HOW DO YOU RECOGNIZE A FOREIGN JUDGMENT?

 Raise the foreign judgment as res judicata in the defense (not in separate action)

APPEALS

IMPORTANT: Take note of the new rule!

 Neypes v. CA (September 14, 2005) To standardize the appeal periods provided in the Rules and to afford litigants fair opportunity to appeal their cases, the Court deems it practical to allow a fresh period of 15 days within which to file the notice of appeal in the Regional Trial Court counted from receipt of the order dismissing a motion for a new trial or motion for reconsideration.

Henceforth, this “fresh period rule” shall apply to:

1. Rule 40 governing appeals from the Municipal Trial Courts to the Regional Trial Courts;

2. Rule 41 governing appeals from the Regional Trial Courts;

3. Rule 42 on petitions for review from the Regional Trial Courts to the Court of Appeals;

4. Rule 43 on appeals from quasi-judicial agencies to the Court of Appeals; and

5. Rule 45 governing appeals by certiorari to the Supreme Court.

The new rule aims to regiment or make the appeal period uniform, to be counted from receipt of the order denying the motion for new trial, motion for reconsideration (whether full or partial) or any final order or resolution.

RULE 40 – APPEAL FROM MTC TO RTC Section 1. Where to appeal.

- Appeal from a judgment or final order of a MTC may be taken to the RTC exercising jurisdiction over the area

- Appellant vs. appellee

Sec. 4. Perfection of appeal; effect thereof.

The perfection of the appeal and the effect thereof shall be governed by the provision of Section 9, Rule 41.

Perfection of Appeal

Rule 41. Sec. 9. Perfection of appeal; effect thereof.

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.

A party’s appeal by record on appeal is deemed perfected as to him with respect to the subject matter thereof upon the approval of the record on appeal filed in due time.

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.

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 time to appeal of the other parties.

Sec. 5 Appellate docket fees paid to clerk of court of MTC

Payment thereof is not a condition precedent for perfection of appeal but must nonetheless be paid within the period for taking appeal, otherwise a ground for dismissal of the appeal;

Sec. 6. Duty of the clerk of court to transmit records within 15 days from

perfection of appeal

Sec.7. Procedure in the Regional Trial Court.

(a) upon receipt of the complete record or the record on appeal, the Clerk of Court of the Regional Trial court shall notify the parties of such fact.

(b) Within fifteen (15) days from such notice, it shall be the duty of the appellant to submit a memorandum which shall briefly discuss the errors imputed to the lower court, a copy of which shall be furnished by him to the adverse party. Within fifteen (15) days from receipt of the appellant’s memorandum, the appellee may file his memorandum. Failure of the appellant to file a memorandum shall be a ground for dismissal of the appeal.

(c) Upon the filing of the memorandum of the appellee, or the expiration of the period to do so, the case shall be considered submitted for decision. The Regional Trial Court shall decide the case on the basis of the entire record of the proceedings had in the court of origin and such memoranda as are filed.

Reasons why the appellant is required to file a Memo, while the same is optional for the appelle: Because the appellant must assign errors while the MTC is committed.

Sec. 3. Appeal from the orders dismissing the case without trial; lack of jurisdiction.

If RTC reversed, the case shall be remanded to the MTC; order remanding the case is merely an interlocutory order and hence, not appealable;

If dismissal based on the ground other than lack of jurisdiction.

If the MTC dismisses an action before it on a ground OTHER THAN lack of jurisdiction over the subject matter, RTC, on appeal, may either affirm or reverse the order of dismissal. In case of reversal, case remanded to MTC; if affirmed, take an appeal to the CA or SC.

Sec. 9. Applicability of Rule 41.

Appeal – Unassigned Errors

*Ludo and Luym v. CA

An appellate court can consider an unassigned error on which depends the determination of the question in the properly assigned error.

Appellant’s Brief

Failure to file a notice of appeal results in the failure of the appellate court to acquire jurisdiction over the appealed decision, resulting in its becoming final and executor upon failure of the appellant to move for reconsideration.

*DBP v. CA et al.

Failure to file a brief within the period granted simply results in the abandonment of the appeal which could lead to is dismissal upon failure to move for its reconsideration, in which case the appealed decision would also

become final and executor, but prior thereto, the appellate court shall have obtained jurisdiction of the appealed decision. There is more leeway to exempt a case from the strictures of procedural rules when the appellate court has already obtained jurisdiction over the appealed case.

RULE 41 – APPEAL FROM THE RTC (as amended on Dec. 27, 2007) Section 1. Subject to appeal.

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 these Rules to be appealable.

No appeal may be taken from: ( I JuS DREAM)

(a) An order denying a petition for relief or any similar motion seeking Relief from judgment;

(b) An interlocutory order;

(c) An order disallowing or dismissing an Appeal;

(d) 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;

(e) An order of execution

(f) A 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; and (g) 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.

Examples of other cases where appeal is allowed 1. Recovery of property in accounting

2. Severable judgments (defendants have severable interest) 3. Dismissal with prejudice

Order of Execution

→ Not appealable because execution is only the result of the judgment. If order of execution is not in accord with the dispositive portion, remedy is certiorari under Rule 65.

Test to determine whether or not an order or judgment is Interlocutory

Does it leave something to be done in the trial court with respect to the merits of the case? If yes, it is interlocutory; otherwise, it is final.

The 15- day period for filing the appeal should be counted from the