Laya Jr. vs. Phil.

Veterans Bank
Motion to refer the COA, as the guardian of the
Appeals from 11 exceptions for the Banc to
Rule 64 COMELEC & COA
On the ground of grave
abuse of discretion (GAD) RULE 64 in rel. to 65 take cognizance of M/R En Banc case to the Banc
RULE 64 in rel. to 65
purse of the people -
decisions are immediately
with prayer for the P/C P/C executory. Hence, in filing
Rule 65
Petition on issuance of TRO, INJ, SQA En Banc 30 days SC 30 days Chairperson for a P/C to SC, a prayer for
Certiorari the issuance of TRO, INJ,
M/R COMELEC SQA is necessary.
Appeal by Petition for
1 2 3 COA
Rule 45 Review on Certiorari (PQL) 15 days
RULE 45 APRC (PQL)
M/R
EXC: W/K, W/A, W/HD RULE 45 APRC (PQL) 15 days
15+30 = 45 days
1 2 MET + PDF 15+30 = 45 days 1C 2C

( RP/ LI) MET + PDF

RULE 45 APRC (PQL)
Court of
Rule 44 Appeals
15+30 = 45 days
N/A + PDF MET + PDF
15 days En Banc
Gov’t officers and employees with SG 27 Anthony vs. People
(orig or RP/LI)
& above; below SG 27 or private
persons provided there’s an allegation
for conspiracy
SB CA CTA P/R
EXC: De Lime vs. Guerrero (RA 9165) 15 days
Ampongan vs. SB (PD 1606, RA 3019)
1 2 3 4 5 6 7 1 2 3
EXC: P/R (PQL)
Quasi-judicial CTA, 15+15 = 30 days
Rule 43 bodies to CA DOLE, CSC MET + PDF
CIAC

RULE 41 RULE 42 RULE 41

RULE 41 N/A + PDF
N/A + PDF P/R (PQL)
N/A + PDF 15 days
Neypes vs. CA (Neypes/ Fresh Period Rule) 15 days 15+15 = 30 days
If M/R or M/NT is denied, a fresh period of
15 days
MET + PDF
RTC’s Original
Rule 41 jurisdiction
15 days is granted to file a N/A

Habaluyas vs. Japzon (Habaluyas Doctrine)

RTC’s Appellate
Sun Insurance vs. Judge Asuncion
Personal Action Real Action RTC No motion for extension to file a motion for new trial or
Rule 42 jurisdiction
The payment of the prescribed docket fee
vests a trial court with the jurisdiction over 2M+ 1 400K + 1
reconsideration may be filed with the MTC, RTS, CA. Only in cases
pending with the SC as the court of last resort, which may in its
the subject matter or nature of the action. sound discretion either grant or deny the extension requested.
(Sec. 19 BP 129, RA 7691, RA 11576)
RULE 40
Personal Action Real Action N/A + PDF
2M 400K 15 days
• Rules on Summary Rule Forcible Entry (e.g squatters) – illegal
Rule 40 MTC to RTC (Sec. 33 BP 129, RA 7691, RA 11576)
• Principal amount,
• Assessed value from city/ muni MTC Procedure 70
from the beginning
assessor Unlawful Detainer – legal possession
exclusive of
• Zonal valuation from BIR
interest, damages but becomes illegal upon:
• Docs executed by the parties
(deed of sale) 1. Termination of lease
• Value of the properties of • Small Claims 2. Demand to vacate and pay back
adjoining owners rentals
 MODES OF APPEAL
Rule 40 Rule 41 Rule 42 Rule 43 Rule 45
MTC to RTC Appeals from RTC Petition for review from Appeals from quasi judicial Appeals by
RTC to CA agencies to CA certiorari to SC
Ordinary appeal Ordinary appeal Petition for Review Petition for Review Appeal by Certiorari

HOW TO GR: Filing a notice of appeal GR: Filing a notice of appeal and no By filing a verified petition By filing a verified petition By filing a verified
XPN: Special proceedings and other record on appeal for review with the CA and for review with the CA petition for review
APPEAL cases of multiple or separate appeals XPN: Special proceedings and other paying the required docket on certiorari
record on appeal may be required cases of multiple or separate appeals and lawful fees

WHEN TO Ordinary appeal – within 15 days Ordinary appeal – within 15 days Within 15 days Within 15 days Within 15 days
Record on appeal (if required) – Record on appeal – within 30 days
APPEAL within 30 days Appeal in habeas corpus cases –
within 48 hours

ISSUES Questions of law/fact Questions of law/fact Questions of law/fact Questions of law/fact Questions of law

Rule 45 Rule 65
Appeal by Petition for Review on Certiorari Special Civil Action in Certiorari

A mode of appeal which seeks to review final judgments and orders (Sec. 2, Rule 41) A special civil action that is an original action (Rule 65) directed against an interlocutory
order or matters where no appeal may be taken from (Sec. 1, Rule 41)
A continuation of the appellate process over the original case. Not party of the appellate process, it is an independent action.

Raises question of law Raises question of jurisdiction

Filed within 15 days from notice of judgment, final order or resolution appealed from Filed not later than 60 days from notice of judgment, order or resolution sought to be
assailed, or from notice of denial of an MR or MNT.
The parties are the original parties with the appealing party as the petitioner and the The tribunal, board, or officer exercising judicial or quasi-judicial functions is impleaded as
adverse party as the respondent, without impleading the lower court or its judge. (Sec. 4(a), respondent (Sec. 5 Rule 65)
Rule 45)