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RULE 40 – MTC to RTC RULE 41 – APPEAL FROM RULE 42 - APPEAL FROM RULE 43 – APPEALS FROM CTA RULE 45 – APPEAL

E 43 – APPEALS FROM CTA RULE 45 – APPEAL BY CERTIORARI RULE 65 – PETITION FOR


(Original Jurisdiction) THE RTC (Ordinary Appeal) THE RTC (Petition for / QJ AGENCY TO CA TO THE SUPREME COURT CERTIORARI, PROHIBITION
Review) AND MANDAMUS
When Decided cases by RTC in Decided cases by RTC 1. Judgments of CTA Judgment of final order pf the:
Applicable exercise of its original exercising its Appellate 2. Appeals from Awards, 1. CA
jurisdiction Jurisdiction Judgments, Final Orders, 2. Sandiganbayan
Resolutions by any quasi- 3. CTA en banc
Non-appealable cases: judicial agency 4. RTC
(DIASES-P) 5. Other courts as maybe
1. Denial of Relief from Examples of agencies are in Rule 43, authorized by law
judgment Section 1p;
2. Interlocutory order General Rule: Only raise QUESTIONS
3. Appeals dismissed OF LAW
4. Set Aside a judgment
by consent on the Exceptions:
ground of fraud, 1. Writ of Amparo
mistake or duress 2. Writ of Habeas Data
5. Execution order 3. Writ of Kalikasan
6. Several Parties or
Separate Claims
judgment while main
case is pending
7. Dismissal w/o Prejudice
Where to To RTC exercising jurisdiction To RTC exercising jurisdiction To the CA via verified petition To the CA via verified petition for To the Supreme Court via verified Appeal to the Superior Court /
Appeal over the area over the area for review review petition for review Tribunal which has jurisdiction over
the Tribunal, Board or Officer being
complained of
When to 1. 15 days after notice of 1. 15 days after notice of Within: 15 days from: Within: 60 days from notice of final
Appeal judgment / final order judgment / final order 1. 15 days from notice 1. Notice of Award, Judgment 1. 15 days from notice of judgment or order, or from denial of
(via notice of appeal) (via notice of appeal) of judgment 2. From Publication, if judgment motion for new trial / MR
2. 15 days from denial required 2. 15 days from denial of motion
2. If record on appeal 2. If record on appeal of motion for new 3. Denial of MR or Motion for for new trial / MR
required - 30 days required - 30 days trial / MR New Trial
from notice of from notice of SC may grant, for justifiable reasons,
judgment / final order judgment / final order CA may grant an additional 15 CA may grant an additional 15 days extension of 30 days
(via filing notice of (via filing notice of days to file petition for review. to file petition for review.
appeal + record on appeal + record on No further extension should
appeal) appeal) be granted, except for
compelling reasons, which
3. 48 hours from notice of shall not exceed 15 days too
judgment – Habeas
Corpus cases
How to By Notice of Appeal By Notice of Appeal Steps: Steps: By petition for review stating: Petition for certiorari must include:
Appeal 1. File notice of appeal w/ 1. File a verified petition 1. File verified petition for 1. Full names of the parties 1. Verified Petition by
trial court that for review with CA review (in 7 legible copies) 2. Material Date Rule Petitioner stating:
rendered judgment within: 2. Pay docket fees

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1. File notice of appeal 2. Notice of appeal must a. 15 days 3. Proof of service on adverse 3. Concise statement of Matters a. Alleged facts with
w/ trial court that indicate: from notice party of the decision involved certainty
rendered judgment a. Parties of decision 4. Deposit sum of P500 for 4. Arguments involved b. Prayer for
2. Notice of appeal must b. Judgment b. 15 days cost 5. Accompanied by clearly legible annulment /
indicate: being from denial duplicate original, or certified modification of
a. Parties appealed of Motion Exemption from payment of docket true copy of the judgment / proceedings of
b. Judgment c. Material date for New fees and deposit costs may be final order lower court
being showing Trial / MR granted by the CA upon verified 6. Certificate of Non forum 2. Certified True Copy /
appealed timeliness of 2. Pay docket fees motion setting forth his valid shopping Duplicate Original of the
c. Material date appeal 3. Furnish RTC and grounds lower court order being
showing (Material Data Adverse party copy appealed + all pleadings
timeliness of Rule) of the petition and docs relevant
appeal d. Court to which 3. Sworn certification of non-
(Material appeal is forum shopping
Data Rule) being taken
3. Copy served to
adverse party
4. Pay docket fees to trial
court
By Record on Appeal By Record on Appeal Petition for review shall Petition for review shall
contain (In 7 legible contain:
Required when: Contents: copies):
1. Special Proceedings 1. Parties 1. Name of parties
2. Multiple or separate 2. Judgment being 1. Names of parties 2. Statement of facts, issues
appeals appealed 2. Material dates and grounds relied
3. Material date showing showing timeliness 3. Clearly legible duplicate
Contents: timeliness of appeal 3. Statement of the: originals of the award,
1. Parties (Material Data Rule) a. Matters judgment, final order
2. Judgment being 4. Copies of only such involved 4. Certificate of non-forum
appealed pleadings, docs as are b. Issues shopping
3. Material date showing related to the appealed raised 5. Material dates showing
timeliness of appeal judgment c. Specificatio timeliness
(Material Data Rule) n of errors
4. Copies of only such Every record on appeal of fact and
pleadings, docs as are exceeding 20 pages must have a law
related to the subject index committed
appealed judgment by RTC
Steps: d. Arguments
Every record on appeal 1. File record on appeal relied upon
exceeding 20 pages must have (w/ notice to appellee) 4. Accompanied by
a subject index 2. Appellee may file duplicate originals of
objection w/in 5 days decisions of lower
Steps: from his receipt court
1. File record on appeal 3. If no objection, Court 5. Certificate of non-
(w/ notice to appellee) may (a) accept it (b) forum shopping
direct its amendment

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2. Appellee may file 4. If Court orders
objection w/in 5 days amendment, Appellant
from his receipt has 10 days from
3. If no objection, Court receipt of order to
may (a) accept it (b) amend such record on
direct its amendment appeal
4. If Court orders 5. Submit redrafted
amendment, record on appeal, with
Appellant has 10 days notice to adverse party
from receipt of order
to amend such record
on appeal
5. Submit redrafted
record on appeal, with
notice to adverse
party
When Notice of appeal – upon filing Notice of appeal – upon filing Deemed perfected when filed
appeal in due time (15 days) + in due time (15 days) + payment in due time the petition for
perfected payment of fees of fees review + payment of docket
fees
Record on appeal – with Record on appeal – with
respect to subject matter, upon respect to subject matter, upon
approval by the court in due approval by the court in due time
time (30 days) + fees (30 days) + fees
Effect of Notice of Appeal – Lower Notice of Appeal – Lower RTC loses jurisdiction over the General Rule: Appeal shall NOT
Perfection Court loses jurisdiction over the Court loses jurisdiction over the case upon perfection of appeal stay the award, judgment. It is
of Appeal case itself upon (1) perfection case itself upon (1) perfection of immediately executory
of appeal; or (2) expiration to appeal; or (2) expiration to file The appeal shall STAY the
file thereof thereof judgment or final order, Except: CA shall direct otherwise
unless the CA, law or Rules
Record on appeal – Lower Record on appeal – Lower provide otherwise
court loses jurisdiction only as court loses jurisdiction only as to
to the subject matter thereof the subject matter thereof upon
[because there are multiple (1) perfection of appeal; or (2)
issues!] upon (1) perfection of expiration to file thereof
appeal; or (2) expiration to file
thereof When Court loses jurisdiction,
but before transmittal of the
When Court loses jurisdiction, case, Lower court has the power
but before transmittal of the to: (E-PCIW)
case, Lower court has the
power to: (E-PCIW) 1. Execution of judgment
pending appeal
1. Execution of judgment 2. Preservation of rights
pending appeal of parties
2. Preservation of rights 3. Compromise approval
of parties
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3. Compromise approval 4. Indigent appeal –
4. Indigent appeal – approval
approval 5. Withdrawal of appeal
5. Withdrawal of appeal

Duty of 15 days from perfection of 30 days after the perfection of Clerk of Court shall deliver the Clerk of Court shall deliver the Supreme Court may require the
Clerk of appeal appeal records of the case to the CA records of the case to the CA upon elevation of the complete record /
Court 1. Clerk of lower court 1. Clerk of court of lower upon CA’s discretion – 15 days CA’s discretion – 15 days after specified record of the case within 15
transmit original court shall verify after notice of the CA notice of the CA days from notice (to the clerk of lower
records / record on correctness of the court)
appeal to appellate documents / record on If not transmitted within If not transmitted within 30
court appeal – make a 30 days after perfection of days after perfection of appeal:
2. After RTC receiving – certification of its appeal:
Clerk of RTC informs correctness Either party may file a motion with
parties of the receipt 2. Verify completeness of Either party may file a motion trial court for the transmittal
3. Within 15 days from records that will be with trial court for the
receipt by RTC of docs transmitted to CA transmittal If completion of the record cannot
from lower court – 3. Transmit records to CA be accomplished due to difficult
Appellant must file a 4. If incomplete, take If completion of the record causes, Court may declare that the
memorandum (which such measures cannot be accomplished due records are already sufficient to
discusses the errors of necessary to complete to difficult causes, Court may decide the issues raised, and shall
lower court) it declare that the records are issue an order explaining the
4. 15 days after receipt 5. If can’t complete, already sufficient to decide the reasons for such declaration (Rule
by adverse party of indicate in his letter of issues raised, and shall issue 44, Sec 6)
appellant’s transmittal an order explaining the
memorandum – He a. Those that reasons for such declaration
may file his were not (Rule 44, Sec 6)
memorandum. included
5. Upon filing of b. Reasons for
memorandum by non-
appellee / expiration transmittal
of time to do so – case c. Steps taken
is deemed submitted 6. Furnish parties with
for decision. copies of his letter of
transmittal

Appellant’s Brief* (Rule 44,


Sec 7)

1. Within 45 days from


receipt of notice of
clerk that all evidence
are attached to the
record, Appellant files
his brief 7 copies of his
legibly typewritten or

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printed brief, w/ proof
of service
2. Failure to file
appellant’s brief is a
ground for dismissal

Appellee’s Brief**

Filed within 45 days from receipt


of appellant’s brief

Appellant’s Reply Brief

Filed within 20 days from receipt


of appellee’s brief

If certiorari, prohibition,
mandamus, quo warranto,
habeas corpus cases:

Instead of Brief, parties shall file


a MEMORANDUM within 30 days
from receipt of notice

Subject Facts and/or Law Only Questions of Fact AND Law Questions of Fact / Law or a Questions of Fact / Law or a mix of
Matter of mix of both Fact and Law both Fact and Law
Appeal
Action on CA may: CA may: SC may:
the
Petition 1. Require respondent 1. Require respondent to file 1. Dismiss the petition if (MUD):
to file a comment on a comment on the petition, a. Patently w/o Merit
the petition, not a not a motion to dismiss, b. Questions raised are
motion to dismiss, within 10 days from notice too unsubstantial to
within 10 days from 2. Dismiss the petition if require consideratio
notice (MUD): c. Prosecuted for Delay
2. Dismiss the petition if a. Patently w/o
(MUD): Merit Factors to be considered W/N
a. Patently b. Questions raised review will be granted by SC:
w/o Merit are too 1. Court a quo has decided a
b. Questions unsubstantial to question of substance in a way
raised are require not in accord with the law
too consideration 2. Court a quo departed from
unsubstanti c. Prosecuted for the accepted and usual
al to require Delay course of judicial
considerati proceedings as to call for an
on exercise of supervision by SC

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c. Prosecuted
for Delay
Content of Comment filed within 10 days Comment filed within 10 days shall
Comment shall contain (AIR): contain (AIR):
by
Appellee 1. W/N he Accepts the 1. W/N he Accepts the
statements of statements of matters
matters involved in involved in the Petition
the Petition 2. Point out Insufficiencies
2. Point out 3. Reasons why petition
Insufficiencies should not be given due
3. Reasons why petition course
should not be given
due course
Submissio If Petition given due course: If Petition given due course:
n for 1. May be set for oral 1. May be set for oral
Decision argument argument
2. CA may require 2. CA may require parties to
parties to submit submit memoranda within
memoranda within 15 days from notice
15 days from notice 3. Case deemed submitted
3. Case deemed after last pleading /
submitted after last memorandum is filed
pleading /
memorandum is filed
Whole 1. RTC, Sandiganbayan, CTA en 7.
Process banc, CA renders decision
2. Any party files a petition for
review on certiorari (within 15
days from judgment or denial
of MR or New Trial) with the SC
3. Appellant serves copies of
petition on adverse party, lower
court + pay docket fees
4. SC may dismiss the petition, or
require comment
5. If given due course, parties
may submit memoranda
6. SC may affirm, reverse, modify
judgment of lower court
Notes 1. Memorandum is 1. Remedy in cases of 1. This MODE is not a 1. CA has jurisdiction to
mandatory. Non- appeal not allowed: matter of right, but a review only administrative
compliance results to RULE 65 Certiorari – if matter of discretion disciplinary cases decided
dismissal of case there is GADALEJ for the CA by the OMBUDSMAN. For
2. Rule 40, Section 8 – 2. An appeal on pure 2. It is only civil and criminal, it has no
allows appeals for lack questions of law discretionary on the jurisdiction.

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of jurisdiction. cannot be taken to party of CA to order 2. Findings of Fact by the
Generally, if dismissal the CA and such the elevation of the agency, if supported by
w/o prejudice, it appeal will be records of the case substantial evidence, shall
cannot be appealed. dismissed (Rule 50, Sec from the RTC (within be binding to the CA.
This Rule 40 is an 2) 15 days from notice 3. Rule 43 does not apply to
exception to the rule by CA to RTC). judgments issued under
that jurisdiction a. Because the Labor Code. REMEDY:
dismissal may be material Rule 65 GADALEJ
appealed. portions of 4. Issues raised for the 1st
the time on appeal , and not
documents raised in the lower courts
are already are barred by Estoppel.
in the a. Exception: Lack
comments of Jurisdiction
of the over subject
parties matter

*Contents of Appellant’s Brief:

1. Subject index of matter in brief w/ digest of the arguments and reference pages, table of cases cited (like table of contents)
2. Statement of the Case
3. Statement of Facts
4. Statement of Issues
5. Arguments
6. Relief
7. Copy of the judgment being appealed

** Contents of Appellee’s Brief:

1. Subject index of matter in brief w/ digest of the arguments and reference pages, table of cases cited (like table of contents)
2. Statement of Facts
3. Arguments

General Notes:

1. Test for Determining W/N a Judgment is Final or Interlocutory:


a. Does it leave something to be done in the Trial Court w/ respect to the merits of the case?
i. If YES, it is INTERLOCUTORY
1. Cannot be appealed yet
ii. If NO, it is FINAL
1. Can be Appealed
2. Rule 44 are additional rules governing ordinary appeals in the exercise of RTC of its appellate jurisdiction
a. Questions that may be raised on appeal only on any question of law or fact raised in the court below, which is within the issues framed by the parties
b. If only questions of law, then Rule 45 should be the remedy
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c. If appeal under Rule 41 is made, and only questions of law, it is improper – dismissed already
3. General Rule: Reversal of a judgment binding only to the parties who appealed, and does not affect those who did not join to the appeal
a. Exception: Rights of parties are so much interwoven / dependent with each other as to be inseperable.
4. Test for Question of Law or Fact:
a. Whether the appellate court can determine the issue raised without reviewing or evaluating the evidence – it is a question of law
b. Otherwise, question of fact

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Ordinary Appeal Petition for Review
Governing Rules Rules 40 and 41 Rule 42
Transfer of Records All records are elevated from court of origin NO RECORD elevated, unless court decrees
Where filed Notice of appeal / record on appeal filed w/ COURT OF Filed w/ CA
ORIGIN
Court Action Court has no discretion to deny the notice of appeal – Review is discretionary
since it is a matter of right

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