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APPEAL
RULES 40 43

ISSUES RULE 40 RULE 41 RULE 42 RULE 43
Governing
Rules/Applica-
bility of Rules
For appeal from a judgment
or final order of an MTC
(Sec 1)

The provisions in Rule 41
shall apply herein as far as
they are not inconsistent
with this Rule (Sec 9)

Against a judgment or final
order that completely
disposes of the case or a
particular matter (Sec 1)

Against judgment of the
RTC in the exercise of its
original jurisdiction (Sec
2)

Modes of Appeal from an
RTC decision (Sec 2) :
1. Ordinary Appeal in
accordance with Rule
41 (for proceedings in
the RTC) and Rule 44 (
for proceedings in the
CA)
a. Against decision of the
RTC in the exercise of
its original jurisdiction
b. Filed via notice of
appeal with court that
rendered the judgment
or final order and
serving notice to
adverse party
c. Record on appeal onl
in special proceedings
and other cases of
multiple or separate
appeals


On decisions of the RTC
rendered in the exercise
of its appellate
jurisdiction (Sec 1)
On awards, judgments,
final orders or resolutions
of or authorized by any
quas-judicial agency in the
exercise of its quasi-
judicial functions (Sec 1)
such as:
1. Civil Services
commission
2. Central Board of
Assessment Appeals
3. SEC
4. Office of the President
5. Land Registration
Authority
6. Social Security
Commission
7. Civil Aeronautics
Board,
8. Bureau of Patents,
Trademarks and
Technology Transfer
9. National Electrification
Administration
10. Energy Regulatory
Board
11. National
Telecommunications
Commission
12. Department of
Agrarian Reform
under Republic Act
No. 6657

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2. Petition for Review in
accordance with Rule
42 against cases
decided by RTC in the
exercise of its appellate
jurisdiction

3. Appeal by Certiorari
(Rule 45) :
a. Only where questions
of law are raised or
involved
b. Shall be to the SC by
petition for review on
certiorari


13. Government Service
Insurance System
14. Employees
Compensation
Commission
15. Agricultural Inventions
Board
16. Insurance
Commission
17. Philippine Atomic
Energy Commission
18. Board of Investments
19. Construction Industry
Arbitration
Commission, and
20. Voluntary arbitrators
authorized by law.
Shall not apply to
judgments or final orders
issued under the Labor
Code (Sec 2)
Court where
such appeal is
adjudicated
RTC exercising jurisdiction
over the area to which the
MTC pertains (Sec 1)

Court of Appeals

Court of Appeals Court of Appeals (Sec 3)
Shall be taken to the CA
within the period and in
the manner provided by
the Rules, whether the
appeal involves questions
of :
a. fact, or
b. law or
c. mixed questions of
fact or law
Title of the case Shall remain as it was in the
court of origin (Sec 1)
Parties (Sec 1) :
1. Appellant party
appealing
2. Appellee adverse party



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Period to
appeal
2 ways (Sec 2) :
1. Notice of appeal - within
15 days after notice of
judgment or final order
2. Record on appeal
within 30 days after
notice of judgment or
final order
The period of appeal shall
be interrupted by a timely
motion for new trial or
reconsideration (Sec 2)
No motion for extension of
time to file a motion for new
trial or reconsideration shall
be allowed. (Sec 2)

2 ways (Sec 3) :
1. Notice of appeal - within
15 days after notice of
judgment or final order
2. Record on appeal
within 30 days after
notice of judgment or
final order
The period of appeal shall
be interrupted by a timely
motion for new trial or
reconsideration (Sec 3)
No motion for extension of
time to file a motion for
new trial or reconsideration
shall be allowed. (Sec 3)
Petition shall be filed
and served within 15
days from notice of the
decision or the denial of
the motion for new trial
or reconsideration filed
in due time after
judgment (Sec 1)
Extension period CA
may grant 15 days,
upon proper motion and
payment in full of docket
& other lawful fees and
deposits before
expiration of period to
appeal (Sec 1)
2
nd
Extension none
shall be granted except
for the most compelling
reasons and not to
exceed 15 days (Sec 1)

Sec 14
Within 15 days from notice
of the award, judgment,
final order or resolution or
denial of motion for new
trial or reconsideration
Only 1 motion for
reconsideration is allowed
CA may grant extension of
15 days upon proper
motion and full paymet of
docket fee before
expiration of reglamentary
period
No further extension
granted except for the
most compelling reason
and in no case to exceed
15 days.
How to appeal FILING
A. By Notice of Appeal (Sec
3)
To be filed with the
court that rendered
the judgment or final
order
Shall indicate:
a. Parties to the appeal
b. Judgment or final
order or part thereof
appealed from
c. Material dates
showing the
timeliness of the
appeal
B. By record on appeal (Sec
3) :
FILING
1. Notice of appeal within
15 days from notice of
judgment (Sec 3) - shall
specify (Sec 5):
parties to the appeal
judgment or final order
appealed from
the court to which the
appeal is taken
material dates showing
timeliness of the
appeal

2. Record on appeal
within 30 days from
record on appeal

FILING
Requisites (Sec 1):
1. Verified petition for
review with the CA
2. Pay to clerk of court
docket and lawful
fees and P500 for
costs
3. Furnish the RTC and
the adverse party
with a copy of the
petition
Form/Contents(Sec 2)
1. Petition shall be filed in 7
copies with the original
copy indicated as such


FILING
Requisites (Sec 5)
1. Verified petition for
review in 7 copies with
the CA
2. Proof of service of copy
to adverse party and on
court or agency a quo
3. Original copy for CA to
be indicated as such
4. Pay to clerk of court of
CA docket and lawful
fees and deposit of
P500 : exemption may
be granted by CA
upon a verified motion
with valid grounds
therefor; if denied,
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Shall be required only
in:
a. Special
proceedings
b. Other cases of
multiple or separate
appeals
Form and contents shall
be provided in Sec 6,
Rule 41
C. Copies of the notice of
appeal / record on appeal
shall be served on the
adverse party

PERFECTION OF APPEAL
(Sec 4)
Shall be governed by Sec
9, Rule 41

DOCKET & LAWFUL FEES
(Sec 5)
Appellant shall pay to the
clerk of court which
rendered the appealed
judgment shall pay in full,
within the period for taking
an appeal
Proof of payment shall be
transmitted to the
appellate court with the
original record or record on
appeal



a. Form and Contents
(Sec 6)
i. Full names of all
parties stated in the
caption of the record
on appeal
ii. Shall include :
judgment or final
order appealed
from
copies of such
related pleadings,
petitions, motions &
interlocutory orders
data that will show
that appeal was
perfected on time
iii. If issue of fact is
raised, shall include:
By reference, all
testimonial
evidence by exhibit
numbers or letters
and documentary
evidence by names
of witnesses
If the whole
evidence is to be
included, statement
to that effect
without mentioning
references
iv. If exceeds 20
pages, must contain
subject index
v. Where both parties
are appellants, the
may file joint record
on appeal (Sec 8)

2. Petition shall include:
a. Full name of parties,
without impleading the
lower courts or judges
as petitioners or
respondents
b. Material dates
showing it was filed on
time
c. Concise statement of
the matters involved,
issues raised,
specific errors of fact
or law, allegedly
committed by the RTC
and arguments relied
upon for the allowance
of the appeal
d. Clearly legible
duplicate originals or
true copies of
judgments/final orders
certified correct by the
clerk of court of the
RTC
e. Certificate of non
forum shopping

Failure to comply (Sec
3) with requirements
on filing, form and
content, docket and
lawful fees, deposits,
proof of service shall be
sufficient ground for
dismissal


petition shall pay within
15 days from notice of
denial

Contents of Petition (Sec
6) shall contain:
1. Full names of parties
without impleading
court or agencies as
petitioners/repondents
2. Concise statement of
facts and issues
involved and the
ground relied upon
3. Clearly legible
duplicate original or
certified true copy of
award, judgment, final
order or resolution
appealed from with
certified true copies of
such material portions
of the record referred to
therein and other
supporting papers
4. Sworn certification
against non forum
shopping
5. Material dates showing
that it was filed within
the period fixed herein.

Failure to Comply (Sec
7) sufficient ground for
dismissal
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b. Approval (Sec 7)
If no objection is filed
w/in 5 days from
receipt, court may:
i. Approve it; or
ii. On its own or on
motion, may direct
its amendment by
inclusion of omitted
matters deemed
essential to the
determination of the
issues
If court orders
amendments, the
appellant shall
redraft the record
such additional
matters as directed
and submit such for
approval with notice
to the appellee
within the period:
mentioned in the
court order or of
extension granted
10 days from
receipt, if no time
is fixed by the
court

DOCKET & LAWFUL FEES
(Sec 4)
Shall pay to the clerk
which rendered the
judgment within the
period for taking appeal
Proof of payment shall be
transmitted to the
appellate court
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Effect of Appeal PERFECTION OF APPEAL
1. When (Sec 9)
a. Notice of appeal
upon filing of the
notice of appeal in
due time
b. Record on appeal
upon approval of the
record on appeal
filed in due time
2. When the court loses
jurisdiction (Sec 9)
a. Notice of appeal
upon perfection of the
appeals filed in due
time and the
expiration of the time
to appeal of the other
parties
b. Record on appeal
upon the approval of
the records on appeal
filed in due time and
the expiration of the
time to appeal of
other parties
3. After perfection of appeal
but prior to transmittal of
original record or record
on appeal the trial court
may (Sec 9) :
a. Issue orders for the
protection and
preservation of the
rights of the parties
on matters not
litigated by the appeal
b. Approve
compromises
c. Permit appeals of
PERFECTION OF
APPEAL; Effect (Sec 8)
1. Appeal deemed
perfected upon timely
filing of petition for
review and payment of
docket & other lawful
fees.
2. Effect :
a. RTC loses
jurisdiction over the
case upon perfection
of appeal filed in due
time and expiration
of time to appeal of
the other parties
b. Before the CA gives
due course to the
petition, RTC may:
Issue orders for
the protection and
preservation of the
rights of the parties
on matters not
litigated by the
appeal
Approve comprises
Permit appeals of
indigent litigants
Order execution
pending appeal
provided in Sec 2,
Rule 39
Allow withdrawal of
the appeal
c. Appeal shall stay
the judgment or final
order
Except :
i. When the CA, the
General Rule : shall not
stay the award, judgment,
final order or resolution
sought to be reviewed
(Sec 12)
Exception : when the CA
directs otherwise upon
such terms as it may
deem just (Sec 12)
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indigent litigants
d. Order execution
pending appeal
provided in Sec 2,
Rule 39
e. Allow withdrawal of
the appeal
f. Dismiss the appeal
motu propio or on
motion for having
been filed out of time
(Sec 13)

law or the Rules
provide otherwise
ii. Civil cases decided
under the Rule on
Summary
Procedure

Procedure in
the court where
decision was
made (court of
origin)
TRANSMITTAL (Sec 6)
Within 15 days from
perfection, clerk of court
shall transmit original
record or record on
appeal, together with
transcripts and exhibits to
the RTC
He shall certify such as
complete
Copy of the transmittal
shall be furnished to the
parties

1. Within 30 days after
perfection, it shall be the
duty of the clerk of court
to (Sec 10)
a. Verify the correctness
of the original record or
record on appeal and
make a certification of
its correctness
b. Verify the
completeness of the
records to be
transmitted
c. If found incomplete,
take measures to
complete such, using
the authority he or the
court may exercise
If efforts to complete
fail, he shall indicate
in the transmittal
letter :
i. those exhibits or
transcripts not
included,
ii. the reason for
non-transmittal

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iii. steps taken or
that could be
taken to have
them
d. Transmit records to the
appellate court,
furnishing a copy of
the transmittal letter to
the parties
2. Transcripts (Sec 11)-
upon perfection of appeal:
a. Clerk of court shall
direct the
stenographers to
attach to the record of
the case 5 copies of
the trasncripts of
testimonial evidence
referred to in the
record on appeal
b. Stenographers shall
transcribe and prepare
and affix to their
transcripts an index
containing the :
names of witnesses
and the pages where
their testimonies are
found
list of exhibits and
and pages where
each of them appear
to have been offered
and admitted or
rejected by the court
c. Once transmitted,
clerk of court shall
arrange the same in
the order in which the
witnesses testified
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and shall cause the
pages to be
numbered
consecutively.
3. Transmittal (Sec 12) -
Clerk of court shall
transmit to the court the
original record or
approved record on
appeal within 30 days
from perfection of appeal,
together with :
a. proof of payment of
appellate docket and
other lawful fees
b. certificate of correctness
c. original documentary
evidence referred to
therein
d. original and 3 copies of
the transcripts
***Copies of the
transcripts and certified
true copies of
documentary evidence
shall remain in the lower
court for the examination
of the parties.
Procedure in
the appellate
court
1. Upon receipt of records,
the RTC clerk of court shall
notify the parties (Sec 7)
2. Within 15 days from such
notice, the appellant has
the duty to submit a
memorandum which shall
discus the errors imputed
to the lower court, a copy
of such furnished to the
adverse party; failure to
file by appellant shall be
1. Action on Petition
(Sec 4) - CA may :
a. Require respondent to
file a comment, not a
motion to dismiss,
within 10 days from
notice; OR
b. Dismiss the petition
if it finds such to be:
Patently without
merit
Filed for delay
1. Action on Petition (Sec
8) CA may:
a. Require the respondent
to file a comment, not a
motion to dismiss,
within 10 days from
notice; OR
b. Dismiss the petition if it
finds such to be :
Patently without
merit
Prosecuted
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a ground for the
dismissal of the appeal
(Sec 7)
3. Within 15 days from
receipt of appellants
memorandum, the
appellee may file his
memorandum (Sec 7)
4. The case shall be
submitted for decision
(Sec 7):
a. Upon filing of the
memorandum of the
appellee OR
b. Upon the expiration to
file the same
5. RTC shall decide on the
basis of the entire record
of the proceedings in the
court of origin and the
memoranda filed (Sec 7)
6. If appeal is for an order of
the lower court dismissing
the case without trial on
merits, the RTC may (Sec
8) :
a. Affirm
o And on the ground of
lack of jurisdiction over
the subject matter, the
RTC, if it has
jurisdiction, shall try
the case as if it was
originally filed in it.
b. Reverse
o Shall be remanded
for further
proceedings
7. If appeal is for case tried
on merits by the lower
Questions raised
too unsubstantial
2. Comment (Sec 5) -
a. Filed in 7 copies
b. Accompanied by
certified true copies
of material portions
of the record with
supporting papers
c. Shall state:
Whether or not he
accepts the
statement of
matters made
Insufficiencies or
inaccuracies as
he believes exists
Reasons why the
petition should not
be given due
course
d. Copy to be served
on the petitioner
3. Due Course (Sec 6)
Upon filing of the
comment or other
pleadings or after
expiration of the period
to file thereof, CA upon
finding prima facie
that lower court has
committed an error of
fact or law, may give
due course to the
petition
4. Approval of record on
Appeal (Sec 7)
a. Upon filing and no
objection is filed
within 5 days from
manifestly for delay
Questions raised
therein are too
unsubstantial to
require
consideration
2. Comment (Sec 9) shall
be :
a. Filed within 10 days in
7 copies
b. Accompanied by
clearly legible certified
true copies of such
material portions of
the record therein with
supporting papers
c. Shall state:
Insufficiencies or
inaccuracies in the
petitioners
statement
Reason why the
petition should be
denied or
dismissed
d. Copy shall be served
on petition and proof
of such service shall
be filed with the CA
3. Due Course (Sec 10)
a. CA may give due
course, otherwise
dismiss, upon :
Filing of comment or
other pleadings
required or upon
expiration of period to
file such; OR
On the basis of the
petition; OR
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court without jurisdiction
over subject matter, RTC
shall not dismiss the
case if has original
jurisdiction; it shall decide
based on the preceding
provision, without
prejudice to the
admission of amended
and additional evidence
in the interest of
justice.(Sec 8)

receipt, court may:
Approve it as
presented
Upon its own
motion or that of
the appellee,
direct amend-
ment by including
omitted matters
essential to its
determination
within time or
extension
granted; if no time
fixed, within 10
days from receipt
b. Upon order to
amend, the redrafted
record shall be
submitted for
approval, upon
notice to the
appellee, in like
manner as the
original draft
5. Submission for
Decision (Sec 9)
a. if petition is given due
course, CA may set
the case for oral
argument or require
the parties to submit
memoranda within 15
days from notice
b. Case is deemed
submitted for decision
upon the filing of the
last pleading/memo-
randum required

Records of the CA
find prima facie
evidence
b. Findings of fact of the
court or agency, when
supported by
substantial evidence,
shall be binding upon
the CA
4. Transmittal (Sec 11) -
a. Within 15 days from
notice that petition has
been given due course,
CA may require the
court or agency to
transmit the original or a
legible certified true
copy of the entire record
of the proceeding under
review
b. record to be transmitted
may be abridged by
agreement of all parties
c. CA may require or
permit subsequent
correction or addition to
the record.
5. Submission for Decision
(Sec 13) if petition give
due course:
a. CA may set the case
for oral argument or
require parties to
submit memoranda
within 15 days from
notice
b. Case shall be deemed
submitted for decision
upon filing of the last
pleading or memo
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