Q: What may be the subject of an appeal under Rule 41?
A: 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 the Rules to be appealable (Section 1, Rule 41). Q: When does Rule 41 on Ordinary Appeal apply? A: Rule 41 applies to appeals from the judgment or final orders of the RTC in the exercise of its original jurisdiction (Section 2a, Rule 41).
Q: Discuss the procedure of appeal from decisions RTC to the CAunder Rule 41?
A:
Note: In petitions for certiorari, prohibition,
mandamus, quo warranto and habeas corpus cases, briefs are not filed. Instead the parties shall file their memoranda within a non- extendible period of 30 days from the receipt of notice that all the evidences are already attached to the record (Sec 10, Rule 44).
Q: What is the title of the case when appealed to the CA under Rule 41?
A: In all cases appealed to the CA under Rule 41, the title of the case shall remain as it was in the court of origin but the party appealing the case shall be referred to as the appellant and the adverse party appellee (Sec 1. Rule 44).
Q: Distinguish a brief from a memorandum. A:
Brief Memorandum
Ordinary appeals
Certiorari, prohibition, mandamus, quo warranto and habeas corpus cases
Filed within
45 days Filed within 30 days Contents
specified by rules
Shorter, briefer, only one issue involved – No subject index or assignment of errors, just facts and law
applicable Appeal the decision of the RTC by filing notice of
appeal within 15 days or 30 days where a record on appeal is required from receipt of judgment
Copies of the notice, and record on appeal when required, shall be served on the adverse party.
Within 30 days after perfection of the appeals, the RTC clerk shall verify the records and transmit the same to the appellate court and shall furnish the
parties with copies of his letter of transmittal of the records to the appellate court
.
Upon receipt of the original records and documents and upon payment of docket fees, the clerk of court of the CA shall docket the case and notify the parties
Within 45 days from the receipt of the notice of the clerk of court, the appellant shall file a brief with
proof of service to the appellant
Within 45 days from the receipt of the appellant’s brief, the appellee shall file his own brief with proof
of service to the appellant
Within 20 days from the receipt, the appellant may file a reply brief
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ACADEMICS CHAIR:LESTER JAY ALAN E.FLORES II
U
N I V E R S I T Y O FS
A N T OT
O M A SQ: What are the contents of appellant’s brief? A: The appellant’s brief shall contain, in the order herein indicated, the following:
1. A subject index of the matter in the brief with a digest of the arguments and page references, and a table of cases alphabetically arranged, textbooks and statutes cited with references to the pages where they are cited;
2. An assignment of errors intended to be urged, which errors shall be separately, distinctly and concisely stated without repetition and numbered consecutively; 3. Under the heading "Statement of the
Case," a clear and concise statement of the nature of the action, a summary of the proceedings, the appealed rulings and orders of the court, the nature of the judgment and any other matters necessary to an understanding of the nature of the controversy, with page references to the record;
4. Under the heading "Statement of Facts," a clear and concise statement in a narrative form of the facts admitted by both parties and of those in controversy, together with the substance of the proof relating thereto in sufficient detail to make it clearly intelligible, with page references to the record;
5. A clear and concise statement of the issues of fact or law to be submitted to the court for its judgment;
6. Under the heading "Argument," the 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; 7. Under the heading "Relief," a
specification of the order or judgment which the appellant seeks; and
8. In cases not brought up by record on appeal, the appellant’s brief shall contain, as an appendix, a copy of the judgment or final order appealed from (Sec. 13, Rule 44).
Q: What are the contents of the appellee’s brief? A: The appellee’s brief shall contain, in the order herein indicated, the following:
1. A subject index of the matter in the brief with a digest of the arguments and page references, and a table of cases
alphabetically arranged, textbooks and statutes cited with references to the pages where they are cited;
2. Under the heading "Statement of Facts," the 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
3. Under the heading "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 (Sec. 14). Q: What is the purpose of an appellant’s / appellee’s brief?
A: To present to the court in a concise form the points and question in controversy, and by fair argument on the facts and law of the case, to assist the court in arriving at a just and proper conclusion/ decision (De Liano v. CA (2006)).
Q: What is meant by Residual Jurisdiction of the court?
A: The term refers to the authority of the trial court to issue orders for the protection and preservation of the rights of the parties.
The concept of residual jurisdiction is available at a stage in which the court is normally deemed to have lost jurisdiction over the case or the subject matter involved in the appeal. There is no residual jurisdiction to speak of where no appeal or petition has even been filed (Fernandez v. CA, 458 SCRA 454).
Q: What are the Residual Jurisdiction/Powers exercised by the trial court?
A:
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 compromise agreements by parties after judgment has been rendered, (there is no rule that forbids
litigants to settle amicably even if there is a judgment already)
3. Permit appeals of indigent litigants. 4. Order execution pending appeal in
accordance with sec. 2, rule 39. 5. Allow withdrawal of appeal.
Note: Provided these are done prior to the
transmittal of the original record or the record on appeal even if the appeals have already been perfected or despite the approval of the record on appeal (Section 9,
Rule 41).
RULE 42: PETITION FOR REVIEW FROM THE RTC TO