25. Discuss the importance of selecting the proper or correct remedy against a judgment or final order.

Like a petition for relief, an action for the annulment of a judgment is recourse equitable in character, allowed only in exceptional cases as where there is no available or adequate remedy. It is important to elect the proper remedy because an action for annulment of a judgment may no longer be invoked where the party has availed himself of the remedy of new trial, appeal, petition for relief, or other appropriate remedy and lost or where he has failed to avail himself to those remedies through his fault or negligence. The remedies are exclusive of each other (Francisco vs. Puno 108 scra 427).

26. Discuss the fresh period rule or the neypes ruling.

A party litigant may either file his notice of appeal within 15 days from receipt of the RTC’s decision or file it within 15 days from receipt of the order denying his motion for new trial or motion for reconsideration (neypes vs. ca, G.R. 141524)

27. Is non-payment of correct docket fee a ground for dismissal of an appeal? Discuss.

As a general rule, payment of appellate court docket fees is jurisdictional. Failure to do so is a ground for dismissal of appeal.

However, non-payment of docket fees does not automatically result in dismissal of appeal, the dismissal being discretionary in the court if there are justifications for non-payment (Fontanar vs. Bonsubre, G.R. 56315)

28. Discuss the remedy that may be availed of from decisions of the department heads, agencies and instrumentalities involving disciplinary action against its employees that are final and inappealable and the decisions of such bodies which are appealable.

The decisions of the department heads, agencies and instrumentalities involving disciplinary actions against its employees that are final and appealable are appealable to the Court of Appeals under Rule 43 of the Rules of court. The decisions that are inappealable may be appealed to the Supreme Court under Rule 65 of the same Rule.

29. Under what Rule or jurisdiction can the court of appeals take cognizance over judgments of the Secretary of Justice?

Under B.P. 129 the Court of Appeals has concurrent and original jurisdiction with the Supreme Court to issue writs of certiorari, prohibition and mandamus against the …….. (d) Other quasi-judicial agencies mentioned in Rule 43 of the Rules of Court.

Notably, Section 1, supra, of Rule 43 includes the Office of the President in the agencies named therein; thereby accentuating the fact that appeals from rulings of department heads must first be taken to and resolved by that office before any appellate recourse may be resorted to (Orosa vs. Roa, G.R. 140423)

30. In what court should a petition for relief from judgment be filed?

Under the present Rules, petition for relief from a judgment, final order or other proceedings rendered or taken should be filed and resolved by the court in the same case from which the petition arose (Redena vs. CA, G.R. 146611).