Appeals

Appeal

Seeking to reverse or modify a judgment on the merits of a case.

Purpose of Appeal

To correct errors of judgments made by a lower court or tribunal.

Errors Correctable by Appeal

Errors in the application of the witness and appreciation of the facts of the case.

Errors of Jurisdiction

Corrected by certiorari, not by appeal.

Petition for Certiorari

Available only when there is no appeal or any plain, speedy, adequate remedy in the ordinary course of law.

Right to Appeal

A mere statutory privilege.

Docket Fees

Payment is mandatory; without it, the appeal is not perfected.

Trial Judges' Findings

Will not be disturbed on appeal unless there is a clear showing of oversight or misapplication of significant facts.

Factual Findings

Affirmed by the Court of Appeals (CA) are deemed final and conclusive.

Interlocutory Orders

Not appealable until after the finality of the judgment on the merits.

Purpose of Limiting Appeals

To avoid multiplicity of appeals, which can cause delays and unnecessary expenses.

Non-Appealable Judgments/Orders

Include orders denying petitions for relief, interlocutory orders, and orders of execution.

Special Civil Action under Rule 65

Remedy against an order of execution; exceptions apply.

Issues on Appeal

Issues not raised before lower courts cannot be raised for the first time on appeal.

Role of the Appellee

To refute assigned errors by the appellant and defend the judgment appealed from.

Errors Considered by Appellate Court

Errors not assigned may still be considered if they affect jurisdiction or validity of the judgment.

Harmless Errors

Errors that do not affect substantial rights or the merits of the case.

Docket Fee Payment

Mandatory and jurisdictional; non-compliance is fatal to an appeal.

Notice of Appeal

Must be filed with the court that rendered the judgment and served to the adverse party.

Dismissal of Appeal

Can occur due to failure to comply with procedural requirements or if the case is not appealable.

Withdrawal of Appeal

Allowed before the filing of the appellee’s brief as a matter of right; after that, it is at the court's discretion.