Lesson for September 23, 2014, Tuesday - Post-Judgment Remedies

1. Motion for new trial or reconsideration - Rule 37

a) Grounds:
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Habaluyas Enterprises v. Japson, G.R. No. 70895, May 30, 1986

Tarca v. Vda. de Carretero, G.R. No. L-8222, June 25, 1956

Salazar v. Salazar, G.R. No. L-2992, March 27, 1907

Ayllon v. Sevilla, G.R. No. 79244, December 10, 1987

National Shipyards and Steel Corp. v. Asuncion, G.R. No. L-10307,

February 28, 1958

Cledera v. Sarmiento, G.R. Nos. L-32450-51, June 10, 1971

Ferrer v. Sepeng, G.R. No. L-39373, September 30, 1974

Ganaban v. Bayle, G.R. No. L-28864, November 27, 1969

b) When to file
c) Denial of the motion; effect:
d) Grant of the motion; effect:
e) Remedy when motion is denied, fresh 15-day period rule:
2. Appeals in general
a) Judgments and final orders subject to appeal:
b) Matters not appealable:
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Dela Cruz v. Paras, G.R. No. L-41053, February 27, 1976

c) Remedy against judgments and orders which are not appealable

d) Modes of appeal - Rule 41
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Ko v. PNB, G.R. No. 169131-32, January 20, 2006

e) Issues to be raised on appeal

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Universal Motors v. CA, G.R. No. 47432, January 27, 1992

f) Period of appeal:
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Mayor v. IAC, G.R. No. 74410, May 4, 1988

Neypes v. CA, G.R. No. 141524, September 14, 2005

g) Perfection of appeal:
h) Appeal from judgments or final orders of the MTC - Rule 40
i) Appeal from judgments or final orders of the RTC - Rule 41
-

Roman Catholic Archbishop v. CA, G.R. No. 111324, July 5, 1996

j) Appeal from judgments or final orders of the CA - Rule 45

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Gamiao v. Plan, G.R. No. L-57102, June 29, 1982

Cebu Stevedoring Co., Inc. v. Ramolete, G.R. No. L-56627, August 17,
1981

k) Appeal from judgments or final orders of the CTA

l) Review of final judgments or final orders of the Comelec

m) Review of final judgments or final orders of the Ombudsman
n) Review of final judgments or final orders of the NLRC
o) Review of final judgments or final orders of quasi-judicial agencies - Rule 43
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Basmayor v. Atencio, G.R. No. 160573, October 19, 2005

3. Relief from judgments, orders and other proceedings - Rule 38

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Service Specialists, Inc. v. The Sheriff of Manila, G.R. No. 74586, October
17, 1986

a) Grounds for availing of the remedy:

b) Time to file petition
c) Contents of petition:
4. Annulment of judgments or final orders and resolutions - Rule 47
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Islamic DaWah Council v. CA, G.R. No. 80892, September 29 1989

a) Grounds for annulment:

5. Collateral attack of judgments
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Co v. CA, G.R. No. 93687, May 6, 1991