guide to appellate pleadings

8/17/2019 Guide to Appellate Pleadings

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Guide to Appellate Pleadings

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 particularmatter therein when declared by these Rules to be appealable.

No appeal may be taken from:


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(a) An order denying a motion for new trial or reconsidera¬tion;

(b) An order denying a petition for relief or any similar motionseeking 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 ofseveral 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


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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 itsappellate 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.


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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 theexhibit 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 mustcontain 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 theappellee, 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)


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Joint record on appeal. — Where both parties are appellants, they

may file a joint record on appeal within the time fixed by section3 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 theapproval 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 timeto 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.


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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 thecorresponding 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 withinwhich 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;


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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, and8. 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 therespondent 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


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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 withoutrepetition; 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.


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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 orderunless the Court of Appeals, the law, or these Rules shall

provide other¬wise.

Submission for decision. —

If the petition is given due course, the Court of Appeals may set

the case1. 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


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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.


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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 Appealsupon averified 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;


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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 recordreferred 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 may1. 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


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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



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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 theappellee’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.


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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,


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>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 thereport 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:


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(a) Subject Index

(b) “Statement of Facts” - Appellee shall state that he acceptsthe 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 therecord.

> 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 includein 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.

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


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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


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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 finalorder 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


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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


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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 sanctionedsuch 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

non¬compliance 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


RULE 46 - ORIGINAL CASES (Court of Appeals)

To what actions applicable. — This Rule shall apply to original

actions forcertiorari, prohibition, mandamus and quo warranto.


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>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 finalorder 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,


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>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 tocomply 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 whichthe 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:


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(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


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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.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.


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B. Appealed Cases

Mode of appeal — An appeal to the Supreme Court may be taken

only by apetition 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. —


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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

Courtby 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 offact 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.


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guide to appellate pleadings

Documents