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All Jurisprudence based

0 tracked cards Commercial and Taxation Laws

A civil action for collection of money arising from a commercial contract is decided by an RTC in favor of the plaintiff. The defendant, being aggrieved, files a notice of appeal to the Court of Appeals. The plaintiff moves for stay of enforcement; the trial court allows enforcement to proceed pending appeal. (a) Who may appeal from the RTC judgment, and why? (b) How is the appeal perfected, and what must the record on appeal contain? (c) What is the effect of the appeal on enforcement, and under what conditions can a stay of execution be granted or denied?

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Who may appeal: Only the party that lost below may initiate an appeal, while the winning party cannot appeal on the merits. Who may appeal: A party aggrieved by a final RTC judgment or final order may appeal to the Court of Appeals; a cross-appeal by the other party on issues raised is allowed; the government may appeal when authorized by statute; Mode of appeal: The appeal is perfected by filing a notice of appeal with the RTC within the period fixed by the Rules of Court; the record on appeal must include the final judgment or order appealed from, the pleadings, the evidence admitted at trial (including the documentary exhibits), the transcript of stenographic notes (or its equivalent), and the docket entries; Effect on enforcement: An appeal does not automatically stay enforcement; To obtain a stay pending appeal, the appellant must file a motion for stay and post a supersedeas bond or deposit the amount of the judgment with the trial court; The stay is discretionary and granted by the appellate court upon showing likelihood of success on the merits and absence of irreparable injury. Record on appeal: The record on appeal must include only those documents designated in the notice of appeal and does not require the trial transcript if no trial occurred. Cross-appeals: A cross-appeal is not allowed against a monetary judgment.

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