Appeal by certiorari to the Supreme Court (RULE 45) | Appeal | Post-judgment Remedies | CIVIL PROCEDURE

APPEAL BY CERTIORARI TO THE SUPREME COURT (RULE 45, RULES OF COURT)

I. Concept and Nature of an Appeal by Certiorari

  1. Governing Rule

    • Appeals by certiorari to the Supreme Court in civil cases are governed by Rule 45 of the 1997 Rules of Civil Procedure.
    • This mode of appeal is discretionary, meaning the Supreme Court has full discretion on whether to give due course to the petition.

  2. What is Being Questioned

    • Rule 45 contemplates an appeal on pure questions of law.
    • A “question of law” arises when the doubt or difference arises as to what the law is on a certain set of facts, as opposed to a “question of fact,” where the doubt arises as to the truth or falsity of the alleged facts.

  3. Distinction from Rule 65 (Certiorari, Prohibition, Mandamus)

    • Rule 45 presupposes that the trial or appellate court had jurisdiction and that the decision rendered was within its authority, but there is an error of law in the decision.
    • Rule 65 (special civil action of certiorari) generally lies only when there is no appeal or any other plain, speedy, and adequate remedy in the ordinary course of law and the court or tribunal is alleged to have acted with grave abuse of discretion amounting to lack or excess of jurisdiction.
    • Under Rule 45, the error is typically an error of judgment (i.e., misappreciation or misapplication of the law); under Rule 65, the error is jurisdictional (i.e., the court acted without or in excess of its jurisdiction, or with grave abuse of discretion).

II. Decisions and Orders Subject to Appeal Under Rule 45

  1. Final Judgments or Final Orders

    • Only final judgments or final orders (i.e., those that completely dispose of the case) rendered by the following may be appealed to the Supreme Court by certiorari:
      • Court of Appeals
      • Sandiganbayan
      • Regional Trial Courts (in instances allowed by law or jurisprudence)
      • Other courts or agencies as may be authorized by statute (e.g., decisions of the Commission on Audit or the Commission on Tax Appeals, in certain situations).
    • Intermediate orders or interlocutory orders are typically not appealable via Rule 45; these are commonly challenged via petition for certiorari under Rule 65 if grave abuse of discretion is alleged.

  2. Questions of Law Only

    • The Supreme Court will not review factual issues under Rule 45, except in narrowly defined exceptions (e.g., when the Court of Appeals’ factual findings are contradictory, or when the conclusion is a finding grounded entirely on speculation, or the appellate court’s inference is manifestly mistaken, etc.).
    • The general rule remains that the Supreme Court is not a trier of facts.

III. Period to Appeal

  1. 15-Day Rule

    • The appeal must be taken within fifteen (15) days from receipt of the judgment or final order appealed from, or from the denial of the timely filed motion for reconsideration (or motion for new trial).
    • No extension of time to file the petition for review on certiorari shall be granted, except for the most compelling reasons and in no case exceeding 30 days.
    • Strict compliance with the reglementary period is a jurisdictional requirement, although the Supreme Court has, in meritorious circumstances, relaxed this rule in order to serve the broader interests of justice.

  2. Effect of a Timely Motion for Reconsideration

    • The filing of a motion for reconsideration or motion for new trial (where allowed) tolls or interrupts the 15-day period. If the motion is denied, the aggrieved party has the residual period of the remainder of the fifteen (15) days from notice of the denial order to file the petition under Rule 45.

IV. Form and Content of the Petition

  1. Caption and Title

    • The petition shall be entitled “Petition for Review on Certiorari” and must comply with standard pleading formalities under the Rules of Court.

  2. Allegations in the Petition

    • Statement of the material dates showing that it was filed on time (i.e., date of receipt of the judgment or final order, date of filing of any motion for reconsideration or new trial, date of receipt of denial thereof).
    • Statement of the issues clearly setting forth the question/s of law involved.
    • Concise statement of the pertinent facts.
    • Arguments and discussion explaining why the decision or final order is contrary to law or jurisprudence.
    • Prayer specifying the relief sought.

  3. Verification and Certification against Forum Shopping

    • The petition must be verified by the petitioner.
    • It must also contain a certification of non-forum shopping in accordance with Supreme Court Circulars and the Rules of Court (Rule 7, Section 5), verifying that the petitioner has not commenced or is not maintaining any action involving the same issues in another tribunal or agency.

  4. Supporting Documents

    • The petitioner must attach or submit:
      • Certified true copies of the judgment or final order subject of the petition.
      • Certified true copies of the lower court or appellate court judgments/orders, if material to the petition.
      • Relevant pleadings and documents, if referred to in the petition and essential to the resolution of the issues presented.

V. Grounds and Scope of Review

  1. Grounds for Allowance of the Petition

    • Petitioner must persuasively demonstrate that the appellate court or the lower court committed reversible error in applying or interpreting the law, or that it deviated from settled jurisprudence leading to a grave prejudice or denial of substantial justice.
    • The Supreme Court, in many cases, stresses the importance of the principle that it is not a trier of facts, and that only “substantial questions of law” are properly reviewable in a Rule 45 petition.

  2. Exceptions Allowing Review of Factual Issues

    • While Rule 45 generally confines the Court’s review to questions of law, exceptions (recognized under Medado v. Court of Appeals and various jurisprudence) include:
      1. When the findings of the trial court and the appellate court are conflicting;
      2. When the appellate court’s findings are contrary to those of a quasi-judicial agency with specialized competence that was affirmed by the trial court;
      3. When the findings are not supported by the evidence on record;
      4. When the appellate court’s judgment is based on misapprehension of facts;
      5. When the appellate court manifestly overlooked certain relevant facts not disputed by the parties, which, if properly considered, would justify a different conclusion;
      6. When the findings are based on speculation, surmises, or conjectures, or where the inference is manifestly mistaken, absurd, or impossible; and
      7. When the findings of fact are conclusions without citation of specific evidence on which they are based.

VI. Effect of Filing the Petition and Possible Outcomes

  1. No Automatic Stay

    • The mere filing of a petition under Rule 45 does not automatically stay the execution of the judgment appealed from. A separate application for injunctive relief (or a prayer for a temporary restraining order/preliminary injunction) must be included if the petitioner seeks to restrain enforcement of the judgment.

  2. Possible Actions by the Supreme Court

    • Denial of Due Course: If the Court finds the petition to be without merit, or not in conformity with the Rules, or raises no important question of law, or is patently dilatory, it may outrightly deny the petition.
    • Grant of Due Course: If the petition is given due course, the Supreme Court may require the respondent/s to comment, and after due proceedings, either affirm, reverse, or modify the assailed judgment/order.

  3. Disposition After Due Proceedings

    • After the case is fully submitted for resolution (often upon filing of memoranda by the parties or after oral arguments when deemed necessary), the Supreme Court renders a decision which may:
      • Affirm the judgment or final order appealed from;
      • Reverse or Modify the judgment or final order;
      • Remand the case for further proceedings; or
      • Dismiss the appeal if it finds that it has no merit or for lack of jurisdiction or noncompliance with rules.

VII. Significance of Rule 45 in the Philippine Judicial System

  1. Upholds the Principle of Hierarchy of Courts

    • By limiting appeals by certiorari to issues of law, the Supreme Court is spared from re-examining factual determinations better left to the lower courts and the Court of Appeals.
    • The Supreme Court’s primary function in this regard is to ensure the uniform application of the law and correct legal errors of lower courts.

  2. Protection Against Frivolous Appeals

    • The stringent requirements on form, content, and timeliness, as well as the discretionary nature of the appeal, help deter frivolous petitions.
    • The threat of outright dismissal for failure to comply with procedural rules encourages litigants to raise only substantial and significant questions of law.

  3. Harmonizes Jurisprudence

    • The Supreme Court’s final say on issues of law, via Rule 45 petitions, helps unify and clarify legal precedents. This maintains a stable and predictable legal framework for the bench and the bar.

VIII. Practical Tips and Ethical Considerations

  1. Strict Compliance with Procedural Requirements

    • Counsel must ensure that all technical requisites (e.g., certification against forum shopping, verification, payment of docket fees, proper service of pleadings, attachment of certified true copies of relevant orders) are met on time.
    • Even minor errors, if uncorrected, can result in outright dismissal of the petition.

  2. Focus on Questions of Law

    • A primary pitfall is arguing factual issues under Rule 45. Emphasize the purely legal aspect of the case.
    • If the dispute is largely factual, consider the proper vehicle for challenge (possibly a motion for reconsideration before the CA, or if necessary, a petition under Rule 65—if there is a claim of grave abuse of discretion).

  3. Professional Responsibility and Candor

    • As with any pleading, a lawyer’s candor is paramount. The certification against forum shopping must be accurate. Deliberate misrepresentation or omission may result in disciplinary sanctions against counsel and/or party.

  4. Ensuring the Client’s Informed Decision

    • Because Rule 45 is discretionary and can be time-consuming and costly, counsel must inform the client of:
      • The likelihood of the Court giving due course;
      • The approximate timeline and expenses;
      • The prospects of success based on existing jurisprudence;
      • The potential risk that the Supreme Court might impose damages or penalties (e.g., if the appeal is found dilatory or frivolous).

IX. Key Jurisprudential References

  1. Republic v. Malabanan, G.R. No. 169067 (2009) – Illustrates the Supreme Court’s refusal to entertain questions of fact under Rule 45 and clarifies the distinction between questions of law and questions of fact.
  2. Heirs of Marcos v. de Banuvar, G.R. No. 160290 (2004) – Lays down the guidelines on what constitutes a question of law and sets limitations for review of factual issues.
  3. Medado v. Court of Appeals, G.R. No. 125066 (1997) – Enumerates the exceptions where factual issues may be passed upon by the Supreme Court under a Rule 45 petition.
  4. Felipe v. MGM Motor Trading, G.R. No. 214934 (2015) – Emphasizes the importance of the statement of material dates and the consequences for failure to comply.

X. Summary

  • Rule 45 governs appeals by certiorari to the Supreme Court in civil cases, focusing on questions of law.
  • The 15-day period (extendible only in exceptional cases) is jurisdictional.
  • Petitions require strict compliance with form, content, and procedural requisites, including the verification, certification against forum shopping, and complete attachments.
  • The Supreme Court exercises discretion in granting or denying due course to the petition. It will not entertain factual issues except under specific, narrowly construed exceptions.
  • Counsel must carefully evaluate whether the petition involves a genuine legal question and advise clients on the challenges and potential pitfalls of filing a Rule 45 petition.

In all, Rule 45 is a vital procedural mechanism to ensure that significant legal errors committed by lower courts do not stand, while safeguarding the Supreme Court’s role as the final arbiter of legal questions and protector of jurisprudential uniformity.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

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