v. Appeal by Certiorari to SC (Rule 45)

Certiorari and Appeal by Certiorari - Distinguished:

Appeal

Any party may appeal from the final judgment or order to the Supreme Court under Rule 45. The appeal may raise questions of fact or law or both. The period of appeal shall be five (5) working days from the date of notice of the adverse judgment or final order. Appeal shall be given the SAME priority as Habeas Corpus and Amparo cases. (Sec. 19, A.M. No. 08-1-16-SC)

Appeals in Civil Cases

The first appeal is a matter of right. Appeals from decisions of the MTC (Rule 40) or RTC (Rule 41) rendered in the exercise of original jurisdiction should be granted as a matter of right if filed within the reglementary period. (Rule 45, Sec. 6)

Exception: In civil cases, the first appeal is not a matter of right if filed with the SC. (Rule 45, Sec. 6)

Even when the period for appeal has lapsed, SC has allowed a writ of certiorari:

• When appeal is lost without the appellants’ negligence;
• When public welfare and the advancement of public policy dictates;
• When the broader interest of justice so requires;
• When the writs issued are null and void; and
• When the questioned order amounts to an oppressive exercise of judicial authority. (Sunbeam Convenience Foods v. CA, G.R. No. 50464, 1990)

Appeal

Any party may appeal from the final judgment or order to the Supreme Court under Rule 45. The appeal may raise questions of fact or law or both.

The period of appeal shall be five (5) working days from the date of notice of the adverse judgment. Appeal shall be given the SAME priority as Habeas Corpus cases. (Sec. 19, A.M. No. 07-9-12-SC)

Appeals in criminal cases decided by the Sandiganbayan in the exercise of its appellate jurisdiction

The appeal to the Supreme Court in criminal cases decided in the exercise of its appellate jurisdiction shall be by petition for review on certiorari under Rule 45 of the Rules of Civil Procedure. (Rule XI, Sec. 1(a), 2018 Revised Internal Rules of the Sandiganbayan)

Period of Ordinary Appeal; Appeal in Writ of Amparo Cases (A.M. No. 07-9-12-SC, Sec. 19)

• The period of appeal shall be five (5) working (not calendar) days from the date of notice of the adverse judgment.
• Appeal shall be made directly to the Supreme Court under Rule 45 where questions of fact or of law or both may be raised.

Appeals by Certiorari to the Supreme Court (Rule 45)

An appeal from a judgment or final order of the Regional Trial Court in the exercise of its original jurisdiction but ONLY on questions of law.

It also pertains to an appeal from the judgment, final order or resolutions of the Court of Appeals, Sandiganbayan, Court of Tax Appeals en banc.

Appeal by Certiorari under Rule 45

A party desiring to appeal by certiorari from a judgment, final order or resolution of the following courts may file with the Supreme Court a verified petition for review on certiorari:

• Court of Appeals.
• Sandiganbayan.
• Regional Trial Court.
• Court of Tax Appeals (en banc).
• Other courts, whenever authorized by law

The petition may include an application for a writ of preliminary injunction or other provisional remedies and shall raise only questions of law which must be distinctly set forth.

The petitioner may seek the same provisional remedies by verified motion filed in the same action or proceeding at any time during its pendency. (As amended by A.M. No. 07-7-12 SC, Dec. 12, 2007)

The appeal under this Rule contemplates that the RTC rendered the judgment or final order or resolution acting in its original jurisdiction.

If the RTC rendered the same in the exercise of its appellate jurisdiction, the remedy is to file a Petition for Review either under Rules 42 or 43. The appeal shall be taken to the Court of Appeals even if only questions of law are raised by the petitioner.

Although the term used in the second mode is “Petition for Review,” just like in appeals from the quasi-judicial agencies under Rule 43, it should not be confused with the “Petition for Review on Certiorari” under the third mode, which is a distinct procedure under Rule 45.

Nor should the use of the word “Certiorari” in the latter be mistaken for the special civil action for Certiorari in Rule 65, which is not a mode of appeal but is an original action.

Certiorari as a Mode of Appeal (Rule 45) v. Certiorari as an Original Special Civil Action (Rule 65)

Questions of Law in Rule 45 Petition; Exception

General Rule: Only QUESTIONS OF LAW may be raised in a petition for review under Rule 45 of the Rules of Court.

Q: Petitioner A and Respondent B are brothers in dispute over subject land. Petitioner A filed an action seeking the annulment of Respondent B’s title. Intervenor C filed an Urgent Motion for Intervention on the ground that Respondent B executed in her favor a Deed of Conditional Sale over a portion of one hectare of the property and pursuant thereof she had already paid the sum of P100,000.00, with the balance of P900,000.00. the RTC rendered a Decision in favor of the Respondent B. Without filing a motion for reconsideration, Intervenor C filed the instant Rule 45 Petition against Respondent B, alleging that the parties clearly manifested their novation of the DCS wherein the condition to pay the balance of P900,000.00 within the two months limitation was later changed to when the Adverse Claim would be resolved.

Did Intervenor C err in filing a Petition under Rule 45?

A: Yes, Intervenor Trotin is precluded in a Rule 45 certiorari petition to raise factual issues. Section 1 of Rule 45 is unmistakable: "The petition shall raise only questions of law, which must be distinctly set forth." For her novation theory to be sustained, the Court will have to do a factual review. While certain exceptions are allowed, intervenor Trotin unfortunately fails to cite the relevant exceptions to sustain her plea for the Court to make a factual review.

Exceptions: QUESTIONS OF LAW AND FACT may be determined, in the following instances:

Exceptions:

• Writ of Amparo – 5 working days
• Writ of Habeas Data – 5 working days

Within the fifteen (15) day period, the petitioner may, for good cause, file a motion for extension of time to file his/her petition for review on certiorari. The petitioner must submit the requisite proof of service of such motion on the respondents, pay the docket and other lawful fees in full, as well as deposit the costs of suit.

The Supreme Court may, for justifiable reasons, grant an extension of 30 days within which to file the petition, provided the following requisites concur:

• A motion duly filed and served (within the original 15-day period); and
• Full payment of the docket and other lawful fees and the deposit for costs (within the original 15- day period). (Rule 45, Sec. 2)

Docket and other lawful fees; proof of service of the petition

Unless he/she has theretofore done so, the petitioner shall pay the corresponding docket and other lawful fees to the clerk of court of the Supreme Court and deposit the amount of P500.00 for costs at the time of the filing of the petition. (Rule 45, Sec. 3)

The phrase “unless he has theretofore done so” refers to the situation in the next preceding section wherein a motion for extension of time to file the petition for review was filed, in which case the petitioner had already paid the docket and other lawful fees and made the deposit for costs as requisites therefore.

Although a copy of the petition is served upon the lower court concerned, it is only for the purpose of giving notice that its judgment should not be entered since it is not yet executory because of the pending petition for review thereof. The lower court does not become a party to the case since Rule 45 provides a mode of appeal.

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

Contents of petition

File in 11 copies for the Supreme Court en banc and 5 copies for the SC division (per Efficient Use of Paper Rule, A.M. No. 11-9-4-SC), with the original intended for the court being indicated as such by the petitioner.

The Verified Petition shall contain:

• Full names of the appealing party as the petitioner and the adverse party as respondent, without impleading the lower courts/judges thereof either as petitioners or respondents.
• Material dates showing:
• When notice of the judgment or final order or resolution subject thereof was received.
• When a motion for new trial or reconsideration, if any, was filed; and
• When notice of the denial thereof was received.
• A statement of the matters involved and the reasons or arguments relied on for the allowance of the petition
• Clearly legible duplicate original, or a certified true copy of the judgment or final order or resolution certified by the clerk of court of the court a quo and the requisite number of plain copies thereof, and such material portions of the record as would support the petition.
• Certificate of non-forum shopping. (Rule 45, Sec. 4)

Rule 45, Section 4 of the Rules of Court indeed requires the attachment to the petition for review on certiorari “such material portions of the record as would support the petition.” However, such a requirement was not meant to be an ironclad rule such that the failure to follow the same would merit the outright dismissal of the petition.

In accordance with Section 7 of Rule 45, “the Supreme Court may require or allow the filing of such pleadings, briefs, memoranda or documents as it may deem necessary within such periods and under such conditions as it may consider appropriate.” More importantly, Section 8 of Rule 45 declares that “if the petition is given due course, the Supreme Court may require the elevation of the complete record of the case or specified parts thereof within fifteen (15) days from notice.” (F.A.T. Kee Computer Systems, Inc. v. Online Networks International, Inc., G.R. No. 171238, 2011)

Dismissal or denial of petition

The failure of the petitioner to comply with any of the following requirements shall be sufficient ground for the dismissal thereof:

• Payment of the docket and other lawful fees.
• Deposit for costs.
• Proof of service of the petition; and
• Contents of and the documents which should accompany the petition.

The Supreme Court may, on its own initiative, deny the petition on the following grounds:

• The appeal is without merit.
• It is prosecuted manifestly for delay; or
• The questions raised therein are too unsubstantial to require consideration. (Rule 45, Sec. 5)

Pleadings and documents that may be required; sanctions

For the purposes of determining whether the petition should be dismissed or denied pursuant to Section 5 of this rule, or where the petition is given due course under Section 8 hereof, the Supreme Court may:

• Require or allow the filing of pleadings, briefs, memoranda or documents as it may deem necessary within such periods and under such conditions as it may consider appropriate.
• Impose sanctions in the following cases:
• Non-filing of such pleadings or documents.
• Unauthorized filing of such pleadings or documents; or
• Non-compliance with the conditions therefor. (Rule 45, Sec. 7)

Due course; elevation of records

If the petition is given due course, the Supreme Court may require the elevation of the complete record of the case or parts thereof within 15 days from notice. (Rule 45, Sec. 8)

Rule applicable to both civil and criminal cases

General Rule: The mode of appeal prescribed in this Rule shall be applicable to both civil and criminal cases

Exception: Not applicable in criminal cases where the penalty imposed is:

• Death.
• Reclusion perpetua; or
• Life imprisonment. (Rule 45, Sec. 9)