Rule 35 - 65

• Summary Judgment


  When a responsive pleading has been filed, but it did not establish a genuine issue
• What triggers a summary judgment is the absence of genuine issue of fact
• Issues are joined


  The responsive pleading is filed, but the allegations do not establish a real and genuine factual issue (e.g. the issue is sham, fictitious, and patently unsubstantial)
• Filing a motion for summary judgment

  1. Party seeking to recover upon a claim, counterclaim, or cross-claim or to obtain a declaratory relief may file the motion

  2. Party against whom a claim, counterclaim, or cross-claim is asserted or a declaratory relief is sought may file the motion
• Motion and proceedings for summary judgment

  1. Motion shall be served at least 10 days before hearing

  2. Adverse party may serve opposing affidavits, depositions, or admissions at least 3 days before hearing

  3. Judgment shall be rendered forthwith if there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law
• 2019 Amendments to summary judgment motion

  1. Motion must cite the supporting affidavits, depositions or admissions, and the specific law relied upon

  2. Adverse party may file a comment and serve opposing affidavits, depositions, or admissions within 5 calendar days

  3. Hearing is optional to the court

  4. Court's action on the motion is not subject to appeal or petition for certiorari, prohibition or mandamus
• Post Judgment Remedies (After Judgment is Final)

  • Petition for relief from judgment
  • Annulment of judgment
  • Certiorari
  • Collateral attack
• Grounds for New Trial

  • Fraud, accident, mistake or excusable negligence which ordinary prudence could not have guarded against and by reason of which such aggrieved party has probably been impaired in his rights
  • Newly discovered evidence, which he could not, with reasonable diligence, have discovered, and produced at the trial, and which if presented would probably alter the result
• When to file Motion for New Trial

  1. Within the period for taking an appeal

  2. Within 15 days from notice of judgment or final order (if appeal is by notice of appeal)

  3. Within 30 days from notice of judgment or order (if record on appeal is required)
• Fraud (in Motion for New Trial)


  Extrinsic fraud, that is, deception or trickery by which the aggrieved party was prevented from having his day in court or presenting his case before the court (distinguished from intrinsic fraud which involves the presentation of false or perjured testimony)
• Accident (in Motion for New Trial)


  Something which ordinary prudence on the part of party or counsel could not have guarded
• Mistake (in Motion for New Trial)


  If a party, because of a pending compromise agreement believed in good faith that it was not necessary for him to answer, appear at the trial and put up a defense
• Error or mistake committed by counsel is not a ground for new trial, as the client is bound by the action of his counsel
• An exception is when the negligence of the counsel is so gross that the client was deprived of his day in court
• Requisites for Newly Discovered Evidence

  • Evidence must be discovered after trial
  • Such evidence could not have been produced during trial even with exercise of reasonable diligence
  • Evidence is material not merely cumulative, corroborative or impeaching
  • The evidence would have change the result of the case
• Filing of Motion for New Trial interrupts the period to appeal
• If the motion for new trial is denied, the remedy is an appeal from the judgment or final order
• "Fresh Period" or "Neypes Rule"


  If the motion is denied, the movant has a fresh period of 15 days from receipt of the notice of denial within which to file the notice of appeal
• Motion for new trial may be filed in the Court of Appeals
• Grounds for Motion for Reconsideration

  • Damages awarded are excessive
  • Evidence is insufficient to justify the decision
  • Decision or final order is contrary to law
• When to file Motion for Reconsideration

  1. Within the period for taking an appeal

  2. Within 15 days from notice of judgment or final order (if appeal is by notice of appeal)

  3. Within 30 days from notice of judgment or order (if record on appeal is required)
• Filing of Motion for Reconsideration interrupts the period to appeal
• Neypes Rule also applies in Motion for Reconsideration
• New trial/Motion for Reconsideration not allowed in cases covered by Rules on Summary Procedure, Small Claims, and environmental cases (except in highly meritorious cases or to prevent miscarriage of justice)
• What may be appealed

  • Judgment
  • Final order
• Judgments or Orders not Appealable

  • Order denying a petition for relief or any similar motion seeking relief from judgment
  • Interlocutory order
  • Order disallowing or dismissing an appeal
  • 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
  • Order of execution
  • 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
  • Order dismissing an action without prejudice
• For judgments or orders not appealable, the aggrieved party may file an appropriate special civil action under Rule 65
• Appeal Routes


  • MTC, MCTC, MTCC, METC to RTC (Rule 40)
  • RTC to CA (Rule 41 & 42)
  • Quasi-Judicial Agencies to CA (Rule 43)
  • RTC to SC (Rule 45)
  • CA to SC
• Ordinary Appeal


  • Appeal from MTC to RTC (Rule 40)
  • Appeal from RTC to CA (Rule 41)
• Petition for Review


  Appeal from Quasi-Judicial Agencies to CA (Rule 43)
• Petition for Review / Appeal by Certiorari

  Appeal from RTC to SC (Rule 45)
• Appeal from MTC to RTC (Rule 40)

  1. Where to appeal: From MTC to RTC exercising jurisdiction over the area

  2. When to appeal: Within 15 days after notice of judgment/order (or 30 days if record on appeal is required)

  3. How to appeal: File notice of appeal with the MTC, indicate parties, judgment/order appealed, and timeliness

  4. Perfection of appeal: By filing notice of appeal in due time (or approval of record on appeal in due time)

  5. Effect of perfection: Court loses jurisdiction over the case (or over the subject matter)
• Appeal from RTC to CA (Rule 41)

  1. Modes of appeal: Ordinary Appeal, Petition for Review

  2. Ordinary Appeal: File notice of appeal with RTC

  3. Petition for Review: Follow requirements under Rule 42 or Rule 43
• Prior to the transmittal of the original record or the record on appeal, the court may

  1. Issue orders for the protection and preservation of the rights of the parties which do not involve any matter litigated by the appeal

  2. Approve compromises

  3. Permit appeals of indigent litigants

  4. Order execution pending appeal in accordance with Section 2 of Rule 39

  5. Allow withdrawal of the appeal
• RULE 41 Appeal from RTC
• Modes of Appeal


  • Ordinary Appeal
  • Petition for Review
  • Appeal by certiorari
• 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.
• 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.
• 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.
• Problem


  1. A filed an unlawful detainer case against B with the Municipal Trial Court. After due proceedings, the MTC rendered a decision in favor of B. A appealed the decision to the RTC by notice of appeal. The RTC rendered a decision in favor of A.

  2. B wants to appeal the decision of the RTC. Where will he file his appeal? And under what mode?