Appellate Process Philippines

THE HIERARCHY OF COURTS

In the Philippine legal system, courts are structured in a hierarchical manner, starting
from the lowest-level courts, such as the Metropolitan Trial Courts, up to the highest
tribunal, which is the Supreme Court. This hierarchy plays a crucial role in the appellate
process, which allows for the review and reconsideration of a lower court’s decision by a
higher court.

NATURE AND IMPORTANCE OF APPELLATE COURTS

Appellate courts are distinct from trial courts, primarily in their function to review rather
than conduct trials. The appellate courts do not hear cases ab initio (from the beginning);
rather, they review the records of lower courts to determine whether legal errors were
committed that warrant reversal or modification of the decision.

THE APPELLATE PROCESS

1. Filing an Appeal: The process generally starts when the aggrieved party, or the
appellant, files a notice of appeal within the prescribed period, stating the intention
to appeal a decision to a higher court.
2. Briefs and Records: Parties submit appellate briefs, and sometimes oral
arguments, to lay out their legal arguments. The records of the case, as well as the
transcript of stenographic notes, are transmitted to the appellate court for review.
3. Deliberation: The justices or judges review the legal arguments and the records,
often engaging in internal deliberations.
4. Decision: A decision is rendered either affirming, modifying, or reversing the lower
court’s judgment.
5. Remand: In some cases, the appellate court may remand the case to the trial court
for further proceedings.
6. Finality: Once the appellate court renders a decision and the period for filing further
appeals lapses, the judgment becomes final and executory.

THE SUPREME COURT AS THE FINAL ARBITER

The Supreme Court has the ultimate appellate jurisdiction over all cases. Its decisions
are final and unappealable, effectively putting an end to the appellate process.

LEGAL REMEDIES

Should the appellate court’s decision be unfavorable, a party may still elevate the case
to a higher appellate court, eventually reaching the Supreme Court. However, this
depends on the nature of the case and the issues involved.

CONCLUSION

Understanding the appellate process is essential for both legal practitioners and litigants.
It ensures that legal decisions are sound, just, and in accordance with law and
jurisprudence. This multi-tiered review system serves as a safeguard against judicial
error, ultimately promoting justice and fairness.

Appealing Decisions in the Philippines

Title: A Comprehensive Guide to Appealing Decisions in the Philippines

Introduction:

1
Appealing a decision is an important legal recourse that allows individuals to challenge unfavorable judgments
and protect their rights. In the Philippines, the right to appeal is enshrined in the Constitution and ensures that
every person has the opportunity to seek a review of decisions that affect their interests. This article provides a
step-by-step guide on how to navigate the appellate process in the Philippines and exercise the right to appeal
effectively.

I. Understanding the Right to Appeal:

The right to appeal is a fundamental aspect of the legal system that promotes fairness and provides an avenue
for recourse. It allows parties to question errors in the application of law or interpretation of facts made by
lower courts or administrative bodies.

II. Determining the Appropriate Appellate Court:

Identify the correct appellate court with jurisdiction over the case. For civil cases, the Court of Appeals (CA) is
generally the appellate court. However, certain cases may fall under the jurisdiction of the Supreme Court (SC)
directly, such as cases involving constitutional issues or questions of law.

III. Filing a Notice of Appeal:

Initiate the appeal process by filing a Notice of Appeal with the court that rendered the decision. This formal
document informs the court and the opposing party of the intention to appeal. Ensure compliance with the
prescribed period for filing the Notice of Appeal.

IV. Preparing the Appellate Brief:

The Appellate Brief is a crucial document that presents the appellant's arguments and legal issues to be raised
on appeal. It should be concise, organized, and supported by legal and factual references. Clearly state the errors
or grounds for appeal and provide a compelling argument for each ground.

V. Submitting the Appellate Brief:

File the Appellate Brief with the appropriate appellate court within the prescribed period. Adhere to the court's
procedural requirements, including the number of copies needed and any necessary filing fees. Keep a record of
the filing date and ensure compliance with all court rules.

VI. Paying the Required Fees:

Appellate courts may impose filing fees and other costs. Verify the applicable fees and payment procedures, as
failure to comply may result in the dismissal of the appeal. Keep copies of payment receipts and ensure accurate
documentation of all expenses.

VII. Obtaining the Transcript of Records:

Request a certified copy of the Transcript of Records from the lower court or administrative body that rendered
the decision. This document contains the records of the case, including pleadings, orders, and judgments. The
Transcript of Records is essential for the appellate court's review of the case.

VIII. Following Appellate Court Procedures:

Familiarize yourself with the specific procedures of the appellate court. Pay attention to deadlines for
submitting additional pleadings, responding to opposing arguments, and attending oral arguments if required.
Strictly adhere to the court's rules to avoid procedural pitfalls.

IX. Attending Oral Arguments (if applicable):

Some appellate courts may schedule oral arguments to allow parties to present their case in person. Prepare
thoroughly by reviewing the legal issues, anticipating questions, and crafting persuasive responses. Seek
guidance from your legal counsel to effectively present your arguments during oral arguments.

2
X. Awaiting the Appellate Court Decision:

After submission of the Appellate Brief and completion of the necessary procedures, await the appellate court's
decision. The court will review the case, consider the arguments presented, and render a decision. The decision
may affirm, modify, or reverse the lower court's decision or remand the case for further proceedings.

XI. Considering Further Recourse:

If the decision from the appellate court is unfavorable, there may be additional legal recourse available. In
certain circumstances, parties can file a Petition for Review on Certiorari with the Supreme Court. This option
is available when there are substantial constitutional or legal issues involved.

Conclusion:

The right to appeal is a vital component of the Philippine legal system, providing an opportunity for parties to
seek redress and ensure justice. Understanding the appellate process and following the prescribed procedures is
crucial to effectively exercise the right to appeal. Consultation with an experienced lawyer specializing in
appellate practice is highly recommended to navigate the complexities of the appellate process and increase the
chances of a successful appeal.

3
4
5
6
MODES OF APPEAL:

Section 2, Rule 41 of the Rules of Court provides the three modes of appeal, which are as
follows: “Section 2. Modes of appeal. —

(a) Ordinary appeal. — 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 filing a notice of appeal
with the court which rendered the judgment or final order appealed from and serving a copy
thereof upon the adverse party. No record on appeal shall be required except in special
proceedings and other cases of multiple or separate appeals where the law or these Rules so
require. In such cases, the record on appeal shall be filed and served in like manner.
(b) Petition for review. — The appeal to the Court of Appeals in cases decided by the
Regional Trial Court in the exercise of its appellate jurisdiction shall be by petition for review
in accordance with Rule 42.
(c) Appeal by certiorari. — In all cases where only questions of law are raised or involved, the
appeal shall be to the Supreme Court by petition for review on certiorari in accordance with
Rule 45” (emphasis supplied).
The first mode of appeal, the ordinary appeal under Rule 41 of the Rules of Court, is brought
to the CA from the RTC, in the exercise of its original jurisdiction, and resolves questions of
fact or mixed questions of fact and law. The second mode of appeal, the petition for review
under Rule 42 of the Rules of Court, is brought to the CA from the RTC, acting in the exercise
of its appellate jurisdiction, and resolves questions of fact or mixed questions of fact and law.
The third mode of appeal, the appeal by certiorari under Rule 45 of the Rules of Court, is
brought to the Supreme Court and resolves only questions of law (HEIRS OF NICOLAS
CABIGAS VS. LIMBACO [2011]).
7
Jurisprudence holds that the right to appeal is neither a natural right nor a part of due process; it is
merely a statutory privilege and may be exercised only in the manner and in accordance with the
provisions of law. (Fenequito v. Vergara Jr., G.R. 172829, 18 July 2012). An appeal being a purely
statutory right, an appellant or appealing party must strictly comply with the requisites laid down in the
Rules of Court.

With respect to ordinary appealed cases to the Court of Appeals (CA), Section 7, Rule 44 of the
Revised Rules of Civil Procedure requires an appellant to file an Appellant’s Brief with the CA within
forty-five days from receipt of the notice of the clerk.

According to the Supreme Court in Philippine Coconut Authority v. Corona International Inc. (G.R.
13991, 29 September 2000), the purpose of the Appellant’s Brief is to present to the court in coherent
and concise form the point and questions in controversy, and by fair argument on the facts and law of
the case, to assist the court in arriving at a just and proper conclusion.

Failure to file an Appellant’s Brief within the prescribed period is a ground for the dismissal of the
appeal.
However, the SC clarified in Sindophil Inc. v. Republic (G.R. 204594, 07 November 2018) that the
use of the permissive “may” in the wording of the above-stated provision meant that the dismissal of
the appeal by the CA is directory and not mandatory.

This means that the failure to file an Appellant’s Brief within the reglementary period would not
automatically result in the outright dismissal of the appeal as the CA is bound to exercise its sound
discretion whether to allow the appeal to proceed or not.

The SC explained that the allowance of the appeal despite the failure to file an Appellant’s Brief must
be decided by the CA taking into account all the factors surrounding the case. Its discretion must be
exercised with due regard to justice and fair play under the circumstances.

The question of whether or not to sustain the dismissal of an appeal due to the appellant’s failure to
file the Appellant’s Brief had been raised before the SC in a number of cases. In some of these
cases, the High Court relaxed the Rules and allowed the belated filing of the Appellant’s Brief. In
other cases, however, the Court applied the Rules strictly and considered the appeal abandoned,
which thus resulted in its eventual dismissal.

Finally, in Government of the Kingdom of Belgium v. Court of Appeals (G.R. 164150, 14 April 2008),
the SC revisited the cases which it previously decided and laid down the following guidelines in
confronting the issue of non-filing of the Appellant’s Brief:

(1) The general rule is for the CA to dismiss an appeal when no appellant’s brief is filed within the
reglementary period prescribed by the rules;
(2) The power conferred upon the CA to dismiss an appeal is discretionary and directory and not
ministerial or mandatory;
(3) The failure of an appellant to file his brief within the reglementary period does not have the effect
of causing the automatic dismissal of the appeal;
(4) In case of late filing, the appellate court has the power to still allow the appeal; however, for the
proper exercise of the court’s leniency[,] it is imperative that:
(4a) the circumstances obtaining warrant the court’s liberality;
(4b)that strong considerations of equity justify an exception to the procedural rule in the interest of
substantial justice;
(4c) no material injury has been suffered by the appellee by the delay;
(4d) there is no contention that the appellee’s cause was prejudiced;
(4e) at least there is no motion to dismiss filed.
(5) In case of delay, the lapse must be for a reasonable period; and
(6) Inadvertence of counsel cannot be considered as an adequate excuse to call for the appellate
court’s indulgence except:
(6a) where the reckless or gross negligence of counsel deprives the client of due process of law;
(6b) when application of the rule will result in outright deprivation of the client’s liberty or property; or
8
(6c) where the interests of justice so require