRC, GR
[Link] Commission; 130866).
[Link] Atomic Energy Commission;
[Link] of Investments;
[Link] Industry Arbitration Commission; and
OMBUDSMAN COMELEC, COA → Certiorari under Rule 64
a. Administrative – APPEAL under Rule 43 to the CA (unless there SECRETARY OF JUSTICE: Not exercising quasi-judicial function,
is GAD) thus its orders are reviewable only under Rule 65 (insofar as judicial
b. Criminal – CERTIORARI under Rule 65 with SC appeal is concerned; in administrative appeals → to Office of the
President)
When Final and Unappealable:
- Respondent is absolved
- In case of conviction where penalty is public censure or
reprimand, suspension of not more than 1 month or a fine
SECTION 3: WHERE TO APPEAL
equivalent to 1 month salary
Provisions in RA 6770 Declared Invalid: An appeal under this Rule may be taken to the Court of Appeals
within the period and in the manner herein provided, whether the
- Prescribing direct resort to SC in administrative cases (Art. VI, appeal involves questions of fact, of law, or mixed questions of fact
Const. No law shall be passed increasing the appellate jurisdiction and law.
of the Supreme Court without its advice and concurrence)
➔ Question of fact allowed; but it must relate to an ERROR OF
- Prohibiting injunctions
LAW not GAD.

CTA; A.M. No. 05-11-07-CTA

SECTION 4: PERIOD OF APPEAL
a. CIR, BOC, DTI, DOF SECRETARY RTC IN THE EXERCISE OF
Nature of Appeal
ORIGINAL JURISDICTION → RULE 42, CA
b. CTA DIVISION → CA RULE 43 → Appeal under this Rule may be taken to the CA, whether the appeal
c. CBAA, RTC APPELLATE JIURISDICTION → CA RULE 43 involves questions of fact, of law, or mixed questions of fact and law.
d. CTA EN BANC → verified petition for review on certiorari with
SC within 15 days as provided in Rule 45 of the Rules of Court. If → Section 3 recognizes variances in the disparate modes of appeal that
such party has filed a motion for reconsideration or for new trial, Rule 43 standardizes. There were those that enabled questions of fact
the period herein fixed shall run from the party’s receipt of a copy and those that enabled questions of law; there were those that enabled
of the resolution denying the motion for reconsideration or for new mixed questions of fact and law. Rule 43 emphasizes that though
trial. there may have been variances, all appeals under its scope are
brought before the Court of Appeals (CA). Construed from the Court
of Appeals (CA) August 9, 1977, Marasigan v. CA, G.R. No. 19272.
Period of Appeal SECTION 6: CONTENTS OF THE PETITION
GR: The appeal shall be taken within fifteen (15) days from: 1. State the full names of the parties to the case without impleading
the agency either as petitioners or respondents;
1. Notice of the award, judgment, final order or resolution, or 2. Set forth concisely a statement of the facts and issues involved, and
2. Notice of the denial of a motion for reconsideration, or the grounds relied upon for review;
3. Denial of petitioner’s MNT or MR duly filed in accordance with
3. Accompanied by clearly legible duplicate originals or certified true
the governing law of the court or agency a quo (of origin)
copy of the award, judgment, final order or resolution appealed
NOTE: Only 1 MR shall be allowed. from together with certified true copies of such material portions
of the record referred to therein and other supporting papers;
XNP: The CA may grant an additional period of 15 days within which 4. Certificate of non-forum shopping; and
to file the petition and pay the docket and other lawful fees if the delay 5. State the specific material dates showing that it was filed on time
is due to fraud, accident, mistake or excusable negligence and upon (Material Data Rule).
such terms as the CA may deem just and equitable. No further
extension shall be granted.
XPN TO XPN: Further extension may be granted for the most
compelling reason and in no case to exceed 15 days. SECTION 7: EFFECT OF FAILURE TO COMPLY WITH
REQUIREMENTS
➔ Failure to comply with any of the following requirements shall be
sufficient ground for dismissal:
SECTION 5: HOW APPEAL TAKEN 1. Timely filing of Petition;
1. By filing a verified petition for review in one original copy 2. Timely payment of docket and other lawful fees;
(properly marked) and two legible copies. 3. Deposit for costs;
2. With proof of service of a copy thereof on the adverse party and on 4. Proof of service of the petition; and
the court or agency a quo. 5. Contents of the documents, and annexes or documents which
3. Pay to the clerk of court of CA docket and other lawful fees; and should accompany the petition.
4. Deposit the sum of P500 for costs.
NOTE: Exemption from payment of docket and other lawful fees and
the deposit costs may be granted by CA upon a verified motion setting
forth valid grounds therefor. If CA denies the motion, the petitioner
shall pay within 15 days from notice of denial.
SECTION 8: ACTION ON THE PETITION the decision or judgment sought to be reviewed. Otherwise, it shall
dismiss the same.
The Court of Appeals may: ➔ Findings of fact of the court or agency concerned, when supported
a. Require the respondent to file a comment on the petition, not a by substantial evidence, shall be binding on the CA (ROC, Rule 43,
motion to dismiss, within 10 days from notice, or Sec. 10).
b. Dismiss the petition if it finds the same to be patently without
merit, prosecuted manifestly for delay, or that the questions raised
therein are too unsubstantial to require consideration. SECTION 11: TRANSMITTAL OF RECORD
➔ Within 15 days from notice that the petition has been given due
course, the CA may require the agency concerned to transmit the
SECTION 9: CONTENTS OF THE COMMENT
original or a legible certified copy of the entire record of the
➔ The comment shall be filed within 10 days from notice in one proceeding under review.
original copy (properly marked) and two legible copies and ➔ The record to be transmitted may be abridged by the agreement of
accompanied by clearly legible certified true copies of such all parties to the proceeding.
material portions of the record referred to therein together with ➔ The CA may require or permit subsequent correction or addition to
other supporting papers. the record.
➔ Failure of the petitioner to take the necessary steps for the
The Comment Shall: correction or completion of the record within the time limited in
1. Point out insufficiencies or inaccuracies in the petitioner’s the court’s order may be ground for the dismissal of the appeal,
statement of facts and issues; and upon the CA’s own motion or on the motion of the respondent
2. State the reasons why the petition should be denied or dismissed. (ROC, Rule 50, Sec. 1).

A copy thereof shall be served on the petitioner, and proof of such

service shall be filed with the CA. SECTION 12: EFFECT OF APPEAL
GR: Appeal shall not stay the award, judgment, final order or
resolution sought to be reviewed.

SECTION 10: DUE COURSE XPN: When the CA shall direct otherwise upon such terms as it may
deem just.
➔ Petition for review is not a matter of right but discretionary on the
CA. It may only give due course to the petition if it shows on its REMEDY: Remedy of the party to stay the award, judgment, final
face (CA finds prima facie) that the lower court has committed an order or resolution sought to be reviewed is to seek injunctive relief
error of fact or law that will warrant a reversal or modification of
from the CA. (Getchalian v. Longos, G.R. No. 225616, September 14, Factual findings not conclusive Factual findings are conclusive
2016) to the CA upon the CA if supported by
substantial evidence.

SECTION 13: SUBMISSION FOR DECISION

If the petition is due course, the CA may:
1. Set the case for oral argument; or
2. Require the parties to submit memoranda within 15 days from
notice.
The case shall be deemed submitted for decision upon the filing of the
last pleading or memorandum.

RULE 42 RULE 43
Subject of Appeal
Judgements or final orders of Judgements or final orders of
RTC rendered in exercise of its quasi-judicial agencies in the
appellate jurisdiction exercise of quasi-judicial
functions
Period to File the Petition
Filed within 15 days from notice Filed within 15 days from notice
of decision; or within 15 days of the award, judgement, final
from denial of petitioner’s MNT order or resolution; or date of
or MR last publication if publication is
required by law for its
effectivity; or denial of
petitioner’s MNT or MR
Whether Appeal Stays the Decision
As a rule, decision is stayed by Decision is immediately
an appeal save for some executory; not stayed by an
exceptions appeal
As to Conclusiveness of Factual Findings
 RULE 44 SECTION 4: DOCKETING OF THE CASE
ORDINARY APPEALED CASES ➔ Upon receiving the original record or the record on appeal and the
accompanying documents and exhibits transmitted by the lower
court, as well as the proof of payment of the docket and other
➔ Rule 44 involves the procedure in the Court of Appeals for lawful fees, the clerk of court of the Court of Appeals shall docket
Ordinary Appeals. It involves appeals in the CA from the RTC, the case and notify the parties thereof.
where the RTC judgment being assailed was issued by the RTC in ➔ Within 10 days from receipt of said notice, the appellant, in appeals
its original jurisdiction. Thus, Rule 44 is to be read together with by record on appeal, shall file with the clerk of court a certified
Rule 41. (Thus, Rule 44 is to be read together with Rule 41). legible copy of the approved record on appeal, together with the
proof of service of two copies thereof upon the appellee.
➔ Any unauthorized alteration, omission or addition in the approved
SECTION 1: TITLE OF CASES record on appeal shall be a ground for dismissal of the appeal.

➔ In all cases appealed to the CA under Rule 41, the title of the case
shall remain the same but the party appealing the case shall be SECTION 5: COMPLETION OF RECORD
referred to as appellant and the adverse party as the appellee.
➔ Where the record of the docketed case is incomplete, the clerk of
court of the Court of Appeals shall inform said court and
SECTION 2: COUNSEL AND GUARDIANS recommend to it measures necessary to complete the record. It shall
be the duty of said court to take appropriate action towards the
➔ The counsel and guardians ad litem of the parties in the court of completion of the record within the shortest possible time.
origin shall be respectively considered as their counsel and
guardians ad litem in the Court of Appeals. NOTE: The CA may order appellant to take the necessary steps for
➔ When others appear or are appointed, notice thereof shall be served the correction or completion of the record within the time limited
immediately on the adverse party and filed with the court. by the court in its order and the failure of appellant to do so may be a
ground for the dismissal of the appeal upon the CA’s own motion or
on motion of the appellee (ROC, Rule 51, Sec. 1).
SECTION 3: ORDER OF TRANSMITTAL OF RECORD
➔ If the original record or the record on appeal is not transmitted to
the Court of Appeals within 30 days after the perfection of the
appeal, either party may file a motion with the trial court, with
notice to the other, for the transmittal of such record or record on
appeal.
SECTION 6: DISPENSING WITH COMPLETE RECORD SECTION 9: APPELLANT’S REPLY BRIEF
If completion of the record cannot be accomplished within a sufficient ➔ Within twenty (20) days from receipt of the appellee’s brief, the
period due to insuperable or extremely difficult causes, the court, on appellant may file a reply brief in answering points in the appellee’s
its own motion or on motion of any of the parties: brief not covered in his main brief.
1. May declare that the record and its accompanying transcripts and
exhibits available are already sufficient to decide the issues raised;
SECTION 10: TIME FOR FILING MEMORANDA IN SPECIAL
and
CASES
2. Shall issue an order explaining the reasons for such declaration.
➔ In certiorari, prohibition, mandamus, quo warranto, and habeas
corpus cases, parties shall file, in lieu of briefs, their respective
SECTION 7: APPELLANT’S BRIEF memoranda within a non-extendible period of 30 days from receipt
of the notice.
It shall be the duty of the appellant to file within 45 days from receipt
➔ The failure of the appellant to file his memorandum within the
of the notice of the clerk of court that all the evidence is attached to period therefore may be a ground for dismissal of the appeal.
the record. The brief shall be filed in:
NOTE: Certiorari, prohibition, mandamus, quo warranto, and habeas
1. One original (properly marked) and two copies with their annexes corpus cases fall within original jurisdiction of the RTC. The RTC
of legibly typewritten, mimeographed or printed brief; and decision in said cases are rendered in exercise of RTC original
2. With proof of service of 2 copies thereof upon the appellee.
jurisdiction. The mode of appeal is still ordinary appeal under Rule 41,
NOTE: The failure of the appellant to file and serve the required but instead of filing an Appellant’s Brief and Appellee’s Brief, the
number of copies of his brief within the time provided by the rules parties shall file their respective Memoranda.
may be ground for dismissal of the appeal by CA on its own motion or
on motion of the appellee (ROC, Rule 50, Sec. 1).
SECTION 11: SEVERAL APPELLANTS OR APPELLEES OR
SEVERAL COUNSEL FOR EACH PARTY
SECTION 8: APPELLEE’S BRIEF
➔ Where there are several appellants or appellees, each counsel
Within 45 days from receipt of the appellant’s brief, the appellee shall representing one or more but not all of them shall be served with
file with the court one original (properly marked) and two copies with only 1 copy of the briefs.
their annexes of his legibly typewritten, mimeographed or printed ➔ Where there are several counsels representing appellant or
brief, with proof of service of 2 copies thereof upon the appellant. appellee, copies of the brief may be served upon any of them.
SECTION 12: EXTENSION OF TIME FOR FILING BRIEFS which the case begins and the page of the report on which the
citation is found;
GR: Not allowed. 7. Under the heading “Relief”, a specification of the order or
XPN: For good and sufficient cause and only if the motion for judgment which the appellant seeks; and
extension is filed before the expiration of the time sought to be 8. In cases not brought up by record on appeal, the appellants brief
extended. shall contain, as an appendix, a copy of the judgment or final order
appealed from.
NOTE: Failure of the appellant to make specific assignment of errors
SECTION 13: CONTENTS OF APPELLANT’S BRIEF in his brief or page references to the record as required in this section
The appellants brief shall contain, in the ff order: (SAC-FIAR-C) may be grounds for dismissal of his appeal, upon the CA’s own motion
or by motion of the appellee (Rule 50 Sec.1(f))
1. A subject index of the matter in the brief with a digest of the
arguments and page references, and a table of cases alphabetically
arranged, textbooks and statutes cited with references to the pages SECTION 14: CONTENTS OF APPELLEE’S BRIEF
where they are cited;
2. An assignment of errors intended to be urged, which errors shall The appellees brief shall contain, in the order herein indicated, the
be separately, distinctly and concisely stated without repetition and following: (sfa)
numbered consecutively; 1. A subject index of the matter in the brief with a digest of the
3. Under the heading “Statement of the Case” a clear and concise
arguments and page references, and a table of cases alphabetically
statement of the nature of the action, a summary of the proceedings,
arranged, textbooks and statutes cited with references to the pages
the appealed rulings and orders of the court, the nature of the
where they are cited;
judgment and any other matters necessary to an understanding of 2. Under the heading “Statement of Facts”, the appellee shall state
the nature of the controversy, with page references to the record that he accepts the statement of facts in the appellant’s brief, or
4. Under the heading “Statement of Facts” a clear and concise
under the heading “CounterStatement of Facts”, he shall point out
statement in a narrative form of the facts admitted by both parties
such insufficiencies or inaccuracies as he believes exist in the
and of those in controversy, together with the substance of the proof
appellant’s statement of facts with references to the pages of the
relating thereto in sufficient detail to make it clearly intelligible, record in support thereof, but without repetition of matters in the
with page references to the record; appellant’s statement of facts; and
5. A clear and concise statement of the issues of fact or law to be
3. Under the heading “Argument”, the appellee shall set forth his
submitted to the court for its judgment;
arguments in the case on each assignment of error with page
6. Under the heading “Argument”, the appellants arguments on each
references to the record. The authorities relied on shall be cited by
assignment of error with page references to the record. The the page of the report at which the case begins and the page of the
authorities relied upon shall be cited by the page of the report at report on which the citation is found
SECTION 15: QUESTIONS THAT MAY BE RAISED ON APPEAL 5. When their factual bases would not require presentation of any
further evidence by the adverse party in order to enable him to
➔ WON the appellant has filed a motion for new trial in the court properly meet the issue raised, such as:
below he may include in his assignment of errors any question of
a. Those subject of judicial notice; or
law or fact that has been raised in the court below and which is
b. Those that had already been judicially admitted (Borromeo v.
within the issues framed by the parties.
Mina, G.R. No. 193747, June 5, 2013).
NOTE: If the appellant only wishes to submit purely questions of law
for review, then the mode of appeal should be through a petition for
review on certiorari to the Supreme Court under Rule 45. Otherwise, Effect of Reversal of Appealed Judgment
if the appeal under Rule 41 is made to the CA and it only raises
questions of law, it would be considered as an improper appeal and it GR: The reversal of a judgment on appeal is generally binding only
may be dismissed by outright (ROC, Rule 50, Sec. 2). to the parties in the case appealed and does not affect or inure to the
benefit of those who did not join or were not made parties to the
GR: Issues raised for the first time on appeal and not raised in the appeal.
proceedings in the lower court are barred by estoppel.
XPN: Where the rights of such parties are so interwoven and
➔ Points of law, theories, issues, and arguments not brought to the dependent with each other as to be inseparable due to community
attention of the trial court should not be considered by a of interests (Vda. De Capulong v. Workmen’s Insurance Co., Inc.,
reviewing court, as these cannot be raised for the first time on G.R. No. L-30960, October 5, 1989, citing Tropical Homes, Inc. v.
appeal. To consider the alleged facts and arguments raised Fortun, G.R. No. 51554, January 13, 1989).
belatedly would amount to trampling on the basic principles of fair
play, justice, and due process (Imani v. Metropolitan Bank & Trust
Co., G.R. No. 187023, November 17, 2010).
XPN: (JJIP)
1. Lack of jurisdiction over the subject matter;
2. When there are jurisprudential developments affecting the
issues;
3. An issue not properly raised during trial when there is a plain
error;
4. When the issues raised present a matter of public policy (Del
Rosario v. Bonga, G.R. No. 136308, January 23, 2001);
 RULE 45 petitioner may seek the same provisional remedies by verified
motion filed in the same action or proceeding at any time during its
APPEAL BY CERTIORARI TO THE SUPREME COURT pendency.

Procedure for Appeal by Certiorari to the SC: When Appeal by Certiorari Applicable:
➔ RTC, Sandiganbayan in exercise of appellate jurisdiction, CTA en
a. Appeal from a judgment or final order of the RTC where only
banc, or CA renders decision questions of law are raised or are involved, and the case is one
➔ Any party files a verified petition for review on certiorari within 15 decided by said court in the exercise of its original jurisdiction (if
days from notice of final judgement or order of lower court or
appellate, regardless of questions of fact, questions of law, or
notice of denial of MR or new trial
mixed, the appeal shall be brought to the CA by petition for review
➔ Appellant serves copies of petition on adverse parties and to the
under Rule 42)
lower court, and pay the corresponding docket fees b. Appeal from the judgment, final order, or resolutions of the CA
➔ SC may dismiss the petition or require the appellee to comment where the petition shall raise only questions of law.
➔ If given due course, parties may submit memoranda
c. Appeal from the judgment, final order, or resolutions of the
➔ SC may affirm, reverse or modify judgement of the lower court
Sandiganbayan where the petition shall raise only questions of
law.
d. Appeal from the decision or ruling of CTA en banc
SECTION 1: FILING OF PETITION WITH SC e. Appeal from a judgment or final order in petition for a writ of
A party desiring to appeal by certiorari from a judgment, final order or amparo to the Supreme Court. (question of fact allowed)
resolution of: f. Appeal from a petition for a writ of kalikasan (question of fact
allowed)
a. the Court of Appeals g. Appeals from a judgment or final order in a petition for a writ of
b. the Sandiganbayan (in the exercise of its appellate jurisdiction) habeas data (question of fact allowed)
c. the Court of Tax Appeals (en banc)
d. the Regional Trial Court (in the exercise of its original ➔ Applicable to both civil and criminal cases, except in criminal
jurisdiction) or other courts, whenever authorized by law may file cases where the penalty imposed is death, reclusion perpetua or life
with the Supreme Court a verified petition for review on imprisonment.
certiorari.
GR: FACTUAL-ISSUE-BAR RULE
➔ The petition may include an application for a writ of Only questions of law can be raised; the supreme court is not a trier of
preliminary injunction or other provisional remedies and shall facts and factual findings of the lower courts are, as a rule, conclusive
raise only questions of law which must be distinctly set forth. The on the Supreme Court. It is not its function to once again analyze and
calibrate evidence that has already been considered in the lower courts. 12. When the findings of fact of the CA are at Variance with those of
Great respect is accorded in the trial court’s first-hand access to the the trial court, the SC has to review the evidence in order to arrive
evidence presented during the trial, and in its direct observation of the at the correct findings based on the record;
witnesses and their demeanor while they testify on the occurrences and 13. When certain material facts and circumstances have been
events attested to. Thus, Rule 45 extends only to ERRORS OF LAW. Overlooked by the trial court which, if taken into account, would
alter the result of the case in that they would entitle the accused to
acquittal; and
Action of SC if a Rule 45 Appeal Raises Questions of Fact: 14. When the facts set forth in the petition as well as in the petitioner’s
main and reply briefs are Not disputed by the respondents (Asian
1. DENY the appeal; Terminals, Inc. v. Simon Enterprises, Inc., G.R. No. 177116,
2. Refer the appeal to the CA February 27, 2013).
Differences Between Questions of Law and Question of Fact
XPN: Petition for Review on Certiorari under Rule 45 from a Questions of Law Questions of Fact
judgment in a petition for a: As to Certainty of Facts Involved
1. Writ of Amparo; Material allegations of fact are Doubt or difference as to the
not controverted by either party; truth or falsehood of facts, or as
2. Writ of Habeas data; and
thus, there is certainty as to to probative value of the
3. Writ of Kalikasan, may raise questions of law or fact, or both. facts. evidence presented.
4. When the finding is grounded entirely on Speculations, surmise, or The doubt lies on what law is to
conjecture; be applied on certain facts.
5. When inference made is manifestly Absurd, mistaken, or As to Necessity of Evaluating Evidence
impossible; The appellate court can The determination of the issue
6. When the judgment is premised on a Misrepresentation of facts; determine the issue raised involves evaluation or review of
7. When there is Grave abuse of discretion in the appreciation of facts; without reviewing or evaluating evidence.
8. When the findings of fact are Conflicting; the evidence.
9. When the findings of fact are Conclusions without citation of
specific evidence on which they are based;
TEST: Whether a question is one of law or of fact is not the
10. The findings of fact of the CA is premised on the supposed
appellation given to such question by the party raising the same;
evidence and is Contradicted by the evidence on record;
rather, it is whether the appellate court can determine the issue raised
11. When the CA in making its findings went Beyond the issues of the
without reviewing or evaluating the evidence. In which case, it is a
case and the same is contrary to both the admissions of appellants
question of law; otherwise, it is a question of fact (Heirs of
and appellees;
Villanteva v. Heirs of Mendoza, G.R. No. 209132, June 5, 2017).
SECTION 2: TIME FOR FILING; EXTENSION SECTION 4: CONTENTS OF THE PETITION
GR: Petition shall be filed within 15 days from the judgment or final The petition shall be filed in one original (properly marked) and four
order or resolution appealed from or denial of the petitioner’s MNT or copies, unless the case is referred to the Court En Banc, in which event,
MR filed in due time. the parties shall file ten additional copies and shall:
XPN: The SC may, for justifiable reasons, grant an extension of 30 1. State the full names of the appealing party as the petitioner and
days only within which to file the petition provided that the motion for the adverse party as respondent, without impleading the lower
extension is duly filed and served, with full payment of the docket and courts or judges either as petitioners or respondents;
other lawful fees and the deposit for costs before the expiration of the 2. Indicate the material dates showing when notice of the
reglementary period. judgment or final order or resolution subject thereof was
received, when a motion for new trial or reconsideration, if any,
NOTE: Any extension of time granted by a court should be computed was filed and when notice of the denial thereof was received
from the expiration of the original period, regardless of the fact that
(Material Data Rule);
said expiry date falls on a Saturday, Sunday, or legal holiday (A.M.
No. 00-14-SC). Effects of Subsequent Compliance with the Material Data Rule:
NOTE: The appeal period of a writ of amparo or writ of habeas data ➔ While the Supreme Court, in the application of similar rules
case is 5 working days from the date of notice of the adverse judgment requiring a statement of the material dates to show the timeliness
or order (Rule on the Writ of Amparo, Sec 19; Rule on the Writ of of the petition for review on certiorari of the appeals by inferior
Habeas Data, Sec 19) courts has initially denied the petitions for non-compliance with the
Rule (Rule 45, Sec. 1), it has consistently and invariably granted in
the interest of substantial justice, motions for reconsideration upon
SECTION 3: DOCKET AND OTHER LAWFUL FEES; PROOF petitioner’s subsequent compliance and submission therewith of
OF SERVICE the material dates showing the timeliness of filing of the petition
(without prejudice to meeting the proper penalty in appropriate
➔ Unless he has theretofore done so, the petitioner shall pay the cases to offending counsel) and has proceeded to consider and act
corresponding docket and other lawful fees to the clerk of court of on the merits of the petitioner, granting or denying due course
the Supreme Court and deposit the amount of P500.00 for costs at thereto as the case warranted (Canturna v. CA, G.R. No. L-40934,
the time of the filing of the petition. April 30, 1976).
➔ Proof of service of a copy thereof on the lower court concerned and
on the adverse party shall be submitted together with the petition. 3. Set forth concisely a statement of the:
a. Matters involved; and
b. Reasons or arguments relied upon for the allowance of the
appeal.
4. Accompanied by clearly legible duplicate original or certified 2. Appeal is prosecuted manifestly for Delay;
true copy of the judgment or final order or resolution certified 3. The questions raised therein are Unsubstantial to require
by the clerk of court of the court a quo and the requisite number of consideration.
plan copies thereof, and such material portions of the record as
would support the petition; and
5. Contain a certificate of non-forum shipping as provided in the SECTION 6: REVIEW DISCRETIONARY
last paragraph pf Sec 2, Rule 42.
A review is not a matter of right, but of sound judicial discretion, and
will be granted only when there are special and important reasons
therefor. The following, while neither controlling nor fully measuring
NOTE: For the En Banc, the parties need to submit only two sets of
annexes, one attached to the original and an extra copy. For the the court’s discretion, indicate the character of the reasons which will
Division, the parties need to submit also two sets of annexes, one be considered:
attached to the original and an extra copy. All members of the Court 1. Court a quo has decided a question of substance, not theretofore
shall share the extra copies of the annexes in the interest of economy determined by the SC, or has decided it in a way probably not in
of paper. (Efficient Use of Paper Rule, A.M. No. 11-9-4-SC) There accord with law or with the applicable decisions of the SC; or
must also be compliance with the Rules on E-Filing for pleadings to 2. Court a quo has so far departed from the accepted and usual course
be filed with the Supreme Court. of judicial proceedings, or so far sanctioned such departure by a
lower court, as to call for an exercise of the power of supervision.

SECTION 5: DISMISSAL OR DENIAL OF PETITION

SECTION 7: PLEADINGS AND DOCUMENTS THAT MAY BE
The following shall be sufficient ground for the dismissal of the
petition: REQUIRED; SANCTIONS
➔ For purposes of determining whether the petition should be
1. Failure of the petitioner to comply with (PDPC):
a. Timely filing of the petition; dismissed or denied pursuant to Sec. 5 or Sec. 8, SC may require
b. Payment of the docket or other lawful fees; or allow the filing of such pleadings, briefs, memoranda or
documents within such periods, and under such conditions as it
c. Deposit for costs; and
may consider appropriate.
d. Proof of service; and
➔ SC may impose the corresponding sanctions in case of non-filing
e. The Contents of and the documents which would accompany
the petition. or unauthorized filing or non-compliance with the conditions
therefor.
SC May Deny, Motu Proprio, the Petition if (WUD):
1. Appeal Without merit;
SECTION 8: DUE COURSE, ELEVATION OF RECORDS there is no appeal or
any other plain,
➔ If the petition is given due course, the SC may require the elevation speedy, or adequate
of the complete record of the case or specified parts thereof within remedy
15 days from notice. As to Basis
Petition is based on Petition is based on Petition is based on
questions of law questions of law questions of
SECTION 9: RULE APPLICABLE TO BOTH CIVIL AND jurisdiction
CRIMINAL CASES As to Mode of Appeal or Review
It is a mode of It is a mode of It is a mode of
➔ The mode of appeal under Rule 45 shall be applicable to both civil appeal appeal. The SC is review.
and criminal cases, except in criminal cases where the penalty exercising appellate
imposed is death, reclusion perpetua, or life imprisonment. The SC is exercising jurisdiction. The SC is exercising
appellate original jurisdiction.
jurisdiction (Const, However, the
Art VIII, Sec 5, par petition for review It is an independent
DIFFERENCES BETWEEN RULE 45, 64, AND RULE 65
2) under this Rule is an special civil action
Appeal by Review of Petition for independent special and not a
Certiorari Judgments, Final Certiorari civil action, not a continuation of the
(Rule 45) Orders, or (Rule 65) continuation of the original action.
Resolutions original action.
(Rule 64) As to Time of Filing
As to Scope Within 15 days from Within 30 days from Not later than 60
Involves the review Involves the review Directed mostly notice of judgment, notice of judgment, days from notice of
of the judgment, of judgments, final against an final order, or final order, or judgment, order, or
award, or final order orders or resolutions interlocutory order resolution appealed resolution sought to resolution sought to
on the merits of COMELEC and of the court or where from. be reviewed. be reviewed.
COA the judgment or final Whether Appeal Stays the Judgment or Not
order was rendered Stays the judgment Shall not the Unless a writ of
without or in excess or order appealed execution unless SC preliminary
of jurisdiction or from shall direct injunction or
with grave abuse of otherwise upon such temporary
discretion terms as it may deem restraining order is
amounting to lack or just. issued; does not stay
excess of the challenged
jurisdiction and proceeding
 As to Parties Involved NOTE: As a rule, a party cannot file a petition under both Rules
The appellant and The petitioner and The petitioner and 45 and 65 of the Rules of Court because said procedural rules pertain
the appellee are the private respondent private respondents to different remedies and have distinct applications.
original parties to are the original are the original
the action, and the parties to the action. parties to the civil The remedy of appeal under Rule 45 and an original action for
lower court or quasi- action. certiorari under Rule 65 are mutually exclusive and not alternative or
judicial agency is The COMELEC and cumulative. Thus, a party should not join both petitions in one
not impleaded COA shall be The judge, court, pleading. When a party adopts an improper remedy, his petition may
impleaded as public quasi-judicial be dismissed outright (Nagkahiusang Mamumuo sa PICOP Resources,
respondents. agency, tribunal, Inc. v. CA, G.R. Nos. 148839-40, November 2, 2006).
corporation, board,
officer or person
shall be impleaded
as public Exception, when SC may Treat Rule 65 Petition as Rule 45 Petition:
respondents. ➔ The Court may set aside technicality for justifiable reasons when
Necessity of Filing a Motion for Reconsideration the petition before the court is clearly meritorious and filed on
MR is not required The filing of MR or MR or for MNT is time both under Rules 45 and 65. In accordance with the liberal
MNT is not required required.
spirit which pervades the Rules of Court and in the interest of
If a motion for justice, the Court may treat the petition (under Rule 65) as having
reconsideration on been filed under Rule 45 (International Corporate Bank, Inc. v. CA,
or NT is filed, the G.R. No. 129910, September 5, 2006).
60-day period to file
the petition shall be
interrupted but a
fresh period of 60
days shall be given
to file the petition in
case the motion is
denied.
As to Where Filed
The petition shall be The petition shall be The petition shall be
filed with the SC filed with the SC filed with the RTC,
CA, Sandiganbayan,
and COMELEC
 RULE 65 Procedural Outline in Certiorari:
CERTIORARI, PROHIBITION AND MANDAMUS 1. Filing of verified petition for certiorari in the proper court not later
than 60 days from notice of the judgment, order, or resolution
(ROC, Rule 65, Sec. 1).
Basic Concepts Common in Certiorari, Prohibition, and 2. If the petition is sufficient in form and substance, the court shall
Manadamus issue an order requiring the respondent to comment on the petition
within 10 days from receipt of copy thereof (ROC, Rule 65, Sec.
1. Where to file: Supreme Court, Court of Appeals, Sandiganbayan, 6).
Regional Trial Court, COMELEC for election cases (B.P. Blg 129). 3. In petitions for certiorari before the Supreme Court and the Court
2. How initiated: By filing a verified petition (ROC, Rule 65). of Appeals, the provisions of Section 2, Rule 56 shall be observed.
3. When to file: Not later than 60 days from notice of the judgment, Before giving due course thereto, the court may require the
order or resolution (ROC, Rule 65, Sec. 4). respondents to file their comment, and not a motion to dismiss, the
4. Who may file petition for Certiorari: Any person aggrieved by petition. Thereafter, the court may require the filing of a reply and
the judgment, final order or resolution of any tribunal, board or such other responsive or other pleadings as it may deem necessary
officer exercising judicial or quasi-judicial functions (ROC, Rule and proper (ROC, Rule E 65, Sec. 6).
65, Sec. 1). 4. The court in which the petition is filed may issue orders expediting
5. Who may file petition for Prohibition: Any person aggrieved by the proceedings, and it may also grant a temporary restraining order
the proceedings of any tribunal, corporation, board, officer, or or a writ of preliminary injunction for the preservation of the rights
person, whether exercising judicial, quasi-judicial or ministerial of the parties (ROC, Rule 65, Sec. 7).
functions (ROC, Rule 65, Sec 2) 5. The public respondent shall proceed with the principal case within
6. Who may file petition for Mandamus: Any person who has a ten (10) days from the filing for a petition for certiorari with a
clear and legal right to the performance of the particular act sought higher court or tribunal, absent a temporary restraining order or a
to be compelled. preliminary injunction, or upon its expiration (ROC, Rule 65, Sec.
7).
6. After the comment or other pleadings required by the court are
Doctrine of Non-Interference / Doctrine of Judicial Stability filed, or the time for the filing thereof has expired, the court may
hear the case or require the parties to submit a memoranda (ROC,
➔ A writ of certiorari or prohibition cannot be issued by an RTC
Rule 65, Sec 8).
against an administrative agency exercising quasi-judicial
7. The court shall render judgment (ROC, Rule 65, Sec. 8).
functions since the latter is of the same rank as the RTC, functions
(The Board of Trustees of GSIS v. Albert Velasco, G.R. No.
170463, February 2, 2011).
➔ However, a writ of prohibition may be issued by the RTC against
administrative agencies exercising administrative functions (id.).
Procedural Outline in Prohibition hear the case or require the parties to submit a memoranda (ROC,
Rule 65, Sec. 8).
1. Filing of verified petition for prohibition in the proper court not 5. The court shall render judgment (ROC, Rule 65, Sec. 8).
later than 60 days from notice of the judgment, order, or resolution
(ROC, Rule 65, Sec. 1).
2. If the petition is sufficient in form and substance, the court shall
SECTION 1: PETITION FOR CERTIORARI
issue an order requiring the respondent to comment on the petition
within 10 days from receipt of copy thereof (ROC, Rule 65, Sec. ➔ When any tribunal, board or officer exercising judicial or quasi-
6). judicial functions has acted without or in excess of its or his
3. The court in which the petition is filed may issue orders expediting jurisdiction, or with grave abuse of discretion amounting to
the proceedings, and it may also grant a temporary restraining order lack or excess of jurisdiction, and there is no appeal, or any plain,
or a writ of preliminary injunction for the preservation of the rights speedy, and adequate remedy in the ordinary course of law, a
of the parties (ROC, Rule 65, Sec. 7). person aggrieved thereby may file a verified petition in the proper
4. After the comment or other pleadings required by the court are court, alleging the facts with certainty and praying that judgment
filed, or the time for the filing thereof has expired, the court may be rendered annulling or modifying the proceedings of such
hear the case or require the parties to submit a memoranda (ROC, tribunal, board or officer, and granting such incidental reliefs as law
Rule 65, Sec. 8). and justice may require.
5. The court shall render judgment (ROC, Rule 65, Sec. 8). ➔ The petition shall be accompanied by a certified true copy of the
judgment, order or resolution subject thereof, copies of all
pleadings and documents relevant and pertinent thereto, and a
Procedural Outline in Mandamus sworn certification of non-forum shopping as provided in the third
paragraph of section 3, Rule 46.
1. Filing of verified petition for mandamus in the proper court not
later than 60 days from notice of the judgment, order, or resolution
(ROC, Rule 65, Sec. 1)
2. If the petition is sufficient in form and substance, the court shall Writ of Certiorari
issue an order requiring the respondent to comment on the petition ➔ A writ emanating from a superior court directed against an inferior
within 10 days from receipt of copy thereof (ROC, Rule 65, Sec. court, tribunal, board or officer exercising judicial or quasi-judicial
6). functions whereby the record of a particular case is ordered to be
3. The court in which the petition is filed may issue orders expediting elevated for review and correction in matters of law. The purpose
the proceedings, and it may also grant a temporary restraining order of which is to correct errors of jurisdiction (Tagle v. Equitable PCI
or a writ of preliminary injunction for the preservation of the rights Bank, G.R. No. 172299, April 22, 2008).
of the parties (ROC, Rule 65, Sec. 7).
4. After the comment or other pleadings required by the court are
filed, or the time for the filing thereof has expired, the court may
Aggrieved Party, Definition REQUISITES OF CERTIORARI: (AJA)
➔ One who is a party to the original proceedings that gave rise to the 1. The writ is directed against a tribunal, board or officer
original action for certiorari under RULE 65 (Montecillo v. exercising judicial or quasi-judicial functions.
Chionlo-Sia, G.R. No. 181186, February 3, 2016). 2. Such tribunal, board or officer has acted without or in excess of
jurisdiction, or with grave abuse of discretion amounting to
excess or lack of jurisdiction; and
GR: Although Sec. 1 of RULE 65 provides that certiorari may be 3. There must be no appeal or other plain, speedy and adequate
availed of by a person aggrieved by the orders or decisions of the remedy in the ordinary course of law. (Cethya Pacific Steel
tribunal, board or officer exercising judicial or quasi-judicial functions Corporation v. Court of Appeals, G.R. No. 164651, August 30,
to whom the petition is directed, a person who feels injured by the 2006).
lower court's order can question such decision via certiorari. Hence, a
certiorari cannot avail it (Pascual v. Robles, G.R. No. 17165, June 22,
2011). First Requisite: Functions of Respondent
EX: A law firm which acted as a counsel for the widow in an estate 1. Judicial Function: It consists of the power to determine what the
proceeding may file a petition for certiorari under RULE 65 when it law is and what the legal rights of the parties are, and then
was ordered by the probate court to reimburse in its own capacity the undertake to determine these questions and adjudicate upon the
widow’s allowance to the estate (Montecillo v. Chionlo-Sia, supra). rights of the parties. (Ongsuco v. Hon. Malones, G.R. No. 182065,
October 27, 2009).
XPN: Where to rule as improper the recourse to Rule 65 by the lack 2. Quasi-Judicial Function: It applies to the action or decision of
of legal standing would prolong the denial of due process to the public administrative officers or bodies, which are required to
persons whose interests are indispensable to the final disposition of investigate facts or ascertain the existence of facts, hold hearings,
the case (Crisologo v. JEWM Agro Industrial Corp, G.R. No. 186194,
and draw conclusions from them as basis for their official action
March 3, 2014).
and to exercise discretion of a judicial nature (id.).

Certiorari is a Prerogative Writ

When Certiorari is NOT a Proper Remedy:
➔ It is never demandable as a matter of right and never issued except 1. Administrative Agency acted purely executive functions;
in the exercise of judicial discretion (Nunual v. COA, G.R. No.
2. Issuances of a Resolution by the Sangguniang Panlungsod;
78648, January 24, 1989).
3. Powers of the DOJ Sec are executive and administrative;
➔ Hence, he who seeks a writ of certiorari must apply for it in the 4. Sec of Finance in issuing Revenue Regulation based on the NIRC
manner and strictly in accordance with the provisions of the law is an exercise of quasi-legislative function;
and the Rules (Sim v. NLRC, G.R. No. 157376, October 2, 2007).
5. Energy Regulation Commission (ERC) issuances of electric A Petition for Certiorari Cannot be Used to Raise Errors of
cooperatives is an exercise of rule-making powers. Judgment to Circumvent the Prohibition Against Double Jeopardy
NOTE: Even when an administrative agency does not perform a ➔ An action for certiorari does not correct errors of judgment but
judicial, quasi-judicial, or ministerial function, the Constitution only errors of jurisdiction. The nature of a Rule 65 petition does
mandates the exercise of judicial review there is an allegation of not entail a review of facts and law on the merits in the manner
grave abuse of discretion amounting to lack or excess of done in an appeal. Misapplication of facts and evidence, and the
jurisdiction. (Arriola v. Arriola, G.R. No. 177761, January 28, 2015; mere fact that errors were committed, rise to the level of grave
Tan v. Justice committed grave abuse of discretion affirming, abuse of discretion (People v. Sandiganbayan, G.R. Nos. 229494-
reviewing, or modifying the resolution of prosecutors may be the 96, March 21, 2018).
subject of a petition for certiorari under Rule 65 of the Rules of Court
(De Lima v. Reyes, G.R. No. 209330, January 11, 2016)).
Certiorari Reviews Error of Jurisdiction, not Errors of Judgment

Second Requisite: Jurisdictional Errors ➔ A petition for certiorari must be based on jurisdictional grounds
because as long as the respondent acted with jurisdiction, any error
1. Without Jurisdiction - When the respondent does not have the committed by him or it in the exercise thereof will amount to
legal power to determine the case (Sps. Dacudao v. Secretary of nothing than an error of judgment which cannot be reviewed by or
Justice, G.R. No. 188056, January 8, 2013). corrected by appeal (Estrera v. CA, G.R. Nos. 154235-36, August
2. Excess of Jurisdiction - Where the respondent, being clothed with 16, 2006).
the authority as determined by law (temporal v. Armes, G.R. No.
178442, January 30, 2017), and
3. Grave Abuse of Jurisdiction - Where the respondent acts in a Certiorari Against an Order Granting/Denying the Motion to
capricious, whimsical, arbitrary or despotic manner in the exercise Dismiss
of his judgment as to be said to be equivalent to lack of jurisdiction
(Garcia v. CA, G.R. No. 160655, January 28, 2013). The abuse of GR: An order denying a motion to dismiss, being merely
discretion must be so patent and gross as to amount to an evasion interlocutory, cannot be the basis of a petition for certiorari (G.V.
of a positive duty or to a virtual refusal to perform a duty enjoined Florida Transport, Inc. v. Tiara Commercial Corporation, G.R. No.
by law, or to act at all in contemplation of law. 201378, October 18, 2017).
➔ The remedy of the aggrieved party is to file an answer and to
interpose as a defense the objections raised in his motion to
dismiss, proceed to trial, and in case of an adverse decision, to
elevate the entire case by appeal in due course (Bank of America
NT & SA v. CA, G.R. No. 120135, March 31, 2003).
XPN: If the question is on the jurisdiction of the court in issuing Third Requisite: No Appeal, or any Plain, Speedy, and Adequate
the order, an original action for certiorari may be directed against an Remedy
interlocutory order of the lower court prior to an appeal from the
➔ It is an extraordinary remedy which may be availed of only when
judgment (New Frontier Sugar Corporation v. RTC of Iloilo, G.R. No.
there is no appeal, nor any plain, speedy or adequate remedy in the
165001, January 31, 2007).
ordinary course of law (Hayundini v. COMELEC, supra).
➔ Thus, a petition for certiorari may be filed to assail an
interlocutory order if it is issued without jurisdiction, or with
excess of jurisdiction, or in grave abuse of discretion No Appeal
amounting to lack or excess of jurisdiction (Banez v
Concepcion) ➔ Where an appeal is available to the aggrieved party, the action for
certiorari will not prosper, even if the ground is grave abuse of
discretion (Sps. Leynes v. CA, G.R. No. 154462, January 19,
Certiorari Remedy Against Preventive Suspension 2011).
➔ Certiorari as a remedy of last resort. It is not available if the party
➔ Suspension order is a mere preventive measure, and not a penalty still has another speedy and adequate remedy available (Tolentino
and hence, interlocutory in nature since it does not terminate or v. COMELEC, G.R. No. 218536, January 26, 2016).
finally dismiss or finally dispose of the case, but leaves something ➔ The Court always declared that a petition for certiorari is not a
to be done by the adjudicating body before the case is finally substitute for an appeal when the latter remedy is available but was
decided on the merits. lost through fault or negligence (Gabutan v. Nacalaban, G.R. No.
➔ The aggrieved party may then seek redress from the courts through 186586-93, June 20, 2018).
a petition for certiorari under Section 1, Rule 65 (Morales v. Court ➔ Judgment declaring presumptive death under Article 41 of the
of Appeals, supra). Family Code is immediately final and executory and cannot be
appealed, hence certiorari is proper (v. Cantor, G.R. No. 104267,
December 10, 2013).
Certiorari as an Independent Action ➔ Small claims decisions may be assailed by a petition for certiorari
under RULE 65 (A.L. Ang Network v. Mondejar, G.R. No. 200089,
➔ The petition for certiorari filed with the CA is an independent and January 22, 2014).
original action; so there is a need for the CA to acquire jurisdiction
over the person of the parties to the case before it can be resolved.
➔ Jurisdiction may be acquired either upon service of the order of
resolution indicating CA's initial action or voluntary submission of
the parties (Francisco v. Loyola Plans Consolidated Inc., G.R. No.
194134, February 1, 2016).
Plain, Speedy, and Adequate Remedy 5. Where the petitioner was deprived of Due process and there is
extreme urgency for relief;
➔ A remedy is plain, speedy, and adequate if it will promptly relieve 6. Where, in a criminal case, relief from an order of arrest is Urgent
the petitioner from the injurious effects of the judgment, order, or
and granting such relief by trial court is improbable;
resolution of the lower court or agency (Morales v. CA, supra).
7. Where the proceedings in the lower court are a Nullity for a lack
➔ The availability of the ordinary course of appeal does not constitute
of due process;
sufficient ground to prevent a party from making use of the 8. Where the proceeding was Ex-parte or in which the petition had
extraordinary remedy of certiorari when an appeal is not a speedy no opportunity to object;
and adequate remedy. It is the inadequacy—not the mere
9. Where the issue raised is one purely of law or where Public interest
absence—of all other legal remedies and the danger of failure of
is involved;
justice without the writ that usually determines the propriety of
[Link] the subject matter of the action is Perishable
certiorari (A.L. Ang Network, Inc. v. Mondejar, supra).
NOTE: The "plain" and "adequate remedy" referred to in Rule 65 is a
motion for reconsideration (National Association of Electricity Other Important Requirements for Certiorari:
Consumers for Reforms, Inc. v. ERC and MERALCO, G.R. No.
197375, July 6, 2011). 1. Verified petition by the petitioner, not by the lawyer,
a. To contain alleged facts with certainty; and
b. Prayer for annulment or modification of the proceedings and
grant of such incidental reliefs as law and justice may require.
When Motion for Reconsideration May be Dispensed with (PLUM-
DUNEPP) NOTE: Absence of verification is not a jurisdictional defect.
A motion for reconsideration may be dispensed with in some cases, 2. Accompanied by a certified true copy or duplicate original (not
such as: photocopy) of the judgment, order or resolution subject thereof and
all pleadings and documents relevant and pertinent thereto; and
1. Where the order is Patent nullity;
3. Sworn certification against forum shopping as provided in Rule
2. Where questions raised in the certiorari proceeding have been duly
46, Section 3 (ROC, Rule 65, Sec. 1).
raised and passed upon by the Lower court, or are in the same as
those raised in and passed upon in the lower court;
3. Where there is Urgent necessity for the resolution of the question
any further delay would prejudice the interests of the Govt;
4. Where under the circumstances, a Motion for reconsideration
would be useless, as where the court had already indicated that it
would deny any motion for reconsideration of its questioned order;
WRIT OF PROHIBITION ➔ To preserve its character, mandamus is not used for the redress of
the private wrongs, but only in matters relating to the public (id.).
➔ A writ issued by a superior court and directed against an inferior
court, Tribunal, Corporation, Board or Officer or other Person
(ITCBOP) whether exercising judicial, quasi-judicial or ministerial
functions, commanding it to desist from further proceedings for
the purpose of preventing the latter from usurping jurisdiction
with which it is not legally vested.
➔ Prohibition is a preventive remedy. However, to prevent the
respondent from performing the act sought to be prevented during
the pendency of the proceedings for the writ, the petitioner should
obtain a restraining order and/or a writ of preliminary injunction
(ROC, RULE 65, Sec. 7; Vergara v. Roque, G.R. No. L-32984
August 26, 1977).
➔ The function of prohibition is to prevent the unlawful and
oppressive exercise of legal authority and to provide for a fair and
orderly administration of justice (Yusay v. CA, supra).

WRIT OF MANDAMUS
➔ A writ issued in the name of the State, to an inferior court, tribunal,
corporation, board, officer or person, commanding the
performance of an act which the law enjoins as a duty resulting
from an office, trust or station (Uy Kiao Eng v. Nixon Lee, G.R.
No. 176831, January 15, 2010).

Writ of Mandamus is a Prerogative Writ

➔ The writ of mandamus lies to enforce the execution of an act, when,
otherwise, justice would be obstructed; and regularly, issues only
in cases relating to the public and government, hence called the
prerogative writ.