Appeals

Definition: Seeking to reverse/modify judgment on the merits of a case

Purpose: to correct errors of judgments (of a lower court or tribunal)

What errors?

·       In the application of the witness

·       Appreciation of the facts of the case

GR: errors of judgment > correctible by appeal

    Errors of jurisdiction > by certiorari

·       Petition for certiorari > available only when there is no appeal;

                 or any plain, speedy, adequate remedy in the ordinary course of law.

·       If there is appeal, certiorari will not prosper (even on GAD)

·       The right to appeal – a mere statutory privilege

·       Docket Fees – without such payment, the appeal is not perfected.

·       Findings of the trial judges will not be disturbed on appeal in the absence of any clear showing that they have overlooked, misunderstood, or misapplied some acts or circumstances of weight and substance that could have altered the judgment.

·       Factual findings of the trial court when affirmed by the CA are final and conclusive and may not be revived on appeal.

Xpn: CA manifestly overlooked certain relevant facts not disputed by the parties; which if properly considered, would justify a different conclusion.

Judgments or orders that are appealable

·       An appeal may be taken from a judgment or final order that completely dispose the case.

Xpn: interlocutory orders (until after finality of the judgment on the merits

Purpose: to avoid multiplicity of appeals (would cause delays in the trial and unnecessary expenses)

️ judgments or orders that are not appealable

1)  Certain judgments/orders specifically declared as not appealable.

a)     Order denying petition for relief/any similar motion seeking relief from judgments;

b)     Interlocutory order;

c)      Disallowing/dismissing an appeal;

d)     Denying a motion to set aside a judgment by consent, confession, or compromise on the ground of fraud, mistake or duress, or any other ground vitiating consent;

e)     Order of execution;

f)      A judgment/order for or against one or more several parties/or in separate claims, counter-claims, and third-party complaints while the main case is pending, unless the court allows an appeal;

g)     Order dismissing an action without prejudice;

Note: an aggrieved party can no longer assail an order denying a motion for new trial or motion for reconsideration by way of Rule 65 (Special Civil Action by certiorari)

Remedy: special civil action under Rules 65

Remedy against an order of execution; it’s exceptions

GR: no appeal may be taken from an order of execution; may file a special civil action for certiorari under Rules 65

Remedy: mode of elevation; by appeal, special civil action for certiorari, prohibition, or mandamus.

Issues that may/may not be raised on appeal

·       Issues – not been raised before the lower courts cannot be raised for the first time on appeal;

·       Errors of any questions of law or fact – within the issues framed by the parties;

·       Issues raised for the first time and not raised in the proceedings below ought not to be considered by a reviewing court;

·       Objections relating to non-compliance with the verification and certification of non-forum shopping requirements should not be raised for the first time on appeal;

xpn: (a party may not change his or her theory on appeal)

when? When the factual bases thereof would not require presentation of any further evidence by the adverse party in order to enable it to properly meet the issue raised in the new theory

Role of the appellee

Gr: refuting the assigned errors interposed by the appellant; assumes a defensive stance and his interest is solely relegated > affirmance of the judgment appealed from.

X – an appellant cannot impugn correctness of a judgment not appealed from by him. (hence, the appellate court cannot take cognizance)

️️ Errors to be considered by the appellate court

GR: An error not assigned as error/raised on appeal [see Rule 51, Sec. 8]

XPN:

a)     Error that affects jurisdiction over the subject matter

b)     “ affects validity of the judgment appealed from

c)      “ validity of the proceedings

d)     Error > closely related/dependent on an assigned error, and properly argued in the brief

e)     It is a plain and clerical error

The fact that the appelants brief did not raise the issue of lack of jurisdiction of the trial court should not prevent that Court from taking up such issue. [BAR 1993]

GR: an appellate court has broad discretionary powers to waive the proper lack of assignment of errors and to consider errors not assigned. Provided, it finds that the consideration is necessary in arriving at a complete and just resolution of the case/to serve the interest of justice/to avoid dispensing piecemeal justice.

The resolution of the issue is necessary to arriving at a just disposition of the case.

Harmless errors

·       Jurisprudence: troublesome character of the appellant is a harmless error if the reason for his conviction is his identification by witnesses with high credibility.

·       Does not affect the substantial rights or even the merits of the case.

Payment of docket fee; liberal construction

·       Payment of docket fees and other legal fees within the prescribed period is both mandatory and jurisdictional; non-compliance with which is fatal to an appeal;

·       Without such, appeal is not perfected;

·       Failure to pay: allows only discretionary dismissal, not automatic dismissal of the appeal.

·       Used in the exercise of the Court’s sound discretion; in accordance with the tenets of justice and fair play

Record on appeal; notice of appeal

1.      How made? By filing a notice of appeal with the court which rendered the judgment or final order appealed from and serving a copy thereof upon the adverse party.

                   Record on appeal; not required, except: special proceedings and other cases of multiple/separate appeals.

2.      Multiple appeals, party may appeal a particular incident in the case, and not all matters. Remaining, will be made for resolution of the Court.

e.g. Order of expropriation (determination of lawful right, and order of fixing the just compensation – takes a second and separate appeal)

Dismissal of an appeal

·       by CA own motion/appeellee

a)     failure: record on appeal > to show that the appeal was taken within the period fixed

b)     failure: file the notice of appeal/record on appeal on prescribed period

c)      failure: appellant > to pay the docket and other lawful fees

d)     unauthorized alterations, omissions, or additions in the approved record on appeal

e)     failure: appellant > to serve and file the required number of copies of his brief/memorandum

f)      absence of specific assignment of errors in the appellant’s brief/page references to the record

g)     failure: comply with the requirements > proof of service and contents of, and the documents which should accompany the petition;

h)     failure: comply > any circular, directive, or order of the SC without justifiable cause

i)      error > choice/mode of appeal

j)      fact: case is not appealable to the SC

Withdrawal of the appeal

Before the filing of the appellee’s brief > as a matter of right

After the filing of the appellee’s brief > allowed in the discretion of the court