APPEALS

RULE 40 APPEAL FROM MTC TO RTC

APPEAL DECISION OF MTC: FILE NOTICE OF APPEAL AND PAY APPELLATE DOCKET FEE IN THE SAME MTC WITHIN 15 DAYS FROM RECEIPT OF JUDGENT OR 30 DAYS FOR RECORD ON APPEAL

15 DAYS FROM PERPECTION OF APPEAL MTC CLERK TRANSMIT TO RTC

SEC. 7. CLERK OF RTC SHALL NOTIFY THE PARTIES W/N 15/30 DAYS FROM NOTICE OF APPEAL OR RECORD ON APPEAL

APPELLANT SUBMITS MEMORANDUM TO RTC IF UNCONTESTED JUDGMENT IS ENTERED IN BOOK OF ENTRIES

APPELLEE FILES HIS OWN MEMORANDUM 15/30 DAYS FROM APPELLANTS MEMORANDUM ANY PARTY MAY APPEAL BY FILING A PETITION FOR REVIEW WITH CA

REVERSE/REMAND THE CASE FOR FURTHER PROCEEDINS SEC. 8

AFFIRM : IF GROUND OF DISMISSAL IS LACK OF JURISDICTION SEC. 8

RTC WILL ORDER MTC TO CONDUCT TRIAL

THE RTC WILL NOT DISMISS THE CASE BUT ASSUME JURISDICTIONON ON THE MERITS AS IF THE CASE WAS ORIGINALLY FILED IN THE RTC.

APPELLANT APPEALED TO THE RTC APPELLANT APPEALED TO THE RTC MTC DISMISSED THE CASE W/O TRIAL EVEN THOUGH IT HAS JURISDICTION

LACK OF JURISDICTION, MTC DISMISSED

APPEALS
RULE 41 APPEAL FROM RTC TO CA

SEC.1. SUBJECT OF APPEALS.

AN APPEAL MAY BE TAKEN BY JUDGMENT OR ORDER THAT COMPLETELY DISPOSES THE CASE OR OF THE PARTICULAR MATTERS THEREIN WHEN DECLARED BY THESE RULES TO BE APPEALABLE.

NO APPEAL MAY BE TAKEN FROM:

(A) ORDER DENYING MNT/MR

APPEAL WITHIN 15 DAYS FROM RECIEPT OF JUDGMENT

WAIT FOR FINAL JUDGMENT IN ORDER TO APPEAL (SEC. 9, RULE 37)

SEC. 9. RULE 37. AN ORDER DENYING A MNT/MR ARE NOT APPEALABLE,THE REMEDY BEING AN APPEAL FROM JUDGMENT OR FINAL ORDER

MOTION FOR RECON/MOTION FOR NEW TRIAL(DENIED)

(B) AN ORDER DENYING PETITION FOR RELIEF OR ANY MOTION SEEKING RELIEF FROM JUDGMENT
NOT APPEALABLE, REMEDY APPROPRIATE CIVIL ACTION UNDER RULE 65

D. AN ORDER DIS ALLOWING OR DISMISSING AN APPEAL F. ORDER OF EXECUTION ( SEC. 8, RULE 39. NOT APPEALABLE)
H. DISMISSAL W/O PREJUDICE (SEC.5, RULE 16)

AN ORDER DENYING PETION FOR RELIEF OR ANY MOTION SEEKING RELIEF FROM JUDGEMENT AFTER FINAL JUDGMENT, W/IN 60 DAYS FROM KNOWLEDGE OF JUDGMENT AND W/IN 6 MONTHS FROM ENTRY OF JUDGMENT. (PETITION FOR RELIEF OF JUDGMENT) GROUNDS (FAME) SEC. 3, RULE 38

ANNULMENT OF JUDGMENT RULE 47 G. JUDGMENT OF FINAL ORDER OR AGAINST ONE OR MORE SEVERAL PARTIES IN CROSS-CLAIM, COUNTERCLAIM AND THIRD PARTY COMPLAINT (RULE.36)

E. AN ORDER DENYING A MOTION TO SET ASIDE A JUDGEMENT BY CONSENT, CONFESSION OR COMPROMISE ON THE GROUNDS OF FAME OR ANY VITIATING CONSENT (NOT APPEALABLE)
IT HAS EXCLUSIVE ORIGINAL JURISDICTION OVER THE ACTION SEC. 9(2) BP 129
FILE ANNULMENT OF JUDGMENT TO CA

THE RTC AS COURT GENERAL DISCRETION SEC. 19(6) BP. 129

RULE 47 GROUNDS EX-FRAUD LOJ

FILE ANNULMENT OF JUDGMENT TO RTC FROM MTC JUDGMENT, ORDERS OR RESOLUTION

FROM RTC JUDGMENT, ORDERS OR RESOLUTION

AN ORDER DENYING A MOTION TO SET ASIDE A JUDGEMNT

MODES OF APPEAL (SEC. 2)

ORDINARY APPEAL RULE 41
PETITION FOR REVIEW RULE 42
PETITION FOR REVIEW ON CERTIORARI RULE 45

DECIDED BY RTC IN ITS ORIGINAL JURISDICTION, APPEAL TO CA

DECIDED BY THE RTC IN ITS APPELLATE JURISDICTION, PETITION FOR REVIEW W/ THE CA

CASES DECIDED BY THE RTC, CA, CTA AND SANDIGANBAYAN APPEALED TO THE SC FILE A VERIFIED PETITION FOR REVIEW ON CERTITIORARI TO THE SC, PAY DOCKET FEE, P 500.00, SUBMIT PROOF OF SERVICE OF COPY TO THE LOWER COURTS & ADVERSE PARTY W/N 15 DAYS FROM NOTICE OF JUDGMENT OR ORDER OF DENIAL OF THE MR OR MNT.
NOTE: SEC.2, RULE 45. THE SC MAY FOR JUSTIFIABLE REASONS GRANT AN EXTENSION FOR 30 DAYS ONLY W/N WHICH TO FILE THE PETITION

FILE NOTICE OF APPEAL OR RECORD OF APPEAL W/N RTC(ORIGINAL JURISDICTION

W/N 15 DAYS FROM NOTICE OF JUDGMENT FOR NOTICE OF APPEAL AND 30 DAYS FOR RECORD ON APPEAL

FILE A VERIFIED PETITION FOR REVIEW IN CA, PAY DOCKET FEE, P 500.00 AS DEPOSIT OF COST AND FURNISH RTC AND PARTY

W/N 15 DAYS FROM RTC DECISION OR FROM THE DENIAL OF MNT/MR.

NOTE: SEC. 1, RULE 42. PETITION FOR REVIEW IS EXTENDABLE PROVIDED U PAY DOCKET FEE OR ANOTHER POSIBLE EXTENSION FOR COMPELLING REASON (15+15=30)

NOTE: SEC. 2, RULE 22. THE DAY OF INTERRUPTION SHALL BE EXCLUDED.

ORDINARY APPEALED CASES (RULE 41 AND RULE 44)

NOTE: SEC.12, EXT ENTION OF FILING BRIEF IS NOT ALLOWED,EXCEPT GOOD AND SUFFICIENT CAUSE.

COURT OF APPEAL (APPELLATE JURISDICTION) W/N 20 DAYS APPELLANTS BRIEF REPLY (SEC.9)

W/IN 15 DAYS AFTER JUDGMENT (RTC) FILE NOTICE OF APPEAL

FILED IN RTC RULE 41 (ORIGINAL JURISDICTION)

APPELLANT W/N 45 DAYS, FROM RECEIPT OF NOTICE APPELLANT BRIEF SEC.7 RULE 44

W/N 45 DAYS, APPELLEES BRIEF, FROM RECEIPT OF APPELANTS BRIEF

ORIGINAL CASES (RULE 46)

COURT OF APPEAL

RULE 47 ANNULMENT OF JUDGMENT GROUNDS EXTRINSIC FRAUD AND LOJ

RULE 65 C,P, & MANDAMUS GROUNDS RESPONDENTS ACTED W/O OR IN EXCESS OF ITS JURISDICTION OR ACTED W/ GAD

RULE 66 QUO WARRANTO GROUNDS USURPATION,FORFEITURE AND ILLEGAL ASSOC.

MTC

RTC AFTER JUDGMENT

DISMISSAL OF APPEAL BEFORE CA RULE 50

(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 5 of Rule 40 and 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 the order or judgment appealed from is not appealable. (1a; En Banc Resolution, Feb. 17, 1998)

GROUNDS FOR DISMISSAL OF APPEAL BEFORE SC (RULE 56 & RULE 45)

Section 5. Grounds for dismissal of appeal.- The appeal may be dismissed motu propio or on motion of the respondent on the following grounds: a. Failure to take the appeal within the reglementary period; b. Lack of merit in the petition; 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; f. Error in the choice of mode of appeal; and g. The fact that the case is not appealable to the Supreme Court.

PROVISIONAL REMEDIES

ARE REMEDIES WHICH ARE TEMPORARY AND DEFINED BY SC, IT IS LITIGANTS PRESERVATION AND PROTECTION OF THEIR RIGHTS AND INTEREST AND FOR NO OTHER PURPOSE, DURING THE PENDENCY OF THE CASE.

PRELIMINARY ATTACHEMENT