Motion for Reconsideration
An appeal is a legal process where a higher court reviews a decision made by a lower court due to a perceived error by the judge. The party making the appeal is called the appellant, while the opposing party is the appellee. The higher court, which may be a court of appeals, appellate court, or supreme court, reviews the case’s record to determine if the judge’s errors need correction.
The most common appeal is a Motion for Reconsideration. It is when the party asks the judge to review and possibly change part or all of the court’s decision. This appeal can be pursued if there is new evidence, if the judge overlooked the evidence, or if there was a mistake in applying the law.
In the Philippines, motion for reconsideration must be filed within fifteen (15) days from the notice of the decision or resolution and a copy thereof shall be served on the adverse party, according to Section 2 of the Internal Rules of the Court of Appeals (IRCA). Moreover, the period of filing a motion for reconsideration is non-extendible.
What are the Modes of Appeal?
An appeal serves to review any legal mistakes made by a court that has jurisdiction over the case and the parties involved, or any errors in judgment made within its jurisdiction. Therefore, it is important for the petitioners and their legal representatives to be aware of the various methods for appealing the adverse decision of the Regional Trial Court. These methods are clearly outlined in the Rules of Court and have been explicitly stated in Section 2 of Rule 41 of the Rules of Court since July 1, 1997:
- Ordinary appeal. This type of appeal is applicable in cases where the Regional Trial Court has made a decision in the exercise of its original jurisdiction. It is initiated by filing a notice of appeal with the court that issued the judgment or final order being appealed, and serving a copy of it to the opposing party. Except in special proceedings and certain cases involving multiple or separate appeals as required by law or the Rules, no record of appeal is needed. However, in such cases, the record on appeal must be filed and served in a similar manner.
- Petition for review. In cases where the Regional Trial Court has made a decision in the exercise of its appellate jurisdiction, the appeal to the Court of Appeals is done through a petition for review in accordance with Rule 42.
- Appeal by certiorari. When only legal questions are raised or involved in a case, the appeal is made to the Supreme Court through a petition for review on certiorari, as per Rule 45.
What are the Grounds for Filing a Motion for Reconsideration?
As stated in Section 2 of Rule 14 of the 2017 Revised Rules and Regulations in Administrative Investigations, an individual may file a Motion of Reconsideration depending on the considered factors, which are the following:
- Fraud, accident, mistake, or excusable negligence beyond the control of a prudent individual, resulting in probable impairment of the rights of the affected party;
- Recently discovered evidence with reasonable diligence have discovered and produced at the hearing, which if presented would probably alter the results thereof; or
- Imposition of an overly harsh penalty, lack of sufficient evidence to support the decision, or the decision is against the law or not in accordance with the facts presented.
Furthermore, a request to extend the deadline for filing a motion for reconsideration shall not be permitted. A second motion for reconsideration shall also not be granted.
How to File a Motion for Reconsideration?
In accordance with Section 2 of Rule 45 of the Rules of Court issued by the Supreme Court of the Philippines, the petition must contain a brief summary of the issues involved, the errors pointed out in the lower court, and the grounds relied upon for the petition’s approval. It must also include an authentic copy of the judgment under review, along with twelve (12) copies of the record on appeal, if available, and of the petitioner’s brief submitted in the Court of Appeals. A verified statement indicating the date of receipt of the judgment notice and any denial of a motion for reconsideration, if applicable, should accompany the petition. Only legal issues may be raised in the petition and must be clearly stated. If no record of appeal has been lodged in the Court of Appeals, the Supreme Court clerk, upon accepting the petition, shall request the Court of Appeals to forward the entire case record. The appellant must also pay the motion for reconsideration fee of PHP500.00. However, indigent litigants, the Republic of the Philippines, its agencies, and instrumentalities other than the government owned and controlled corporation, are exempt from the payment and legal fees.
What to Consider When Filing a Motion for Reconsideration?
In the Philippines, filing a motion for reconsideration is a legal remedy when a party disagrees with a court’s decision. Before taking some actions, it is crucial to consult with a lawyer or law firm. They could provide legal assistance and advice whether filing a motion for reconsideration is the right course of action on your case. You must also carefully examine the court’s decision leading to the dismissal of your case and identify any specific points or legal arguments that you think were overlooked. Additionally, if you have documents or evidence supporting your arguments, ensure to include them with your appeal to increase your chances of success to change the previous decision. More importantly, be prepared to present your arguments and address any questions from the judge, if there are any hearings required for you to attend.
Need further information and assistance regarding Motion for Reconsideration in the Philippines? Talk to our team at Duran & Duran-Schulze Law to know more about the requirements and process. Call us today at (+632) 8478 5826 or +63 917 194 0482, or send an email to info@duranschulze.com for more information.
