RULE 49

ORAL ARGUMENT
In the last rule, often times before the SC and CA, particularly in the CA because it talks about oral arguments.
When you file a motion of appeal before CA, you need not actually place there the name, whether the motion
should be heard (?) because it is for the CA to determine whether (1:03). But you still have to place there, in
compliance of course with receptions of the rule on the motions. But as to specific thing, you need place that
in the motion, because anyway its discretionary on the part of CA whether to accept the motion. No need
unless otherwise required. (SEE SEC. 3)

RULE 50
DISMISSAL OF APPEAL
Grounds for dismissal of a motion: (SEC.1)
1. Failure of the record on appeal to show on its a face that the appeal was taken within the
period fixed by these rules
2. Failure to file the notice of appeal or the record on appeal within the period prescribed by
these rules
3. Failure of appellant to pay the docket and other lawful fees
4. Unauthorized alterations, omissions, or additions in the approved record of appeal
5. Failure of appellant to serve and file the required number of copies of his brief or
memorandum within the time provided
6. Absence of specific assignment of errors in the appellants brief or of page references to
the record
7. Failure of appellant to take necessary steps for the correction or completion of the record
within the time limited by the court in its order
8. Failure of the appellant to appear at the preliminary conference or to comply with the
orders, circulars or directives of the court without justifiable cause
9. The fact that the order or judgment appealed is not appealable
You must specifically raise your assignment of errors because this is where the decision of the appellate court
is taken into account.
Before the 1997 Rules of Civil Procedure, the remedy was wrong. For example, if this was a decision of the RTC,
in its original jurisdiction appeal; if it was in it was in its appellate jurisdiction petition for review under Rule
42. Before, if you appeal that, it could not be dismissed, but rather it shall be referred to. But now, if your
remedy is wrong, like for example, Sec. 2 is very clear that your appeal will be dismissed by the RTC.
You can withdraw your appeal anytime as a matter of right before the submission of the appellants brief.
However, you can still dismiss your appeal even after the submission of appellants brief but is already
discretionary on the part of the court.

RULE 51
JUDGMENT
When is a case deemed submitted for judgment? It depends whether it resorted to ordinary appeal or petition
for review or in original actions in the CA. We are talking about judgment where the case is already on appeal
before the CA.
In ordinary appeals, when no hearing on the merits upon the filing of the last pleading and usually the last
pleading is the submission of your respective memorandum.
Hearing is held upon termination or upon the filing of last pleading or memorandum as may be required or
permitted to be filed by the court, or expiration of its filing.
Just take note of the other sections nalang.
The unanimous vote of 3 justices shall be required for the pronouncement for the judgment. However, if the 3
did not reach the unanimous vote, the clerk shall enter the vote of the dissenting justice on the record.
Thereafter, the chairman of that particular division shall refer the case together with the deliberation, to the
presiding justice, who shall designate 2 justices chosen by raffle from among all the other members of the
court to sit temporarily with them, forming a special division of 5 justices.
SEC. 10: Entry of judgment and final decision:
If no appeal or motion for new trial or reconsideration is filed within the time provided, the judgment or final
resolution shall be entered by the clerk in the book of entries of judgments. The date when the judgment
becomes executory shall be deemed as date of entry. The record shall contain the dispositive part of the
judgment and shall be signed by the clerk, with a certificate that such judgment has become final and
executory.
Before we can move for execution of judgment, you have to wait for the issuance of entry of judgment. In Rule
39, it does not automatically mean that just because the appeal earlier has already lapsed Im talking about
CA: you waited for 15 days but no appeal or petition was filed to the SC, for a petition for certiorari / review on
certiorari and then you immediately filed a motion for execution that is not yet proper. Why? Because the
finality of the judgment depends or takes place from the time when the judgment is entered into in the book of
judgments. Thats why before you file a motion for execution to execute a particular judgment, see to it that
the court of appeals has already issued an entry of judgment. Because in the entry of judgment, it will contain
the dispositive portion of the decision and it will also specify therein that the decision has already become final
and executory. Judgment or final resolution becomes executory as of the day of its entry.
SEC. 11: EXECUTION OF JUDGMENT:
Except where the judgment or final order or resolution, or a portion thereof, is ordered to be immediately
executory, you can file it anytime.
However if it is not, the motion for execution may only be filed in the proper court after its entry.
In cases of original actions in the CA, the writ of execution shall be accompanied by a certified true copy of the
entry of judgment and addressed to any appropriate officer for its enforcement. However, in appeal cases, the
motion for execution should only be filed in the court which rendered the decision. Thats why sometimes,
although not required, you have to wait until the records of the case from the CA will be transmitted to the
appropriate court concerned but not always mandatory. In rule 39, even if the records of the case are not yet

forwarded to the court of origin, you can still file a motion for execution. What you do is attach the certified
true copy of the decision including entry of judgment.
What we usually do is wait until all records are transmitted from the appellate court. If the records are now
transmitted, then we will now resolve for a motion of execution to avoid errors.

Where can you file a motion for execution pending appeal?

ANS: You can file it before RTC. If before the records are forwarded to the appellate court. But if
the record has already been transmitted to the appellate court, the motion for execution pending
appeal shall be filed in that particular court. According to the last paragraph, where the motion
for execution pending appeal, is filed in the CA at the time that it is in session of the original
record for the record on appeal, the resolution shall be transmitted to the lower court from where
it originated together with the certified true copy of the judgment or final order to be executed
with the proper directive for that court of origin to issue the proper writ of execution for its
enforcement.
By virtue of this particular provision, the CA may grant your motion for execution pending appeal, but it cannot
issue a writ of execution because the latter shall be issued the court of origin.
RESIDUAL JURISDICTION: even if the court has already approved the appeal, but the records of the case were
not yet transmitted to the appellate court, the court can still entertain motions for execution pending appeal.
There is no oral argument for the 1st and 2nd level courts. These are only for SC and CA. These are not
mandatory, these are only optional. Only in very sensational cases, will the CA and SC call for oral arguments.
But for ordinary cases, they need not have oral arguments. Upon submission of last pleading, the case is
already submitted for decision of CA or SC.