NOTES TO REMEMBER -o0o-

-o0oQ: Is the decision of the NLRC appealable before the CA? Because it is also a quasijudicial agency and under the law, all decisions of quasi-judicial agencies are supposed to be appealed to the CA. A: NO. The decision of the NLRC is an exception except those under the appellate jurisdiction of the SC under the Constitution and in accordance with the Labor Code (PD 422). So conclusion: NLRC decisions cannot be appealed to the CA and the only way to elevate it is to the SC by what we call certiorari, not appeal. Also, decisions of the Secretary of Labor, under the Labor Code are not reviewable by the CA, but they are reviewable directly by the SC. -o0oThe rule is, you only exclude the damages if it is a secondary claim. But if damages is the primary or only claim, you determine whether the total claim for damages is above P200,000, or equal to or less than P200,000. -o0oRule 40 Sec. 2 So the 15-day period can never be extended but the 30-day period is extendible based on jurisprudence. This is because a notice of appeal is normally a oneparagraph document. You can do that in just 5 minutes. But a record on appeal is makapal. That is why it is 30 days. Sometimes kulangin pa yung 30-day period. So you can extend it provided you file the motion for extension during the original 30day period.

-o0oRule 41
Interlocutory Order - Provisional; interim; temporary; not final; that which intervenes between the beginning and the end of a lawsuit or proceeding to either decide a particular point or matter that is not the final issue of the entire controversy or prevent irreparable harm during the pendency of the lawsuit.

Q: What orders or judgment are subject to appeal ? A: Only FINAL judgments or orders can be appealed as distinguished from interlocutory judgments or orders (paragraph [c])which are not appealable. FINAL JUDGMENT OR ORDERSthe term final has two (2) possible meanings in Civil Procedure: [1] The judgment is final in the sense that it is already executory and that happens if there is no appeal. And that is for purposes of applying Rule 39 on execution. [2] The judgment is final in the sense that it is not merely interlocutory and this is for the purpose of applying the law on appeal under Rule 41. In other words, a final order or judgment (for purposes of appeal) is one which is not merely interlocutory in the sense that it completely disposes of the case or a particular matter therein where there is nothing more for the court to do after its rendition. (Bairan vs. Tan Sui Lay, L-19460, Dec. 28, 1966) Q: On the other hand, what is an interlocutory judgment or order? A: An interlocutory order is something which does not completely dispose of the action and there is still something for the court to do after its rendition. (Olsen & Co. vs. Olsen, 48 Phil. 238; Restauro vs. Fabrica, 80 Phil. 762) Actually, the law does not prohibit a party from appealing an interlocutory judgment or order, only you cannot appeal immediately. (Abesamis vs. Garcia, 98 Phil. 762) The reasons why interlocutory orders are not appealable are to avoid multiple appeals in one civil case since the order is interlocutory and the court still continues to try the case in the course of the proceeding, the court will realize its error and the court may change its order so it will be given an opportunity to correct its own mistake. (Manila Elec. Co. vs. Artiaga, 50 Phil. 147)