This document summarizes rules regarding motions for new trial or reconsideration, relief from judgments, and appeals from regional trial court decisions in civil procedure. Key points include: 1) Grounds for motions for new trial include newly discovered evidence and grounds for reconsideration include excessive damages or decisions contrary to law. Affidavits of merit are generally required. 2) Petitions for relief from judgments allow aggrieved parties a second chance at a hearing if deprived of one due to fraud or mistake. They must be filed within 6 months and show grounds like fraud or excusable negligence. 3) Appeals can be made through ordinary appeal, petition for review, or appeal by certiorari. The record on appeal must be filed

1. NOTES IN CIVIL PROCEDURE
SOURCE: ESTOPIA 2013
By: Panky Obbania
RULE 37
MOTION FOR NEW TRIAL OR RECONSIDERATION
-filed within the period for taking an Appeal.
To WARRANT a new trial, the newly discovered evidence:
1. Must have been discovered after trial
2. Could not have been discovered and produced at the trial despite reasonable
diligence
3. If presented, would probably alter the result of the action
GROUNDS FOR MOTION FOR NEW TRIAL
1. FAME which ordinary prudence could not have guarded against and by reason of
which such aggrieved party has probably been impaired in his rights.
2. Newly discovered evidence w/c if presented would probably alter the result.
3. Extrinsic or Collateral Fraud-fraud w/c prevents the aggrieved party from having a
trial or presenting his case to the court, or was used to procure the judgment without
fair submission of the controversy
Intrinsic Fraud-refers to acts of a party at the trial w/c prevented a fair and just
determination of the case.
Mistake-one w/c ordinary prudence could not have guarded against.
Excusable Negligence-one w/c ordinary diligence and prudence could not have
guarded against and by reason of w/c the rights of an aggrieved party have been
probably impaired.
TEST of EXCUSABLE NEGLIGENCE-whether a party acted with ordinary
prudence while transacting important business.
MNT-must be supported by affidavit of merits, w/c should state facts and not mere
opinions or conclusions of law (required only if the grounds relied upon are FAME)
­AoM
may be dispensed with if:
a. Judgment is null and void (court has no jurisdiction over the defendant or
subject matter.
b. Procedurally defective- Judgment by default was rendered before the
reglamentary period to answer had expired.
c. Defendant was unreasonably deprived of his day in court.
NB: AoM are required only in MNT not in M/R
PRO-FROMA MOTION- one w/c does not comply with the requirements under Rule 37.
-pleading that has the form but no substance.
Effect: Pro Forma Motion for new trial or reconsideration shall not toll the
reglementary period of Appeal.
GROUNDS FOR MOTION FOR RECONSIDERATION (DED)
1. Damages awarded are excessive
2. Evidence is insufficient to justify the decision or final order
3. Decision or final order is contrary to law.
-Court could modify or alter a judgment even after the same has been executory
WHENEVER circumstances transpire rendering its decision unjust and inequitable
PERIOD TO RESOLVE MNT or M/R- “30 days” from the time it is submitted for resolution.
NB: There can be second motion for new trial but NO second Motion for Reconsideration
(Reason: All litigation must come to an end at some point)
EFFECT of granting MNT: Original judgment/ final order be vacated and action shall
stand for trial de novo.
-Relaxation of Rules of Court not possible if no valid justification.
EFFECT of order for PARTIAL NEW TRIAL: When less than all of the issues are ordered
RETRIED, court may either (a) ENTER judgment or final order as to the rest (b) STAY the
enforcement of such judgment or final order until after the new trial.
REMEDY: against order denying MNT or M/R -APPEAL FROM THE JUDGMENT OR FINAL
ORDER

2. NOTES IN CIVIL PROCEDURE
SOURCE: ESTOPIA 2013
By: Panky Obbania
RULE 38
RELIEF FROM JUDGMENTS ORDERS, OR OTHER PROCEEDINGS
Petition for Relief- is a legal remedy whereby a party seeks to set aside a judgment
rendered against him by court whenever he was unjustly deprived of a hearing or was
prevented from taking an Appeal in either case because of FAME.
- In effect, it is a second opportunity for an aggrieved party to ask for new trial. (Sayman
vs. CA)
PRFJ- Applicable to all kinds of Special Proceedings
­Intestate
Settlement, Guardianship Proceedings, Land Registration
When and How Filed: - a verified petition for relief must be filed w/in 60 days after
petitioner learns of the judgment, final order, or “other proceeding” (includes an order or
writ of execution, order dismissing an appeal) to be set aside and not more than 6
months after such judgment or final order has been entered or such proceeding has been
taken.
-must be accompanied with affidavit of merit alleging the grounds below.
GROUNDS:
1. FAME (Heavy workload not a ground for excusable negligence (LBP vs. Eli GC
Natividad, et al.)
2. Existence of a good and substantial cause of action or defense.
-ABSENCE of AoM is a fatal defect and warrants the denial of the petition.
Two periods for the filing of a petition for relief are not extendible and never
interrupted
1. 60 day period- reckoned from time party acquired knowledge of O/J/P
2. 6-month period-computed from date of entry of order or judgment in the book of
entries NOT from the date of order of default or the rendition of finality of judgment.
REMEDY: Denial of Petition for Relief from Judgment (PRFJ) or an order disallowing or
dismissing an appeal may only be challenged through Special Civil Action of Certiorari
under Rule 65. (Cross Reference-Rule 41, Sec. 1 par b interlocutory, and last par of
same rule)
Interlocutory: Petition for Relief from the order of Default, Order denying an M/R of the
default order. (Not Appealable)
-BUT an order seeking to set aside the order of default is final and therefore appealable
COURT ISSUES ODER TO FILE AN ANSWER-If PRFJ is sufficient in form and in substance,
adverse parties file their answer within 15 days from the receipt thereof. (Order +copy of
petition+AOM)
-FAILURE to file an answer does not constitute DEFAULT, even w/out an answer, the court
will still have to hear the petition and determine its merits.
2 HEARINGS IN A PETITION FOR RELIEF
1. Hearing to determine whether J/O/P should be set aside
2. In the affirmative, hearing on the merits of the case.

3. NOTES IN CIVIL PROCEDURE
SOURCE: ESTOPIA 2013
By: Panky Obbania
RULE 41-APPEAL FROM THE REGIONAL TRIAL COURT
SUBJECT OF APPEAL
-Appeal may be taken from a judgment or final order that completely disposes of the
case.
- cases not appealable-CODAL (refer to Rule 41, sec. 1 a-h) Remedy: Rule 65 of the
ROC
MODES OF APPEAL
a. Ordinary Appeal-Appeal to C/A decided by the RTC in the exercise of its Original
jurisdiction be taken by filing a notice of appeal (15 days from notice of final
judgment or order or resolution, or from the date of its last publication if publication
is required by law for its effectively ) w/ the court w/c rendered the judgment or final
order. Notice of Appeal need NOT be approved by the court w/c rendered the
decision.
­In
ordinary appeal, record on appeal is not required except in
1. Special Proceedings
2. Other cases of multiple or separate appeals (e.g. Expropriation)
RECORD ON APPEAL-appellant shall file a notice of appeal and record on appeal
w/in 30 days from the notice of judgment or final order. FAILURE of the R/A to show
date of filing not a ground to dismiss if appellate court had no way of checking.
­Amended
R/A is deemed to have been filed on the presentation of the original, w/c
was done w/in the reglementary period. If Amended R/A was submitted after the
30-day reglementary period, it did not render the perfection thereof ultimately.
(Rodriguez vs. CA)
b. Petition for Review- Appeal to C/A cases decided by the RTC in the exercise of its
appellate jurisdiction.
c. Appeal by Certiorari- Appeal to SC under rule 45 in all cases where only questions
of law are involved/raised.
QUESTION OF FACTS VS. QUESTION OF LAWS
Question is the correctness or falsity of an
alleged fact.
Question is what law is applicable in a given
set of facts.(Cheesman vs. IAC)
NB-Partial Summary judgment is interlocutory order NOT a final judgment (Guevarra vs. CA)
Right to Appeal –NOT a natural right or a part of due process. It is merely a STATUTORY
PRIVILEGE, failure to comply with the requirements is fatal.
­FAILURE
to pay appellate court docket fees (in full) and other lawful fees on time is a
ground to dismiss the appeal.(M.A. Santander Construction, Inc. vs. Villanueva).
­FAILURE
to perfect an appeal w/in the prescribed period is JURISDICTIONAL, hence
renders the judgment final and executory.
MOTION TO DISMISS AN APPEAL BARRED BY LACHES- on the ground that the record on
appeal does not contain data showing that the appeal was perfected on time where the
movant allowed 6 years after the filing of the brief elapse w/out moving for the dismissal of
the case.
-It is the duty of the trial court to determine whether the appeal has been perfected on time.
Appellate court has the duty to examine record on appeal if the printed record does not
show date of filing.
-Clerical error can’t prevail over what actually appears on the records
-Trial courts approval of the record on appeal serves to cure whatever defect or omission
committed therein ( Compagne des Messageries vs. CA)
- Unsigned record on appeal may be given force and effect where no impairment of the
rights of the other party can be shown. The same could be required to be signed (Toribio,
et al. vs. Montejo, et al.)
-Appeals TARDILY FILED may be allowed by the Court under the policy of liberality.
Technical objections may be disregarded to get the substantive issues raised. It is the
Court’s inherent power to suspend the application of procedural rules when warranted in
relation to the dictum the “all controversies should be resolved on their merits ”.
(Ombudsman vs. Pendatun G. Laja, et al. )

4. -Execution shall issue as a matter of right upon the period to appeal.
-The perfection of the appeal by one party does not operate to deprive the trial court of
jurisdiction. Such jurisdiction is lost only upon the expiration of the period to appeal by the
other party.
-After the perfection of the appeal but before transmittal of the record on appeal, TC retains
jurisdiction to set its order approving the R/A with a view to further inquiring whether said
R/A is complete or contains error or not. (Cabungcal vs. Fernandez)
EFFECT OF PERFECTION OF AN APPEAL
­Stays
judgment or final order. Judgment or order appealed from cannot be final and
executory until the appeal has been finally resolved. (Rule 42, Sec 8 (b)
­TSN
of the proceedings must be certified by the stenographer concerned. In appeals
from RTC to CA whether by R/A or by the original record, stenographers transcribed
their notes and submit the transcripts to COC of the Trial court, who must submit the
TSN to the COC of CA w/in 30 days from the perfection of appeal.( Francisco vs.
Bosa)
TRANSMITTAL- of the record should be the sole responsibility of the COC
­COC
of trial court shall transmit to the appellate court
1. the original record or the approved record on appeal w/in 30 days from the
perfection of appeal
2. together with proof of payment of the appellate court docket and other lawful fees
3. CTC of the minutes of the proceedings
4. order of approval
5. certificate of correctness
6. original documentary evidence
7. original 3 copies of the transcripts.
MOTION TO DISMISS THE APPEAL(Sec. 13, Rule 41)-may be filed with the appellate
court (Rule 50 sec. 1 (b)