Rule 33

Demurrer to Evidence

When is the proper • After the plaintiff has completed the

presentation of his evidence, the defendant
time to file
may move for dismissal on the ground that
Demurrer to upon the facts and the law the plaintiff has
Evidence? shown no right to relief.

What is the effect if

the motion is • If his motion is denied, he shall have the right
to present evidence. If the motion is granted
denied? How about
but on appeal the order of dismissal is
if the motion is reversed he shall be deemed to have waived
granted but the right to present evidence.
reversed on appeal?
Effect of Denial of Demurrer
• Defendant will present evidence.

• The denial of demurrer is not a final order; it is

an interlocutory order (Katigbak vs.
Sandiganbayan, 404 SCRA 558).

• Therefore, the remedy is not to appeal the

Order, but to file Petition for Certiorari under
Rule 65, if there is grave abuse of discretion.
Motion to Dismiss vs. Demurrer
• 1. MTD in Rule 16 is • 1. It is made after the
made before answer. plaintiff rests its
• 2. There are several case.
grounds. • 2. There is only one
• 3. If denied, ground.
defendant may file • 3. If denied, the
answer. defendant will
• 4. When granted, the present evidence.
complaint may be • 4. When granted, it
filed except for, may not be re-filed.
prescription, res The remedy is
judicata, or claim is appeal.
extinguished.
Effect of Grant of Demurrer
• The case is dismissed.

• If the order is reversed in the appellate court, the

defendant loses his right to present evidence.

• It is not correct for the appellate court to remand the

case for further proceedings. The correct procedure is
for the appellate court to render judgment based on
the evidences presented by the plaintiff (Radiowealth
Finance Corp. vs. Del Rosario, 335 SCRA 288).
Civil Demurrer vs. Criminal Demurrer
• 1. Leave of court is not • 1. It may be with or
required. without leave of court.
• 2. If granted, the order • 2. If granted, the order
is appealable. is not appealable.
• 3. If denied, the • 3. If denied, the
defendant may present accused may present
evidence. evidence if he filed it
• 4. It cannot be granted with leave of court.
motu propio. • 4. The Court may
dismiss the case motu
propio (Sec. 23, Rule
119).
 Rule 34
Judgment on the Pleadings
• SECTION 1. Judgment on the Pleadings. —
Where an answer 1) fails to tender an issue,
or otherwise 2) admits the material
allegations of the adverse party's pleading,
the court may, on motion of that party, direct
judgment on such pleading. However, in
actions for declaration of nullity or annulment
of marriage or for legal separation, the
material facts alleged in the complaint shall
always be proved.
When do we say that an answer
fails to tender an issue?

• Answer: If it does not comply

with the requirements of
specific denial under Sections
8 and 10 of Rule 8.
 Section 8, Rule 8
• SECTION 8. How to Contest Such Documents. —
When an action or defense is founded upon a written
instrument, copied in or attached to the corresponding
pleading as provided in the preceding section, the
genuineness and due execution of the instrument
shall be deemed admitted unless the adverse
party, under oath, specifically denies them, and
sets forth what he claims to be the facts; but the
requirement of an oath does not apply when the
adverse party does not appear to be a party to the
instrument or when compliance with an order for an
inspection of the original instrument is refused.
 Section 10, Rule 8
• SECTION 10. Specific Denial. — A defendant must
specify each material allegation of fact the truth of
which he does not admit and, whenever practicable,
shall set forth the substance of the matters upon
which he relies to support his denial. Where a
defendant desires to deny only a part of an
averment, he shall specify so much of it as is true
and material and shall deny only the remainder.
Where a defendant is without knowledge or
information sufficient to form a belief as to the truth
of a material averment made in the complaint, he
shall so state, and this shall have the effect of a
denial.
Manner of denying an allegation

By specifically denying the allegation and setting

forth the substance upon which one relies his
denial.

By specifically denying some part of the allegation

and denying the rest.

By specifically denying the allegation for lack of

knowledge sufficient to form a belief as to the
truth or falsity of the allegation.
 Effect of Defective Denial
• SECTION 11. Allegations Not
Specifically Denied Deemed Admitted.
•
• Material averment in the complaint, other
than those as to the amount of
unliquidated damages, shall be deemed
admitted when not specifically denied.
Allegations of usury in a complaint to
recover usurious interest are deemed
admitted if not denied under oath.
 Problem No. 1
• A is indebted to B in the amount of Php500,000.00
covered by a Promissory Note (PN). The PN is due
and demandable on March 1, 2017. On March 1, 2017,
A failed to pay his obligation. B sent a Demand Letter
to A. Despite receipt of the same, A did not pay. B filed
a complaint for sum of money against A. In B attached
to his complaint, the Promissory Note executed by A,
the demand letter, and a letter from A purportedly
acknowledging his indebtedness to B. B filed an
answer denying the material allegation in B’s
Complaint.
• If you are B’s counsel, what will you do to protect the
interest of your client, B?
 Rule 35
Summary Judgment

When may • It may be availed of when a

a motion responsive pleading has
for been filed, however, the
same did not establish a
summary genuine issue.
judgment • What triggers a summary
be availed judgment is the absence of
genuine issue of fact.
of?
 Issues are joined
• Issues are joined because the responsive
pleading is filed. However, the allegations in
the responsive pleading do not establish a
real and genuine factual issue, because, for
one, the issue tendered is sham, fictitious,
and patently unsubstantial.
 Problem No. 2
• A is indebted to B in the amount of Php500,000.00
covered by a Promissory Note (PN). The PN is due
and demandable on March 1, 2017. On March 1, 2017,
A failed to pay his obligation. B sent a Demand Letter
to A. Despite receipt of the same, A did not pay. B filed
a complaint for sum of money against A. In B attached
to his complaint, the Promissory Note executed by A,
and the demand letter. A denied the allegations in B’s
Complaint. A further alleged in his answer that B
already condoned his debt. However, said allegation is
totally false.
• What procedural action will you advice B to take to
expedite the resolution of the case?
 Who may file a motion for
summary judgment?
• SECTION 1. Summary Judgment for Claimant. — A
party seeking to recover upon a claim, counterclaim,
or cross-claim or to obtain a declaratory relief may, at
any time after the pleading in answer thereto has been
served, move with supporting affidavits, depositions or
admissions for a summary judgment in his favor upon
all or any part thereof.
• SECTION 2. Summary Judgment for Defending
Party. — A party against whom a claim, counterclaim,
or cross-claim is asserted or a declaratory relief is
sought may, at any time, move with supporting
affidavits depositions or admissions for a summary
judgment in his favor as to all or any part thereof.
 Judgment on the Pleadings vs.
Summary Judgment
• There is absence of • Answers tenders an
factual issue because issue, but the issue is
the answer tenders no not genuine.
issue. • The motion may be
• Only the claiming party filed by the claiming
can file the motion. party or defending
• It is based on party.
pleadings alone. • It is based on
• Only three (3) day pleadings, affidavits,
notice is required. depositions and
admissions.
• Ten (10) day notice is
required.
Post Judgment Remedies
Before the judgment becomes After the judgment becomes
final and executory final and executory

Petition for
Motion for New
relief from
Trial
judgment

Motion for Annulment of

Reconsideration judgment

Appeal Certiorari

Collateral attack
 Rule 37
New Trial
• GROUNDS
• Fraud, accident, mistake or excusable
negligence which ordinary prudence could
not have guarded against and by reason of
which such aggrieved party has probably been
impaired in his rights; or
• Newly discovered evidence, which he could
not, with reasonable diligence, have
discovered, and produced at the trial, and
which if presented would probably alter the
result.
 Where new trial is not allowed
Cases covered by Rules on
Summary Procedure

Case covered by the Rules on Small

Claims

In environmental cases, except in

highly meritorious cases or to
prevent miscarriage of justice
 When to file?
• It is filed within a period for taking an
appeal (Sec. 1, Rule 37)
• Where appeal is by notice of appeal,
within 15 days from notice of
judgment or final order.
• Where record on appeal is required,
within 30 days from notice of
judgment or order.
Effect of filing on period to appeal

• The filing of the Motion for New

Trial interrupts the period to appeal.
 Formalities
• A motion for the cause mentioned in
paragraph (a) [FAME] of the preceding section
shall be supported by affidavits of merits which
may be rebutted by affidavits.

• A motion for the cause mentioned in

paragraph (b) [NEWLY DISCOVERED
EVIDENCE] shall be supported by affidavits of
the witnesses by whom such evidence is
expected to be given, or by duly authenticated
documents which are proposed to be
introduced in evidence.
 Effect of failure to conform to
formalities

• A pro forma
Section motion for new
2, Rule trial shall not toll
37 the reglementary
period of appeal.
Newly discovered evidence,
Requisites:
• Evidence must be discovered after trial.
• Such evidence could not have been
produced during trial even with exercise
of reasonable diligence
• Evidence is material not merely
cumulative, corroborative or impeaching
• The evidence would have change the
result of the case [Ybiernas vs. Tanco-
Gobaldon, June 1, 2011].
 Problem No. 3
• Lito lost his case. A judgment by default was
rendered by the Court. Apparently, his lawyer
filed three (3) motions for extension of time to
file “Answer.” Lito had already given the
necessary materials to his lawyer for the
preparation of Answer. Lito attributed his loss
to the gross negligence of his lawyer.

• Can Lito file a Motion for New Trial on the

of gross negligence of his lawyer?
What is the remedy if the motion
is denied?

• SECTION 9. Remedy Against Order

Denying a Motion for New Trial or
Reconsideration. — An order denying a
motion for new trial or reconsideration is
not appealable, the remedy being an
appeal from the judgment or final order.
 Rule 37
Reconsideration
• Section 1

• Within the same period (for taking an

appeal), the aggrieved party may also
move for reconsideration upon the
grounds that the damages awarded are
excessive, that the evidence is
insufficient to justify the decision or
final order, or that the decision or final
order is contrary to law.
 Formalities
• A motion for reconsideration shall point out
specifically the findings or conclusions of the
judgment or final order which are not
supported by the evidence or which are
contrary to law, making express reference to
the testimonial or documentary evidence or
to the provisions of law alleged to be
contrary to such findings or conclusions.

• Section 2, Rule 37
 Where reconsideration is not
allowed
Cases covered by Rules on
Summary Procedure

Case covered by the Rules on Small

Claims
In writ of amparo and habeas data, the motion
for reconsideration is prohibited against an
interlocutory order or interim relief order.
 When to file?
• It is filed within a period for taking an
appeal (Sec. 1, Rule 37)
• Where appeal is by notice of appeal,
within 15 days from notice of
judgment or final order.
• Where record on appeal is required,
within 30 days from notice of
judgment or order.
“Fresh Period” or “Neypes Rule”
• If the motion is denied, the movant has a “fresh
period” of fifteen (15) days from receipt of the
notice of the order denying or dismissing the
motion for reconsideration within which to file the
notice of appeal.
• The “fresh period” rule applies not only in Rule 41
(RTC-CA), but also in Rule 40 (MTC-RTC), Rule
42 (Petrev, RTC-CA), Rule 43 (Petrev, QJA-CA),
and Rule 45 (RTC, CA-SC).
• This was adopted to standardize the appeal
period.

• Neypes vs. Court of Appeals, 469 SCRA 633

 Appeal

What may •Judgment

be
appealed? •Final order

•Final
Order
•Interlocutory
 Judgments or Order
Rule 41, Sec. 1
not Appealable
• (a) An order denying a motion for new trial or
reconsideration;
• (b) An order denying a petition for relief or any similar motion
seeking relief from judgment;
• (c) An interlocutory order;
• (d) An order disallowing or dismissing an appeal;
• (e) 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;
• (f) An order of execution;
• (g) 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; and
• (h) An order dismissing an action without prejudice.
Judgments or Orders not appealable:

• REMEDY:
• Section 1, Rule 41
• In all the above instances where
the judgment or final order is not
appealable, the aggrieved party
may file an appropriate special civil
action under Rule 65.
 Rule Rule Rule Rule
40 41 & 42 43 45

MTC, MCTC,
MTCC, RTC-SC; CA
RCT to CA QJA-CA to SC
METC to
RTC

Ordinary Petition for Pure question

Ordinary
appeal Review of law
appeal

In the exercise
of its appellate
jurisdiction
 Rule 40
Appeal from MTC to RTC
Where to appeal
• An appeal from a judgment or final order of a Municipal Trial
Court may be taken to the Regional Trial Court exercising
jurisdiction over the area to which the former pertains.
(Section 1)
When to appeal
• 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 a record on appeal within
thirty (30) days after notice of the judgment or final order.
(Section 2).
 How to appeal
• The appeal is taken by filing a notice of appeal
with the court that rendered the judgment or
final order appealed from. The notice of appeal
shall indicate the parties to the appeal, the
judgment or final order or part thereof appealed
from, and state the material dates showing the
timeliness of the appeal.
• A record on appeal shall be required only in
special proceedings and in other cases of
multiple or separate appeals.
• Section 3.
 When is appeal perfected?
• A party's appeal by notice of appeal is deemed perfected as
to him upon the filing of the notice of appeal in due time.
• A party's appeal by record on appeal is deemed perfected
as to him with respect to the subject matter thereof upon the
approval of the record on appeal filed in due time.
• In appeals by notice of appeal, the court loses jurisdiction
over the case upon the perfection of the appeals filed in due
time and the expiration of the time to appeal of the other
parties.
• In appeals by record on appeal, the court loses jurisdiction
only over the subject matter thereof upon the approval of
the records on appeal filed in due time and the expiration of
the time to appeal of the other parties.
• Section 9, Rule 41.
 Rule 41
Appeal from RTC
Modes of appeal
(Sec. 2)

Ordinary
appeal

Petition for
review

Appeal by
certiorari
 Problem No. 4.
• Carlito filed an unlawful detainer case against
Matilde with the Municipal Trial Court. After due
proceedings, the MTC rendered a decision in
favor of Matilde. Carlito appealed the decision to
the RTC by notice of appeal. The RTC rendered
a decision in favor of Carlito.

• Matilde wants to appeal the decision of the

RTC. Where will he files his appeal? And
under what mode?
 When to appeal
• The appeal shall be taken within fifteen (15)
days from notice of the judgment or final order
appealed from.

• Where a record on appeal is required, the

appellant shall file a notice of appeal and a
record on appeal within thirty (30) days from
notice of the judgment or final order.

• Section 3.
 Payment of appeal fee

• Within the period for taking an appeal, the

appellant shall pay to the clerk of the
court which rendered the judgment or
final order appealed from, the full amount
of the appellate court docket and other
lawful fees. (Section 4)
 Is payment of appeal fee within the
period for appeal mandatory?
• The Court has consistently upheld the dismissal of an
appeal or notice of appeal for failure to pay the full
docket fees within the period for taking the appeal. Time
and again, this Court has consistently held that the
payment of docket fees within the prescribed period is
mandatory for the perfection of the appeal. Without such
payment, the appellate court does not acquire jurisdiction
over the subject matter of the court does not acquire
jurisdiction over the subject matter of the action and the
decision sought to be appealed from becomes final and
executory.
• Fil-Estate Properties vs. Homena-Valencia October
15. 2007, citing Manalili v. De Leon, 422 Phil. 214, 220
(2001); St. Louis University v. Cordero, G.R. No. 144118,
21 July 2004, 434 SCRA 575, 583.
 When is appeal perfected?
• A party's appeal by notice of appeal is deemed perfected as
to him upon the filing of the notice of appeal in due time.
• A party's appeal by record on appeal is deemed perfected
as to him with respect to the subject matter thereof upon the
approval of the record on appeal filed in due time.
• In appeals by notice of appeal, the court loses
jurisdiction over the case upon the perfection of the
appeals filed in due time and the expiration of the time
to appeal of the other parties.
• In appeals by record on appeal, the court loses jurisdiction
only over the subject matter thereof upon the approval of
the records on appeal filed in due time and the expiration of
the time to appeal of the other parties.
• Section 9, Rule 41.
 Problem No. 5
• Marina filed a case against Marino before the
RTC. The RTC decided in favor of Marina. Marino
received the copy the decision on July 2. While
Marina received the copy of the decision on
August 2. On July 10, Marino filed a notice of
appeal and paid the corresponding appeal fee
before the RTC.
• Does the RTC lose jurisdiction on July 10, the
date when Marino filed his notice of appeal?
• If not, when will the Court lose its jurisdiction?
• If the RTC jurisdiction is already lost, can it
still entertain any motion from the parties?
Concept of Residual Jurisdiction
• The court may issue orders for the protection
and preservation of the rights of the parties
which do not involve any matter litigated by
the appeal, 1. approve compromises, 2.
permit appeals of indigent litigants, 3.
order execution pending appeal in
accordance with Section 2 of Rule 39, and 4.
allow withdrawal of the appeal.
• This prior to the transmittal of the records.

• Section 9, Rule 41.

 Rule 42
Petition for Review from RTC

How appeal
Period to file
taken

By filing a verified
petition for review with
CA and payment of
corresponding fee, copy
furnished the RTC and
the adverse party.
The petition shall be
filed and served within
fifteen (15) days from
notice of the decision.

Section 1
 Problem No. 6
• Marina filed a Petition for Certiorari before RTC to
assail the Order of the MTC quashing the
Information. The RTC dismissed the Petition.
Marina received the decision on July 2. On July
10, Marina filed a Petition for Review before the
CA with payment of the corresponding docket fee
therein.
• Is the mode of appeal availed by Marina
proper?
• Assuming that it is improper, may the Petition
for Review be treated as a notice of appeal?
• Yalong vs. People, August 28, 2013
Residual Jurisdiction applies
• The Regional Trial Court loses jurisdiction over the case
upon the perfection of the appeals filed in due time and
the expiration of the time to appeal of the other parties.
• However, before the Court of Appeals gives due course
to the petition, the Regional Trial Court may issue orders
for the protection and preservation of the rights of the
parties which do not involve any matter litigated by the
appeal, approve compromises, permit appeals of
indigent litigants, order execution pending appeal in
accordance with Section 2 of Rule 39, and allow
withdrawal of the appeal.

• Section 8, Rule 42.

 Will the filing of Petition stay the
judgment or order appealed from?

• Yes.

• Except in civil cases decided under the

Rule on Summary Procedure, the appeal
shall stay the judgment or final order
unless the Court of Appeals, the law, or
these Rules shall provide otherwise.
• Sec. 8(b), Rule 42.
 Dismissal of Appeal
• Failure of the record on appeal to show on its face that
the appeal was taken within the period fixed by these
Rules;
• Failure to file the notice of appeal or the record on appeal
within the period prescribed by these Rules;
• Failure of the appellant to pay the docket and other
lawful fees as provided in Section 4 of Rule 41;
• Unauthorized alterations, omissions or additions in the
approved record on appeal as provided in Section 4 of
Rule 44;
• Failure of the appellant to serve and file the required
number of copies of his brief or memorandum within the
time provided by these Rules;
 Rule 50
Dismissal of Appeal
• Absence of specific assignment of errors in the
appellant's brief, or of page references to the record as
required in Section 13, paragraphs (a), (c), (d) and (f) of
Rule 44;
• Failure of the appellant to take the necessary steps for
the correction or completion of the record within the time
limited by the court in its order;
• Failure of the appellant to appear at the preliminary
conference under Rule 48 or to comply with orders,
circulars, or directives of the court without justifiable
cause; and
• The fact that the order or judgment appealed from is not
appealable.
 Dismissal of Improper Appeal
• An appeal under Rule 41 taken from the Regional
Trial Court to the Court of Appeals raising only
questions of law shall be dismissed, issues purely
of law not being reviewable by said court.
Similarly, an appeal by notice of appeal instead of
by petition for review from the appellate judgment
of a Regional Trial Court shall be dismissed.
• An appeal erroneously taken to the Court of
Appeals shall not be transferred to the appropriate
court but shall be dismissed outright.
• Section 2, Rule 50.
 Rule 45
Appeal by Certiorari
• May file with the Supreme Court a
Where verified petition for review on
certiorari. The petition shall raise
to file? only questions of law which must
be distinctly set forth. (Sec. 1)

• The petition shall be filed within

When fifteen (15) days from notice.
Subject to extension of 30 days
to file? upon payment of corresponding
docket fee. (Sec. 2)
Questions of law vs. Questions
of fact

There is There is
question of question of
law when fact doubt
there is doubt arises as to
as to what law the truth or
is on certain falsity of the
state of facts. alleged facts.
 Factual-issue-bar Rule
• Petition for review under Rule 45 is
discretionary. It may only be availed if the
appeal is on pure question of law. Thus,
question of fact is not allowed to be raised
because the Supreme Court is not a trier
of facts. Consequently, calibration of
evidence, as a rule may not be
entertained by the Supreme Court.
• (Roman Catholic Archbishop of Manila
vs. Sta. Teresa, November 18, 2013)
Instances when SC may pass upon
questions of fact
• The conclusions of CA is grounded entirely on
speculations, surmises and conjectures
• The inference is manifestly mistaken
• There is grave abuse of discretion
• Judgment is based on misapprehension of facts
• Findings of facts are conflicting
• The CA went beyond the issues of the case or its
judgment is contrary to the admission of the parties
• The findings of CA is contrary to lower court
• Finding of fact are conclusion without basis inn evidence
• Findings of fact of CA are premised on the supposed
absence of evidence and contradicted by evidence on
record.
 Rule 43
Appeal from QJA
• Quasi Judicial Agencies’ decision in the
Scope exercise of its quasi-judicial function (Sec. 1)

• 15 days from notice of decision or order

Period appealed from. (Sec. 1)

Where to • Court of Appeals. (Sec. 3)

appeal
How appeal • By filing a verified petition for review. (Sec.
taken 5)

• Will not stay the execution of decision

Effect of filing unless restrained. (Sec. 12)
Remedies after Judgment became
final and executory

Petition for relief from judgment

(Rule 38)

Annulment of Judgment (Rule 47)

Certiorari (Rule 65)

 Rule 38
Petition for Relief from Judgment
• Judgment
• Final order
Subject • Other proceedings (Sec.1)
• Order denying the appeal (Sec.2)

• Fraud, Accident, Mistake, Excusable

Grounds Negligence (FAME) (Sec. 1 &2)

• Court which rendered the judgment,

final order, order denying appeal or
Where to file court which conducted the
proceedings (Sec. 1)
 Period to File
• Section 3
• A petition provided for in either of the preceding
sections of this Rule must be verified, filed within
sixty (60) days after the petitioner learns of the
judgment, final order, or other proceeding to be set
aside, and not more than six (6) months after such
judgment or final order was entered, or such
proceeding was taken.
• Two periods
• 1) Within 60 days after the petitioner learns the
judgment, etc.
• 2) Within 6 months after entry.
 Problem No. 7
• Marina learns the judgment by default on September
1. The Judgment was entered on January 2. The
Petition was filed on October 1.
• Is it filed within the period?
• Marina learns the judgment by default on September
1. The Judgment was entered on May 2. The Petition
was filed on October 1.
• Is it filed within the period?
• Marina learns the judgment by default on September
1. The Judgment was entered on July 2. The Petition
was filed on December 1.
• Is it filed within the period?
 Is petition for relief available
in the SC or CA?
• No.
• Purcon vs. MRM Philippines,
Inc., 566 SCRA 645
 Rule 47
Annulment of Judgments
• Coverage (Sec. 1)
• This Rule shall govern the annulment by
the Court of Appeals of judgments or final
orders and resolutions in civil actions of
Regional Trial Courts for which the
ordinary remedies of new trial, appeal,
petition for relief or other appropriate
remedies are no longer available through
no fault of the petitioner.
 Grounds
• Section 2

• Extrinsic fraud & Lack of jurisdiction

• N.B. Extrinsic fraud shall not be a valid
ground if it was availed of, or could
have been availed of, in a motion for
new trial or petition for relief.
• Republic vs “G” Holdings, Inc., 475
SCRA 608
 Extrinsic fraud
• Fraud is regarded as extrinsic where it
prevents a party from having a trial or from
presenting his entire case to the court or
where it operates upon matters pertaining not
to the judgment itself but the manner in which
it is procured. The overriding consideration
when extrinsic fraud is alleged is that the
fraudulent scheme of the prevailing party
litigant prevented a party from having his day
in court.
• Alaban vs. CA, 470 SCRA 697
 Period to File
• If based on extrinsic fraud, the action must
be filed within four (4) years from its
discovery; and if based on lack of
jurisdiction, before it is barred by laches or
estoppel.

• Section 3
 Does RTC have jurisdiction to entertain
petition for annulment of judgment of MTC?

• An action to annul a judgment or final order of

a Municipal Trial Court shall be filed in the
Regional Trial Court having jurisdiction over
the former. It shall be treated as an ordinary
civil action and Sections 2, 3, 4, 7, 8 and 9 of
this Rule shall be applicable thereto.

• Section 10.
 Rule 65
Certiorari
• SECTION 1. Petition for Certiorari. — When any
tribunal, board or officer exercising judicial or quasi-
judicial functions has acted without or in excess of
its or his jurisdiction, or with grave abuse of
discretion amounting to lack or excess of
jurisdiction, and there is no appeal, or any plain,
speedy, and adequate remedy in the ordinary course
of law, a person aggrieved thereby may file a verified
petition in the proper court, alleging the facts with
certainty and praying that judgment be rendered
annulling or modifying the proceedings of such
tribunal, board or officer, and granting such incidental
reliefs as law and justice may require.
 When and Where to file
• SECTION 4. Where Petition Filed. — The petition may
be filed not later than sixty (60) days from notice of the
judgment, order or resolution sought to be assailed in the
Supreme Court or, if it relates to the acts or omissions of
a lower court or of a corporation, board, officer or person,
in the Regional Trial Court exercising jurisdiction over the
territorial area as defined by the Supreme Court. It may
also be filed in the Court of Appeals whether or not the
same is in aid of its appellate jurisdiction, or in the
Sandiganbayan if it is in aid of its jurisdiction. If it involves
the acts or omissions of a quasi-judicial agency, and
unless otherwise provided by law or these Rules, the
petition shall be filed in and cognizable only by the Court
of Appeals.
 MR should first be filed
• Petitioner must first exhaust all other remedies available
before resorting to certiorari. It must be stressed that a
petition for certiorari is an extra-ordinary remedy and
should be filed as a last resort (Lepanto Consolidated
Mining Co. vs. Lepanto Capataz Union, 691 SCRA
11).

• The filing of Motion for Reconsideration is an

indispensable requirement before an aggrieved party can
resort to special civil action for certiorari. The rational for
this rule is that law intends to afford the lower tribunal an
opportunity to rectify such errors or mistakes it may have
committed before resort to courts of justice can be had
(PNB vs. Arcobillas, August 7, 2013).
 Exception to the Rule
• Where the order is a patently nullity, as where the
court a quo has no jurisdiction
• Where the questions raised in certiorari have been
duly raised by the lower court
• Where there is an urgent necessity for the resolution
of the question
• Where under the circumstances, MR would be
useless
• Where petitioner was deprived of due process and
there is extreme urgency
• Where, in criminal case, relief from an order of
arrest is urgent
 Nature of Certiorari
• Certiorari is separate and independent
from the principal case from which it
arose. Thus, the pendency of the petition
for certiorari does not interrupt the course
of the principal case (Sec. 7, Rule 65,
Rules of Court). Hence, if said petition is
filed against a court, the proceedings in
that court, as to case subject of certiorari,
have to proceed.