Civil Procedure: Appeal

Appeal

1. Basic Principle
   1. Appeal is a Civil law procedure whose office is to remove the entire cause and subjects the transcript to a scrutiny of fact and law and is substance a new trial.
   2. The right to appeal is not a Constitutional, natural or inherent right. It is a statutory right privilege and of statutory origin. It is available only if granted or as provided by statutes.
2. Doctrine of residual Jurisdiction
   1. Residual Jurisdiction refers to the authority of the trial court to issue orders for the protection and preservation of the rights of the parties which do not involved any matter litigated in the appeal; to approved compromises; to permit appeals by indigent litigants; to order execution pending appeal in accordance with Section 2 of rule 39; and to allow the withdrawal of the appeal, provided that this are done prior the transmittal of the original record or the record on appeal, even if the appeal has already been perfected or despite the approval of the record on appeal or in case of a petition for review under rule 42, before the CA gives due course to the petition.
   2. The “residual jurisdiction” of the trial court 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. This stage is reached upon the perfection of the appeals by the parties or upon the approval of the records on appeal, but prior to the transmittal of the original records or the records on appeal. In either instance, the trial court still retains its so-called residual jurisdiction to issue protective orders, approve compromises, permit appeals of indigent litigants, order execution pending appeal, and allow the withdrawal of the appeal.
   3. From the foregoing, it is clear that before the trial court can be said to have residual jurisdiction over a case, a trial on the merits must have been conducted; the court rendered judgment; and the aggrieved party appealed therefrom.
3. MTC to RTC
   1. Where to Appeal from the judgment or final order of a MTC 
      1. May be taken to the RTC exercising jurisdiction over the area to which the former pertains.
   2. When to Appeal
      1. An appeal may be taken within 15 days after notice to the appellant of the judgment or final order appealed from.
   3. How to Appeal – The appeal is taken
      1. by filing a notice of appeal and record on appeal where appropriate, with the court that rendered the judgment or final order appealed from, and
      2. By serving a copy of the notice and record on the adverse party.
   4. Content of the Notice of Appeal
      1. Indicate the parties to the appeal,
      2. The judgment or final order or part thereof appealed from, and
      3. state the material dates showing the timeliness of the appeal
   5. Additional requisites to Appeal
      1. Within the period for taking an appeal, the appellant shall pay to the clerk of the court with rendered the judgment or final order appealed from the full amount of the appellate court docket and other lawful fees.
      2. Proof of payment thereof shall be transmitted to the appellate court together with the original record or the record on appeal, as the case may be.
      3. Within 15 days from the perfection of appeal, the clerk of court of the lower court shall transmit the original record or the record on appeal, together with transcripts and exhibits, which shall be certify as complete, to the proper RTC.
   6. Perfection of the Appeal
      1. 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.
      2. 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.
   7. Crisologo v. Daray 562 SCRA 382 (A.M. No. RTJ-07-2036, August 20, 2008)

      1. Complainant erroneously thought that when respondent failed to act on his notice of appeal, he lost his right to appeal the court’s order denying his motion for intervention and that his only remedy was to file a petition for certiorari with the CA which he, in fact, filed. He failed to consider that 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 and upon payment of the docket fees. The notice of appeal does not require the approval of the court. The function of the notice of appeal is merely to notify the trial court that the appellant was availing of the right to appeal, and not to seek the court’s permission that he be allowed to pose an appeal.

         1. The trial court’s only duty with respect to a timely appeal by notice of appeal is to transmit the original record of the case to the appellate court. The court is given thirty (30) days from the perfection of the appeal within which to transmit the record.

      2. We note, however, that complainant also filed a motion for inhibition on the same day that he filed the notice of appeal. On the 30^th day since the notice of appeal was filed, respondent inhibited herself from the case. It goes without saying that from that time on, respondent could no longer perform any act pertaining to the complainant’s appeal. That duty would then devolve upon the judge who will replace the respondent. Hence, respondent should not be sanctioned for her failure to act on the notice of appeal after she had inhibited herself from the case.

   8. Duty of the RTC
      1. Upon the receipt of the complete record or the record on appeal, the clerk of court of the RTC shall notify the parties of such facts.
   9. Submission of Memorandum
      1. within 15 days from such notice, it shall be the duty of the appellant to submit a memorandum, copy of which shall be furnished the appellee.
      2. For the appellant, the filing of a memorandum is vital to his appeal. Failure to so file shall be a ground for the dismissal of the appeal.
      3. The memorandum shall briefly discuss the errors imputed to the lower court.
      4. the appellee may, if he so desires, to file his memorandum within 15 days from receipt of the appellant’s memorandum.
   10. Basis of decision
       1. the RTC shall decide the case on the basis of the entire record of the proceedings had in the court of origin and such memorandum as are filed.
       2. Appeal from an order dismissing the case for lack of jurisdiction.
4. RTC to CA
   1. Ordinary Appeal (Appeal by Writ of Error)
   2. Petition for review
5. RTC to SC
   1. Appeal by Certiorari
   2. What can be raised?
   3. Factual issue bar rule
6. Dismissal of Appeal
   1. Grounds
7. Withdrawal of Appeal
   1. matter of Right
   2. discretionary
8. Quasi-body to CA
9. CSC to CA
10. NLRC to CA
    1. St. Martin Funeral Homes v. NLRC, 295 SCRA 494
11. Doctrine of hierarchy of courts
12. Ombudsman to CA
13. CTA to CTA En banc
14. CTA En banc to SC
15. MTC/RTC to COMELEC
    1. Relampayos vs. COMELEC. 243 SCRA 690
16. COMELEC/COA vs. to SC
17. CA to SC