Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
APPEALS
Part I. Overview
RTC (acting in its original jurisdiction) to CA, Rule 41, in relation to Rule 44
In an ordinary appeal from the final judgment or order of a metropolitan or municipal trial court
(including summary proceedings) to the regional trial court, and from the regional trial court to the
Court of Appeals in actions or proceedings originally filed in the regional trial court, the fifteen-day
period for appeal is interrupted or suspended by a motion for new trial or reconsideration, unless such
motion fails to satisfy the requirements of Rule 37 (Section 3 of Rule 41).
Neypes Ruling
To standardize the appeal periods provided in the Rules and to afford litigants fair opportunity to appeal
their cases, the Court deems it practical to allow a fresh period of 15 days within which to file the notice
of appeal in the Regional Trial Court, counted from receipt of the order dismissing a motion for a new
trial or motion for reconsideration.
Henceforth, this fresh period rule shall also apply to Rule 40 governing appeals from the Municipal
Trial Courts to the Regional Trial Courts; Rule 42 on petitions for review from the Regional Trial Courts to
the Court of Appeals; Rule 43 on appeals from quasi-judicial agencies to the Court of Appeals; and Rule
45 governing appeals by certiorari to the Supreme Court. The new rule aims to regiment or make the
appeal period uniform, to be counted from receipt of the order denying the motion for new trial, motion
for reconsideration (whether full or partial) or any final order or resolution.
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As reflected in the above-quoted portion of the decision in Neypes, the fresh period rule shall apply to
Rule 40_(appeals from the Municipal Trial Courts to the Regional Trial Courts); Rule 41 (appeals from the
Regional Trial Courts to the Court of Appeals or Supreme Court); Rule 42 (appeals from the Regional
Trial Courts to the Court of Appeals); Rule 43 (appeals from quasi-judicial agencies to the Court of
Appeals); and Rule 45 (appeals by certiorari to the Supreme Court). Obviously, these Rules cover judicial
proceedings under the 1997 Rules of Civil Procedure (not administrative cases.)
2) APPEALS IN SPECIAL PROCEEDINGS AND OTHER CASES WHEREIN MULTIPLE APPEALS ARE ALLOWED.
In an appeal in a special proceeding under Rule 109 of the Rules of Court and in other cases wherein
multiple appeals are allowed the period of appeal is thirty days, a record on appeal being required . If a
motion for new trial or reconsideration is filed and denied, the remaining period within which to file a
record on appeal may be too short and, hence, a motion for extension of time to file the record on
appeal may be granted. As the Court stated in the case of Roque vs. Gunigundo, "the thirty-day period
may be extended because, where the record is voluminous or the appellant has other pressing matters
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to attend to, it may not be practicable to submit the record on appeal within the reglementary period."
(89 SCRA 178, 183)
Rule 42
The final judgment or order of a regional trial court in an appeal from the final judgment or order of a
metropolitan trial court, municipal trial court and municipal circuit trial court, may be appealed to the
Court of Appeals through a petition for review on certiorari in accordance with Rule 42 of the Rules of
Court. The period for filing a petition for review is fifteen days. Upon proper motion and the payment of
the full amount of the docket and other lawful fees and the deposit for costs before the expiration of
the reglementary period, the Court of Appeals may grant an additional period of fifteen (15) days only
within which to file the petition for review. No further extension shall be granted except for the most
compelling reason and in no case to exceed fifteen (15) days.
Rule 43
In an appeal from quasi-judicial bodies to the Court of Appeals under Republic Act No. 5434, Appeals
shall be taken by filing a verified petition for review with the Court of Appeals, with proof of service of a
copy thereof on the adverse party and on the court or agency a quo. The original copy of the petition
intended for the Court of Appeals shall be indicated as such by the petitioner.
Upon the filing of the petition, the petitioner shall pay to the clerk of court of the Court of Appeals the
docketing and other lawful fees and deposit the sum of P500.00 for costs.
NOTE: Decisions of the Civil Service Commission on civil service disciplinary cases are appealable by this
mode
1. Decisions in Labor Cases. Decisions of the NLRC are final and executory and can only be
brought to the CA on GAD under Rule 65 after the denial of an MR.
3. Decisions of the Secretary of Agrarian Reform in ALI cases should be appealed by Cetiorari
under Rule 65 within 15.
Rule 45
In an appeal by certiorari to this Court under Rule 45 of the Rules of Court, a party may file a petition for
review on certiorari of the judgment of a Regional Trial Court (on pure question of law), Court of
Appeals, or the Sandiganbayan within fifteen days from notice of judgment or of the denial of his,
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motion for reconsideration filed in due time, and paying at the same time the corresponding docket fee
(Section 1 of Rule 45). A motion for extension of time to file a petition for review on certiorari may be
filed with the Supreme Court within the reglementary period paying at the same time the corresponding
docket fee.
Copies of the motion for extension of time and of the subsequent petition for review on certiorari must
be served on certiorari must be served on the lower court and on the adverse party.
Copies of the motion for extension of time and of the subsequent petition for review must be served on
the regional trial court and on the adverse party.
Rule 64.
A judgment or final order or resolution of the Commission on Elections and the Commission on Audit
may be brought by the aggrieved party to the Supreme Court on certiorari under Rule 65, except as
hereinafter provided. (n; Bar Matter No. 803, 17 February 1998)
The petition shall be filed within thirty (30) days from notice of the judgment or final order or resolution
sought to be reviewed. The filing of a motion for new trial or reconsideration of said judgment or final
order or resolution, if allowed under the procedural rules of the Commission concerned, shall interrupt
the period herein fixed. If the motion is denied, the aggrieved party may file the petition within the
remaining period, but which shall not be less than five (5) days in any event, reckoned from notice of
denial.
Upon the filing of the petition, the petitioner shall pay to the clerk of court the docket and other lawful
fees and deposit the amount of P500.00 for costs.
By:
Contents:
1. Parties
4. Grounds.
5. (Docket Fees)
2. Record on appeal.
RULE 41 - APPEAL FROM THE REGIONAL TRIAL COURTS TO THE COURT OF APPEALS.
Subject of appeal.An appeal may be taken from a judgment or final order that completely disposes of
the case, or of a particular matter therein when declared by these Rules to be appealable.
(b) An order denying a petition for relief or any similar motion seeking relief from judgment;
(e) An order denying a motion to set aside a judgment by consent, confession or compromise on
the ground of fraud, mistake or duress, or any other ground vitiating consent.
(g) A judgment or final order for or against one or more of several parties or in separate claims,
counterclaims, cross-claims and third-party complaints, while the main case is pending, unless the court
allows an appeal therefrom; and
In all the above instances where the judgment or final order is not appealable, the aggrieved party may
file an appropriate special civil action under Rule 65. (n)
Modes of appeal.
(a) Ordinary appeal.The appeal to the Court of Appeals in cases decided by the Regional Trial
Court in the exercise of its original jurisdiction shall be taken by filing a notice of appeal with the court
which rendered the judgment or final order appealed from and serving a copy thereof upon the adverse
party. No record on appeal shall be required except in special proceedings and other cases of multiple or
separate appeals where the law or these Rules so require. In such cases, the record -on appeal shall be
filed and served in like manner.
(b) Petition for review.The appeal to the Court of Appeals in cases decided by the Regional Trial
Court in the exercise of its appellate jurisdiction shall be by petition for review in accordance with Rule
42.
(c) Appeal by certiorari.In all cases where only questions of law are raised or involved, the
appeal shall be to the Supreme Court by petition for review on certiorari in accordance with Rule 45. (n)
1. Full names of all the parties to the proceedings shall be stated in the caption of the record on
appeal.
3. In chronological order, copies of only such pleadings, petitions, motions and all interlocutory orders
as are related to the appealed judgment or final order for the proper understanding of the issue
involved, together with such data as will show that the appeal was perfected on time.
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4. If an issue of fact is to be raised on appeal, the record on appeal shall include by reference all the
evidence, testimonial and documentary, taken upon the issue involved.
5. The reference shall specify the documentary evidence by the exhibit numbers or letters by which it
was identified when admitted or offered at the hearing, and the testimonial evidence by the names of
the corresponding witnesses.
6. If the whole testimonial and documentary evidence in the case is to be included, a statement to that
effect will be sufficient without mentioning the names of the witnesses or the numbers or letters of
exhibits.
7. Every record on appeal exceeding twenty (20) pages must contain a subject index. (6a)
1. Upon the filing of the record on appeal for approval and if no objection is filed by the appellee
within five (5) days from receipt of a copy thereof, the trial court may approve it as presented or upon
its own motion or at the instance of the appellee, may direct its amendment by the inclusion of any
omitted matters which are deemed essential to the determination of the issue of law or fact involved in
the appeal.
2. If the trial court orders the amendment of the record, the appellant, within the time limited in the
order, or such extension thereof as may be granted, or if no time is fixed by the order within ten (10)
days from receipt thereof, shall redraft the record by including therein, in their properchronological
sequence, such additional matters as the court may have directed him to incorporate, and shall
thereupon submit the redrafted record for approval, upon notice to the appellee, in like manner as the
original draft. (7a)
Joint record on appeal.Where both parties are appellants, they may file a joint record on appeal within
the time fixed by section 3 of this Rule, or that fixed by the court.
1. A partys appeal by notice of appeal is deemed perfected as to him upon the filing of the notice of
appeal in due time.
2. A partys appeal by record on appeal is deemed perfected as to him with respect to the subject
matter thereof upon the approval of the record on appeal filed in due time.
3. In appeals by notice of appeal, the court loses jurisdiction over the case upon the perfection of the
appeals filed in due time and the expiration of the time to appeal of the other parties.
4. In appeals by record on appeal, the court loses jurisdiction only over the subject matter thereof
upon the approval of the records on appeal filed in due time and the expiration of the time to appeal of
the other parties.
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5. In either case, prior to the transmittal of the original record or the record on appeal, the court
5.1. may issue orders for the protection and preservation of the rights of the parties which do not
involve any matter litigated by the appeal,
5.4. order execution pending appeal in accordance with section 2 of Rule 39, and
RULE 42 - PETITION FOR REVIEW FROM THE REGIONAL TRIAL COURTS TO THE COURT OF APPEALS
2. Paying at the same time to the CA clerk of court the corresponding docket and other lawful fees and
costs, and
3. Furnishing the Regional Trial Court and the adverse party with a copy of the petition.
4. Upon proper motion and the payment of the full amount of the docket and other lawful fees and
the deposit for costs before the expiration of the reglementary period, the Court of Appeals may grant
an additional period of fifteen (15) days only within which to file the petition for review.
5. No further extension shall be granted except for the most compelling reason and in no case to
exceed fifteen (15) days. (n)
2. With the original copy intended for the court being indicated as such by the petitioner,
3. Full names of the parties to the case, without impleading the lower courts or judges thereof either
as petitioners or respondents;
6. Issues raised,
7. Specification of errors of fact or law, or both, allegedly committed by the Regional Trial Court, and
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9. Accompanied by clearly legible duplicate originals or true copies of the judgments or final orders of
both lower courts, certified correct by the clerk of court of the Regional Trial Court, the requisite
number of plain copies thereof and of the pleadings and other material portions of the record as would
support the allegations of the petition.
13. Explanation
Action on the petition.The Court of Appeals may require the respondent to file a comment on the
petition, not a motion to dismiss, within ten (10) days from notice, or dismiss the petition if it finds the
same to be patently without merit, prosecuted manifestly for delay, or that the questions raised therein
are too unsubstantial to require consideration. (n)
1. Accompanied by certified true copies of such material portions of the record referred to therein
together with other supporting papers and
2. State whether or not he accepts the statement of matters involved in the petition;
4. State the reasons why the petition should not be given due course.
6. Affidavit of Service.
8. Explanation.
Due course.If the Court of Appeals finds prima facie that the lower court has committed an error of
fact or law that will warrant a reversal or modification of the appealed decision, it may accordingly give
due course to the petition.
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Elevation of record.Whenever the Court of Appeals deems it necessary, it may order the clerk of court
of the Regional Trial Court to elevate the original record of the case including the oral and documentary
evidence within fifteen (15) days from notice.(n)
(a) Upon the timely filing of a petition for review and the payment of the corresponding docket
and other lawful fees, the appeal is deemed perfected as to the petitioner.
The Regional Trial Court loses jurisdiction over the case upon the perfection of the appeals filed in due
time and the expiration of the time to appeal of the other parties.
However, before the Court of Appeals gives due course to the petition, the Regional Trial Court may
issue orders for the protection and preservation of the rights of the parties which do not involve any
matter litigated by the appeal, approve corn-promises, permit appeals of indigent litigants, order
execution pending appeal in accordance with section 2 of Rule 39, and allow withdrawal of the appeal.
(b) Except in civil cases decided under the Rule on Summary Procedure, the appeal shall stay the
judgment or final order unless the Court of Appeals, the law, or these Rules shall provide otherwise.
If the petition is given due course, the Court of Appeals may set the case
2. Or require the parties to submit memoranda within a period of fifteen (15) days from notice.
RULE 43 - APPEALS FROM THE COURT OF TAX APPEALS AND QUASI-JUDICIAL AGENCIES TO THE COURT
OF APPEALS
Cases not covered. Rule 43 does not apply to judgments or final orders issued under the Labor Code of
the Philippines i.e., Labor Arbiter, NLRC En Banc/Division.
3. Court of Appeals may grant an additional period of fifteen (15) days only within which to file the
petition for review.
4. No further extension shall be granted except for the most compelling reason and in no case to
exceed fifteen (15) days.
2. Proof of service of a copy thereof on the adverse party and on the court or agency a quo.
3. The original copy of the petition intended for the Court of Appeals shall be indicated as such by the
petitioner.
4. Upon the filing of the petition, the petitioner shall pay to the CA clerk of court the docketing and
other lawful fees and deposit for costs.
5. Exemption from payment of docketing and other lawful fees and the deposit for costs may be
granted by the Court of Appeals upon a verified motion setting forth valid grounds therefor. If denied,
must pay the docket fees/deposit w/in 15 days.
1. Full names of the parties to the case, without impleading the court or agencies either as petitioners
or respondents;
2. Specific material dates showing that it was filed within the period fixed herein.
4. Issues involved
6. Accompanied by a clearly legible duplicate original or a certified true copyof the award, judgment,
final order or resolution appealed from,
7. Certified true copies of such material portions of the record referred to therein and other
supporting papers;
9. Explanation
10. CD of pleading and annexes (PDF format) not yet applied as of Dec. 27, 2013.
1. Require the respondent to file a comment on the petition, not a motion to dismiss, within ten (10)
days from notice,
2.3. or that the questions raised therein are too unsubstantial to require consideration.
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1. Accompanied by clearly legible certified true copies of such material portions of the record
referred to therein together with other supporting papers.
5. Affidavit of service
6. Explanation
Due course.If the Court of Appeals finds prima facie that the court or agency concerned has
committed errors of fact or law that would warrant reversal or modification of the award, judgment,
final order or resolution sought to be reviewed, it may give due course to the petition; otherwise, it shall
dismiss the same.
Factual Findings. - The findings of fact of the court or agency concerned, when supported by substantial
evidence, shall be binding on the Court of Appeals.
Effect of appealThe appeal shall not stay the award, judgment, final order of resolution sought to be
reviewed unless the Court of Appeals shall direct otherwise upon such terms as it may deem just.
Submission for decision.If the petition is given due course, the Court of Appeals may set the case for
oral argument or require the parties to submit memoranda within a period of fifteen (15) days from
notice.
Appellants brief. Forty-five (45) days to file from receipt of notice from CA. Seven (7) copies. With
proof of service of two (2) copies thereof upon the appellee.
Appellees briefForty-five (45) days from receipt of the appellants brief. Seven (7) copies. With proof
of service of two (2) copies thereof upon the appellant.
Appellants reply brief.Twenty (20) days from receipt of the appellees brief. Answer points in the
appellees brief not covered in his main brief of appellant.
Failure of the appellant to file his memorandum within the period therefor may be a ground for
dismissal of the appeal.
Extension of time for filing briefs.Extension of time for the filing of briefs will not be allowed, except
for good and sufficient cause, and only if the motion for extension is filed before the expiration of the
time sought to be extended.
>table of cases alphabetically arranged, textbooks and statutes cited with references to the pages where
they are cited;
(f) Argument
> The authorities relied upon shall be cited by the page of the report at which the case begins and the
page of the report on which the citation is found:
(g) Relief - a specification of the order or judgment which the appellant seeks; and
(h) Appellants brief shall contain, as an appendix, a copy of the judgment or final order appealed
from.
(b) Statement of Facts - Appellee shall state that he accepts the statement of facts in the
appellants brief, or under the heading Counter-Statement of Facts, he shall point out such
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insufficiencies or inaccuracies as he believes exist in the appellants statement of facts with references
to the pages of the record in support thereof, but without repetition of matters in the appellants
statement of facts; and
(c) Argument - the appellee shall set forth his arguments in the case on each assignment of error
with page references to the record.
> The authorities relied on shall be cited by the page of the report at which the case begins and the page
of the report on which the citation is found.
Questions that may be raised on appeal.- Appellant may include in his assignment of errors any question
of law or fact that has been raised in the court below and which is within the issues framed by the
parties.
Note - He cannot raise a new issue for the first time on appeal.
Verified petition with Supreme Court. Appeal by certiorari from a judgment or final order or resolution
of
1. Court of Appeals,
2. the Sandiganbayan,
> Explanation
> IBP #, MCLE #, PTR #/date, IBP Chapter, Attys. Roll No.
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Time for filing; extension.The petition shall be filed within fifteen (15) days from notice of the
judgment or final order or resolution appealed from, or of the denial of the petitioners motion for new
trial or reconsideration filed in due time after notice of the judgment.
On motion duly filed and served, with full payment of the docket and other lawful fees and the deposit
for costs before the expiration of the reglementary period, the Supreme Court may for justifiable
reasons grant an extension of thirty (30) days only within which to file the petition.
Contents of petitionEighteen (18) copies. Original copy intended for the court being indicated as such
by the petitioner.
1. Full name of the appealing party as the petitioner and the adverse party as respondent, without
impleading the lower courts or judges thereof either as petitioners or respondents;
2. Material dates showing when notice of the judgment or final order or resolution subject thereof was
received, when a motion for new trial or reconsideration, if any, was filed and when notice of the denial
thereof was received;
5. Accompanied by:
>a clearly legible duplicate original, or a certified true copy of the judgment or final order or resolution
certified by the clerk of court of the court a quo and the requisite number of plain copies thereof,
> and such material portions of the record as would support the petition;
> payment of the docket and other lawful fees, deposit for costs,
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> The Supreme Court may on its own initiative deny the petition on the ground that
that the questions raised therein are too unsubstantial to require consideration.
Review discretionary under Rule 45.A review is not a matter of right, but of sound judicial discretion,
and will be granted only when there are special and important reasons therefor. When allowed:
(a) When the court a quo has decided a question of substance, not theretofore determined by the
Supreme Court, or has decided it in a way probably not in accord with law or with the applicable
decisions of the Supreme Court; or
(b) When the court a quo has so far departed from the accepted and usual course of judicial
proceedings, or so far sanctioned such departure by a lower court, as to call for an exercise of the power
of supervision.
1. Supreme Court may require or allow the filing of such pleadings, briefs, memoranda or documents as
it may deem necessary within such periods and under such conditions as it may consider appropriate.
2. It may impose the corresponding sanctions in case of non-filing or unauthorized filing of such
pleadings and documents or noncompliance with the conditions thereof.
Due course; elevation of records.If the petition is given due course, the Supreme Court may require
the elevation of the complete record of the case or specified parts thereof within fifteen (15) days from
notice.
To what actions applicable.This Rule shall apply to original actions for certiorari,
prohibition, mandamus and quo warranto.
Contents and filing of petition; effect of non-compliance with requirements.Thepetition shall contain
1. Full names and actual addresses of all the petitioners and respondents,
>material dates showing when notice of the judgment or final order or resolution subject thereof was
received, when a motion for new trial or reconsideration, if any, was filed and when notice of the denial
thereof was received.
7. Affid. of service
8. Original copy intended for the court indicated as such by the petitioner
9. Accompanied by:
> a clearly legible duplicate original or certified true copy of the judgment, order, resolution, or ruling
subject thereof,
10. Verification
12. Pay the corresponding docket and other lawful fees to the clerk of court and deposit the amount of
P500.00 for costs at the time of the filing of the petition.
Dismissal by minute resolution. - The failure of the petitioner to comply with any of the foregoing
requirements shall be sufficient ground for the dismissal of the petition.
Effect of failure to file comment.When no comment is filed by any of the respondents, the case may
be decided on the basis of the record, without prejudice to any disciplinary action which the court may
take against the disobedient party.
Grounds for dismissal of appealAn appeal may be dismissed by the Court of Appeals, on its own
motion or on that of the appellee, on the following grounds:
(a) Failure of the record on appeal to show on its face that the appeal was taken within the period
fixed by these Rules;
(b) Failure to file the notice of appeal or the record on appeal within the period prescribed by
these Rules;
(c) Failure of the appellant to pay the docket and other lawful fees as provided in section 4 of Rule
41;
(d) Unauthorized alterations, omissions or additions in the approved record on appeal as provided
in section 4 of Rule 44;
(e) Failure of the appellant to serve and file the required number of copies of his brief or
memorandum within the time provided by these Rules;
(f) Absence of specific assignment of errors in the appellants brief, or of page references to the
record as required in section 13, paragraphs (a), (c), (d) and (f) of Rule 44;
(g) Failure of the appellant to take the necessary steps for the correction or completion of the
record within the time limited by the court in its order;
(h) Failure of the appellant to appear at the preliminary conference under Rule 48 or to comply
with orders, circulars, or directives of the court without justifiable cause; and
(i) The fact that order or judgment appealed from is not appealable.
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1. An appeal under Rule 41 taken from the Regional Trial Court to the Court of Appeals raising only
questions of law shall be dismissed, issues purely of law not being reviewable by said court.
Use Rule 45 petition for review on certiorari directly to the SC. pure questions of law.
2. An appeal by notice of appeal instead of by petition for review from the appellate judgment of a
Regional Trial Court shall be dismissed.
3. An appeal erroneously taken to the Court of Appeals shall not be transferred to the appropriate
court but shall be dismissed outright.
A. Original Cases
2. quo warranto,
3. habeas corpus,
5. and cases affecting ambassadors, other public ministers and consuls may be filed originally in the
Supreme Court.
B. Appealed Cases
Mode of appealAn appeal to the Supreme Court may be taken only by apetition for review on
certiorari,
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2. reclusion perpetua or life imprisonment notice of appeal to the CA (not SC, PP v. Mateo).
Grounds for dismissal of appeal.The appeal may be dismissed motu proprio or on motion of the
respondent:
(c) Failure to pay the requisite docket fee and other lawful fees or to make a deposit for costs;
(d) Failure to comply with the requirements regarding proof of service and contents of and the
documents which should accompany the petition;
(e) Failure to comply with any circular, directive or order of the Supreme Court without justifiable cause;
(g) The fact that the case is not appealable to the Supreme Court.
1. Except as provided in section 3, Rule 122 regarding appeals in criminal cases where the penalty
imposed is death, reclusion perpetua or life imprisonment, an appeal taken to the Supreme Court by
notice of appeal shall be dismissed.
2. An appeal by certiorari taken to the Supreme Court from the Regional Trial Court submitting issues
of fact may be referred to the Court of Appeals for decision or appropriate action. The determination of
the Supreme Court on whether or not issues of fact are involved shall be final.
Procedure if opinion is equally divided.Where the court en banc is equally divided in opinion, or the
necessary majority cannot be had:
2. in appealed cases, the judgment or order appealed from shall stand affirmed;
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Note - Majority vote of SC Division/En Banc needed to reverse decisions and rulings of lower courts.