Guide to Appellate
Pleadings
By:
Atty. Manuel J.
Laserna Jr.
Rule 40. – Appeal
from MTC to RTC.
Via Notice of Appeal – 15 days.
1.
Parties
2.
Judgment or final order or part thereof appealed
from,
3.
Material dates showing the timeliness of the
appeal.
4.
Grounds.
Appellant’s Memorandum – 15 days. Non-filing is ground to
dismiss the appeal.
Appellee’s Memorandum – 15 days from receipt of
Appellant’s Memorandum.
Record on appeal – 30 days:
1.
Notice of appeal (see above) and
2.
Record on appeal.
RULE 41 - APPEAL
FROM THE REGIONAL TRIAL COURTS TO THE COURT OF APPEALS.
Subject of appeal.—An appeal may be taken
from a judgment or final order that completely disposes of the case, or of a
particular matter therein when declared by these Rules to be appealable.
No appeal may be taken from:
(a)
An order denying a motion for new trial or reconsideration;
(b)
An order denying a petition for relief or any similar motion seeking relief
from judgment;
(c)
An interlocutory order;
(d)
An order disallowing or dismissing an appeal;
(e)
An order denying a motion to set aside a judgment by consent, confession or
compromise on the ground of fraud, mistake or duress, or any other ground
vitiating consent.
(f)
An order of execution;
(g)
A judgment or
final order for or against one or more of several parties or in separate
claims, counterclaims, cross-claims and third-party complaints, while the main
case is pending, unless the court allows an appeal therefrom; and
(h)
An order
dismissing an action without prejudice.
In all the above instances where the judgment or final
order is not appealable, the aggrieved party may file an appropriate special
civil action under Rule 65. (n)
Modes of appeal.—
(a)
Ordinary appeal.—The appeal to the Court of Appeals in cases decided by
the Regional Trial Court in the exercise of its original jurisdiction shall be
taken by filing a notice of appeal with the court which rendered the judgment or
final order appealed from and serving a copy thereof upon the adverse party. No
record on appeal shall be required except in special proceedings and other
cases of multiple or separate appeals where the law or these Rules so require.
In such cases, the record -on appeal shall be filed and served in like manner.
(b)
Petition for review.—The appeal to the Court of Appeals in cases decided
by the Regional Trial Court 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 are raised or
involved, the appeal shall be to the Supreme Court by petition for review on
certiorari in accordance with Rule 45. (n)
Rule 41, Appeal from
RTC to CA.-
Notice of appeal.— 15 days. Pay appeal fees to RTC OCC.
1.
Parties to the appeal,
2.
Judgment or final order or part thereof appealed
from,
3.
The court to which the appeal is being taken,
and
4.
Material dates showing the timeliness of the
appeal.
Record on appeal; form and contents thereof—
1.
Full names of all the parties to the proceedings
shall be stated in the caption of the record on appeal.
2.
Judgment or final order from which the appeal is
taken and,
3.
In chronological order, copies of only
such pleadings, petitions, motions and all interlocutory orders as are related
to the appealed judgment or final order for the proper understanding of the
issue involved, together with such data as will show that the appeal was
perfected on time.
4.
If an issue of fact is to be raised on appeal,
the record on appeal shall include by reference all the evidence, testimonial
and documentary, taken upon the issue involved.
5.
The reference shall specify the documentary
evidence by the exhibit numbers or letters by which it was identified when
admitted or offered at the hearing, and the testimonial evidence by the names
of the corresponding witnesses.
6.
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 exhibits.
7.
Every record on appeal exceeding twenty (20)
pages must contain a subject index. (6a)
Approval of record on appeal —
1. Upon
the filing of the record on appeal for approval and if no objection is
filed by the appellee within five (5) days from receipt of a copy thereof, the
trial court may approve it as presented or upon its own motion or at the
instance of the appellee, may direct its amendment by the inclusion of any
omitted matters which are deemed essential to the determination of the issue of
law or fact involved in the appeal.
2. If
the trial court orders the amendment of the record, the appellant, within the
time limited in the order, or such extension thereof as may be granted, or if
no time is fixed by the order within ten (10) days from receipt thereof, shall
redraft the record by including therein, in their proper chronological
sequence, such additional matters as the court may have directed him to
incorporate, and shall thereupon submit the redrafted record for approval, upon
notice to the appellee, in like manner as the original draft. (7a)
Joint record
on appeal.—Where both
parties are appellants, they may file a joint record on appeal within the time
fixed by section 3 of this Rule, or that fixed by the court.
Perfection of appeal; effect thereof—
1. A
party’s appeal by notice of appeal is deemed perfected as to him upon the
filing of the notice of appeal in due time.
2. A
party’s appeal by record on appeal is deemed perfected as to him with respect
to the subject matter thereof upon the approval of the record on appeal filed
in due time.
3. In
appeals by notice of appeal, the court loses jurisdiction over the case upon
the perfection of the appeals filed in due time and the expiration of the time
to appeal of the other parties.
4. In
appeals by record on appeal, the court loses jurisdiction only over the subject
matter thereof upon the approval of the records on appeal filed in due time and
the expiration of the time to appeal of the other parties.
5. In
either case, prior to the transmittal of the original record or the record on
appeal, the court
5.1.
may issue orders for the protection and
preservation of the rights of the parties which do not involve any matter
litigated by the appeal,
5.2.
approve compromises,
5.3.
permit appeals of indigent litigants,
5.4.
order execution pending appeal in accordance
with section 2 of Rule 39, and
5.5.
allow withdrawal of the appeal.
RULE 42 - PETITION
FOR REVIEW FROM THE REGIONAL TRIAL COURTS TO THE COURT OF APPEALS
How appeal taken; time for filing.—
1.
Verified petition for review with the Court of
Appeals – 15 days,
2.
Paying at the same time to the CA clerk of court
the corresponding docket and other lawful fees and costs, and
3.
Furnishing the Regional Trial Court and the
adverse party with a copy of the petition.
4.
Upon proper motion and the payment of the full
amount of the docket and other lawful fees and the deposit for costs before the
expiration of the reglementary period, the Court of Appeals may grant an
additional period of fifteen (15) days only within which to file the petition
for review.
5.
No further extension shall be granted
except for the most compelling reason and in no case to exceed fifteen (15)
days. (n)
Form and contents of Petition For Review.—
1. Verified petition seven (7) legible
copies,
2. With
the original copy intended for the court being indicated as such by the
petitioner,
3. Full
names of the parties to the case, without impleading the lower courts or
judges thereof either as petitioners or respondents;
4. Specific
material dates showing that it was filed on time;
5. Statement
of the maters involved,
6. Issues
raised,
7. Specification
of errors of fact or law, or both, allegedly committed by the Regional Trial
Court, and
8. Reasons
or arguments relied upon for the allowance of the appeal;
9. Accompanied
by clearly legible duplicate originals or true copies of the judgments or
final orders of both lower courts, certified correct by the clerk of court
of the Regional Trial Court, the requisite number of plain copies thereof and
of the pleadings and other material portions of the record as would support
the allegations of the petition.
10.
Verification and Anti-Forum Shopping Certification
under oath
11. Affidavit of Service – Adverse parties. Lower
Court.
12.
CD of pleadings and annexes (PDF format)
13.
Explanation
Action on the petition.—The Court of
Appeals may require the respondent to file a comment on the petition, not a
motion to dismiss, within ten (10) days from notice, or dismiss the petition if
it finds the same to be patently without merit, prosecuted manifestly for
delay, or that the questions raised therein are too unsubstantial to require
consideration. (n)
Contents of comment.— seven (7) legible copies,
1.
Accompanied by certified true copies of such
material portions of the record referred to therein together with other
supporting papers and
2.
State whether or not he accepts the statement of
matters involved in the petition;
3.
Point out such insufficiencies or inaccuracies
as he believes exist in petitioner’s statement of matters involved but without
repetition; and
4.
State the reasons why the petition should not be
given due course.
5.
A copy thereof shall be served on the
petitioner.
6.
Affidavit of Service.
7.
CD of pleading and annexes (PDF format).
8.
Explanation.
9.
Verification and AFS Certif optional/not
mandatory.
Due course.—If the Court of Appeals finds prima
facie that the lower court has committed an error of fact or law that will
warrant a reversal or modification of the appealed decision, it may accordingly
give due course to the petition.
Elevation of record.—Whenever the Court of Appeals
deems it necessary, it may order the clerk of court of the Regional Trial Court
to elevate the original record of the case including the oral and documentary
evidence within fifteen (15) days from notice.(n)
Perfection of appeal; effect thereof —
(a)
Upon the timely
filing of a petition for review and the payment of the corresponding docket and
other lawful fees, the appeal is deemed perfected as to the petitioner.
The Regional Trial Court loses jurisdiction over the case
upon the perfection of the appeals filed in due time and the expiration of the
time to appeal of the other parties.
However, before the Court of Appeals gives due course to
the petition, the Regional Trial Court 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 corn-promises, permit appeals of indigent
litigants, order execution pending appeal in accordance with section 2 of Rule
39, and allow withdrawal of the appeal.
(b)
Except in civil cases decided under the Rule on Summary Procedure, the appeal
shall stay the judgment or final order unless the Court of Appeals, the law,
or these Rules shall provide otherwise.
Submission for decision.—
If the petition is given due course, the Court of
Appeals may set the case
1.
For oral argument
2.
Or require the parties to submit memoranda
within a period of fifteen (15) days from notice.
RULE 43 - APPEALS
FROM THE COURT OF TAX APPEALS AND QUASI-JUDICIAL AGENCIES TO THE COURT OF
APPEALS
Scope.— Rule
43 applies to appeals from judgments or final orders of the:
1.
Court of Tax Appeals and
2.
Any quasi-judicial agency in the exercise of its
quasi-judicial functions.
2.1.
Civil Service Commission,
2.2.
Central Board of Assessment Appeals,
2.3.
Securities and Exchange Commission,
2.4.
Office of the President,
2.5.
Land Registration Authority,
2.6.
Social Security Commission,
2.7.
Civil Aeronautics Board,
2.8.
Bureau of Patents, Trademarks and Technology
Transfer,
2.9.
National Electrification Administration,
2.10.
Energy Regulatory Board,
2.11.
National Telecommunications Commission,
2.12.
Department of Agrarian Reform under Republic Act
No. 6657,
2.13.
Government Service Insurance System,
2.14.
Employees Compensation Commission,
2.15.
Agricultural Inventions Board,
2.16.
Insurance Commission,
2.17.
Philippine Atomic Energy Commission,
2.18.
Board of Investments,
2.19.
Construction Industry Arbitration Commission,
and
2.20. Voluntary
arbitrators authorized by law.
Cases not covered.— Rule 43 does not apply to
judgments or final orders issued under the Labor Code of the Philippines –
i.e., Labor Arbiter, NLRC En Banc/Division.
Period of appeal.— Fifteen (15) days.
1.
Only one (1) motion for reconsideration shall be
allowed.
2.
Pay the appeal docket fee with the CA.
3.
Court of Appeals may grant an additional period
of fifteen (15) days only within which to file the petition for review.
4.
No further extension shall be granted except for
the most compelling reason and in no case to exceed fifteen (15) days.
How appeal taken..— Verified petition for review
1.
Seven (7) legible copies with the Court of
Appeals,
2.
Proof of service of a copy thereof on the
adverse party and on the court or agency a quo.
3.
The original copy of the petition intended for
the Court of Appeals shall be indicated as such by the petitioner.
4.
Upon the filing of the petition, the petitioner
shall pay to the CA clerk of court the docketing and other lawful fees and
deposit for costs.
5.
Exemption from payment of docketing and other
lawful fees and the deposit for costs may be granted by the Court of Appeals
upon a verified motion setting forth valid grounds therefor. If denied,
must pay the docket fees/deposit w/in 15 days.
Contents of the Petition.—
1. Full
names of the parties to the case, without impleading the court or agencies
either as petitioners or respondents;
2. Specific
material dates showing that it was filed within the period fixed herein.
3. Concise
statement of the facts
4. Issues
involved
5. Grounds
relied upon for the review;
6. Accompanied
by a clearly legible duplicate original or a certified true copy of the
award, judgment, final order or resolution appealed from,
7. Certified
true copies of such material portions of the record referred to therein and
other supporting papers;
8. Verification
and AFS Certif.
9. Explanation
10.
CD of pleading and annexes (PDF format) –
not yet applied as of Dec. 27, 2013.
Action on the petition.—The Court of
Appeals may
1.
Require the respondent to file a comment on the
petition, not a motion to dismiss, within ten (10) days from notice,
2.
Or dismiss the petition if it finds the same
2.1.
to be patently without merit,
2.2.
prosecuted manifestly for delay,
2.3.
or that the questions raised therein are too
unsubstantial to require consideration.
Contents of Comment.— Seven (7) legible copies
1.
Accompanied by clearly legible certified true
copies of such material portions of the record referred to therein together
with other supporting papers.
2.
Point out insufficiencies or inaccuracies in
petitioner’s statement of facts and issues;
3.
State the reasons why the petition should be
denied or dismissed.
4.
A copy thereof shall be served on the
petitioner,
5.
Affidavit of service
6.
Explanation
7.
CD of pleading/annexes – not yet mandatory as of
Dec. 27, 2013.
Due course.—If the Court of Appeals finds prima
facie that the court or agency concerned has committed errors of fact or
law that would warrant reversal or modification of the award, judgment, final
order or resolution sought to be reviewed, it may give due course to the
petition; otherwise, it shall dismiss the same.
Factual Findings.
- The findings of fact of the court or agency concerned, when supported by
substantial evidence, shall be binding on the Court of Appeals.
Effect of appeal—The appeal shall not stay
the award, judgment, final order of resolution sought to be reviewed unless the
Court of Appeals shall direct otherwise upon such terms as it may deem just.
Remedy –
Integrate a motion for TRO in the petition for review.
Submission for decision.—If the petition is
given due course, the Court of Appeals may set the case for oral argument or
require the parties to submit memoranda within a period of fifteen (15) days
from notice.
PROCEDURE
IN THE COURT OF APPEALS
RULE
44 - ORDINARY APPEALED CASES
Appellant’s brief.—
Forty-five
(45) days to file from receipt of notice from CA. Seven
(7) copies. With
proof of service of two (2) copies thereof upon the appellee.
Appellee’s brief—Forty-five
(45) days from receipt of the appellant’s brief. Seven
(7) copies. With proof of service of two (2) copies thereof upon
the appellant.
Appellant’s reply brief.—Twenty
(20) days from receipt of the appellee’s brief. Answer points in the appellee’s
brief not covered in his main brief of appellant.
Time of filing memoranda in special
cases.—In certiorari, prohibition, mandamus, quo warranto
and habeas corpus cases, the parties shall file, in lieu of briefs,
their respective memoranda within a non-extendible period of thirty (30) days
from receipt of the notice issued by the clerk that all the evidence, oral and
documentary, is already attached to the record.
Failure of the appellant to file his memorandum within the
period therefor may be a ground for dismissal of the appeal.
Extension of time for filing
briefs.—Extension of time for the filing of briefs will
not be allowed, except for good and sufficient cause, and only if the motion
for extension is filed before the expiration of the time sought to be extended.
Contents of appellant’s brief.—
In
the order herein indicated:
(a)
A subject index of the matter in the
brief
>with a digest of the arguments
and page references, and
>table of cases alphabetically
arranged, textbooks and statutes cited with references to the pages where they
are cited;
(b)
Assignment of errors numbered consecutively;
(c)
“Statement
of the Case” - a clear and concise statement of
>nature
of the action,
>summary
of the proceedings,
>
appealed rulings and orders of the court,
>nature
of the judgment and
>any
other matters necessary to an understanding of the nature of the controversy,
>with
page references to the record;
(d)
“Statement of
Facts” –
>Facts
admitted by both parties
> Facts in
controversy,
> With
the substance of the proof relating thereto
> With
page references to the record;
(e)
Statement
of the issues of fact or law
(f)
“Argument”
–
>Appellant’s
arguments on each assignment of error
> With
page references to the record.
> The
authorities relied upon shall be cited by the page of the report at which the
case begins and the page of the report on which the citation is found:
(g)
“Relief” - a
specification of the order or judgment which the appellant seeks; and
(h)
Appellant’s
brief shall contain, as an appendix, a copy of the judgment or final order
appealed from.
Contents of appellee’s brief.— In
the order herein indicated, the following:
(a)
Subject
Index
(b)
“Statement of
Facts” - Appellee shall state that he accepts the statement of facts
in the appellant’s brief, or under the heading “Counter-Statement of Facts,”
he shall point out such insufficiencies or inaccuracies as he believes exist in
the appellant’s statement of facts with references to the pages of the record
in support thereof, but without repetition of matters in the appellant’s
statement of facts; and
(c)
“Argument” -
the
appellee shall set forth his arguments in the case on each assignment of error
with page references to the record.
> The authorities relied on shall
be cited by the page of the report at which the case begins and the page of the
report on which the citation is found.
Questions that may be raised on
appeal.- Appellant may include in his assignment of errors any
question of law or fact that has been raised in the court below and which is
within the issues framed by the parties.
Ø Note
- He cannot raise a new issue for the first time on appeal.
RULE
45 - APPEAL BY CERTIORARI TO THE
SUPREME COURT
Verified petition with Supreme Court.—
Appeal
by certiorari from a judgment or final order or resolution of
1.
Court of Appeals,
2.
the Sandiganbayan,
3. Regional Trial Court
4.
or
other courts whenever authorized by law
>Verified – jurat must cite
govt-issued ID
> AFS Certif. – jurat must cite govt-issued ID
> Raise only questions of law
> Explanation
> Affid. of Service – jurat must cite govt-issued ID
> CD of pleading and annexes (PDF format). May be
emailed to SC.
> IBP #, MCLE #, PTR #/date, IBP Chapter, Attys. Roll
No.
Time for filing; extension.—The
petition shall be filed within fifteen (15) days from notice of the
judgment or final order or resolution appealed from, or of the denial of the
petitioner’s motion for new trial or reconsideration filed in due time after
notice of the judgment.
On motion duly filed and served, with full payment of the
docket and other lawful fees and the deposit for costs before the expiration of
the reglementary period, the Supreme Court may for justifiable reasons grant an extension of thirty (30) days
only within which to file
the petition.
Contents of petition—Eighteen
(18) copies. Original copy intended for the court being indicated as such
by the petitioner.
1.
Full name of the appealing party as the
petitioner and the adverse party as respondent, without impleading the lower
courts or judges thereof either as petitioners or respondents;
2.
Material dates showing when notice of
the judgment or final order or resolution subject thereof was received, when a
motion for new trial or reconsideration, if any, was filed and when notice of
the denial thereof was received;
3.
Statement of the matters involved,
4.
Reasons or Arguments
relied on for the allowance of the petition;
5.
Accompanied by:
>a clearly legible duplicate
original, or a certified true copy of the judgment or final order or resolution
certified by the clerk of court of the court a quo and the requisite
number of plain copies thereof,
> and such material portions of
the record as would support the petition;
6.
Verification and AFS certification
Dismissal or denial of petition
by MINUTE RESOLUTION.—
1. failure
of the petitioner to comply with any of the requirements regarding
> payment of the docket and
other lawful fees, deposit for costs,
> proof of service of the
petition,
> the contents of petition
> the documents which should
accompany the petition
> The Supreme Court may on its
own initiative deny the petition on the ground that
·
the appeal is without merit,
·
is prosecuted manifestly for delay,
·
that the questions raised therein are
too unsubstantial to require consideration.
Review discretionary under Rule
45.—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. When allowed:
(a)
When the court a
quo has decided a question of substance, not theretofore determined by the
Supreme Court, or has decided it in a way probably not in accord with law or
with the applicable decisions of the Supreme Court; or
(b)
When the court a
quo has so far departed from the accepted and usual course of judicial
proceedings, or so far sanctioned such departure by a lower court, as to call
for an exercise of the power of supervision.
Pleadings and documents that may be
required; sanctions.—
1. Supreme Court may require or allow the
filing of such pleadings, briefs, memoranda or documents as it may deem
necessary within such periods and under such conditions as it may consider
appropriate.
2. It may impose the corresponding sanctions in
case of non-filing or unauthorized filing of such pleadings and documents or
noncompliance with the conditions thereof.
Due course; elevation of records.—If
the petition is given due course, the Supreme Court may require
the elevation of the complete record of the case or specified parts thereof
within fifteen (15) days from notice.
RULE
46 - ORIGINAL CASES (Court of
Appeals)
To what actions applicable.—This
Rule shall apply to original actions for certiorari, prohibition, mandamus
and quo warranto.
>Actions for annulment of judgment shall
be governed by Rule 47,
>Certiorari, prohibition and mandamus by
Rule 65,
>Quo warranto
by Rule 66.
Contents and filing of
petition; effect of non-compliance with requirements.—The petition shall
contain
1.
Full names and actual addresses of all
the petitioners and respondents,
2.
Concise statement of the matters
involved,
3.
Factual background of the case,
4.
Grounds relied upon for the relief
prayed for.
5.
In actions filed under Rule 65:
>material dates showing when
notice of the judgment or final order or resolution subject thereof was
received, when a motion for new trial or reconsideration, if any, was filed and
when notice of the denial thereof was received.
6.
Seven (7) clearly legible copies
7.
Affid. of service
8.
Original copy intended for the court
indicated as such by the petitioner
9.
Accompanied by:
> a clearly legible duplicate
original or certified true copy of the judgment, order, resolution, or ruling
subject thereof,
>such material portions of the
record as are referred to therein,
>and other documents relevant or
pertinent thereto.
10.
Verification
11. AFS Certif.
12. Pay the corresponding docket and
other lawful fees to the clerk of court and deposit the amount of P500.00 for
costs at the time of the filing of the petition.
Dismissal by minute resolution. - The failure of the petitioner
to comply with any of the foregoing requirements shall be sufficient ground for
the dismissal of the petition.
Effect of failure to file comment.—When
no comment is filed by any of the respondents, the case may be decided on
the basis of the record, without prejudice to any disciplinary action which the
court may take against the disobedient party.
RULE
50 - DISMISSAL OF APPEAL (Court of Appeals)
Grounds for dismissal of appeal—An
appeal may be dismissed by the Court of Appeals, on its own motion or on
that of the appellee, on the following grounds:
(a)
Failure of the
record on appeal to show on its face that the appeal was taken within the
period fixed by these Rules;
(b)
Failure to file
the notice of appeal or the record on appeal within the period prescribed by
these Rules;
(c)
Failure of the
appellant to pay the docket and other lawful fees as provided in section 4 of
Rule 41;
(d)
Unauthorized
alterations, omissions or additions in the approved record on appeal as
provided in section 4 of Rule 44;
(e)
Failure of the
appellant to serve and file the required number of copies of his brief or
memorandum within the time provided by these Rules;
(f)
Absence of
specific assignment of errors in the appellant’s brief, or of page
references to the record as required in section 13, paragraphs (a), (c), (d)
and (f) of Rule 44;
(g)
Failure of the appellant
to take the necessary steps for the correction or completion of the record
within the time limited by the court in its order;
(h)
Failure of the
appellant to appear at the preliminary conference under Rule 48 or to comply
with orders, circulars, or directives of the court without justifiable cause;
and
(i)
The fact that order or judgment appealed from is not appealable.
Dismissal of improper appeal to the
Court of Appeals
1. An
appeal under Rule 41 taken from the Regional Trial Court to the Court of
Appeals raising only questions of law shall be dismissed, issues purely of
law not being reviewable by said court.
Ø Use
Rule 45 – petition for review on certiorari directly to the SC. – pure
questions of law.
2. An
appeal by notice of appeal instead of by petition for review from the appellate
judgment of a Regional Trial Court shall be dismissed.
3. An
appeal erroneously taken to the Court of Appeals shall not be transferred to
the appropriate court but shall be dismissed outright.
PROCEDURE IN THE
SUPREME COURT
RULE 56 - ORIGINAL
AND APPEALED CASES
A. Original Cases
Original cases cognizable.—
1. Certiorari,
prohibition, mandamus,
2. quo
warranto,
3. habeas
corpus,
4. disciplinary
proceedings against members of the judiciary and attorneys,
5. and
cases affecting ambassadors, other public ministers and consuls may be filed
originally in the Supreme Court.
B. Appealed Cases
Mode of appeal—An appeal to the Supreme
Court may be taken only by a petition for review on certiorari,
>except in criminal cases where the penalty imposed is
1.
death – automatic review,
2.
reclusion perpetua or life imprisonment –
notice of appeal to the CA (not SC, PP v. Mateo).
Grounds for dismissal of appeal.—The appeal
may be dismissed motu proprio or on motion of the respondent:
(a) Failure to take the appeal within the
reglementary period;
(b) Lack of merit in the petition;
(c)
Failure to pay the requisite docket fee and other lawful fees or
to make a deposit for costs;
(d) Failure to comply with the requirements
regarding proof of service and contents of and the documents which should
accompany the petition;
(e) Failure to comply with any circular, directive or
order of the Supreme Court without justifiable cause;
(f) Error in the choice or mode of
appeal; and
(g) The fact that the case is not appealable
to the Supreme Court.
Disposition of improper appeal.—
1.
Except as provided in section 3, Rule 122
regarding appeals in criminal cases where the penalty imposed is death, reclusion
perpetua or life imprisonment, an appeal taken to the Supreme Court by
notice of appeal shall be dismissed.
2.
An appeal by certiorari taken to the Supreme
Court from the Regional Trial Court submitting issues of fact may be
referred to the Court of Appeals for decision or appropriate action. The
determination of the Supreme Court on whether or not issues of fact are
involved shall be final.
Procedure if opinion is equally divided.—Where the
court en banc is equally divided in opinion, or the necessary majority
cannot be had:
1.
the original action commenced in the court shall
be dismissed;
2.
in appealed cases, the judgment or order
appealed from shall stand affirmed;
3.
and on all incidental matters, the petition or
motion shall be denied.
Note - Majority vote of SC Division/En Banc needed to
reverse decisions and rulings of lower courts.
