Table of Contents

Rule 40 ................................................................................................................................................ 2
Rule 41 ................................................................................................................................................ 3
Rule 44 ................................................................................................................................................ 5
Rule 42 ................................................................................................................................................ 9
Rule 43 .............................................................................................................................................. 11
Rule 45 .............................................................................................................................................. 13
Rule 124 ............................................................................................................................................ 15
Rule 38 .............................................................................................................................................. 17
Rule 46 .............................................................................................................................................. 18
Appendixes ....................................................................................................................................... 19

RULE 40
APPEAL FROM MUNICIPAL TRIAL COURTS TO THE REGIONAL TRIAL COURTS

Subject of Appeal
Governs appeals from a judgment or final order of a Municipal Trial Court to the Regional Trial
Court exercising jurisdiction over the area to which the former pertains.

This applicable for questions of fact, law or both.

How to appeal?
1. File a notice of appeal with the court that rendered the judgment or final order appealed
from (MTC). See Appendix A
2. File a record on appeal in special proceedings and in other cases of multiple or separate
appeals with the court that rendered the judgment or final order. In this case, appellant
files a notice of appeal AND a record on appeal. See Appendix B
3. Copies of the notice of appeal, and the record on appeal where required, shall be served
on the adverse party.
4. Pay to clerk of court which rendered the judgment or final order the full amount of
appellate court docket and other lawful fees within period for taking the appeal.

When to file?
1. Notice of appeal within 15 days after notice of the judgment or final order appealed
from.
2. Record on appeal within 30 days after notice of the judgment or final order appealed
from.

Appeal Memorandum See Appendix D
1. Upon receipt of the complete record or the record on appeal, the RTC clerk of court shall
notify the parties.
2. Appellant shall file his appeal memorandum within 15 days from said notice which shall
be furnished by him to the adverse party.
3. Appellee may file his memorandum within 15 days from receipt of the appellants
memorandum.

Contents and Attachments
1. Notice of appeal:
o Parties to the appeal
o Specify the judgment or final order or part thereof appealed from
o Specify the court to which the appeal is being taken
o State the material dates showing the timeliness of the appeal

2. Record on appeal;
o The full names of all the parties to the proceedings shall be stated in the caption
o Includes the judgment or final order from which the appeal is taken
o In chronological order, copies of only such pleadings, petitions, motions and all
interlocutory orders as are related to the appealed judgment or final order for the
proper understanding of the issue involved, together with such data as will show
that the appeal was perfected on time
o Issue of fact - the record on appeal shall include by reference all the evidence,
testimonial and documentary, taken upon the issue involved
o The reference shall specify the documentary evidence by the exhibit numbers or
letters by which it was identified when admitted or offered at the hearing, and the
testimonial evidence by the names of the corresponding witnesses
o If the whole testimonial and documentary evidence in the case is to be included,
a statement to that effect will be sufficient without mentioning the names of the
witnesses or the numbers or letters of exhibits
o Every record on appeal exceeding twenty (20) pages must contain a subject index

Effects of not filing
1. Notice of appeal and record on appeal: Period to file appeal will lapse. MTC judgment or
final order becomes final and executory.
2. Appeal Memorandum: Ground for dismissal of the appeal.

RULE 41
APPEAL FROM THE REGIONAL TRIAL COURTS

Subject of appeal
An appeal may be taken from the following:
1. A judgment or final order that completely disposes of the case, or
2. Of a particular matter therein when declared by these Rules to be appealable (Section 1,
Rule 41).

No appeal may be taken from the following:
1. An order denying a petition for relief or any similar motion seeking relief from judgment
2. An interlocutory order
3. An order disallowing or dismissing an appeal
4. An order 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
5. An order of execution

6. A judgment or final order for or against one or more of several parties or in separate
claims, counterclaims, cross-claims, and third-party complaints, while the main case is
pending, unless the court allows an appeal therefrom
7. An order dismissing an action without prejudice (Section 1, Rule 41)
8. An order denying a motion for new trial or reconsideration*

Remedy where no appeal is provided
In any of the foregoing circumstances mentioned above, the aggrieved party may file an
appropriate special civil action under Rule 65 (Section 1, Rule 41).

Modes of appeal
1. Ordinary Appeal See Appendix C
a. This is the appeal to the Court of Appeals in cases decided by the Regional Trial
Court in the exercise of its original jurisdiction
b. It shall be taken by filing a notice of appeal with the court which rendered the
judgment or final order appealed from
c. The notice of appeal must also be served upon the adverse party
d. A record of appeal is only required:
i. In special proceedings and
ii. Other cases of multiple or separate appeals where the law or these Rules
so require
2. Petition for Review
a. This is the appeal to the Court of Appeals in cases decided by the Regional Trial
Court in the exercise of its appellate jurisdiction
b. It shall be by petition for review in accordance with Rule 42
c. The issues raised are questions of law, of fact, or mixed questions of law and fact
3. Appeal by Certiorari
a. The appeal shall be to the Supreme Court
b. It shall be by petition for review on certiorari under Rule 45
c. The issues raised or involved are only questions of law (Section 2, Rule 41)

Period of ordinary appeal
General Rule: The appeal shall be taken within 15 days from notice of the judgment or final order
appealed from.
Exception: Where a record on appeal is required, the appellants shall file a notice of appeal and
a record on appeal within 30 days from notice of the judgment or final order.

Note: On appeal in habeas corpus cases, it shall be taken within 48 hours from notice of the
judgment or final order appealed from (Section 3, Rule 41).

Effect of dismissal of improper appeal

An appeal erroneously taken to the Court of Appeals shall not be transferred to the appropriate
court but shall be dismissed outright.

The decision of the lower court will become final and executory.

Important rules on appeals
1. Assign all errors
2. You cannot change your theory on appeal
3. You cannot raise issues for the first time on appeal
4. A motion for reconsideration is not required before an appeal

RULE 44
ORDINARY APPEALED CASES

Title of cases
In all cases appealed to the Court of Appeals under Rule 41:
The title of the case shall remain as it was in the court of origin
The party appealing the case shall be further referred to as the appellant
And the adverse party as the appellee (Section 1, Rule 44)

Periods for filing
1. Appellants brief
a. It shall be the duty of the appellant to file with the court within 45 days from
receipt of the notice of the clerk that
i. All the evidence, oral and documentary, are attached to the record
ii. 7 copies of his legibly typewritten, mimeographed or printed brief
iii. With proof of service of 2 copies upon the appellee (Section 7, Rule 44)1
2. Appellees brief
a. The appellee shall file with the court within 45 days from the receipt of the
appellants brief the following:
i. 7 copies of his legibly typewritten, mimeographed, or printed brief
ii. With proof of service of 2 copies upon the appellant (Section 8, Rule 44)

The extension of time for the filing of the briefs will not be allowed, except for good and sufficient
cause, and only if the motion for extension is filed before the expiration of the time sought to be
extended (Section 12, Rule 44).

1
Amended by Efficient Use of Paper Rule: One (1) original properly marked & Two (2) copies with their annexes; No
need to attach copies of annexes which the adverse party already has based on the record of the court

Contents of appellants brief See Appendix E
The appellants brief shall contain, in the order herein indicated, the following:
1. A subject index of the matter in the brief with a digest of the arguments and page
references, and a table of cases alphabetically arranged, textbooks and statutes cited with
references to the pages where they are cited;
2. An assignment of errors intended to be urged, which errors shall be separately, distinctly
and concisely stated without repetition and numbered consecutively;
3. Under the heading "Statement of the Case," a clear and concise statement of the nature
of the action, a summary of the proceedings, the appealed rulings and orders of the court,
the nature of the judgment and any other matters necessary to an understanding of the
nature of the controversy with page references to the record;
4. Under the heading "Statement of Facts," a clear and concise statement in a narrative form
of the facts admitted by both parties and of those in controversy, together with the
substance of the proof relating thereto in sufficient detail to make it clearly intelligible,
with page references to the record;
5. A clear and concise statement of the issues of fact or law to be submitted, to the court for
its judgment;
6. Under the heading "Argument," the appellant's arguments on each assignment of error
with page references to the record. The authorities relied upon shall be cited by the page
of the report at which the case begins and the page of the report on which the citation is
found;
7. Under the heading "Relief," a specification of the order or judgment which the appellant
seeks; and
8. In cases not brought up by record on appeal, the appellant's brief shall contain, as an
appendix, a copy of the judgment or final order appealed from (Section 13, Rule 44).

Discussion on the appellants brief
The purpose of the brief is to present to the court in concise form the points and questions in
controversy, and by fair argument on the facts and law of the case, to assist the court in arriving
at a just and proper conclusion. The brief should be so prepared as to minimize the labor of the
court in the examination of the record up which the appeal is heard and determined. It is
certainly the vehicle of counsel to convey to the court the essential fact s of his clients case, a
statement of the questions of law involved, the law he would have applied and the application
he desires made of it by the court. (Moran Comments on the Rules of Court (1957) citing Bell v.
Germain, 167 Phil 620, 631)

1. Subject index
The index facilitates the review of appeals by providing ready reference, functioning much
like a table of contents.
It makes readily available at ones fingertips the subject of the contents of the brief so that

the need to thumb through the brief page after page to locate the partys arguments or a
particular citation is obviated.

2. Assignment of errors
Assignment of errors in appellate procedure is an enumeration by appellant or plaintiff in
error of the errors alleged to have been committed by the court below in the trial of the
case upon which he seeks to obtain a reversal of the judgment or decree.
It is in a nature of a pleading and performs in the appellate court the same office as a
declaration or complaint. Thus, an appeal without an assignment of errors would be
similar to a suit without a complaint, bill, or declaration.
A general assignment of errors is unacceptable under the rules. The court must specify in
what aspect of the law or facts the trial court erred.

3. Statement of the case
This gives the appellate tribunal an overview of the judicial antecedents of the case,
providing material information regarding the (a) nature of the controversy, (b) the
summary of the proceedings before the trial court, (c) the orders and rulings elevated on
appeal, and (d) the judgment itself.

4. Statement of the facts
This is the very heart of the appellants brief. They are determinative of the law and
jurisprudence applicable to the case, and consequently, will govern the appropriate relief.
It must state the facts admitted by the parties as well as the facts in controversy.
The rule specifically requires that ones statement of facts should be supported by page
references to the record. Disobedience therewith has been punished by dismissal of the
appeal.

5. Issues
This puts forth the questions of fact or law to be resolved by the appellate court.
This should not be confused with the assignment of errors.

6. Arguments
The arguments go hand in hand with the assignment of errors, for the former provide the
justification supporting his contentions, and in so doing resolves the issues.
The appellant must show that he is entitled to the reversal of the judgment appealed by
providing satisfactory reasons for doing so.

7. Reliefs
In so doing, the appellate court is left in no doubt as to the result desired by the appellant,
and act as the circumstances may warrant (Ruben E. Agpalo, Legal Forms).

Effect of not following the order of the appellants brief
In this case, SMCs appeal was denied for failure to comply with the format of the appellants
brief. Similarly, the amended appellants brief was as defective as the first. While the first one
lacked assignment of errors but with a statement of issues, the amended one had assignment of
errors but without statement of issues. The amended brief did not even follow the prescribed
order. Thus, the appeal was properly dismissed (De Liano v. Court of Appeals, G.R. No. 142316,
22 November 2001).

Contents of appellees brief - See Appendix F
The appellees brief shall contain, in the order herein indicated, the following:
1. A subject index of the matter in the brief with a digest of the arguments and page
references, and a table of cases alphabetically arranged, textbooks and statutes cited with
references to the pages where they are cited;
2. Under the heading "Statement of Facts," the appellee shall state that he accepts the
statement of facts in the appellant's brief, or under the heading "Counter-Statement of
Facts," he shall point out such insufficiencies or inaccuracies as he believes exist in the
appellant's statement of facts with references to the pages of the record in support
thereof, but without repetition of matters in the appellant's statement of facts; and
3. Under the heading "Argument," the appellee shall set forth his arguments in the case on
each assignment of error with page references to the record. The authorities relied on
shall be cited by the page of the report at which the case begins and the page of the report
on which the citation is found (Section 14, Rule 44).

Appellee cannot assign errors
The appellees role in the appeal process is confined only to the task of refuting the assigned
errors interposed by the appellant. Since the appellee is not the party who instituted the appeal,
and accordingly has not complied with the procedure prescribed therefor, he merely assumes a
defensive stance and his interest solely relegated to the affirmance of the judgment appealed
from. It is therefore highly erroneous for the appellee to either assign any error or seek any
affirmative relief or modification of the lower courts judgment without interposing its own
appeal. Thus, in this case, the CA erred in dismissing the appeal on the ground of improper venue,
which was raised by the appellee (Cruz v. MIAA, G.R. No. 184732, 9 September 2013).

Appellants reply brief
The appellant may file with the court within 20 days from the receipt of the appellees brief a
reply brief answering points in the appellees brief not covered in his main brief. (Section 9, Rule
44)

Several appellants or appellees or several counsel for each party

Where there are several appellants or appellees, each counsel representing one or more but not
all of them shall be served with only one copy of the briefs. When several counsel represent one
appellant or appellee, copies of the brief may be served upon any of them (Section 11, Rule 44).


Memoranda in special cases
In certiorari, prohibition, mandamus, quo warranto, and habeas corpus cases, the parties shall
file, in lieu of briefs, their respective memoranda within a non-extendible period of 30 days from
receipt of the notice issued by the clerk that all the evidence, oral and documentary, is already
attached to the record (Section 10, Rule 44).

Effect of failure to file: The failure of the appellant to file his memorandum within the period
therefor may be a ground for dismissal of the appeal (Section 10, Rule 44)

RULE 42
PETITION FOR REVIEW FROM THE REGIONAL TRIAL COURTS TO THE COURT
OF APPEALS

Applicability
Applies to those wishing to appeal a decision rendered by the RTC in its appellate jurisdiction.

How Appeal Taken; Time of Filing
Party may file a verified petition for review with the Court of Appeals, paying at the same time to
the clerk of said court the corresponding docket and other lawful fees, depositing the amount of
P500.00 for costs, and furnishing the Regional Trial Court and the adverse party with a copy of
the petition.

Time of Filing
The petition shall be filed and served within 15 days from notice of lower courts decision or of
the denial of petitioners motion for new trial or reconsideration.

May time of filing be extended?
Yes, upon proper motion and the payment of the docket and other lawful fees, the Court of
Appeals may grant an additional period of 15 days within which to file the petition for review. No
further extension shall be granted except for the most compelling reason and in no case to
exceed fifteen (15) days.

Form and Content See Appendix G
It shall be in7 copies, and shall:

1. State full names of the parties to the case, without impleading the lower courts or judges
thereof either as petitioners or respondents;
2. Include specific material dates showing that it was filed on time;
3. Include a statement of the matters involved, the issues raised, the specification of errors
of fact or law, or both, allegedly committed by the Regional Trial Court, and the reasons
or arguments relied upon for the allowance of the appeal;
4. Be accompanied by clearly legible duplicate originals or true copies of the judgments or
final orders of both lower courts.
5. It shall also be accompanied by a certification of non-forum shopping done under oath.

Effect of failure to comply with requirement
It shall be sufficient ground for the dismissal thereof. Appeal in this case is statutory, and not as
a matter of right.

Action on the petition.
CA may:
1. Require the respondent to file a comment on the petition, , within ten (10) days from
notice, or;
2. Dismiss the petition if it finds the same to be patently without merit, prosecuted
manifestly for delay, or that the questions raised therein are too unsubstantial to require
consideration.

Contents of Comment
The comment shall be 7 copies, accompanied by certified true copies of such material portions
of the record referred to therein together with other supporting papers and shall:
1. State whether or not he accepts the statement of matters involved in the petition;
2. Point out such insufficiencies or inaccuracies as he believes exist in petitioners statement
of matters involved but without repetition; and
3. State the reasons why the petition should not be given due course.

Elevation of Records
If the petition is given due course, if Court of Appeals deems it necessary, it may order the clerk
of court of the Regional Trial Court to elevate the original record of the case within 15 days from
notice.

Effect of appeal.
The appeal shall not stay the award, judgment, final order or resolution sought to be reviewed
unless CA says otherwise.

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Submission for decision.

If given due course, CA may set the case for oral argument or require the parties to submit
memoranda within 15 days from notice. Case shall be deemed submitted for decision upon the
filing of the last pleading or memorandum.

RULE 43
APPEALS FROM THE COURT OF TAX APPEALS AND QUASI-JUDICIAL
AGENCIES TO THE COURT OF APPEALS

Applicability
Applies to those wishing to appeal a judgment or final order from the CTA and from awards,
judgments, final orders or resolutions of or authorized by any quasi-judicial agency in the exercise
of its quasi-judicial functions. There is a list in Sec 1 Rule 43.

Sec 1 Rule 43 is not an exhaustive list. To determine whether or not a decision of a government
agency is appealable, first determine if said agency is using a quasi-judicial function. If it is done
using a quasi-judicial function, then follow the rules on appeal (only final orders are appealable).
Next, look at the charter of the agency, if it says that it is appealable under rule 43 or even if it
merely says appealable, apply Rule 43.

Cases not Covered
This Rule shall not apply to judgments or final orders issued under the Labor Code of the
Philippines.

Where to appeal
Taken to Court of Appeals within the period and in the manner herein provided, whether the
appeal involves questions of fact, of law, or mixed questions of fact and law.

Period of Appeal
Within 15 days from notice of the award, judgment, final order or resolution, or from the date of
its last publication, if publication is required by law for its effectivity, or of the denial of
petitioners motion for new trial or reconsideration duly filed in accordance with the governing
law of the court or agency a quo.

May period of appealing be extended?
Yes, upon proper motion and the payment of the docket and other lawful fees, the Court of
Appeals may grant an additional period of 15 days within which to file the petition for review. No
further extension shall be granted except for the most compelling reason and in no case to
exceed fifteen (15) days.

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How Appeal Taken

It shall be in 7 copies taken to the Court of Appeals, with proof of service of a copy thereof on
the adverse party and on the court or agency a quo.

Note: Exemption from payment of docketing and other lawful fees and the deposit for costs may
be granted by the Court of Appeals upon a verified motion setting forth valid grounds therefor.

Contents See Appendix H
1. State the full names of the parties to the case, without impleading the court or agencies
either as petitioners or respondents;
2. Contain a concise statement of the facts and issues involved and the grounds relied upon
for the review;
3. Be accompanied by a clearly legible duplicate original or a certified true copy of the award,
judgment, final order or resolution appealed from, together with certified true copies of
such material portions of the record referred to therein and other supporting papers; and
4. Contain a sworn certification against forum shopping

The petition shall also state the specific material dates showing that it was filed within the period
fixed herein.

Effect of failure to comply with requirement
It shall be sufficient ground for the dismissal thereof. Appeal in this case is statutory, and not as
a matter of right.

Action on the petition.
CA may:
1. Require the respondent to file a comment on the petition, , within ten (10) days from
notice, or
2. Dismiss the petition if it finds the same to be patently without merit, prosecuted
manifestly for delay, or that the questions raised therein are too unsubstantial to require
consideration.

Contents of Comment
The comment shall be 7 copies, accompanied by certified true copies of such material portions
of the record referred to therein together with other supporting papers and shall:
1. Point out such insufficiencies or inaccuracies as he believes exist in petitioners statement
of matters involved but without repetition; and
2. State the reasons why the petition should not be given due course.

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Elevation of Records
If the petition is given due course, if Court of Appeals deems it necessary, it may order the clerk
of court of the Regional Trial Court to elevate the original record of the case within 15 days from
notice.

Effect of appeal.
The appeal shall not stay the award, judgment, final order or resolution sought to be reviewed
unless CA says otherwise.

Submission for decision.
If given due course, CA may set the case for oral argument or require the parties to submit
memoranda within 15 days from notice. Case shall be deemed submitted for decision upon the
filing of the last pleading or memorandum.

RULE 45
APPEAL BY CERTIORARI TO THE SUPREME COURT

Applicability
Applicable to both civil and criminal cases, except in criminal cases where the penalty imposed is
death, reclusion perpetua or life imprisonment.

Purpose of filing
Appeal from a judgment or final order or resolution of the CA, the Sandiganbayan, the CTA, the
RTC (in its original jurisdiction) or other courts whenever authorized by law.

The petition may include an application for a writ of preliminary injunction or other provisional
remedies and shall raise only questions of law, which must be distinctly set forth. The petitioner
may seek the same provisional remedies by verified motion filed in the same action or proceeding
at any time during its pendency

Period to appeal
General Rule: The appeal shall be taken within 15 days from notice of the judgment or final order
appealed from.
Exception: On motion duly filed and served, with full payment of the docket and other lawful fees
and the deposit for costs before the expiration of the reglementary period, the Supreme Court
may for justifiable reasons grant an extension of thirty (30) days only within which to file the
petition.

Docket Fees

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Petitioner shall pay the corresponding docket and other lawful fees to the clerk of court of the
SC and deposit P500.00 for costs at the time of the filing of the petition.

Proof Of Service
Proof of service of a copy thereof on the lower court concerned and on the adverse party shall
be submitted together with the petition.

Contents of Petition See Appendix I
It shall be in 18 copies, and shall include:
1. The full name of the appealing party as the petitioner and the adverse party as
respondent;
2. The material dates showing when notice of the judgment or final order or resolution
subject thereof was received, when a motion for new trial or reconsideration, if any, was
filed and when notice of the denial thereof was received;
3. Statement of the matters involved, and the reasons or arguments relied on for the
allowance of the petition;
4. Clearly legible duplicate original, or a certified true copy of the judgment or final order or
resolution certified by the clerk of court of the court a quo and the requisite number of
plain copies thereof, and such material portions of the record as would support the
petition; and
5. Sworn certification against forum shopping as provided in the last paragraph of section 2,
Rule 42.

Dismissal or Denial of Petition
Failure of petitioner to abide by the above 3 requirements shall be sufficient ground for dismissal
thereof.

Supreme Court may on its own initiative deny the petition on the ground that the appeal is
without merit, or is prosecuted manifestly for delay, or that the questions raised therein are too
unsubstantial to require consideration.

Review Discretionary
NOT a matter of right.

The following, while neither controlling nor fully measuring the courts discretion, indicate the
character of the reasons which will be considered:
1. When the court a quo has decided a question of substance, not theretofore determined
by the SC, or has decided it in a way probably not in accord with law or with the applicable
decisions of the SC; or

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2. When the court a quo has so far departed from the accepted and usual course of judicial
proceedings, or so far sanctioned such departure by a lower court, as to call for an
exercise of the power of supervision.

Additional Requirements by the Supreme Court
Supreme Court may require or allow the filing of such pleadings, briefs, memoranda or
documents as it may deem necessary within such periods and under such conditions as it may
consider appropriate, and impose the corresponding sanctions in case of non-filing or
unauthorized filing of such pleadings and documents.


Due Course; Elevation of Records
If the petition is given due course, the Supreme Court may require the elevation of the complete
record of the case or specified parts thereof within fifteen (15) days from notice.

RULE 124
PROCEDURE IN THE COURT OF APPEALS

These rules apply in cases where a criminal case is appealed from the RTC to the Court of Appeals

Title of Cases
1. In all criminal cases appealed to the Court of Appeals
2. Part appealing Appellant
3. Adverse Party Appellee
*Title of the case will remain as it was in the Court of Origin

How to appeal/Periods of Filing?
1. Appellants Brief
a. The party appealing must file an appellants brief with the clerk of court.
b. Brief must be filed within 30 days from receipt by the appellant or his counsel of
the notice from the clerk of the Court of Appeals that the evidence, oral and
documentary, is already attached on record,
c. Appellant shall file seven (7) copies of his brief with the clerk of court which
d. Accompanied by two (2) copies of proof of service

2. Appellees Brief
a. The appellee shall then have 30 days from the receipt of the appellants brief to
file:
i. 7 copies of his brief to the clerk of court
ii. With 2 copies of proof of service

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The extension of time for the filing of the briefs will not be allowed, except for good and sufficient
cause, and only if the motion for extension is filed before the expiration of the time sought to be
extended (Section 5, Rule 124).

Forms of Briefs:
Briefs shall either be printed, encoded or typewritten in double space on legal size good quality
unglazed paper, 330 mm. in length by 216 mm. in width (Sec. 6, Rule 124)

Contents of appellants brief The briefs shall have the same contents as provided in Section 13,
Rule 44 (Sec. 7, Rule 124)

The appellants brief shall contain, in the order herein indicated, the following: - See Appendix E
1. A subject index of the matter in the brief with a digest of the arguments and page
references, and a table of cases alphabetically arranged, textbooks and statutes cited
with references to the pages where they are cited;
2. An assignment of errors intended to be urged, which errors shall be separately,
distinctly and concisely stated without repetition and numbered consecutively;
3. Under the heading "Statement of the Case," a clear and concise statement of the
nature of the action, a summary of the proceedings, the appealed rulings and orders of
the court, the nature of the judgment and any other matters necessary to an
understanding of the nature of the controversy with page references to the record;
4. Under the heading "Statement of Facts," a clear and concise statement in a narrative
form of the facts admitted by both parties and of those in controversy, together with
the substance of the proof relating thereto in sufficient detail to make it clearly
intelligible, with page references to the record;
5. A clear and concise statement of the issues of fact or law to be submitted, to the court
for its judgment;
6. Under the heading "Argument," the appellant's arguments on each assignment of error
with page references to the record. The authorities relied upon shall be cited by the
page of the report at which the case begins and the page of the report on which the
citation is found;
7. Under the heading "Relief," a specification of the order or judgment which the
appellant seeks; and
8. In cases not brought up by record on appeal, the appellant's brief shall contain, as an
appendix, a copy of the judgment or final order appealed from (Section 13, Rule 44).

Contents of appellees brief - The briefs shall have the same contents as provided in Section 13,
Rule 44 (Sec. 7, Rule 124)

The appellees brief shall contain, in the order herein indicated, the following: - See Appendix F

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1. A subject index of the matter in the brief with a digest of the arguments and page
references, and a table of cases alphabetically arranged, textbooks and statutes cited with
references to the pages where they are cited;
2. Under the heading "Statement of Facts," the appellee shall state that he accepts the
statement of facts in the appellant's brief, or under the heading "Counter-Statement of
Facts," he shall point out such insufficiencies or inaccuracies as he believes exist in the
appellant's statement of facts with references to the pages of the record in support
thereof, but without repetition of matters in the appellant's statement of facts; and

Under the heading "Argument," the appellee shall set forth his arguments in the case on each
assignment of error with page references to the record. The authorities relied on shall be cited
by the page of the report at which the case begins and the page of the report on which the
citation is found (Section 14, Rule 44)

RULE 38
PETITION FOR RELIEF FROM JUDGMENTS, ORDERS, OR OTHER
PROCEEDINGS


Subject of Relief
A petition may be filed:
1. When a judgment or final order is entered in any court through fraud, accident, mistake
or excusable negligence
o Note: any court means the MTC or the RTC rendering judgment in its original
jurisdiction (Mesina v. Meer, G.R. No. 146845, 2 July 2002, 383 SCRA 625)
2. When a judgment or final order is rendered, and party thereto, by fraud, accident,
mistake or excusable negligence, has been prevented from taking an appeal

Period for filing
It must be filed within 60 days after the petitioner learns of the judgment, final order or other
proceedings, and not more than 6 months after such judgment or final order was entered or such
proceeding was taken

Formal Requirements See Appendix J
1. Verified (No need for CNFS)
2. Accompanied with affidavits showing the fraud, accident, mistake or excusable
negligence relied upon, and the facts constituting the petitioners good and substantial
cause of action or defense

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RULE 47
PETITION FOR ANNULMENT OF JUDGMENTS OR FINAL ORDERS AND
RESOLUTIONS

Subject of Relief
A petition may be filed to annul judgments or final orders and resolutions by the CA in civil actions
of RTC which ordinary remedies of new trial, appeal, petition for relief or other appropriate
remedies are no longer available through no fault of petition on the grounds of:
1. Extrinsic fraud
o Not a valid ground if it was availed of, or could have been availed of, in a motion
for new trial or petition for relief
2. Lack of jurisdiction
3. Denial of due process (Benatiro v. Heirs of Evaristo Cuyos, G.R. No. 161220, 30 July 2008,
560 SCRA 478)

Who may file
General Rule: Party to the original case
Exception: In proceedings in rem, such that with the corresponding publication of the petition,
the courts jurisdiction extends to all persons interested.

Where the relief is not available
The Supreme Court has no authority over this relief, as Rule 47 does not pertain to nullification
of decisions of the Court of Appeals (Grande v. University of the Philippines, G.R. No. 148456, 15
September 2006, 502 SCRA 67)

Period for filing
If based on:
1. Extrinsic fraud within 4 years from its discovery
2. Lack of jurisdiction before it is barred by laches or estoppel

Formal Requirements - See Appendix K
1. Verified
2. Certificate of Non-forum Shopping
3. Material dates (Ramos v. Combong Jr., G.R. No. 144273, 20 October 2005, 473 SCRA 499)
4. Certified true copy of the judgment or final order or resolution attached to the original
copy of the resolution
5. Affidavit of witnesses or documents supporting the cause of action or defenses

18


APPENDIX A

Republic of the Philippines

National Capital Judicial Region
METROPOLITAN TRIAL COURT
Branch __
Quezon City

__________________
Plaintiff,
Civil Case No. ______
-versus- For: __________

__________________
Defendant,
x-------------------------------------------------------------------------x

NOTICE OF APPEAL

DEFENDANT, by counsel and to this Honorable Court hereby gives notice

that he is appealing the adverse decision of this Court dated ______, copy of which
was served on defendant on ______, to the Regional Trial Court, the same being
contrary to the facts and the law.

Defendant has paid the appeal fees, per Official Receipt No. ______, dated
______, copy of which is enclosed.

WHEREFORE, it is respectfully prayed that the records of the case, together

with the original of the Official Receipt of payment of appeal and other fees, be
elevated to the Regional Trial Court for disposition of the appeal.

Quezon City, (Date)

(Counsel for defendant)

(Address)

19


Roll of Attorney No.:

IBP No.:
PTR No.:

Copy furnished:

_____________________
(Counsel for the plaintiff)

20


APPENDIX B
Republic of the Philippines
National Capital Judicial Region
METROPOLITAN TRIAL COURT
Branch __
Quezon City

___________________
Plaintiff,
Special Proceedings No.
______
-versus- For: __________

___________________
Defendant,
x-------------------------------------------------------------------------x

NOTICE OF APPEAL AND RECORD ON APPEAL

DEFENDANT, by counsel and to this Honorable Court hereby gives notice

that he is appealing the adverse decision of this Court dated ______, copy of which
was served on defendant on ______, to the Regional Trial Court, the same being
contrary to the facts and the law.

Since this appeal refers to special proceeding in the settlement of estate of the
deceased ______ involving estate value of not more than P400,000, this notice of
appeal and record on appeal are filed within 30 days after notice of said decision on
_______.

Defendant has paid the appeal fees, per Official Receipt No. ______, dated
______, copy of which is enclosed.

WHEREFORE, it is respectfully prayed that the records of the case, together

with the original of the Official Receipt of payment of appeal and other fees, be
elevated to the Regional Trial Court for disposition of the appeal.

21


Quezon City, (Date)

(Counsel for defendant)

(Address)
Roll of Attorney No.:
IBP No.:
PTR No.:

Copy furnished:
_____________________
(Counsel for the plaintiff)

22


APPENDIX C

Republic of the Philippines

National Capital Judicial Region
REGIONAL TRIAL COURT
Branch __
Quezon City

___________________
Plaintiff,
Civil Case No. ______
-versus- For: __________

___________________
Defendant,
x-------------------------------------------------------------------------x

RECORD ON APPEAL

BE IT REMEMBERED, that on the dates herein respectively mentioned, the

following proceedings were had in the Regional Trial Court of Quezon City.

1. That on ______, the plaintiff-appellee filed a complaint against the

defendant-appellant, in the following tenor:
(Copy Complaint)

2. That on ______, the defendant-appellant filed his Answer to said

complaint, as follows:
(Copy Complaint)

3. That after due hearing, the court, on ______ rendered the following
decision:
(Copy Decision)

23


4. That on ______, defendant-appellant filed a motion for reconsideration of

the following tenor:
(Copy Motion for Reconsideration)

5. That on ______, the court issued an order denying said motion for
reconsideration, to wit:
6. That on ______, defendant-appellant received notice of said order denying
his motion for reconsideration, and on ______ filed his Notice of Appeal
to the Court of Appeals as follows:
(Copy Notice of Appeal)

WHEREFORE, the defendant-appellant prays the approval of this Record on

Appeal and
that the same be transmitted to the Court of Appeals, together with all the oral and
documentary evidence given and presented at the trial of the above-entitled case.

Quezon City, (Date)

(Counsel for defendant)

(Address)
Roll of Attorney No.:
IBP No.:
PTR No.:

Copy furnished:

_____________________
(Counsel for the plaintiff)

24


APPENDIX D

Republic of the Philippines

National Capital Judicial Region
METROPOLITAN TRIAL COURT
Branch __
Quezon City

__________________
Plaintiff - Appellee,
Civil Case No. ______
-versus- For: __________

__________________
Defendant - Appellant,
x-------------------------------------------------------------------------x

MEMORANDUM OF APPEAL

DEFENDANT APPELLANT, by counsel, having received the Order dated

____ of this Honorable Court on ____, respectfully submits this Memorandum in
compliance thereto.

STATEMENT OF THE CASE

(Summary of proceedings, appealed ruling, orders of the court, nature of the

judgment, and other matters necessary to an understanding of the nature of the
controversy)

STATEMENT OF THE ISSUES

1. First Issue
2. Second Issue
xxx

25


ARGUMENTS

(Clear and concise presentation of the arguments in support of each issue citing the
authorities relied upon.)

PRAYER

WHEREFORE, it is respectfully prayed that the Judgment promulgated on

______ and the Order dated ______ be REVERSED and SET ASIDE.

Other reliefs, just and equitable are likewise prayed for.

Quezon City, (Date)

(Counsel for defendant)

(Address)
Roll of Attorney No.:
IBP No.:
PTR No.:

Copy furnished:

_____________________
(Counsel for the plaintiff)

26


APPENDIX E
REPUBLIC OF THE PHILIPPINES
COURT OF APPEALS
MANILA

FIRST DIVISION

CA-G.R. No. 157498

Civil Case No. 1489
RTC Makati

Carlo G. Africa

Plaintiff-Appellant

- versus

Patrick V. Arcellana
Defendant-Appellee

27


APPELLANTS BRIEF

RAMIREZ MANGASER ALCID & CASTRO

Counsel for Plaintiff-Appellant
27th Floor, Net One Center
Taguig, Metro Manila

28


TABLE OF CONTENTS

Page No.

ASSIGNMENT OF ERRORS ________

STATEMENT OF THE CASE ________

STATEMENT OF THE FACTS ________

ISSUES ________

ARGUMENTS ________

DISCUSSION ________

FIRST ASSIGNMENT OF ERROR ________

_________________________________________
_________________________________________
_________________________________________

SECOND ASSIGNMENT OF ERROR ________

_________________________________________

29


_________________________________________
_________________________________________

THIRD ASSIGNMENT OF ERROR ________

_________________________________________
_________________________________________
_________________________________________

PRAYER ________

30


TABLE OF AUTHORITIES

I. STATUTES

II. BOOKS

III. JURISPRUDENCE

IV. OTHERS (i.e. Administrative Rulings; Treatises)

31


REPUBLIC OF THE PHILIPPINES

COURT OF APPEALS
Manila
First Division

Carlo G. Africa,
Plaintiff-Appellant,

CA-G.R.No. 157498
- versus - Civil case no. 1489, RTC Makati
Branch no. 65

Patrick V. Arcellana,
Defendant-Appellee.
x ----------------------------------------------------- x

APPELLANTS BRIEF

32


Plaintiff-Appellants Carlo G. Africa, by counsel, respectfully states:

33


PRELIMINARY STATEMENTS
ASSIGNMENT OF ERRORS

THE TRIAL COURT ERRED IN RULING

______________________________
______________________________

II
THE TRIAL COURT ERRED IN FINDING
______________________________
______________________________

III

THE TRIAL COURT ERRED IN HOLDING

______________________________
______________________________

34


STATEMENT OF THE CASE

1.
2.
STATEMENT OF THE FACTS
1.
2.
ISSUES
I

II

III

ARGUMENTS

DISCUSSION

PRAYER

WHEREFORE, it is respectfully prayed ___________.

Other relief just and equitable are likewise prayed for.

Taguig City for Makati, February 14, 2016.

35


RAMIREZ MANGASER ALCID & CASTRO

Counsel for Plaintiff-Appellant
27th Floor, Net One Center
Taguig, Metro Manila

By:

Danielle S. Tan
PTR No.______;_______;_______
IBP No.______;_______;_______

36


VERIFICATION/CERTIFICATION

I, (name of client/s or if client is a corporation name of representative),

(nationality), of legal age, and with office address at (office address), after having
been sworn in accordance with law, depose and state that:

1. I am (the/one of the/a representative of/ the ________of)

(defendant/s/plaintiff/s) appellant/s in the above-captioned case.

2. (On behalf of (name of the client which is a juridical entity, which duly
authorized me for this purpose,) I caused the preparation of the foregoing
Appellants/s Brief.

3. I have read the Appellants Brief, the contents of which are true and
correct based on my own personal knowledge and authentic records at hand.

4. No other action or proceeding involving the same issues raised in the

Appellants Brief has been commenced in the Supreme Court, Court of Appeals or
any other tribunal or agency; and to the best of my knowledge, no such action or
proceeding is pending therein.

5. Should I hereafter learn that a similar action or proceeding has been

filed or is pending before the supreme Court, the Court of Appeals or any other
tribunal or agency, I undertake to report that fact to this Honorable Court within five
(5) days therein.

(client/s or representative of client/s)

SUBSCRIBED AND SWORN to before me this ___ day of ____ 20__, affiant
exhibiting to me his/her Community Tax Certificate No. _____ issued at ________
on __________.

37


Doc. No. _____;

Page No. _____;
Book No. _____;
Series of _____.

Copy Furnished:

(name of opposing counsel)

(address of opposing counsel)

EXPLANATION FOR FILING AND SERVING

BY REGISTERED MAIL
(Pursuant to Section 11, Rule 13 of the Rules of Court)

Defendant/s/Plaintiff/s Appellant/s, by counsel, respecfully state that

the foregoing Appellants/s Brief is being filed and served by registered mail
because (reason) .

(name of the lawyer who signed Brief

(pleading ID i.e. fortune.brief)

38


(lawyers initials i.e. plt) (diskette Id - i.e. 00.9)

(file no. i.e. 5.5047)

39


APPENDIX F
REPUBLIC OF THE PHILIPPINES
COURT OF APPEALS
MANILA

FIRST DIVISION

CA-G.R. No. 165249

Civil Case No. 1588
RTC Quezon City

Carlo G. Africa

Plaintiff-Appellant

- versus

Patrick V. Arcellana
Defendant-Appellee

40


APPELLEES BRIEF

RAMIREZ MANGASER ALCID & CASTRO

Counsel for Defendant-Appellee
27th Floor, Net One Center
Taguig, Metro Manila

TABLE OF CONTENTS

41


Page No.
STATEMENT OF FACTS and/or
COUNTER STATEMENT OF
FACTS _________

STATEMENT OF THE CASE _________

ARGUMENTS _________

DISCUSSION _________

REFUTATION OF FIRST ASSIGNMENT

OF ERROR _________
________________________________________
________________________________________
________________________________________

REFUTATION OF SECOND ASSIGNMENT

OF ERROR _________
________________________________________
________________________________________
________________________________________

42


REFUTATION OF THIRD ASSIGNMENT

OF ERROR __________
________________________________________
________________________________________
________________________________________

PRAYER __________

43


TABLE OF AUTHORITIES

I. JURISPRUDENCE

II. TEXTBOOKS

III. STATUTES

IV. OTHERS (i.e. Administrative Rulings; Treatises)

44


REPUBLIC OF THE PHILIPPINES

COURT OF APPEALS
Manila
First Division

Carlo G. Africa,
Plaintiff-Appellant,

CA-G.R.No. 165249
- versus - Civil case no. 1588, RTC Quezon City
Branch no. 80

Patrick V. Arcellana,
Defendant-Appellee
x ------------------------------------------------- x

APPELLEES BRIEF

45


Defendant-Appellee Patrick V. Arcellana, by counsel, respectfully states:

STATEMENT OF FACTS and/or

COUNTERSTATEMENT OF FACTS

STATEMENT OF THE CASE

ARGUMENTS

REFUTATION OF FIRST ASSIGNMENT OF ERROR

II

REFUTATION OF SECOND ASSIGNMENT OF ERROR

46


III

REFUTATION OF THIRD ASSIGNMENT OF ERROR

DISCUSSION

I. REFUTATION OF FIRST ASSIGNMENT OF ERROR

II. REFUTATION OF SECOND ASSIGNMENT OF ERROR

III. REFUTATION OF THIRD ASSIGNMENT OF ERROR

PRAYER

WHEREFORE, it is respectfully prayed

Other relief just and equitable are likewise prayed for.

47


Taguig City for Quezon City, February 17, 2016.

RAMIREZ MANGASER ALCID & CASTRO

Counsel for Defendant-Appellee
27th Floor, Net One Center
Taguig, Metro Manila

By:

Dorothy S. Orial
PTR No.______;_______;_______
IBP No.______;_______;_______

48


VERIFICATION/CERTIFICATION

I, name of client(s) or if client is a corporation, name of representative,

nationality, of legal age, and with office address at ____________, after having been
sworn in accordance with law, depose and state that:

1. I am the/one of the/a representative of Plaintiff(s)/Defendant(s)

Appellee(s) in the above-captioned case.

2. On behalf of name of the client which is a juridical entity, which duly

authorized representative for this purpose, I caused the preparation of the foregoing
Appellees Brief.

3. I have read the Appellees Brief, the contents of which are true and
correct based on my own personal knowledge and authentic documents at hand.

4. No other action or proceeding involving the same issues raised in the

Appellees Brief has been commenced in the Supreme Court, Court of Appeals or
any other tribunal or agency; and to the best of my knowledge, no such action or
proceeding is pending therein.

5. Should I hereafter learn that a similar action or proceeding has been

filed or is pending before the supreme Court, the Court of Appeals or any other
tribunal or agency, I undertake to report that fact to this Honorable Court within five
(5) days therein.

___________________________________
client(s) or representative of client(s)

SUBSCRIBED AND SWORN to before me this ___ day of ____ 20__, affiant
exhibiting to me his/her Community Tax Certificate No. _____ issued at ________
on __________.

49


Doc. No. ______;

Page No. ______;
Book No. ______;
Series of ______.

EXPLANATION FOR FILING AND SERVING

BY REGISTERED MAIL
(Pursuant to Section 11, Rule 13 of the Rules of Court)

Plaintiff(s)/Defendant(s) Appellee(s), by counsel, respectfully state that the

foregoing Appellees Brief is being filed and served by registered mail because
(reason).

____________________________________
name of the lawyer who signed Brief

Copy Furnished:

(name of opposing counsel)

(address of opposing counsel)

(pleading ID i.e. hanford.brief)

(lawyers initials i.e. ard) (diskette Id - i.e. 00.9)
(file no. i.e. 5.0069)

50


APPENDIX G
REPUBLIC OF THE PHILIPPINES
COURT OF APPEALS
MANILA

PETITIONER,
Petitioner,

-versus- CA-G.R. SP. NO. ____

RESPONDENT,
Respondent.

X ---------------------------------------------------------------------X

PETITION FOR REVIEW

PETITIONER, by counsel and to this Honorable Court, respectfully alleges:

NATURE OF THE CASE

This is a petition for review pursuant to Rule 42 of the Rules of Court of the
decision of the RTC of Manila, Branch ___, entitled ______ vs ______, Civil Case
No. _______, which

PARTIES TO THE CASE

1. Petitioner is of legal age and is the plaintiff in said Civil Case No.
_______, entitled ________, MTC, Manila

2. Respondent is also of legal age, and is the defendant in said Civil Case
No. ________, MTC, Manila. He may be served with legal process at c/o his
counsel, Atty. _______, with office address at _________
TIMELINESS OF PETITION

51


3. On ________, petitioner received a copy of the decision of the RTC in Civil

Case No. _______. Certified true copy of said decision is attached hereto as Annex
A

4. On ________ or within the 15-day period from receipt of said decision

Annex A, petitioner filed a motion for reconsideration of said decision. On
_______, the trial court denied said motion for reconsideration, copy of which denial
was received by petitioner on _________. Certified true copy of the order denying
the motion of reconsideration is attached hereto as Annex B

5. The instant petition is filed within 15 days from receipt on ______ of the
order denying the motion of reconsideration.

STATEMENT OF FACTS AND MATTERS INVOLVED

The factual background and proceedings are as follows:

(Make concise statement of the facts and proceedings that took place in
MTC and RTC, until the latter rendered its questioned decision and its date of
receipt by petitioner)

ISSUES RAISED

The issues raised in this petition are:

(Enumerate the issues, both of law and fact)

ERRORS COMMITTTED BY TRIAL COURT

(Enumerate the errors of law and facts committed by the trial court.)

GROUNDS FOR ALLOWANCE OF THE WRIT PRAYED FOR

(Enumerate the grounds or reasons)

DISCUSSION

52


(Discuss in detail each of the grounds and reasons in light of the errors
committed)

PRAYER

WHEREFORE, petitioner respectfully prays as follows:

1. That petition be given due course

2. That after proceedings, judgment be rendered

a. Copy of reliefs made in appeal to the RTC

b. Adjudging respondent liable

The petitioner also prays for such other measures of relief as this Honorable
Court may deem just and proper in the premises.

Date and place.

YOUR LAW FIRM HERE

th
Unit 616 6 Floor, Business Center, Rich Street, Cosmopolitan City,
Metropolitan Manila
Email Address: info@yourlawfirmhere@mail.com
Telefax No. (02 xxx-xxxx)

DANILO R. GALLINARI
Roll No. 00000
IBP Lifetime No. 00000 / RSM
PTR No. 0000000 / 21 January 2015 / Mandaluyong City
MCLE Certificate of Compliance No. IV-0000000

53


KRISTAPS P. PORZINGIS
Roll No. 00000
IBP No. 00000/ 07 Jan 2015 / RSM
PTR No. 0000000 / 14 Jan 2015 / Pasig City
MCLE Compliance Certificate No. IV-0000000

COPY FURNISHED:

OTHER LAW OFFICE

Counsel for Respondents
xxxxxxxxxxxxxxxxxxxx

[Name of Judge]
Regional Trial Court
Branch XX, XXX city

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, _______________________, of legal age, after having been duly sworn in

accordance with law, depose and state that:

1. I am a plaintiff in the above-stated case;

2. I caused the preparation of the foregoing complaint;

3. I have read the contents thereof and the facts stated therein are true and correct
of my personal knowledge and/or on the basis of copies of documents and records
in my possession;

4. I have not commenced any other action or proceeding involving the same issues
in the Supreme Court, the Court of Appeals, or any other tribunal or agency;

54


5. To the best of my knowledge and belief, no such action or proceeding is pending

in the Supreme Court, the Court of Appeals, or any other tribunal or agency;

6. If I should thereafter learn that a similar action or proceeding has been filed or is
pending before the Supreme Court, the Court of Appeals, or any other tribunal or
agency, I undertake to report that fact within five (5) days therefrom to this
Honorable Court.

___________________________

Affiant

SUBSCRIBED AND SWORN to before me this ___ day of

__________ 200_ at _________________ affiant exhibiting to me his Community
Tax Certificate No.____________________ issued on ________________ 200_ at
______________ City.

Doc. No. ;
Page No. ;
Book No. ;
Series of 200_

55


APPENDIX H
REPUBLIC OF THE PHILIPPINES
COURT OF APPEALS
MANILA

ABC Corporation,
Petitioner,

-versus- CA-G.R. SP. NO. ____

ABC Company,
Respondent.

X ---------------------------------------------------------------------X

PETITION FOR REVIEW

PETITIONER, by counsel and to this Honorable Court, respectfully alleges:

NATURE OF THE CASE

This is a petition for review pursuant to Rule 43 of the Rules of Court, to
nullify and set aside the decision rendered by the Securities and Exchange
Commission en banc, in SEC Case No. _______ entitled __________., canceling its
corporate name upon..

PARTIES TO THE CASE

Petitioner ABC Corporation is a corporation duly organized and existing
under and by virtue of the laws of the Philippines, with principal office at
__________, Legaspi Village, Makati City.

Respondent ABC Company, Inc is also a corporation duly organized and

exiting under and by virtue of the laws of the Philippines with principal office at
______, Rockwell Drive Makati City, which may be served with summons and
other legal process at c/o counsel _________ with office address at ________.

56


TIMELINESS OF PETITION
On ________, petitioner received a copy of the decision of SEC Case No.
_______ dated ________. Certified true copy of said decision is attached hereto as
Annex A

Within the 15-day period from receipt of said decision Annex A, petitioner
filed a motion for reconsideration therof on _______. On _______, petitioner
received copy of the resolution denying said motion for reconsideration. Certified
true copy of the order denying the motion of reconsideration is attached hereto as
Annex B

The instant petition is filed within 15 days from receipt on ______ of the order
denying the motion of reconsideration.

FACTUAL BACKGROUND AND PROCEEDINGS

The factual background and proceedings are as follows:

(Make statement of facts)

ISSUES RAISED

The issues raised in this petition are:

(Enumerate the issues, both of law and fact)

GROUNDS FOR ALLOWANCE OF THE WRIT PRAYED FOR

(Enumerate the grounds or reasons)

DISCUSSION

(Discuss the errors raised)

APPLICATION FOR WRIT OF PRELIMINARY INJUNCTION

57


As above discussed, petitioner has a good and valid cause of action to maintain
its corporate name.

1. Petitioner is entitled to the relief demanded, and part of such relief consists in
restraining respondent and SEC from enforcing its questioned decision and
resolution.

WHEREFORE, petitioner respectfully prays as follows:

3. That after due proceedings, a writ of prelinary injunction be issued,

restraining respondent and the SEC from enforcing decision and
resolution. During the pendency of the case, upon such bond as this
Honorable Court may reasonably fix.

4. That after proceedings, judgment be rendered

The petitioner also prays for such other measures of relief as this Honorable
Court may deem just and proper in the premises.

Date and place.

YOUR LAW FIRM HERE

th
Unit 616 6 Floor, Business Center, Rich Street, Cosmopolitan City,
Metropolitan Manila
Email Address: info@yourlawfirmhere@mail.com
Telefax No. (02 xxx-xxxx)

DANILO R. GALLINARI
Roll No. 00000
IBP Lifetime No. 00000 / RSM

58


PTR No. 0000000 / 21 January 2015 / Mandaluyong City

MCLE Certificate of Compliance No. IV-0000000

KRISTAPS P. PORZINGIS
Roll No. 00000
IBP No. 00000/ 07 Jan 2015 / RSM
PTR No. 0000000 / 14 Jan 2015 / Pasig City
MCLE Compliance Certificate No. IV-0000000

COPY FURNISHED:

OTHER LAW OFFICE

Counsel for Respondents
xxxxxxxxxxxxxxxxxxxx

[Name of Judge]
Regional Trial Court
Branch XX, XXX city

59


VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, _______________________, of legal age, after having been duly sworn in

accordance with law, depose and state that:

1. I am a plaintiff in the above-stated case;

2. I caused the preparation of the foregoing complaint;

3. I have read the contents thereof and the facts stated therein are true and correct
of my personal knowledge and/or on the basis of copies of documents and records
in my possession;

4. I have not commenced any other action or proceeding involving the same issues
in the Supreme Court, the Court of Appeals, or any other tribunal or agency;

5. To the best of my knowledge and belief, no such action or proceeding is pending

in the Supreme Court, the Court of Appeals, or any other tribunal or agency;

6. If I should thereafter learn that a similar action or proceeding has been filed or is
pending before the Supreme Court, the Court of Appeals, or any other tribunal or
agency, I undertake to report that fact within five (5) days therefrom to this
Honorable Court.

___________________________

Affiant

SUBSCRIBED AND SWORN to before me this ___ day of

__________ 200_ at _________________ affiant exhibiting to me his Community
Tax Certificate No.____________________ issued on ________________ 200_ at
______________ City.

60


Doc. No. ;
Page No. ;
Book No. ;
Series of 200_

61


APPENDIX I
REPUBLIC OF THE PHILIPPINES
SUPREME COURT
MANILA

PETITIONER, GR. NO. _____________

Petitioner, For: Review of CA-GR. CV
No. xxxxxx
-versus-

RESPONDENT,
Respondent.

X ---------------------------------------------------------------------X

PETITION FOR REVIEW

PETITIONER, by counsel and to this Honorable Court, respectfully alleges:

NATURE OF THE CASE

This is a petition for review pursuant to Rule 45 of the Rules of Court of the
decision of the Court of Appeals entitled ______ vs ______, Civil Case No.
_______, which

PARTIES TO THE CASE

1. Petitioner is of legal age and is the plaintiff in said Civil Case No.
_______, entitled ________, CA, Manila

2. Respondent is also of legal age, and is the defendant in said Civil Case
No. ________, CA, Manila. He may be served with legal process at c/o his
counsel, Atty. _______, with office address at _________
TIMELINESS OF PETITION
3. On ________, petitioner received a copy of the decision of the RTC in Civil
Case No. _______. Certified true copy of said decision is attached hereto as Annex
A

62


4. On ________ or within the 15-day period from receipt of said decision

Annex A, petitioner filed a motion for reconsideration of said decision. On
_______, the trial court denied said motion for reconsideration, copy of which denial
was received by petitioner on _________. Certified true copy of the order denying
the motion of reconsideration is attached hereto as Annex B

5. The instant petition is filed within 15 days from receipt on ______ of the
order denying the motion of reconsideration.

STATEMENT OF FACTS AND MATTERS INVOLVED

The factual background and proceedings are as follows:

(State the facts of the case and the proceedings that went on in the lower
court.)

ISSUES RAISED

The issues raised in this petition are:

(Enumerate only issues of law)

GROUNDS FOR ALLOWANCE OF THE WRIT PRAYED FOR

(Enumerate the grounds or reasons)

DISCUSSION

(Discuss in detail each of the grounds)

PRAYER

WHEREFORE, in the interest of justice, it is respectfully prayed that this

Honorable Court render judgment reversing and setting aside the decision appealed
from.

63


The petitioner also prays for such other measures of relief as this Honorable
Court may deem just and proper in the premises.

Date and place.

YOUR LAW FIRM HERE

th
Unit 616 6 Floor, Business Center, Rich Street, Cosmopolitan City,
Metropolitan Manila
Email Address: info@yourlawfirmhere@mail.com
Telefax No. (02 xxx-xxxx)

DANILO R. GALLINARI
Roll No. 00000
IBP Lifetime No. 00000 / RSM
PTR No. 0000000 / 21 January 2015 / Mandaluyong City
MCLE Certificate of Compliance No. IV-0000000

KRISTAPS P. PORZINGIS
Roll No. 00000
IBP No. 00000/ 07 Jan 2015 / RSM
PTR No. 0000000 / 14 Jan 2015 / Pasig City
MCLE Compliance Certificate No. IV-0000000

COPY FURNISHED:

OTHER LAW OFFICE

Counsel for Respondents
xxxxxxxxxxxxxxxxxxxx

[Name of Judge]
Regional Trial Court
Branch XX, XXX city

64


65


VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, _______________________, of legal age, after having been duly sworn in

accordance with law, depose and state that:

1. I am a plaintiff in the above-stated case;

2. I caused the preparation of the foregoing complaint;

3. I have read the contents thereof and the facts stated therein are true and correct
of my personal knowledge and/or on the basis of copies of documents and records
in my possession;

4. I have not commenced any other action or proceeding involving the same issues
in the Supreme Court, the Court of Appeals, or any other tribunal or agency;

5. To the best of my knowledge and belief, no such action or proceeding is pending

in the Supreme Court, the Court of Appeals, or any other tribunal or agency;

6. If I should thereafter learn that a similar action or proceeding has been filed or is
pending before the Supreme Court, the Court of Appeals, or any other tribunal or
agency, I undertake to report that fact within five (5) days therefrom to this
Honorable Court.

___________________________

Affiant

SUBSCRIBED AND SWORN to before me this ___ day of

__________ 200_ at _________________ affiant exhibiting to me his Community
Tax Certificate No.____________________ issued on ________________ 200_ at
______________ City.

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APPENDIX J
Republic of the Philippines
National Capital Judicial Region
METROPOLITAN TRIAL COURT
Branch __
Quezon City

Annie Batumbakal
Petitioner,
Civil Case No. ______
-versus- For: __________

Leah Medina
Respondent,
x-------------------------------------------------------------------------x

PETITION FOR RELIEF FROM JUDGMENT

Petitioner thru counsel, and unto this Honorable Court, respectfully shows:

1. That judgment in this case was entered by this Honorable court against the
petitioner of which judgement he came to know only on ______;

2. That said judgement is based solely on the evidence presented by the plaintiff, as
the defendant-petitioner herein was declared in default;

3. That the petitioner could not possibly have answered plaintiffs complaint and gone
to trial for the following reasons: (State fraud, accident, mistake, or excusable negligence,
accompanied by affidavits)

4. That this petition is being filed within sixty days after the petitioner learned of the
above judgment and not more than six months after such judgment was entered;

5. That the petitioner has a good and substantial defense in this action, to wit: (State
facts constituting the petitioners good and substantial defense);

6. That a preliminary injunction is necessary, pending these proceedings, in order to

preserve the rights of the parties.

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WHEREFORE, it respectfully prayed, that pending these proceedings, and upon

petitioners filing of a bond in such sum as this Honorable Court may fix, a preliminary injunction
be issued herein, restraining the plaintiff and his agents and attorneys, from enforcing the above
judgment, until further orders from this court; and that after due hearing, the above judgment be
set aside and a new trial be held on the merits.

Quezon City, (Date)

(Counsel for defendant)

(Address)
Roll of Attorney No.:
IBP No.:
PTR No.:

VERIFICATION

I, _______________________, of legal age, after having been duly sworn in

accordance with law, depose and state that:

1. I am a plaintiff in the above-stated case;

2. I caused the preparation of the foregoing complaint;

3. I have read the contents thereof and the facts stated therein are true and correct
of my personal knowledge and/or on the basis of copies of documents and records
in my possession;

___________________________

Petitioner

SUBSCRIBED AND SWORN to before me this ___ day of

__________ 200_ at _________________ affiant exhibiting to me his Community

69


Tax Certificate No.____________________ issued on ________________ 200_ at

______________ City.

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APPENDIX K
Republic of the Philippines
Court of Appeals
Manila

Annie Batumbakal
Petitioner,
C.A-G.R No. ______
-versus-

Leah Paraluman
Respondent,
x---------------------------------------------------x

PETITION FOR ANNULMENT OF JUDGMENT

PETITIONER, by counsel and to this Honorable Court, respectfully alleges:

Petitioner is of legal age and with residence at ________, while respondent is

also of legal age with residence at ________.

1. On _________, an adverse judgment was rendered against him in Civil

Case No._____, for a sum of money based on a promissory alleged
executed by petitioner on favor of respondent. Certified true copy of said
judgment is attached hereto as Annex A.
2. Petitioner learned of said judgment against him only after two (2) years
from the date thereof, precluding him to file ordinary remedies of new trial,
petition for relief from judgment or any other appropriate remedy.
3. Investigation show that after petitioner referred the summons to his
counsel, Atty Edgar Miranda, the latter moved for extension of time to file
the answer. However, ever since then Atty. Miranda did not do anything
anymore, as he migrated to the United States without informing petitioner,
without withdrawing from the case as counsel and without giving notice
of withdrawal from the case, by reason of which an adverse judgment was
rendered.

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4. Petitioner has good and valid defenses to defeat respondents claim on the
ground that he did not execute the promissory note upon which the
complaint was based, the same being a forgery; and while he owed
respondent the amount claimed in the complaint, he already paid him such
amount, proof of which is attached hereto as Annex B.
5. Petitioner was prevented by extrinsic fraud from having his day in court
and in violation of his right to due process.
6. Petitioner attaches herewith the following, in support of this action:

Affidavit attesting to the extrinsic frauds committed and to the good and
valid defenses which petitioner has to repel and defeat respondents claims,
which is attached hereto as Annex C.:

WHEREFORE, it is respectfully prayed that judgment be rendered annulling

the trial courts decision Annex A hereof and for such other reliefs as may be just
and equitable in the premises.

Manila, (Date)

(Counsel for defendant)

(Address)
Roll of Attorney No.:
IBP No.:
PTR No.:

Copy furnished:

_____________________
(Counsel for the plaintiff)

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VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, _______________________, of legal age, after having been duly sworn in

accordance with law, depose and state that:

1. I am a plaintiff in the above-stated case;

2. I caused the preparation of the foregoing complaint;

3. I have read the contents thereof and the facts stated therein are true and correct
of my personal knowledge and/or on the basis of copies of documents and records
in my possession;

4. I have not commenced any other action or proceeding involving the same issues
in the Supreme Court, the Court of Appeals, or any other tribunal or agency;

5. To the best of my knowledge and belief, no such action or proceeding is pending

in the Supreme Court, the Court of Appeals, or any other tribunal or agency;

6. If I should thereafter learn that a similar action or proceeding has been filed or is
pending before the Supreme Court, the Court of Appeals, or any other tribunal or
agency, I undertake to report that fact within five (5) days therefrom to this
Honorable Court.

___________________________

Petitioner

SUBSCRIBED AND SWORN to before me this ___ day of

__________ 200_ at _________________ affiant exhibiting to me his Community
Tax Certificate No.____________________ issued on ________________ 200_ at
______________ City.

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