POST JUDGEMENT REMEDIES within the 15 day appeal period
Motion for Reconsideration – give the court a chance to correct its
decision.
Grounds:
1. Excessive damages
2. Evidence insufficient to justify the decision (Issues of fact)
3. Decision or Final Order contrary to law. (Issues of law)
Requisites:
1. Specify findings & conclusions contrary to law or not supported
by evidence
2. Alleged errors must be substantiated
3. Notice of hearing is required
Otherwise, PRO FORMA- a mere scrap.
No motion for extension of time to file MR.
If Granted- Court will render a new Judgment . (Maybe a partial
consideration)
If denied – Movant should appeal from the JUDGMENT not from the MR.
It cannot be subjected to rule 65 petition for certiorari.
Filing of MR tolls the running of the appeal period.
“Neypes Rule” – Fresh Period rule (applies only to judicial proceedings)
Motion for New Trial -
Filed within the period of appeal
Effects: Stops the running of the period to file an appeal
Grounds:
1. FAME = Fraud (extrinsic) fraud that preventing a party for
availing his right to due process. accident, mistake, excusable
neglect. – which ordinary prudence could not have guarded
against & by reason of which, the aggrieved party has probably
been impaired in his right.
Requirements:
2. Newly discovered evidence – which he could not, with reasonable
diligence have discovered and produce at the trial and which, if
presented, would probably alter the result.
Requirements:
1. Affidavits of witnesses
2. Authenticated documents proposed to introduced as evidence
Affidavit of merit: fact showing that the movant has meritorious
defense, a good & substantial defense.
Requisites for newly discovered evidence:
1. It is discovered after trial
2. It could have not been discovered & produced at the trial even
with the exercise of reasonable diligence
3. It is material, not merely cumulative, corroborative or
impeaching.
4. It is of such weight that it would probably change the judgment if
admitted.
In appealed cases- a motion for new trial is allowed
Petition for review – appeal from RTC to C.A, QJB to C.A.
Appeal by certiorari (petition for review on certiorari) = RTC,
C.A, CTA, sandigan to sc (deals only with questions of law) Rule 45
Appeal
MTC to RTC (Rule 40)
RTC to C.A – (Rule 41)
RTC (as appellate) to C.A – (Rule 42)
QJA to C.A – (Rule 43)
Appeal by Certiorari – (Rule 45) pure question of law
Grounds:
1. Court aquo decides a question of substance. Or not in accord with
law
2. Court decides not based on a usual course or proceedings.
SC may require the whole record or part to be elevated.
POST JUDGEMENT REMEDIES after the 15 day appeal period
1. Petition for relief from Judgment (Rule 38)
Ground: 1. There was FAME has been prevented from taking an appeal.
2. Verified petition for denial of appeal
3. Time for filing petition (60 days after learning of Judgment,
6M after Judgment or final Order was entered.
4. Contents. (That fame were lied upon)
Proceedings after answer is filed:
- Court hearing, try & decide the case.
Proceedings where denial is set aside:
- Lower court shall require to give due course to the appeal & to
elevate the case.
2.Action to Annul a Judgment (rule 47)
RTC to CA – the rule shall govern the annulment by the CA of
judgment in Civ. Case rendered by RTC for which the ordinary
remedies are no longer available through no fault of the
petitioner.
Grounds:
1. Extrinsic fraud – filed within 4 yrs. from discovery.
2. Lack of jurisdiction – filed before it is barred by laches or
estoppel.
(Lack of jurisdiction over the subject matter)
3.Petition for Certiorari (Rule 65) (COA & COMELEC DECISIONS ONLY)
- Grave accused of discretion or grave abused of lack of
jurisdiction-
Gen Rule= not a post judgment remedy but an original action.
Emption: final judgment, order or reso. of COMELEC & COA, a pet
for certiorari under rule 64 in rel to Rule 65 is a post-judgment
remedy.
4.Collateral Attack -
Time to file: Gen. Rule: 60 days.
Cases of com & coa = within 30 days from notice of Judement
