PROCEDURE IN THE COURT OF APPEALS
Rule 44
ORDINARY APPEALED CASES
We will now go to Rule 44 which is Procedure in the Court of Appeals in Ordinary
Appealed Cases. This is just the continuation of Rule 41. When a case is appealed to the
CA under Rule 41, this is ordinary appeal (decisions of RTC pursuant to its original
jurisdiction), so what will happen here?
Take note that the procedure in the CA is not only found in the Rules of Court. The
Internal Rules of the CA is found in its so called Revised Internal Rules of the Court of
Appeals (RIRCA).
So it is best that you go over it. For purposes of the BAR, hindi na kailangan yan! There
are some provisions kasi na wala sa Rules of Court. I have a copy of that eh,
leather-bound! It just so happen that we have an alumna who is the head of the Records
Division of the CA.
Anyway, take note that under the present rules when the RTC clerk transmits the
records to the CA, nandoon na ang docket fee. Now, once original record is there, next is
you will receive a notice from the clerk of court that all the records are there, all the
documentary evidence. And you are now given 45 days to file an appellant’s brief under
Section 7 which has to be answered by the appellee under Section 8. And the appellant is
given the option to file an appellant’s reply brief under Section 9. As to the contents of the
appellant’s brief and appellee’s brief, you have Sections 13 and 14.
Section 1. Title of cases. In all cases appealed to the Court of Appeals 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 further referred to as the appellant and the adverse party as the appellee. (1a, R46)
Sec. 2. Counsel and guardians. The counsel and guardians ad litem of the parties in the court of origin shall be respectively considered as their counsel and guardians ad litem in the Court of Appeals. When others appear or are appointed, notice thereof shall be served immediately on the adverse party and filed with the court. (2a, R46)
Sec. 3. Order of transmittal of record. If the original record or the record on appeal is not transmitted to the Court of Appeals within thirty (30) days after the perfection of the appeal, either party may file a motion with the trial court, with notice to the other, for the transmittal of such record or record on appeal. (3a, R46)
Sec. 4. Docketing of case. Upon receiving the original record or the record on appeal and the accompanying documents and exhibits transmitted by the lower court, as well as the proof of payment of the docket and other lawful fees, the clerk of court of the Court of Appeals shall docket the case and notify the parties thereof.
Within ten (10) days from receipt of said notice, the appellant, in appeals by record on appeal, shall file with the clerk of court seven (7) clearly legible copies of the approved record on appeal, together with the proof of service of two (2) copies thereof upon the appellee.
Any unauthorized alteration, omission or addition in the approved record on appeal shall be a ground for dismissal of the appeal. (n)
Sec. 5. Completion of record. Where the record of the docketed case is incomplete, the clerk of court of the Court of Appeals shall so inform said court and recommend to it measures necessary to complete the record. It shall be the duty of said court to take appropriate action towards the completion of the record within the shortest possible time. (n)
Sec. 6. Dispensing with complete record. Where the completion of the record could not be accomplished within a sufficient period allotted for said purpose due to insuperable or extremely difficult causes, the court, on its own motion or on motion of any of the parties, may declare that the record and its accompanying transcripts and exhibits so far available are sufficient to decide
the issues raised in the appeal, and shall issue an order explaining the reasons for such declaration. (n)
Sec. 7. Appellant’s brief. It shall be the duty of the appellant to file with the court, within forty-five (45) days from receipt of the notice of the clerk that all the evidence, oral and documentary, are attached to the record, seven (7) copies of his legibly typewritten, mimeographed or printed brief, with proof of service of two (2) copies thereof upon the appellee. (10a, R46)
Sec. 8. Appellee’s brief. Within forty-five (45) days from receipt of the appellant’s brief, the appellee shall file with the court seven (7) copies of his legibly typewritten, mimeographed or printed brief, with proof of service of two (2) copies thereof upon the appellant. (11a, R46)
Sec. 9. Appellant’s reply brief. Within twenty (20) days from receipt of the appellee’s brief, the appellant may file a reply brief answering points in the appellee’s brief not covered in his main brief. (12, R46)
Sec. 10. Time for filing memoranda in special cases. In certiorari, prohibition, mandamus, quo warranto and habeas corpus cases, the parties shall file, in lieu of briefs, their respective memoranda within a non-extendible period of thirty (30) days from receipt of the notice issued by the clerk that all the evidence, oral and documentary, is already attached to the record. (13a, R46)
The failure of the appellant to file his memorandum within the period therefor may be a ground for dismissal of the appeal. (n)
Sec. 11. Several appellants or appellees or several counsel for each party. Where there are several appellants or appellees, each counsel representing one or more but not all of them shall be served with only one copy of the briefs. When several counsel represent one appellant or appellee, copies of the brief may be served upon any of them. (14a, R46)
Sec. 12. Extension of time for filing briefs. Extension of time for the filing of briefs will not be allowed, except for good and sufficient cause, and only if the motion for extension is filed before the expiration of the time sought to be extended. (15, R46)
Sec. 13. Contents of appellant’s brief. The appellant’s brief shall contain, in the order herein indicated, the following:
(a) 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; (b) An assignment of errors intended to be urged, which errors shall be separately, distinctly and concisely stated without repetition and numbered consecutively;
(c) 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;
(d) 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;
(e) A clear and concise statement of the issues of fact or law to be submitted to the court for its judgment;
(f) 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;
(g) Under the heading "Relief," a specification of the order or judgment which the appellant seeks; and
(h) 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. (16a, R46)
Sec. 14. Contents of appellee’s brief. The appellee’s brief shall contain, in the order herein indicated, the following:
(a) 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; (b) 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
(c) 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. (17a, R46)
This is like a thesis or writing a book – Appellant’s and appellee’s brief.
Q: What is a brief? What is its purpose?
A: The word “BRIEF” is derived from the Latin word “BREVIS”
[AND BRUTTHEAD]and the
French word “BREFIE”, and literally means a short or condensed statement. Its purpose is
to present to the court in concise form the points and questions in controversy, and by fair
argument on the facts and law of the case, to assist the court to arrive at a just and fair
conclusion. It should be prepared as to minimize the labor of the court in the examination
of the record upon which the appeal is heard. (Estiva vs. Cawit, 59 Phil. 67; Casilan vs.
Chavez, L-17334, Feb. 28, 1962)
So you summarize the case, facts, issues, arguments, discussions, citations of laws. So
its like a debate no?
Alright. The best brief writers I noticed are those in the Solicitor General’s office. Just
imagine, the Solicitor General defends all the cases of the government. When a criminal
case is appealed by the accused to the CA or CA, automatically the Solicitor General takes
over. In the lower court, it is the fiscals ‘no?
So, the Solicitor General defends the case he had never tried. So they just based it on
records. They condensed decisions kahit na gaano ang kapal, reducing it to 15 pages or
less. Its really an ability to do it. The shorter the better. People there in the Solicitor
General’s office are really good writers and researchers because that is the law office of
the Republic of the Philippines. Lahat dyan magagaling, isa lang ang hindi marunong.
SINO? Ang Solicitor General ninyo! He is only a political appointee. (F. Chavez? Or Galvez?)
Q: Is the 45-day period to file brief extendible?
A: YES, that is section 12. The worst violator here is the Solicitor General – extension 30
days, 2nd extension 30 days! Ganyan sila! Sometimes it takes them 18 months to prepare
a brief. Sabagay, marami din kasi silang trabaho ‘no?
Q: When do you file the motion for extension of time to file brief?
A: The motion for extension of time is filed BEFORE the expiration of the time sought to
be extended. (Section 12) BUT sometimes the SC can be liberal about extension. One case
is
MOSKOWSKY vs. COURT OF APPEALS
230 SCRA 657
FACTS: The CA here granted the appellant a period of 90 days counted from
August 3, 1991. So after the 45 days plus 90 days pa from August 3, 1991. Said
90-day period ended on November 1, 1991. On November 4, 1991, or 3 days
after the extended period, instead of filing a brief, appellant filed another motion
for a 20-day extension.
ISSUE #1: Was the motion for extension filed on time based on Section 12?
HELD: YES. “Said ninety-day period would end on November 1, 1991.
November 1 is a regular holiday. Then President Aquino declared November 2,
1991 as a special holiday. The next day, November 3, 1991 turned out to be a
Sunday. The next business day was, therefore, November 4, 1991 - a Monday.”
“The abovementioned motion was, therefore, filed on time, i.e., the motion
for the extension sought was filed before the expiration of the time sought to be
extended.”
ISSUE #2: When do you compute the 20-day extension being asked for? Is it
on November 1, the expiration of the period? Or on November 4, the day of the
filing of the motion?
HELD: “The appellant specifically manifested that they will need another
extension from today (November 4) within which to file appellant’s brief, and
‘today’ is November 4. So, the period commences to run on November 4.” So
very liberal no?
Take note of Section 15 – what questions may an appellant raise on appeal:
Sec. 15. Questions that may be raised on appeal. Whether or not the appellant has filed a motion for new trial in the court below, he may include in his assignment of errors any question of law or fact that has been raised in the court below and which is within the issues framed by the parties. (18, R46)
