Appeals are a fundamental component of our justice system, offering an avenue for recourse when a party believes a legal and/or factual error has impacted the outcome of a case. Understanding how appeals work in court is essential for navigating the complexities of the legal system.
What is an appeal?
“Appeal” means the elevation by an aggrieved party of any decision or award of a lower body to a higher body by means of a pleading which includes the assignment of errors, arguments in support thereof, and the reliefs prayed for.
What is the nature of the right to appeal?
It 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. Thus, one who seeks to avail of the right to appeal must comply with the requirements of the Rules. Failure to do so leads to the loss of the right to appeal.
How is appeal perfected?
Appeal is perfected by filing appeal and paying the appellate and docket fees within the prescribed period to do so. The payment of docket fees within the prescribed period is mandatory for the perfection of an appeal. Without such payment, the appeal is not perfected.
What will happen when an appeal is not perfected in accordance with the Rules?
The appellate court does not acquire jurisdiction over the subject matter of the action and the decision sought to be appealed from becomes final and executory.
The perfection of an appeal in the manner and within the period prescribed by law is not only mandatory but jurisdictional upon the court a quo, and the failure to perfect that appeal renders its judgment final and executory.
What are the different modes of appeal?
The different modes of appeal are:
- Ordinary appeal;
- Petition for Review; and
- Appeal by certiorari in accordance with Rule 45.
Explain the different modes of appeal.
Ordinary appeal under Rule 41 of the Rules of Court, is brought to the Court of Appeals (CA) from the Regional Trial Court (RTC), in the exercise of its original jurisdiction, and resolves questions of fact or mixed questions of fact and law.
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.
Appeal by certiorari under Rule 45 of the Rules of Court, is brought to the Supreme Court and resolves only questions of law.
When is an appeal a matter of right?
Appeal by notice of appeal under Rule 40 and Rule 41 are a matter of right. It refers to the right to seek the review by a superior court of the judgment rendered by the trial court, exists after the trial in the first instance.
In criminal cases where the Regional Trial Court imposed the death penalty, the Court of Appeals shall automatically review the judgment.
When is an appeal discretionary?
An appeal is discretionary if taken from the decision or final order rendered by a court in the exercise of its primary appellate jurisdiction under Rule 42. The Court of Appeals has the discretion whether to give due course to the petition for review or not.
What is an ordinary appeal?
It is the appeal to the Court of Appeals in cases decided by the Regional Trial Court (RTC) in the exercise of its original jurisdiction; or an appeal from a judgment or final order of a Municipal Trial Court (MTC) taken to the RTC exercising jurisdiction over the area to which the former pertains.
What is a petition for review?
It is the appeal to the CA in cases decided by RTC in the exercise of its appellate jurisdiction in accordance with Rule 42; or an appeal to the CA from awards, judgments, final orders, or resolutions of or authorized by any quasi- judicial agency in the exercise of its quasi-judicial functions.
What is appeal by certiorari?
The appeal by certiorari under Rule 45 of the Rules of Court, is brought to the SC from the decision of the:
- RTC in the exercise of its original jurisdiction;
- CA or Sandiganbayan in the exercise of its appellate jurisdiction; and
- CTA en banc, and in all cases, only on questions of law.
When is an issue a question of fact?
An issue is a question of fact when there is doubt or difference as to the truth or falsehood of facts, or as to probative value of the evidence presented.
When is an issue a question of law?
There is a question of law when doubt or difference arises as to what the law is on a certain state of facts, and not as to the truth or the falsehood of the alleged facts. It does not involve an examination of the probative value of the evidence presented by the parties and the question involved is purely legal. The doubt lies on what law is to be applied on certain.
Source:
The Rules of Court
