ARELLANO UNIVERSITY SCHOOL OF LAW

CIVIL PROCEDURE TAKE HOME LONG QUIZ

ATTY. PARUNGO
AY 2015-2016
SUBMITTED BY: ORTIZ, XYZA PAOLA O.

I
APPEALS
Appeal from Municipal
Trial Court to the
Regional Trial Court
When to
appeal

1. An appeal may be
taken within fifteen
(15)
days
after
notice
to
the
appellant
of
the
judgment or final
order
appealed
from.
2. Where a record on
appeal is required,
the appellant shall
file a notice of the
judgment or final
order. A record on

Appeal from the

Regional Trial Courts
to the Court of
Appeals
1. An appeal may be
taken
within
fifteen (15) days
after notice to the
appellant of the
judgment or final
order
appealed
from. Where a
record on appeal
is required, the
appellant shall file
a notice of appeal
and record on
appeal
within

Petition for Review

from the Regional
Trial Court to the
Court of Appeals
1. The
appeal
shall be made
within fifteen
(15) days from
the notice of
the
decision
sought to be
reviewed
or
the denial of
petitioners
motion for new
trial
or
reconsideratio
n fled in due

Appealed by
Certiorari to the
Supreme Court
1. The
appeal,
which shall be
in the form of
verified
petition, shall
be filled within
fifteen
(15)
days
after
notice to the
appellant
of
the judgment
or final order
appealed from,
or
within

appeal
shall
be
required
only
in
special proceedings
and in cases of
multiple or separate
appeals.

thirty (30) days

from the notice of
the judgment or
final order.
2. In habeas corpus
cases, the appeal
shall be taken
within forty-eight
(48) hours from
notice
of
judgment or final
order.

time
after
judgment.

fifteen
(15)
days
from
notice of the
denial of the
petitioners
motion for new
trial
opr
motion
for
reconsideratio
n files in due
time.
2. The Supreme
Court may, for
justifiable
reasons, grant
and extension
of thirty (30)
days
only
within which to
file
the
petition,
PROVIDED:
a.) There is a
motion for
extension
of time duly
filed
and
served,
b.) There is full
payment
and
c.) The motion

How to
appeal

1. The appeal is taken

by
a.) Filing a notice of
appeal
and
record on appeal,
where
appropriate, with
the court that
rendered
judgment or final
order
appealed
from.
b.) Serving a copy of
the notice and
record on the
adverse party.
2. Within the period for
the
taking
an
appeal,
the
appellant shall pay
to the clerk of
court
which

1. The appeal to the

Court of Appeals
in cases decided
by the Regional
Trial Court in the
exercise of its
original
jurisdiction shall
be taken by:
a.) Filing a notice
of appeal with
the
court
which
rendered the
judgment
or
final
order
appealed
from, and
b.) By serving a
copy of the
notice
and
record on the

1. The appeal is
made by filing
a
verified
petition
for
review
with
the Court of
Appeals,
paying at the
same time to
the clerk of
said court the
corresponding
docket fee and
other
lawful
fees,
depositing the
amount
of
P500.00
for
costs,
and
furnishing the
RTC and the

is filed and
served and
the
payment is
made
before the
expiration
of
the
reglementa
ry period.
1. The petitioner
shall
file
a
verified
petition
with
the
Supreme
Court
within
the
reglementary
period raising
therein
only
questions of
law.
2. The petitioner
shall pay to
the clerk of
court
the
docket fee and
other
lawful
fees as well as
the deposit of
P500.00
for
costs.
Proof

rendered
the
judgment or final
order appealed from
the full amount of
the appellate court
docket and other
lawful fees. Proof of
payment shall be
transmitted to the
appellate
court
together with the
original record.
3. Within fifteen (15)
days
from
the
perfection of the
appeal, the clerk of
court of the lower
court shall transmit
the original record
or the record on
appeal,
together
with the transcript
and exhibits, which
he shall clarify as
complete, to the
proper RTC.

adverse party.
2. Within the period
for the taking an
appeal,
the
appellant
shall
pay to the clerk
of court which
rendered
the
judgment or final
order
appealed
from
the
full
amount of the
appellate
court
docket fee.
3. Within thirty (30)
days
after
perfection of all
the appeals, the
clerk of court
shall verify the
correctness and
completeness
of the records
and, if complete,
to
take
such
measures
to
complete
such
records certify to
the correctness of
the records, to
transmit
the
same
to
the

adverse party
with a copy of
the petition.
2. The
petition
shall be filed in
the
proper
form required
in
Sec.2
of
Rule 42.
3. The Court of
Appeals may
dismiss
the
petition if it
finds the same
to be patently
without merit,
prosecuted
merely
for
delay, or that
the questions
raised are too
unsubstantial
to
require
consideration.
4. If the Court of
Appeals finds
prima
facie
that the lower
court
has
committed an
error of fact or
law that will

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

appellate
court,
and to furnish the
parties
with
copies
of
his
letter
of
transmittal of the
records to the
appellate court.
4. Upon
receiving
the original record
on appeal and the
accompanying
documents
transmitted
by
the lower court,
as well as the
proof of payment
of the docket fee
and other lawful
fees, the clerk of
court of the CA
shall docket the
case and notify
the parties.
5. Within
forty-five
(45) days from
the receipt of the
notice
of
the
clerk,
the
appellant shall file
a brief with proof
of service upon

warrant
a
reversal
or
modification of
the appealed
decision, it my,
accordingly,
give
due
course to the
petition.

the appellee.
Within 45 days
from the receipt
of the appellants
brief, the appellee
shall file his own
brief with proof of
service. Within 20
days from the
receipt
of
the
appellees brief,
the
appellant,
may file a reply
brief
answering
points
in
the
appelles brief not
covered in his
main brief.
Perfection of
the appeal

1. A partys notice of
appeal is deemed
perfected as to him
upon filing if the
notice of appeal in
due time.
2. The notice of appeal
does not require the
approval
of
the
court.

II
Provisional Remedies
Provisional remedies are writs and processes available during the pendency of the action which may be resorted to
by a litigant to preserve and protest certain right and interests therein, pending rendition and for purposes of the
ultimate effects of a final judgment in the case.
a.
b.
c.
d.
e.

Preliminary attachment
Preliminary injunction
Receivership
Replevin
Support Pendete Lite