Nature of Appeal and Review
Appeal is the remedy by which a party asks a higher court to correct errors of judgment committed in a final judgment, final order, or appealable order. It is not a natural right or a component of due process; it is a statutory privilege exercised only in the manner, within the period, and through the mode fixed by the Rules of Court or by special law.
Review is the broader appellate function by which a higher tribunal examines the correctness, validity, or legal soundness of a lower court's disposition. In civil procedure, review may be obtained through an ordinary appeal, a petition for review, or an appeal by certiorari, depending on the court that rendered the judgment and on whether the questions raised are factual, legal, or mixed.
Appeal and review are remedies against errors of judgment, not errors of jurisdiction. If the court had jurisdiction but allegedly decided incorrectly, the remedy is appeal. If the court acted without jurisdiction, in excess of jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction, the proper remedy is the special civil action of certiorari when there is no appeal or any plain, speedy, and adequate remedy.
An appeal is a continuation of the original action and transfers to the reviewing court only the issues and matters properly brought up for review. It does not open a new case, permit a change of cause of action, or allow parties to try issues that were not raised and passed upon below, except in recognized instances where the appellate court must consider matters affecting jurisdiction, validity of the judgment, or a just and complete resolution of issues already in the record.
Appealable Judgments and Orders
The basic object of appeal is a judgment or final order that completely disposes of the case, claim, counterclaim, cross-claim, or proceeding, leaving nothing more for the court to do except to execute the judgment. A final judgment is appealable because it fixes the rights and obligations of the parties with finality at the trial-court level.
An interlocutory order is not appealable because it does not finally dispose of the case and leaves substantial proceedings to be done. The correctness of an interlocutory order is generally reviewed in the appeal from the final judgment, unless the order was issued with grave abuse of discretion and no adequate remedy by appeal exists.
Several orders are treated as non-appealable even though they are issued after judgment or affect important rights. These include an order denying a motion for new trial or reconsideration, an order denying a petition for relief, an order disallowing or dismissing an appeal, an order of execution, an order dismissing an action without prejudice, and a judgment or order disposing of fewer than all claims or parties while the main case remains pending unless appeal is allowed under the rules on separate judgments or multiple appeals.
The remedy from a non-appealable order is not an ordinary appeal. When the order is merely erroneous, the issue is ordinarily preserved for the appeal from the final judgment. When the order is jurisdictionally defective or attended by grave abuse of discretion, the available remedy may be certiorari, subject to the strict requisites of that special civil action.
Function in the Sequence of Post-Judgment Remedies
Appeal becomes relevant after judgment is rendered but before the judgment becomes final and executory. During this period, the losing party may seek correction by motion for new trial, motion for reconsideration, appeal, or a proper petition for review, depending on the procedural setting. Once the judgment becomes final and executory, appeal is no longer available, and the judgment is protected by the doctrine of immutability.
The finality of judgment serves the public policy that litigation must end. After finality, the court generally loses authority to alter the judgment even if the alteration appears legally sound. The recognized exceptions are narrow, such as correction of clerical errors, entry of nunc pro tunc orders that merely record what was actually done, void judgments, or supervening events that make execution unjust or impossible.
Timely appeal prevents finality as to the matters appealed. It also ordinarily stays execution, subject to rules on discretionary execution pending appeal and judgments declared immediately executory by law or rule. The filing of an appeal does not, by itself, erase the judgment; it suspends its conclusiveness while the reviewing court determines whether it should be affirmed, modified, reversed, or set aside.
Modes of Appeal and Review
The proper mode of appeal depends primarily on the court that rendered the judgment and the nature of the questions to be raised. The mode is jurisdictional in practical effect because the wrong mode may lead to dismissal, loss of time, or finality of the judgment.
| Judgment or order reviewed | Usual mode | Reviewing court | Main character of review |
|---|---|---|---|
| Judgment of the Municipal Trial Court or first-level court in a civil case | Ordinary appeal by notice of appeal, or record on appeal when required | Regional Trial Court | Review of factual and legal issues within the appealed case |
| Judgment of the Regional Trial Court in the exercise of original jurisdiction | Ordinary appeal to the Court of Appeals if factual or mixed issues are raised; appeal by certiorari to the Supreme Court if only questions of law are raised | Court of Appeals or Supreme Court | Full appellate review for ordinary appeals; legal review for appeal by certiorari |
| Judgment of the Regional Trial Court in the exercise of appellate jurisdiction | Petition for review | Court of Appeals | Discretionary review of issues accepted by the appellate court |
| Judgment or final order of the Court of Appeals and other collegial courts when allowed | Appeal by certiorari | Supreme Court | Review generally limited to questions of law |
| Decision of many quasi-judicial agencies exercising adjudicatory functions | Petition for review under the applicable rule or special law | Usually the Court of Appeals, subject to specific statutory exceptions | Review confined to issues allowed by the governing rule or statute |
An ordinary appeal is commenced by filing a notice of appeal, and, in cases where multiple appeals are allowed or a record of proceedings must be separated, by filing a record on appeal. A petition for review is not a matter of right in the same way as an ordinary appeal; the reviewing court may deny due course if the petition fails to show reversible error, raises no substantial issue, or does not comply with procedural requirements.
An appeal by certiorari is a mode of appeal to the Supreme Court that raises questions of law. It is different from the special civil action of certiorari. The former seeks review of legal errors in a judgment; the latter attacks jurisdictional defects and grave abuse of discretion when no adequate appeal or remedy exists.
Questions of Law, Fact, and Mixed Questions
A question of law exists when the issue is what the law is on a given set of facts, or whether the lower court correctly applied or interpreted the law. A question of fact exists when the issue requires re-examination of the truth, falsity, weight, or probative value of evidence. A mixed question exists when the legal effect of facts is disputed and the facts themselves require evaluation.
The distinction controls the reviewing court and the mode of review. The Court of Appeals may review both facts and law in ordinary appeals from the Regional Trial Court. The Supreme Court, in an appeal by certiorari, generally reviews only questions of law because it is not a trier of facts.
Factual findings of trial courts are accorded respect because the trial judge directly observed the witnesses and received the evidence. Factual findings affirmed by the Court of Appeals are even more binding. Review of factual matters by the Supreme Court is exceptional and depends on recognized circumstances such as conflicting findings, findings unsupported by the record, conclusions based on speculation, or serious misapprehension of facts affecting the result.
Issues not raised in the trial court are ordinarily not reviewable on appeal. A party may not change theory for the first time on appeal because the adverse party would be denied the opportunity to meet the issue with evidence. However, appellate courts may consider jurisdictional issues, matters apparent from the record, questions necessary to resolve the assigned errors, and issues indispensable to a just decision.
Periods and Timeliness
The period to appeal is mandatory and jurisdictional in the sense that failure to appeal within the fixed period generally makes the judgment final and executory. The court may not revive a lost appeal by liberally treating an expired period as a mere technical defect, except in the rarest cases where compelling circumstances justify relaxation of the rules.
The ordinary appeal period is generally counted from notice of the judgment or final order, or from notice of the denial of a timely motion for new trial or reconsideration. A timely and proper motion for new trial or reconsideration interrupts the running of the appeal period; a prohibited, late, or pro forma motion does not.
The fresh-period doctrine gives a party a fresh period to appeal from receipt of the order denying a proper motion for new trial or reconsideration. The doctrine prevents uncertainty over the remaining balance of the original appeal period and applies in the procedural settings recognized by the Rules and jurisprudence.
| Procedural act | Usual period | Practical significance |
|---|---|---|
| Ordinary appeal by notice of appeal | Fifteen days from notice of judgment or from notice of denial of a proper post-judgment motion | Failure to file on time generally results in finality |
| Appeal requiring a record on appeal | Thirty days in cases where multiple appeals or a record on appeal is required | The record on appeal defines the matters elevated for review |
| Petition for review | Period fixed by the governing rule, commonly fifteen days subject to limited extension when allowed | The petition must persuade the reviewing court to give due course |
| Appeal by certiorari | Period fixed by the rule governing petitions to the Supreme Court | Only legal questions are ordinarily entertained |
Timeliness also includes payment of the required appellate docket and lawful fees within the period for appeal when the applicable rule requires payment. Nonpayment or late payment may warrant dismissal because the appeal is not perfected in the manner prescribed by the Rules.
Perfection of Appeal and Effects
Perfection of appeal is the procedural event that transfers the case, or the appealed portion of the case, from the control of the court that rendered judgment to the appellate process. It occurs only when the required notice, record on appeal, petition, and fees are filed or paid in the manner and within the period prescribed.
In an appeal by notice of appeal, the appeal is deemed perfected as to the appealing party upon the timely filing of the notice. The trial court loses jurisdiction over the case upon perfection of the appeals taken in due time and the expiration of the time to appeal of the other parties.
In an appeal by record on appeal, the appeal is perfected as to the appealing party, with respect to the subject matter of the appeal, upon approval of the record on appeal filed in due time. In cases of multiple appeals, the trial court may retain jurisdiction over aspects of the case not included in the perfected appeal.
Before the original record or record on appeal is transmitted, the trial court retains residual jurisdiction for limited purposes. It may issue orders for the protection and preservation of the rights of the parties, approve compromises, permit appeals by indigent litigants, order execution pending appeal when proper, and allow withdrawal of the appeal.
After perfection and transmittal, the appellate court controls the appealed matter. The lower court may not amend the judgment on the merits, receive new evidence on appealed issues, or interfere with the appellate court's review, except where the Rules or the appellate court's directives allow limited action.
Scope of Appellate Review
The appellate court reviews the judgment based on the record elevated from the lower court. It examines the evidence, pleadings, orders, and proceedings relevant to the assigned errors and to issues necessarily connected with them. It does not ordinarily receive new evidence because appeal is a review of what was litigated below.
In ordinary appeals, the appellate court may affirm, reverse, modify, or set aside the judgment, and may render the judgment that the lower court should have rendered when the record is sufficient. It may also remand when factual determination, reception of evidence, accounting, or further proceedings are necessary.
The general rule is that only errors assigned and argued are reviewed. The court may nonetheless consider unassigned errors that affect jurisdiction, are closely related to assigned errors, are plain from the record, or are necessary for a complete determination of the case. This power is used to decide the controversy correctly, not to allow a party to litigate a new case on appeal.
A party who did not appeal generally cannot obtain affirmative relief from the appellate court. The judgment may be modified in favor of a non-appealing party only when the modification is inseparable from the relief granted to the appealing party or when justice and the nature of the judgment require consistent treatment of parties similarly situated.
Effect on Execution and Finality
A perfected appeal generally stays execution of the appealed judgment because the rights of the parties remain under review. The stay protects the appellate court's authority to correct, modify, or reverse the judgment before enforcement causes consequences inconsistent with the ultimate disposition.
Execution pending appeal is exceptional. It requires good reasons stated in a special order and is subject to strict review because it permits enforcement before appellate review is completed. The mere fact that the prevailing party won below is not, by itself, a sufficient reason for immediate execution.
Certain judgments are immediately executory by rule or law, such as judgments in actions for injunction, receivership, accounting, support, and other judgments declared immediately executory. In those cases, appeal does not automatically prevent enforcement unless the court or the governing rule provides relief.
If no appeal is taken, or if the appeal is dismissed and no further review remains, the judgment becomes final and executory. At that point, the prevailing party is entitled to execution as a matter of right, and the losing party may no longer attack errors of judgment through appeal.
Dismissal, Withdrawal, and Consequences
An appeal may be dismissed for failure to take the proper mode, failure to perfect the appeal on time, nonpayment of required fees, lack of material dates in a petition, defective verification or certification when required, failure to file required briefs or memoranda, or other substantial noncompliance with the Rules.
Dismissal of an appeal has serious consequences because it may make the judgment final and executory. Courts may relax procedural rules when there is substantial compliance, absence of intent to delay, presence of a meritorious appeal, and strong demands of substantial justice, but liberality is never a license to disregard periods, modes, or jurisdictional requirements.
An appellant may withdraw the appeal before the appellate court acts on the merits, subject to the governing rules and the stage of proceedings. Withdrawal leaves the appealed judgment standing and may result in its finality as to the withdrawing party.
Appeal and review therefore operate as the principal bridge between judgment and finality. They preserve the right to judicial correction while enforcing the discipline that litigation must move through the correct court, by the correct mode, within the correct period, and on issues properly presented by the record.