Guide to Appellate Pleadings
without prejudice.
Rule 40. Appeal from MTC to RTC.
Via Notice of Appeal 15 days.
1. Parties
2. Judgment or final order or part thereof
appealed from,
3. Material dates showing the timeliness
of the appeal.
4. Grounds.
Appellants Memorandum 15 days.
Non-filing is ground to dismiss the
appeal.
Appellees Memorandum 15 days from
receipt of Appellants Memorandum.
Record on appeal 30 days:
1. Notice of appeal (see above) and
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.
No appeal may be taken from:
(a) An order denying a motion for
new trial or reconsideration;
(b) An order denying a petition for
relief or any similar motion seeking relief
from judgment;
(c) An interlocutory order;
(d) An order disallowing or
dismissing an appeal;
(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.
(f) An order of execution;
(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
(h) An order dismissing an action
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)
Rule 41, Appeal from RTC to CA.-
Notice of appeal. 15 days. Pay appeal
fees to RTC OCC.
1. Parties to the appeal,
2. Judgment or final order or part thereof
appealed from,
3. The court to which the appeal is being
taken, and
4. Material dates showing the timeliness
of the appeal.
Record on appeal; form and contents
thereof
1. Full names of all the parties to the
proceedings shall be stated in the
caption of the record on appeal.
2. Judgment or final order from which the
appeal is taken and,
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. 1.
4. If an issue of fact is to be raised on
appeal, the record on appeal shall
include by reference all the evidence, 2.
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 3.
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 4.
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 5.
twenty (20) pages must contain a
subject index. (6a)
5.1.
Approval of record on appeal
1. Upon the filing of the record on appeal
for approval and if no objection is filed
by the appellee within five (5) days from5.2.
receipt of a copy thereof, the trial court5.3.
may approve it as presented or upon its5.4.
own motion or at the instance of the
appellee, may direct its amendment by
the inclusion of any omitted matters5.5.
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 1.
redraft the record by including therein, in
their proper chronological sequence, 2.
such additional matters as the court may
have directed him to incorporate, and
shall thereupon submit the redrafted 3.
record for approval, upon notice to the
appellee, in like manner as the original
draft. (7a) 4.
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.
Perfection of appeal; effect thereof
A partys appeal by notice of appeal is
deemed perfected as to him upon the
filing of the notice of appeal in due time.
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.
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.
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.
In either case, prior to the transmittal of
the original record or the record on
appeal, the 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 compromises,
permit appeals of indigent litigants,
order execution pending appeal in
accordance with section 2 of Rule 39,
and
allow withdrawal of the appeal.
RULE 42 - PETITION FOR REVIEW
FROM THE REGIONAL TRIAL
COURTS TO THE COURT OF
APPEALS
How appeal taken; time for filing.
Verified petition for review with the
Court of Appeals 15 days,
Paying at the same time to the CA clerk
of court the corresponding docket and
other lawful fees and costs, and
Furnishing the Regional Trial Court and
the adverse party with a copy of the
petition.
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)
Form and contents of Petition For
Review.
1. Verified petition seven (7) legible
copies,
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;
4. Specific material dates showing that it
was filed on time;
5. Statement of the maters involved,
6. Issues raised,
7. Specification of errors of fact or law, or
both, allegedly committed by the
Regional Trial Court, and
8. Reasons or arguments relied upon for
the allowance of the appeal;
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.
10. Verification and Anti-
Forum Shopping Certification under oath
11. Affidavit of Service Adverse parties.
Lower Court.
12. CD of pleadings and annexes (PDF
format)
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)
Contents of comment. seven (7)
legible copies,
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;
3. Point out such insufficiencies or
inaccuracies as he believes exist in
petitioners statement of matters
involved but without repetition; and
4. State the reasons why the petition
should not be given due course.
5. A copy thereof shall be served on the
petitioner.
6. Affidavit of Service.
7. CD of pleading and annexes (PDF
format).
8. Explanation.
9. Verification and AFS Certif optional/not
mandatory.
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.
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)
Perfection of appeal; effect thereof
(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 the2.19.
rights of the parties which do not involve
any matter litigated by the appeal,2.20.
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.
Submission for decision.
If the petition is given due course, the
Court of Appeals may set the case
1. For oral argument
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
Scope. Rule 43 applies to appeals
from judgments or final orders of the:
1. Court of Tax Appeals and
2. Any quasi-judicial agency in the
exercise of its quasi-judicial functions.
2.1. Civil Service Commission,
2.2. Central Board of Assessment Appeals,
2.3. Securities and Exchange Commission,
2.4. Office of the President,
2.5. Land Registration Authority,
2.6. Social Security Commission,
2.7. Civil Aeronautics Board,
2.8. Bureau of Patents, Trademarks and
Technology Transfer,
2.9. National Electrification Administration,
2.10. Energy Regulatory Board,
2.11. National Telecommunications
Commission,
2.12. Department of Agrarian Reform under
Republic Act No. 6657,
2.13. Government Service Insurance System,
2.14. Employees Compensation Commission,
2.15. Agricultural Inventions Board,
2.16. Insurance Commission,
2.17. Philippine Atomic Energy Commission,
2.18. Board of Investments,
Construction Industry Arbitration
Commission, and
Voluntary arbitrators authorized by law.
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.
Period of appeal. Fifteen (15) days.
1. Only one (1) motion for
reconsideration shall be allowed.
2. Pay the appeal docket fee with the CA.
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.
How appeal taken.. Verified petition
for review
1. Seven (7) legible copies with the Court
of Appeals,
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 averified motion setting
forth valid grounds therefor. If denied,
must pay the docket fees/deposit w/in
15 days.
Contents of the Petition.
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.
3. Concise statement of the facts
4. Issues involved
5. Grounds relied upon for the review;
6. Accompanied by a clearly
legible duplicate original or a certified
 true copy of 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;
8. Verification and AFS Certif.
9. Explanation
10. CD of pleading and
annexes (PDF format) not yet applied
as of Dec. 27, 2013.
Action on the petition.The Court of
Appeals may
1. Require the respondent to file a
comment on the petition, not a motion to
dismiss, within ten (10) days from
notice,
2. Or dismiss the petition if it finds the
same
2.1. to be patently without merit,
2.2. prosecuted manifestly for delay,
2.3. or that the questions raised therein are
too unsubstantial to require
consideration.
Contents of Comment. Seven (7)
legible copies
1. Accompanied by clearly legible
certified true copies of such material
portions of the record referred to therein
together with other supporting papers.
2. Point out insufficiencies or inaccuracies
in petitioners statement of facts and
issues;
3. State the reasons why the petition
should be denied or dismissed.
4. A copy thereof shall be served on the
petitioner,
5. Affidavit of service
6. Explanation
7. CD of pleading/annexes not yet
mandatory as of Dec. 27, 2013.
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.
Remedy Integrate a motion for TRO in
the petition for review.
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.
PROCEDURE IN THE COURT OF
APPEALS
RULE 44 - ORDINARY APPEALED
CASES
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.
Time of filing memoranda in special
cases.In certiorari, prohibition,
mandamus, quo warranto and habeas
corpus cases, the parties shall file, in
lieu of briefs, their respective
memoranda within a non-extendible
period of thirty (30) days from receipt of
the notice issued by the clerk that all the
evidence, oral and documentary, is
already attached to the record.
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.
Contents of appellants brief. In the
order herein indicated:
(a) A subject index of the matter in
the brief
>with a digest of the arguments and
page references, and
>table of cases alphabetically arranged,
textbooks and statutes cited with
references to the pages where they are
cited;
(b) Assignment of errors
numbered consecutively;
(c) Statement of the Case - a
clear and concise statement of
>nature of the action,
>summary of the proceedings,
> appealed rulings and orders of
the court,
>nature of the judgment and
>any other matters necessary to
an understanding of the nature of the
controversy,
>with page references to the
record;
(d) Statement of Facts
>Facts admitted by both parties
> Facts in controversy,
> With the substance of the proof
relating thereto
> With page references to the
record;
(e) Statement of the issues of fact
or law
(f) Argument
>Appellants arguments on each
assignment of error
> With page references to the
record.
> 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.
Contents of appellees brief. In the
order herein indicated, the following:
(a) Subject Index
(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 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.
RULE 45 - APPEAL BY CERTIORARI
TO THE SUPREME COURT
Verified petition with Supreme Court.
Appeal by certiorari from a judgment or
final order or resolution of
1. Court of Appeals,
2. the Sandiganbayan,
3. Regional Trial Court
4. or other courts whenever authorized by
law
>Verified jurat must cite govt-issued ID
 > AFS Certif. jurat must cite govt-
issued ID
> Raise only questions of law
> Explanation
> Affid. of Service jurat must cite govt-
issued ID
> CD of pleading and annexes (PDF
format). May be emailed to SC.
> IBP #, MCLE #, PTR #/date, IBP
Chapter, Attys. Roll No.
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;
3. Statement of the matters involved,
4. Reasons or Arguments relied on for the
allowance of the petition;
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;
6. Verification and AFS certification
Dismissal or denial of petition by
MINUTE RESOLUTION.
1. failure of the petitioner to comply with
any of the requirements regarding
> payment of the docket and other lawful
fees, deposit for costs,
> proof of service of the petition,
> the contents of petition
> the documents which should
accompany the petition
> The Supreme Court may on its own
initiative deny the petition on the ground
that
the appeal is without merit,
is prosecuted manifestly for delay,
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.
Pleadings and documents that may be
required; sanctions.
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.
RULE 46 - ORIGINAL CASES (Court
of Appeals)
To what actions applicable.This Rule
shall apply to original actions
forcertiorari,
prohibition, mandamus and quo
warranto.
>Actions for annulment of judgment
shall be governed by Rule 47,
>Certiorari, prohibition and mandamus
by Rule 65,
>Quo warranto by Rule 66.
Contents and filing of petition; effect of
non-compliance with requirements.
The petition shall contain
1. Full names and actual addresses of all
the petitioners and respondents,
2. Concise statement of the matters
involved,
3. Factual background of the case,
4. Grounds relied upon for the relief
prayed for.
5. In actions filed under Rule 65:
>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.
6. Seven (7) clearly legible copies
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,
>such material portions of the record as
are referred to therein,
>and other documents relevant or
pertinent thereto.
10. Verification
11. AFS Certif.
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.
RULE 50 - DISMISSAL OF APPEAL
(Court of Appeals)
Grounds for dismissal of appeal
An 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.
Dismissal of improper appeal to the
Court of Appeals
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.
PROCEDURE IN THE SUPREME
COURT
RULE 56 - ORIGINAL AND
APPEALED CASES
A. Original Cases
Original cases cognizable.
1. Certiorari, prohibition, mandamus,
2. quo warranto,
3. habeas corpus,
4. disciplinary proceedings against
members of the judiciary and attorneys,
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,
>except in criminal cases where the
penalty imposed is
1. death automatic review,
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:
(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 or mode of
appeal; and
(g) The fact that the case is not
appealable to the Supreme Court.
Disposition of improper appeal.
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 Courtby 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:
1. the original action commenced in the
court shall be dismissed;
2. in appealed cases, the judgment or
order appealed from shall stand
affirmed;
3. and on all incidental matters, the
petition or motion shall be denied.

Note - Majority vote of SC Division/En

Banc needed to reverse decisions and
rulings of lower courts.