Civil Procedure

• The date of the finality of judgement shall be deemed to be the date of its

  entry
• Post Judgement Remedies


  Remedies before a judgment becomes final and executory and Remedies after a judgment becomes final and executory
• Remedies BEFORE a judgment becomes final and executory


  Motion for Reconsideration; Motion for New Trial and Appeal
• Remedies AFTER the judgement becomes final and executory

  1. Petition for relief from judgment
  2. Action to annul judgment
  3. Petition for Certiorari
  4. Collateral Attack of a judgment
• When is judgment considered final and executory?


  Upon the lapse of the period to file a notice of appeal. AND in case the appeal is granted, upon the appeal has been resolved.
• Filing an MR is prohibited in:

  1. Summary Procedure
  2. Small Claims
  3. Unlawful Detainer
  4. Forcible Entry
• When should you file an MR

  During the period of appeal. There are two kinds of appeal: 1. Notice of Appeal and 2. Record of Appeal. In the Notice of Appeal, the period shall be in 15 days but in the Record of Appeal it shall be 30 days. Record of Appeal applies only to special proceedings and in cases of multiple appeals
• Motion for Reconsideration Grounds

  1. Damages are excessive
  2. Evidence is insufficient to justify decision
  3. Decision is contrary to law
• Additional Grounds for MR

  • The motion to SPECIFICALLY point out the findings or conclusions of the judgment or final order which are not supported by the evidence or which are contrary to law.
  • Make express reference to the testimonial or documentary evidence or the provisions of law alleged to be are contrary to such findings or conclusions
• Pro Forma Motion

  A motion which does not satisfy the requirements of the rules and will be treated as a motion intended to delay the proceedings.
• Motion for Reconsideration shall be solved in

  30 days
• If the MR was denied, what is the remedy

  Appeal FROM THE JUDGEMENT OR the FINAL order and not against the order denying the MR
• Fresh Period Rule

  The movant has a fresh period of 15 days from notice of the order of the judgement denying the motion to reconsideration or motion for new trial
• What is the effect in case the MR has been granted

  The amended judgement will now be considered as new judgment
• Can there be a partial reconsideration of the MR?

  Yes, the court may order the grant of the MR as to such issues, if severable without interfering with the judgment or final order upon the rest.
• Single Motion Rule

  No party shall be allowed to file an MR twice of a judgment or a final order
• Motion for New Trial


  A new trial is a remedy that seeks to temper the severity of a judgment or prevent a failure of justice.
• When to file a motion for new trial?

  Within the period of taking an appeal.
• Can a motion for extension of time to file a motion for new trial

  No.
• Grounds for a motion for new trial

  1. FAME
  2. 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)
  3. affidavit of merit (affidavits of the witnesses by whom such evidence is expected to be given or by duly authenticated documents which are proposed to be introduced in evidence
• Requisites for newly-discovered evidence

  • evidence was discovered after trial
  • evidence could have been discovered and produced during the trial even with the exercise of reasonable diligence
  • a material that is not merley cumulative, corroborative, or impeaching
  • the weight of the evidence could have altered the judgment if admitted
• Trial de Novo


  When the Motion for New Trial has been granted, the original judgment shall be vacated
• May there be a partial motion for new trial

  Yes, same as with the motion for reconsideration
• Is a second motion for new trial allowed by the Rules of Court?

  Yes only to the extent where the ground for new trial was not existing or available when the first motion was made
• A party may file a motion for new trial on the ground of newly discovered evidence, at any time after the appeal from a lower court before the CA loses its jurisdiction
• Appeals


  remedy available to a litigant, seeking to MODIFY or REVERSE a judgment on the merits of the case
• What is an APPEAL used to?

  Use to correct judgments of a lower court or tribunals SUCH as errors in the application of the rules on evidence, in the appreciation of the credibilty of the witnesses or in the application of the facts of the case.
• Appeal is not designed to correct acts constituting grave abuse of discretion amounting to lack of jurisdiction or other errors of jurisdiction of the court
• Errors of jurisdiction are correctible by certiorari and basic procedural rule is that errors of judgment correctible by appeal
• Where an appeal is available, certiorari will not prosper.
• certiorari: a writ or order by which a higher court reviews a case tried in a lower court, and is available only when there is no appeal.
• Requirement of paying the full amount of docket fees within the prescribed period is mandatory for the perfection of an appeal.
• Only final orders and judgments are appealable in order to avoid multiplicity of suits
• Judgement or Order that are not appealable

  1. any similar motion seeking relief from judgment
  2. interlocutory order
  3. order disallowing or dismissing an appeal
  4. denying a motion to set aside a judgment on the ground of fraud, mistake or duress, or any other ground vitiating consent
  5. order of execution
  6. a judgment or final order against one more several parties or in a seperate claim or other kinds of the same.
• Modes of appeal

  • Ordinary appeal
  • Petition for review
  • Petition for review on certiorari
• Ordinary appeal - Rule 40


  1. The MTC rendered a judgment in the exercise of its original jurisdiction

  2. The notice of appeal OR the notice of appeal and record on appeal, in case multiple appeals are allowed, must be filed with the MTC

  3. The appellate court is the RTC
• Ordinary appeal - Rule 41


  1. The RTC rendered a judgment in the exercise of its original jurisdiction

  2. The notice of appeal OR the notice of appeal and record of appeal, in case multiple appeals are allowed, must be filed with the RTC

  3. The appellate court is the CA
• Petition for review - Rule 42


  1. The MTC rendered a judgment in the exercise of its original jurisdiction

  2. The aggrieved party filed a notice of appeal or record on appeal, in case multiple appeals are allowed, with the MTC

  3. The RTC rendered a judgment in the exercise of its appellate jurisdiction

  4. The aggrieved party may file a petition for review under Rule 42 with the CA

  5. The appellate court is the CA
• Petition for review - Rule 43

  1. The quasi-judicial agency, such as the Civil Service Commission, rendered a judgment

  2. The aggrieved party may file a petition for review under Rule 43 with the CA

  3. The appellate court is the CA
• Petition for review on certiorari - Rule 45


  1. The MTC rendered a judgment in the exercise of its original jurisdiction

  2. The aggrieved party filed a notice of appeal and record on appeal, in case multiple appeals are allowed, with the MTC

  3. The RTC rendered a judgment in the exercise of its appellate jurisdiction

  4. The aggrieved party may then file a petition for review under Rule 42 with the CA

  5. The CA rendered a judgment dismissing the petition

  6. The aggrieved party may file a petition for review on certiorari under Rule 45 with the SC

  7. The appellate court is the SC