There is a right of redemption if the property that was sold is an immovable, otherwise

there is no right of redemption.

Q: Who can redeem?

1. Judgment-obligor
2. Redemptioner

Redemptioner
A creditor who has a lien by virtue of a judgment, attachment, or mortgage on
the property sold, or any portion thereof, subsequent to the lien under which the property
was sold.

If the only or last person to redeem is a judgment-obligor there can be no further

redemption from him.
But if the one who redeems, if a redemptioner, then another redemptioner can
redeem from him.

X v. Y
There is a judgment against Y. Y is the judgment-obligor. This is a land owned by Y.
Let us say that Y mortgaged this land to A in 2011. So A has a lien on this land by
virtue of a mortgage. And then there was a judgment against Y and the judgment
became final and there was a writ of execution issued by the court, and his
property was levied upon, levy was in 2012 – levy on execution. So there was a
case filed by B against Y, and the property was attached by B in 2014 – the person
who caused the attachment was B. In 2015 there was a sale on execution - the
sale on execution that was conducted was the one that was levied in 2012. Let us
say the property was sold to C.
C’s ownership over this land is subject to the right of redemption by the judgment-
obligor and redemptioner. If no redemption is made within one year, then his title
will become absolute.

Q: who can redeem the property from C?

Y (judgment-obligor) can redeem.

A has a lien by virtue of a mortgage. B has also a lien by virtue of an attachment

on the property sold.
Q: Can A redeem? What about B?
As to B, yes because he has a lien on the property sold subsequent to the lien
under which the property was sold.
But A cannot redeem, he is not a redemptioner, although A has a lien on the
property sold his lien is not subsequent to the lien under which the property was
sold.

Assuming that there is another person, like C, who has also a lien (2013) by virtue
of judgment, attachment, or mortgage, he is also a redemptioner because his lien
is subsequent to the lien.
 If B redeems redeems, then C can redeem it from him.
If the first to redeem is C, then B can redeem it from C.
Let us say there are many redemptioners, like six of them. One redeems, the other
one can also redeem from him.

If the only or last person to redeem is the judgment-obligor there can be no further
redemption from him.

APPEAL
There is judgment, the judgment is not yet final. The party aggrieved by the judgment
can appeal. The appeal is to be brought to the higher court.

There are certain steps to follow in appealing from the judgment.

The time to appeal is 15 days from notice of the judgement (from the day the judgment
is served on the party aggrieved by the judgment).

Who can appeal?

The plaintiff, the defendant or any of the defendants, or both plaintiff and defendant.

When counting the number of days, exclude the first include the last.
If you receive the copy of the judgment on July 1, your last
day is July 16.

Neypes Ruling (Neypes v. CA)

Provides for a fresh 15-day period from notice of the order denying a Motion for
New Trial or a Motion for Reconsideration.

Q: Is the filing of a Motion for New Trial or a Motion for Reconsideration a precondition to
the perfection of an appeal?
A: No. He does not have to that. Therefore, the filing of a Motion for New Trial or a Motion
for Reconsideration is not a precondition to the perfection of an appeal. You can appeal
even without filing this motion first. But if you file this motion and it is denied, then you will
have another 15 days from notice of the order denying your motion.
In short, the aggrieved party does not have to file a Motion for New Trial or a Motion for
Reconsideration so that he can appeal. But if he files any of these motions and it is
denied, then he will have another 15 days from notice of the order denying his motion to
perfect his appeal.
X v. Y
Y lost this case. He received a copy of the judgment on July 1,
he can appeal the judgment from the judgment within 15 days
from July 1 or until July 16.
 But suppose on July 14, he filed a Motion for Recon. Let us say that in Sept.
the court resolved the motion denying it. Y received the copy of the order
denying his motion on Sept. 2.
Q: Until when can Y appeal from the judgment?
A: He has another 15 days from Sept. 2. – Neypes Ruling

Neypes vs CA lays down the rule that came to be known as fresh 15-day period
to appeal.

The filing of a Motion for New Trial or a Motion for Reconsideration is not a precondition
to the perfection of an appeal, except in four instances:

1. In an action for legal separation;

2. In an action for annulment of marriage;
3. In an action for declaration of nullity of marriage;
4. In habeas corpus involving custody of minors.

In these four cases you cannot appeal unless you first file a Motion for New Trial or a
Motion for Reconsideration.

Modes of Appeal

I. Ordinary Appeal ( Appeal by Writ of Error)

A. Notice of Appeal
B. Notice of Appeal and Record on Appeal

- governed by Rule 40 and Rule 41

II. Petition for Review

- should be a verified petition
- governed by Rule 42 and Rule 43

III. Petition for Review on Certiorari

- governed by Rule 45

Rule 40: Appeal from MTC to RTC

Rule 41: RTC to CA

Rule 42: Appeal from RTC to CA

Rule 43: Quasi- judicial bodies to the CA

Rule 45: Appeal from RTC, CA, CTA, SB to the SC

If the appeal is by Notice of Appeal, the time to appeal is 15 days counted from notice
of the judgment.

If appeal is by Notice of Appeal and Record on Appeal, the time to appeal is 30 days
from notice of the judgment.

Petition for Review, 15 days but may be extended for another 15 days.

Petition for Review on Certiorari, 15 days may be extended for a maximum of 30 days.

Q: If appeal is by Notice of Appeal, with what court should you file the notice of appeal?

A: With the court that rendered the judgment being appealed from.

ILLUSTRATION:

I. the case originates from the MTC

PRC SC Rule 45 QL

CA to SC, by Petition for Review on Certiorari.

Governed by Rule 45.

CA Rule 42 QL | QF | MQF/L

From RTC, appeal is to the CA by Petition for

Review.
From RTC to CA, the rule is Rule 42

RTC

Rule 40 Appeal from the judgment of an MTC is by Notice

of Appeal. Appeal is to the RTC by N of A to be filed
with the MTC.
The appeal is to be taken to the RTC but you file the
N/A MTC N of A with the MTC because this is the court that
rendered the judgment being appealed from.
From MTC to RTC, the rule that applies is Rule 40

From RTC to CA, the only questions to be raised are questions of law, questions of fact,
or mixed questions of fact and of law.

But let us say the CA renders a judgment and still you would like to appeal, then your
appeal is to the SC by filing a Petition for Review on Certiorari. But the only questions
you can raise are pure questions of law. If you raise a question of fact or a mixed
question of fact and law before the SC, then the SC will dismiss your appeal.
 II. The case originates from the RTC

PRC SC Rule 45 QL
From the CA you can appeal to the
SC by filing a Petition for Review on
Certiorari, and this will be governed by Rule
45.
The only questions that can be raised are
Rule 41 CA QF MQF/L questions of law.

Appeal from the judgment of the RTC is to

the CA by filing a Notice of Appeal with the
RTC.
Governed by Rule 41.
N/A RTC
The questions that can be raised in this
appeal are questions of fact and mixed
questions of fact and law.

III.

SC PRC Rule 45 QL

CA

RTC

Numbers I and II – the same if you look at them.

But take note that if from the judgment of the RTC you are appealing and you are
raising only pure questions of law, then there can be a direct appeal to the SC. From
RTC it is a direct appeal to the SC by Petition for Review on Certiorari under Rule 45.

Number II: from RTC you go to the CA by means of notice of appeal, if you are raising
QF/MQFL.

But if from the judgment of the RTC you would like to appeal but you are only raising
pure question of law, you cannot go to the CA, you go directly to the SC.
Q: Why is it that in number 1, from RTC to CA it is by Petition for Review, but here
(number 2) RTC to CA it is by N of A?

A: Because in number 1 the RTC is exercising appellate jurisdiction. The judgment by the
RTC rendered by it in the exercise of its appellate jurisdiction is appealable to the CA by
means of a Petition for Review.

In number 2 the RTC is exercising original jurisdiction.

IV.

SC PRC Rule 45 QL

Rule 43CA

QJB

V.

The judgment of CA, CTC, SB is appealable

SC PRC Rule 45 QL to the SC by means of PRC, Rule 45, on
pure questions of law.

CA CTC SB

RTC

In an appeal to the SC, the only questions that can be raised are pure questions of law
subject to some exemptions (to be discussed in due time).
In appeal by Notice of Appeal, you file the N of A and then you pay the appellate
court’s docket fee and you have perfected your appeal.

Q: How does a Notice of Appeal look like?

A: A N of A should be very short.

Example:
Caption

X
YD
Notice of Appeal
If the one appealing is the defendant, then the defendant
Defendant, by counsel, gives is further designated as appellant – defendant-appellant. And the
notice that he is appealing from
the judgment rendered by this plaintiff – plaintiff-appellee.
court, a copy of w/c was
received by defendant- Indicate the name of the court to which you are bringing
appellant’s counsel on July 1,
2019 to the CA on the ground the appeal.
that the judgment is contrary to
law and evidence. The date when you received it, so that the court will know if
Baguio City, Phil. Signed…. you are filing N of A within 15 days.
July 2, 2019

And then you file this notice of appeal with the court that rendered the judgment
appealed from.
And then you pay the appellate court’s docket fee.
If you do these two things, then you perfected your appeal.

If the time to appeal of the other party has also expired, then the court loses jurisdiction
over the case. But it may happen that it still has the record of the case in its possession.

They will transmit the record of the case to the CA, and then the moment the CA
receives the record of the case it will give a notice to the appellant, informing him that
the record of the case is now with the record section of the CA and directing the
appellant to file his appellant’s brief within 45 days from notice, furnishing the appellee
with a copy of his brief and the appellee will have the same number of days to file his
appellee’s brief.

Appellant’s brief should state the following

1. Statement of the case

2. Statement of facts
3. Statement of issues
4. Assignment of errors
5. Arguments on the assigned errors
6. Conclusion
 7. Relief demanded

If the appeal is by Notice of Appeal and Record on Appeal, then the time to appeal is
30 days. If you file a Motion for Recon or a Motion for New Trial your motion is denied,
then you will have another 30 days from notice of the denial. Neypes is applicable, but
instead of 15 days it is 30 days.

Q: When do you need a Record on Appeal?

In the following:

A. In a special proceedings involving settlement of estate of a deceased person;

B. In cases involving multiple appeals;
C. In cases of separate appeals.

Q: Does a N of A require the approval of the court?

A: No.

Q: What about a record on appeal does it require the approval of the court?

A: Yes.

In fact, in the record on appeal, all the names of the parties must be specified in the
title – you cannot say et al.

Example:

Multiple appeals

Cases:

a. Judicial foreclosure of a mortgage

b. Expropriation
c. Partition

In these cases where you need a record on appeal, the clerk of court will not transmit
the record of the case to the CA. The record on appeal will take the place of the
record of the case

X v. Y (Expropriation)

X wants to expropriate this land to be used for public purposes.

Take note that the case will undergo two stages.

1st stage: concerns itself with the determination of the right and
authority of the plaintiff to expropriate.
If the court finds that the plaintiff does not have the right to expropriate,
 it will dismiss the case.
But if the court finds that the plaintiff has the right to expropriate, then
it will issue an order known as Order of Expropriation.
Appealable
The defendant can appeal from the order of expropriation, not the end of the
case. Because the moment the court issues the order of expropriation, the case
will go to the 2nd stage.

2nd stage: determination of just compensation for the property.

And if the court issues an order fixing the just compensation for the property, this
one is also appealable.

How many times can you appeal?

Twice. That’s why it’s called multiple appeals.

When you appeal from the order of expropriation, the record of the case will not
be transmitted to the CA because the RTC will still need the record of the case
when it goes to the 2nd stage.

The Record on Appeal simply reproduces the record of the case.

That is why a Record on Appeal must be approved because there might be some
misquotation or intentional omission. The other party should have the right to object or
to file his comment on the record on appeal.