MTC to RTC

Rule 40
MTC to RTC
A judgment/ final order of MTC
is appealable to RTC

by notice of appeal of the decision of RTC

in the exercise of its ORIGINAL jurisdiction

case title remains

designation of parties
appellant -party appealing
adverse-party appellee
Questions of F/L/M
When

notice of appeal
15 days after notice

RTC(O) to CA
Rule 41
Ordinary Appeal

Q.
record on appeal
30 days after notice
BUT period can be
interrupted by
MR
MNT
Though no motion
to extend time for
its filing is allowed

Fresh period

fact
mixed questions of Law and Fact

Notice of appeal
15 days from notice of
judgment

Record on appeal
30 days
BUT period can be
interrupted by
MR
MNT
Though no motion
to extend time for
its filing is allowed
- HABEAS CORPUS - period is 48 hours from notice of J/FO
Fresh period

RTC (A) to CA
Rule 42
Petition for Review
appeal to the CA
J/FO of RTC APPELLATE Jurisdiction

Petition for Review on Certiorari

to SC

-verified petition

-verfied pertion
questions judgment of
CA. SB, RTC, other Courts
pure questions of Law

Q. Fact or Mixed Q F&L

but not Q Law only
15 days from notice of decision sought to be reviewed
or denial of MNT or MR
-CA may grant extension for 15 days
No further extension can be given unless
for the most compelling reason,
but in no case to exceed 15 days

-allows a party intending to appeal another 15 days

from receipt of an order denying MR/MNT
to file an appeal

How

When
perfected

indicating
parties,
J/ FO appealed from
statement of material dates
showing timeliness of appeal

upo filing of notice in due time

-Court loses jurisdiction
upon perfecrtion and
expiration of the time of
appeal

in special proceedings or cases allowing for multiple

appeals
a) Full name of the partirs
including the J/FO from
which appeal is taken
b) copies of all
pleadings,
motions,
interlocutory orders
-as related to the appealed
judgment
-for proper understanding
of the issue
-in chronological order
c) Date to show that appeal
was filed on time
d) issue of fact: reference to
documentary evi
-exb no. or letters
testimonial evi
-name of wit
(if whole is included,
statement to such effect
is sufficient)
e) subject index - if more than
20 pages
upon approval of the record
on apeeal filed in due time
-Court loses jurisdiction
upon perfecrtion and
expiration of the time of
appeal
APPROVAL of ROA
within 5 days from receipt
approve it
order its amendment (Sec 7)
if no
motu pro pio
objection
upon motion
is filed
-amendment by the inclusion
by the
of omitted matters
appellee
which are deemed essential
to the determination of the issue
of law or facts involved
in the appeal
-Appellant must comply
within the period stated,
any extension granted or
10 days (if no time is fixed)
-submitting redrafted record
for the approval of court
Joint record on appeal
may be filed where both parites are appellants

This is power is known as RESIDUAL JURISDICTION

In either case, prior to transmittal of the records, the court may issue orders:
(a) protection and preservation of the rights of the parties not involving any matter
litigated by the appeal

same as Rule 40

RTC, CA, SB, to SC

Rule 45
Appeal by Certiorari / PRC

15 days from notice of J/FO or resolution

or of Petition's denial of MNT/ MR
- SC may grant extension of 30 days
on justifiable reasons
GR: Questions of LAW only
Q. LAW
-one that requires interp
or application of law
- doubt or difference arises
as to what the law is pertaining to
a state of facts

Q. FACT
-resolution of a
factual dispute
- doubt arises
as to the truth or falsity of
alleged facts

a) full names of parites, WITHOUT impleading

the lower ourt/judge
b) specific material dates (filed on time
c) statements of matters, issues,
specification of error on fact/law and
reasons/arguments relied upon
d) accompanied by clearly legigble
duplicate copies or true copies of judgment
of lower court
e) certification against forum shopping/
verification

a) full names of parites, WITHOUT impleading

the lower ourt/judge
b) indicate material dates
c) concise statements of matters involved and
reasons/arguments relid ipon
d) clearly legible copies of judgment
or final order/ reconsideration or
certified true copies
other material porion supporting the record
e) Certificate agains forum shopping and
verification

-upon timely filing of the petition and

payment of Docket Feess
-Court loses jurisdiction
upon perfecrtion and
expiration of the time of
appeal

GR: only Questions of Law may be raised in PR

XPT:
1) conclusion is a finding grounded entirely on
speculation, surmises, or conjectures;
2) inference made is manifestly mistaken,
absurd, or impossible
3) grave abuse of discretion
4) judgment is based on misaapprehension of
facts
5) CA, in making its findins, went beyond the
issue of the case and the same is contrary
to the admissions of the Appellant and
Apellee
6) findings of CA are contrary to those of
trial courts
7) finding of facts are conclusions without
citations of specific evidence on which
they are based
8) facts set forth in the pet as well as in
petitioner's main and reply briefs are not
disiputed by the respondents
9) finding of fact of CA is premised on
supposed absence of evidence but
is contradicted by evi on record
10) CA manifestly overlook certain facts
not disputed by parties and which, if
properly considered, would justify a
different conclusion

GR: Appeal shall STAY the judgment/FO

XPT:
1) Cases covered by Summary Pro
2) Rules provide otherwise

Prior to transmittal of record / recprd on appeal,

the RTC may, motu pro pio or on motion to dismiss:

Residual jurisdiction until the same

has been given DUE COURSE

a) appeal having been taken out of time;

-DUE COURSE

RTC(CC) to CA
Rule 43
Petition for Review
appeals frim CTA
other quasi-judicial agencies
RTC as commercial court
to CA
not applicable to J/FO
under Labor Code
Q - F/L/M

15 days from notice or

from date of its last publication,
if publication is required by law
for its effectivity or
df the denial of MNT / MR
- only 1 MR is allowed
-CA may grant extension for 15 days
No further extension can be given unless
for the most compelling reason,
but in no case to exceed 15 days

procedural matters and reqs:

similar to RULE 42 (PR)
except: appeal under Rule 43 will
NOT STAY the award, J/FO/R
unless CA deems otherwis

(b) approve compromises

(c) permit appeals of indigent litigants
(d) order execution pending appeal (e)
(e) allow withdrawal of appeal.550

b) non payment of docket and other lawful fees

within reglementary period
[if transmitted already, CA may dismiss)

Dokcet Fees/ Other fees

-paid to the clerk of court
that rendered the judgment
-proof of payment, transmitted with the records
-Late payment may be admitted
party shows willingess to abide by the Rules
six days after filing notice of appeal
and beyond the periof for perfercting an appeal
-No dismissal of appeal, when delay in the payment of DF was
not due to a desire to delay or defeat the ends of justice
late payment which chauses no prejudice to anyone

- shall be paid to the COC

that rendered the judgment

-FAILURE to pay is a ground for dismissal

Transmital
Duty of COC
within 15 days from perfection
NA/ ROA is transmitted by COC
together with transcripts/exhibits
COC will certify as complete
copy is furnished to parties

Duty of COC
within 30 days from perfection
a) verify correctness of the original record /record on
appeal and make a certification as to correctness
b) verify completeness of records transmitted
to appellate court
c) If incomplete, take necessary measures as may be
required to complete records, availing of the authority
that he or the court may exercise for this purpose
d) transmit the records to the appellate court
e) then furnish parties the transmital

Once transmitted
to RTC
Duty of Parties
Appellant
-15 days from notice
-shall submit a memorandum
briefly discusing errors
imputed by the lower court
-copy furnished the adverse
adverse party
-Failure to file by appellant
ground for dismissal
of the appeal

Appellee
-15 days from receipt of
appelants memorandum
-may file his own memorandum

RTC may
affirm
MTC is correct
-ground of dismissal is lack of jurisdiction
-RTC (if it has jursidcition)
shall try the case on the merits
as if the case was originally filed with it
(Trial is needed)

reversal
MTC is wrong
-remanded back for further proceedings

Transcipts must be transcribed and

transmittal to include proof of payment
of docket fees

Records are not transmitted within 30 days

Remedy: either party may file a motion with RTC, with notice to the other, for transmittal
to CA
COC of CA
-shall docket the case and notify the parties
Appellant
-if by Record on Appeal
- w/in 10 days from notice
-file with COC
7 clearly legible copies of approved ROA and
proof service to adverse party of 2 copies
- Any unauthorized aletration, omission or addition
shall be ground for dismissal
- Appellant;s Brief

Upon Filing or expiration

-the case is submitted for decision
on the basis of the record in the MTC and
the memoranda submitted by the parties

If appeal is taken
Lower Court (MTC) dismissed the case
without trial on the merits

IF efforts to complete fail:

it shall be indicated in the letter of
transmittal:
-which exhibits/transcripts are
not included
-resasons why they are not transmitted
- the steps taken to make them available

tried on the merits

without jurisdiction
RTC ( if it has original jurisdiction
-shall not dismiss the case
-but shall decide the case
in accordance with Sec 7(ROA),
w/o prejudice to the admisission
of amended pleadings and
additional evidence
in the interest of justice
(No trial is needed)

- 45 days from notice

-7 copies of brief
-2 copies of proof servie to adverse party
(Several parties
1 counsel repesent 1 or more - not all may be served
several counsel/ 1 party- service may be made on any one of them
Contentst:
1) subject index
2) assignment of errors
3) statement of the case
4) statement of the facts
5) statement of the issues
6) arguments
7) relief
8) if not by record on appeal, an appendix,
copy of J/FO appealed

GR: No extention of time to file Briefs is allowed

XPT: for good and sufficient cause,
and only if filed before the expiration of time sought to be extended
In Lieu of Briefs:
MEMORANDA is required in
Certiorari, prohibition, manadmus
quo qarranto, habeas corpus
-within a non-extendible period of 30 days from notice
that all evidence is attached to the record
Failure to file memoranda is ground to dismiss the appeal

Appellee's Brief
-45 days from receipt of
appellant's brief
-7 copies of brief
-2 copies of PS to adverse

1) subject index
2) statement of facts,
either a statement of
acceptance or
counter-statement of facts
3) Arguments
4) Reply Bried may be filed
by appellant within 20 days
from receipt of Appellee's
Brief

Once Filed: CA may

a) Require the respondent to file a
COMMENT, not a MD, within 10 days from notice
b) Dismiss the petition
- if found patently
without merit,
prosecuted manifestly for delay, or
questions raised therin are too unsubstantial
to require consideration
COMMENT
- filed in 7 copies
-accompanied by certified true copies of
such MATERIAL PORTIONS OF THE RECORD and
OTHER SUPPORTING DOCUMENTS stating:
a) Statements of WON he accepts the
statement of matters
b) Point out the insufficiencies/inaccuracies
c) State REASONS why it should not be given
due course.
Copy must be served on adverse party
GIVEN DUE COURSE when
upon filing of the comment or
expiration of period to file,
CA finds PRIMA FACIE that the lower court
has committed error of fact/law
that will warrant a reversal /dismissal.
CONSEQUENTLY, if deems necssary,
CA will order the elevation by COC of RTC
of the entire record withing 15 days
CA may set it for
oral argument or
require memeoranda
within 15 days from notice
IT is SUBMITTED FOR DECISION
after the filing of last pleading or mermorandum

UPON Filing; SC may

Dismiss
1) failute to comply
with requirements
regarding:
payment
proof of serv
contents/docs
2) on its own initiative
because it is
without merit
prosecuted for delay or
issues are too unsubstantial
to require consideration

Allow Review
not a matter of right
but is discretionary,
when there are special/
impt reasins therefore:
Examples:
1) Lower court decided not
determined by SC or
LC decided in a way not in
accord w/ Law or applicable
decisions of SC
2) LC has so far departed
from the accepted and
usual course of judicial
proceedings,
as to call for an exercise
of the power of
SUPERVISION

IF DUE COURSE, SC can:

1) Require elevation of records or
specified portion thereof,
within 15 days from notice
2) Require filing of
pleadings,
briefs,
memornda
documents
within periods / conditions it may
consider appropriate and
impose sanctions for non-filing /
noncompliance or unauthorize filing