JUDGMENT
The final determination by a court of the rights of the parties in a case submitted before it.
RENDITION OF JUDGMENT AND FINAL ORDERS.
A judgment or final order determining the merits of the case shall be:
1. In writing
2. Personally and directly prepared by the judge
3. Stating clearly and distinctly the facts and the law on which it is based 4. Signed by him
5. Filed with the clerk of court
PROMULGATION – the process by which a decision is published, officially announced, made known to the public or delivered to the clerk of court for filing, coupled with notice to the parties or their counsel.
RENDITION OF JUDGMENT – filing of the decision signed by the judge with the clerk of court.
Q: What are the essential requisites of a valid judgment?
A: The court rendering the judgment must have jurisdiction over the subject matter of the case and over the person of the plaintiff and defendant, or over the res, in an action in personam or quasi in rem.
Q: What is a sin perjuicio judgment?
A: It is a judgment without a statement of the facts in support of its conclusions.
Such a judgment is void for it violates Section 14, Article viii of the Constitution.
Thus, the party adversely affected would be unable to file a motion for reconsideration or appeal the judgment for he has to speculate on the grounds upon which the judge based his decision.
Indispensable parties should have been impleaded.
Section 2. Entry of Judgment and Final Order.
The date of the finality of the judgment or final order shall be deemed to be the date of its entry.
The judgment or final order shall be entered by the clerk in the book of entries of judgments if no appeal or motion for new trial or reconsideration is filed within 15 days.
Q: What is the Importance of the Date of Entry?
A:
1. It is the starting point of the 6-month period for filing a petition for relief (Sec. 3 Rule 38),
2. The 5- year period for filing a motion for execution (Sec. 6 Rule 39), and
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3. The 10-year period for filing an action for revival of judgment (Art. 1144 Civil Code; Riguera 2015).
APPEAL ON SEPARATE OR SEVERAL JUDGMENTS
Section 4. Several Judgment Q: What is a several judgment?
A: It is a judgment rendered by a court in
an action against several
defendantswhere the court renders judgment against one or more of them, leaving the action to proceed against the others.
Q: What is a separate judgment?
A: It is a judgment rendered by a court in an action wherein more than one claim for reliefis presented and where the court renders a separate judgment disposing of a claim or some of them but allowing the action to proceed against the remaining claims.
General Rule: Appeal on either is not allowed.
Exception: Unless allowed by the court under Rule 41,Sec.1(g).
PARTIAL SUMMARY JUDGMENT
SEPARATE JUDGMENT
Governed by
Section 4, Rule 35. Governed by Section 5, Rule 36.
Presupposes that a
motion for
summary judgment has been filed.
Not applicable to a summary judgment.
Interlocutory order Judgment or final order
Cannot be
appealed until after judgment in the entire case has been rendered.
As a rule not appealable while the main case is pending, unless the court allows
an appeal
therefrom.
(Section 1(f) Rule 39)
WHERE AN APPEAL IS ALLOWED:
1. Shall be taken by filing a notice of appeal
2. Record on appeal
3. Within 30 days from notice of the order allowing the appeal
Refer to Rule 41, Sec.3 (Riguera, 2014).
Section 6. Judgment against Entity Without Juridical Personality.
The judgment shall set out their individual or proper names if known.
WHEN A JUDGMENT OR FINAL ORDER BECOMES FINAL AND EXECUTORY (RULE 39, SEC.1)
1. Upon the expiration if the period to appeal
2. No appeal has been perfected
DOCTRINE OF IMMUTABILITY OF JUDGMENTS
Sometimes referred to as “conclusiveness of judgments,” “preclusion of issues” or
“collateral estoppels” (Riano, 2014).
General Rule: Once judgment becomes final and executory, the judgment can no longer be disturbed.
Exceptions:
1. Clerical errors or mistake
2. Nunc Pro Tunc entries which cause no prejudice to any party
3. Void Judgments
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Reasons:
1. To avoid delay in the administration of justice
2. To put an end to judicial controversies (Riano, 2014).
EFFECTS OF FINALITY OF JUDGMENT 1. The prevailing party is entitled to have
the judgment executed, as a matter of right and the issuance of the corresponding writ of execution becomes a ministerial duty of the court.
2. The court rendering the judgment loses jurisdiction over the case so that it can no longer correct the judgment in substance, except clerical errors and omissions due to inadvertence or negligence.
3. Res judicata supervenes.
Post-Judgment Remedies
Remedies against Judgment or Final Orders
A. Before Finality
1. Motion for New Trial or Reconsideration (Rule 37)
2. Appeal B. After Finality
1. Relief from judgment (Rule 38) 2. Annulment of judgment (Rule 47) 3. Special civil action for certiorari
(Rule 65)
The power to amend a judgment is inherent to the court before judgment becomes final and executor.
MEMORANDUM DECISION
A decision of appellate court which adopts the true findings of fact and conclusion of the trial court if it is affirming the latter’s decision.This is allowed only in simple cases.
I. BEFORE FINALITY
A. Motion for New Trial or Reconsideration
New Trial – the rehearing of case already decided by the court but before the judgment rendered becomes final and executor, whereby:
1. Errors of law or irregularities are expunged from the record 2. New evidence is introduced 3. Bothe steps are taken.
When Required
A motion for reconsideration is a condition precedent: (CLAN)
1. In cases for legal separation, annulment, and declaration of nullity 2. In cases involving custody of minors
under the SC Rules on Cases Involving Custody of Minors and Habeas Corpus issued in relation thereto (Riguera 2013).
When Prohibited
A motion for new trial or reconsideration is prohibited: (SISE)
1. Under Rules on Summary Procedure 2. Cases governed by the Rules of
Procedure on Intra-Corporate Disputes
3. Cases governed by Rules of Procedure for Small Claims Cases
4. Ejectment Cases (Riguera 2013).
RULE 37
NEW TRIAL OR
RECONSIDERATION
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Section 1. Grounds for New Trial.
(FAME-N)
1. Fraud, Accident, Mistake or Excusable negligence, which ordinary prudence could not have guarded against and by reason of which the aggrieved party has probably impaired in his rights.
FRAUD - As a ground for new trial, must be extrinsic or collateral, that is, it is the kind of fraud which prevented the aggrieved party from having a trial or presenting his case to the court, or was used to procure the judgment without fair submission of the controversy (Regalado).
TWO KINDS OF FRAUD
a. Extrinsicfraud is
thedeceptionortrickerybywhichtheagg rievedpartywaspreventedfromhavingtri alorpresentinghiscasebeforethecourt(
Riguera2013).
Example: Prevent witness from testifying.
b. Intrinsic Fraud refers to acts of a party during the trial which does not affect the presentation of the case.
Example: Presentation of a forged promissory note.
ACCIDENT - An event that takes place without one’s foresight or expectation. It is similar to the concept of fortuitous event in civil law. (Riguera 2015)
Example: A party, after being hit with a car, fails to attend the trial.
MISTAKE - refers to mistakes of fact or law where, in good faith, the defendant was misled in a case
Example: A party, relying upon a compromise, fails to answer and was declared in default.
EXCUSABLENEGLIGENCE– The
failuretotaketheproperstepsattheproperti mewithoutcarelessness,inattention,orwillf uldisregardoftheparty,whichdependsupon circumstancesofthecase.
2. Newly Discovered Evidence (NDE), which he could not, by reasonable negligence, have discovered and produced at trial, and which if presented, would have probably altered the result.
Requisites of NDE (The Berry Rule):
a. It is discovered after trial
b. It could not have been discovered and produced at trial despite exercise of reasonable diligence c. It must be material and not merely
collateral or cumulative or corroborative, or purely for impeaching a witness
d. If presented, it could probably alter the result of the action.
(Berry v State of Georgia, 1851).
Newly discovered evidence need not be newly created evidence. It commonly refer to evidence already in existence prior or during trial but which could not have been secured and presented during trial despite reasonable diligence on the part of the litigant (Tumang v CA, GR No.82346-47, 1989).
Motion for New Trial on Appeal. (Rule 53, Sec.1)
Atany timeaftertheappeal
fromthelowercourthasbeenperfectedandbe foretheCourtofAppealslosesjurisdictionove rthecase,apartymayfileamotionfornewtrial onthegroundofnewlydiscoveredevidencew hichcouldnothavebeendiscovered priorto
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thetrialinthecourtbelowbytheexerciseofdu ediligenceandwhichisofsuchcharacter aswouldprobablychangetheresult(Riguera, 2013).
Motion for New Trial in SC
General Rule: In civil cases, a motion for new trial may not be filed with the SC.
Such remedy is not provided under the Rules of Court.
Exception:Exceptional circumstances, SC may take cognizance of factual issues by virtue of its plenary judicial power (Riguera, 2013, citing Feria, 1997 Rules of Civil Procedure 201, 1997).
Q: What are the grounds for motion for reconsideration? (ICE)
A:
1. The damages awarded are excessive 2. The device is insufficient to justify the
decision or final order
3. The decision or final order is contrary to law.
MOTION FOR NEW TRIAL
MOTION FOR RECONSIDERATION Grounds: FAME and
NDE Grounds: ICE
Second motion for new trial may be allowed.
Second MR is
prohibited.
If new trial is granted, the court will set aside the judgment or final order.
Recorded evidence taken upon the former trial, if
material and
competent to
establish the issues, shall be used at the
If the court finds that excessive damages have been awarded or that the judgment or final order is contrary to the evidence or law, it may amend such judgment
or final order
accordingly.
new trial without retaking the same.
When to File
Motion for new trial or reconsideration must be filed within 15 days from notice of judgment and resolved by the court within 30 days from submission for resolution.
Section 2. Contents of Motion for New Trial (WAS)
1. The motion shall be in writing 2. State the grounds: (FAME-N) 3. A motion based on:
a. FAME shall be supported by an Affidavit of Merits
b. NDE shall be supported by:
i. Affidavits of the Witnesses by whom such evidence is expected to be given,
ii. Duly authenticated documents which are proposed to be introduced in evidence (Riguera,Primer-Reviewer on Remedial Law, 2015).
Affidavit of Merits: (FEN)
1. Nature and character of FAME on which it is based
2. Facts constituting the movant’s good and substantial cause of action or defense
3. Evidence he intends to present if the motion is granted, which evidence must be such as to warrant a reasonable belief that the result of the case would probably be different, if new trial were conducted (Riguera, 2013).
Section 2. Contents of a Motion for Reconsideration
1. Specifically point out the findings or conclusions of the judgment which are unsupported by evidence or contrary to law
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2. With express reference to the testimonial or documentary evidence or provisions of law alleged to be contrary to such findings.
Pro forma Motion – A motion without affidavit of merits. It is considered as a mere scrap of paper. This motion shall not toll the period for appeal.
Section 4. Resolution of Motion
A motion for new trial or reconsideration must be resolved within 30 days from the time it is submitted for resolution.
Section 5.Second Motion for New Trial.
Second motion for new trial must be based on a ground not existing or available when the first motion was made, which may be filed during the remainder of the 15-day period.
Note: No second motion for reconsideration allowed.
Section 6. Grant of Motion; Effect.
1. Motion for New Trial
1. FAME – there will be trial de novo 2. NDE:
a. No trial de novo
b. Evidence admitted based on same decision will remain c. Case will be opened only for the
purpose of admitting the new evidence
2.Motion for Reconsideration 1. No trial de novo
2. Court will amend its judgment Section 7. Motion for Partial New Trial or Partial Reconsideration.
Party is questioning only one aspect or portion of the case; therefore, the rest can become final while the disputed portion does not become final.
REMEDY WHEN THE MOTION IS DENIED, FRESH 15-DAY PERIOD RULE The remedy is appeal from the judgment or final order.
Neypes Rule or Fresh Period Rule The aggrieved party has a “fresh period”
of 15 days from the denial of motion for reconsideration or new trial within which to file his appeal. This applies to Rules 40, 41, 42, 43 and 45 (Neypes v CA, GR No. 141524, 2005).
Fresh period rule is a period within which to appeal from the judgment itself.
It is because an order denying a motion for reconsideration is not appealable (Riano, p. 433).
FRESH PERIOD RULE
Q:Petitioner filed a complaint in DARAB-PARAD for ejectment with damages against respondent. DARAB rendered a decision in favor of the petitioner. San Miguel filed a petition for certiorari arguing that the DARAB Rules of Procedure adopted the “fresh period rule”
of 15 days within to file a notice of appeal.
Which is the correct rule in filling a notice of appeal?
A: The SC ruled that “All cases pending with the Board of Adjudicators, prior to the effectivity of 2009 DARAB Rules of Procedure shall be governed by the prevailing rule at the time of their filing.
The old rule shall not be less than 5 days in any event, reckoned from the receipt of the notice of denial and a fresh 15 days period under the new rule. [Milagrosa Jocson vs. Nelson San Miguel, Mar. 9, 2016]
Purposes:
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1. To standardize the appeal periods provided in the rules
2. To afford litigants fair opportunity to appeal their cases.
When Applicable
The fresh period of 15 days becomes significant only when a party opts to file a motion for new trial or reconsideration (Riano, Civil Procedure, 2007 Edition, p.
358).
Retroactive Effect
The "fresh period" rule has a retroactive application to cases pending and undetermined upon its effectivity.
General Rule: The procedural laws may be given retroactive effect to actions pending and undetermined at the time of their passage, there being no vested rights in the rules of procedure.
Note: Amendments to procedural rules are procedural or remedial in character as they do not create new or remove vested rights, but only operate in furtherance of the remedy or confirmation of rights already existing (Riano 2011).
Motion for Extension of Time to File Motion for New Trial or
Reconsideration
May be filed only in connection with the cases pending before the Supreme Court.
No such motion may be filed before any lower court (Riguera 2013, citing Fernandez v CA, 2005).
Appeals In General APPEAL
A proceeding by which a party seeks from a higher court the review of a judgment or
final order of a lower court on the ground that the judgment or final order is against the evidence or the law (Riguera 2015).
The right to appeal is neither a natural right nor a part of due process; it is merely a statutory privilege, and may be exercised only in the manner and in accordance with the provisions of law.
WHERE MULTIPLE APPEALS ARE ALLOWED
1.Special proceedings
2.Actions for recovery of property with accounting
3.Actions for partition of property with accounting
4.Special civil actions of eminent domain 5.Foreclosure of mortgage
6.Judgment for or against one or more several defendants, leaving the action to proceed against the others when allowed by the court.
Multiple appeals are allowed in one case 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 final.
In criminal cases in which the penalty imposed is death or life imprisonment, the appeal to the Supreme Court is by ordinary appeal on both questions of fact and law.
However, in People v. Mateo (G.R. Nos.
147678-87, July 7, 2004 and A.M. 04-9-05-SC, Sept. 14, 2004), such cases shall be appealed to the CA for intermediate review.
Under the Memorandum issued by the Supreme Court, the Regional Trial Court has jurisdiction over intra-corporate
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disputed and rehabilitation of corporation.
Material Data Rule; Effect of Absence Therecordonappealshouldcontaindataasw
Judgments and Final Orders Subject To Appeal
MATTERS NOT APPEALABLE
General Rule:
A party may file a Special Civil Action for Certiorari or Prohibition if there is lack or excess of jurisdiction or grave abuse of discretion or Mandamus if there is no performance of duty
MODES OF APPEAL
1. Ordinary Appeal – The appeal to the CA in cases decided by the RTC 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.
2. Petition for Review – The appeal to the CA in cases decided by the RTC in the exercise of its appellate jurisdiction shall be by petition for review in accordance with Rule 42.
3. Appeal by Certiorari - cases where only questions of law are raised or involved, the appeal shall be to the SC by petition for review on certiorari in accordance with Rule 45 (Rule 41, Sec. 2). Jurisdiction of the Lower Court Decided by
Certiorari with
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Issues to Be Raised On Appeal
General Rule: Only questions of law or
1. Those assigned as errors
2. Those closely related to or dependent on an assigned error
3. Those which affect subject matter jurisdiction of the court or the validity of the judgment
4. Plain and clerical errors (Riguera 2015).
To Whom Binding
General Rule: The reversal of a judgment on appeal is binding only to the parties in the appealed case and does not affect those who are not parties to the appeal.
Exception: In cases where the rights of the parties are interwoven and dependent on each other and cannot be separated.
Period of Appeal