PHILIPPINES Law and Practice Contributed by: Leland R Villadolid Jr, Gilberto D Gallos, Antonio Jose Gerardo T Paz and Leo Frederick Z Cruz, Angara Abello Concepcion Regala & Cruz
Appeals brought to the Court of Appeals through the latter mode of appeal are not a matter of right, and thus may be dismissed outright by the Court of Appeals for lack of merit. Finally, the decision of the Court of Appeals may be appealed, by petition for review on certiorari, to the Supreme Court. For suits initiated at the second-level courts, decisions of the latter may be appealed, by notice of appeal, to the Court of Appeals. There- after, the decision of Court of Appeals may be further appealed to the Supreme Court through a petition for review on certiorari. However, decisions of the second-level courts should be appealed directly to the Supreme Court, by peti- tion for review on certiorari, in cases where only pure questions of law are involved . The Court of Appeals’ decisions, whether in the exercise of its original jurisdiction or appellate jurisdiction, are appealable only to the Supreme Court through a petition for review on certiorari. 10.2 Rules Concerning Appeals of Judgments Please see 10.1 Levels of Appeal or Review to a Litigation . 10.3 Procedure for Taking an Appeal Depending on the level at which the suit was initially filed, appeal may be taken through: • a notice of appeal filed with the RTC or the Court of Appeals; • a petition for review filed with the Court of Appeals; or • a petition for review on certiorari filed with the Supreme Court.
Generally, parties have 15 days from date of receipt of the adverse decision to file their appeal. 10.4 Issues Considered by the Appeal Court at an Appeal Appeals are generally confined to reviewing the records of the case generated through the proceedings conducted at the trial court level. Appellate courts review the transcripts of the proceedings, the pleadings, motions and other documents filed by the parties, as well as the various exhibits admitted into evidence, to deter- mine whether there was an error in the determi - nation of an issue of fact and law committed by the lower court. Appellants are not permitted to raise new issues or to present new evidence that were not properly raised before the trial court. In the exercise of their appellate jurisdiction, RTCs and the Court of Appeals may review both questions of fact and law. On the other hand, only pure questions of law may be entertained on appeal by the Supreme Court. 10.5 Court-Imposed Conditions on Granting an Appeal Other than the payment of the filing fees and compliance with the formal requirements for an appeal stated in the Rules of Court, appellate courts generally do not impose conditions for granting an appeal. Decisions on whether to grant or deny an appeal are based on the merits of the case. 10.6 Powers of the Appellate Court After an Appeal Hearing Appellate courts have the power to affirm, set aside, reverse or modify (wholly or partially) the appealed decision to correct errors of judgment by the lower court. The appellate court also has the power to remand the case to the trial court
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