Cariño, Trudi B.

2018-0567
Civil Procedure
04:30-09:30PM MON
MMS 203

Flow of the duties of the Clerk of Court as to appeals from the Municipal Trial court to the Supreme
Court in accordance with the Rules of Court

Rule 40 - Appeals from Municipal Trial Courts to the Regional Trial Courts

• The Clerk of Court which rendered the judgment or final order shall have the
duty to receive the payment for the appellate court docket fees and other
lawful fees made by the appellant.
Section 5

• The Clerk of Court or the branch clerk of court of the lower court shall, within
15 days from the perfection of the appeal, transmit the original record or the
record on appeal, together with the transcripts and exhibits, which he shall
certify as complete, to the proper Regional Trial Court.
• The Clerk of Court has the duty to furnish the parties with the copy of the
Section 6 letter of transmittal of the records.
Rule 41 - Appeals from Regional Trial Courts

• The Clerk of Court which rendered the judgment or final order shall have the
duty to receive the payment for the appellate court docket fees and other lawful
fees made by the appellant.
Section 4

• Within thirty (30) days after perfection of all the appeals in accordance with the
preceding section, it shall be the duty of the clerk of court of the lower court:
- To verify the correctness of the original record or the record on appeal, as the
case may be aid to make certification of its correctness;
- To verify the completeness of the records that will be, transmitted to the
appellate court;
- If found to be incomplete, to take such measures as may be required to
complete the records, availing of the authority that he or the court may
exercise for this purpose; and
- To transmit the records to the appellate court.
Section 10
• If the efforts to complete the records fail, the clerk of court shall indicate in his
letter of transmittal the exhibits or transcripts not included in the records being
transmitted to the appellate court, the reasons for their non-transmittal, and the
steps taken or that could be taken to have them available.

• Upon the perfection of the appeal, the clerk shall immediately direct the
stenographers concerned to attach to the record of the case five (5) copies of
the transcripts of the testimonial evidence referred to in the record on appeal.
• After the transcripts are transmitted to the clerk of court, the latter shall
thereupon arrange the same in the order in which the witnesses testified at the
Section 11 trial, and shall cause the pages to be numbered consecutively.
 •The clerk of the trial court shall transmit to the appellate court the original record or the
approved record on appeal within thirty (30) days from the perfection of the appeal, together
with the proof of payment of the appellate court docket and other lawful fees, a certified true
copy of the minutes of the proceedings, the order of approval, the certificate of correctness,
the original documentary evidence referred to therein, and the original and three (3) copies
Section 12 of the transcripts.

Rule 42 - Petition for Review from Regional Trial Court to the Court of Appeals

• The Clerk of the Court of Appeals shall have the duty to receive the payment of
the corresponding docket fees and other lawful fees made by a party desiring
to appeal from a decision of the Regional Trial Court rendered in the exercise of
its appellate jurisdiction to the Court of Appeals via petition for review.
Section 1

• Upon receiving and verifying the completeness of the original record or the
record on appeal and the accompanying documents and exhibits transmitted
by the lower court, as well as the proof of payment of the docket and other
*Rule 44, lawful fees, the clerk of court of the Court of Appeals shall docket the case and
Section 4 notify the parties thereof.
Rule 43 - Appeals from the Court of Tax Appeals and Quasi-Judicial Body to the Court of Appeals

• Upon filing the petition, the clerk of the Court of Appeals shall have the duty to receive the
payment of the corresponding docket fees and other lawful fees made by a party desiring to
appeal from a decision of the Court of Tax Appeals and Quasi-Judicial Body to the Court of
Appeals.

Section 5

• Within thirty (30) days after perfection of all the appeals in accordance with the preceding
section, it shall be the duty of the clerk of court of the Court of Tax Appeals or Quasi-Judicial
Body to:
- To verify the correctness of the original record or the record on appeal, as the case may be
aid to make certification of its correctness;
- To verify the completeness of the records that will be, transmitted to the appellate court;
*Rule 41, - If found to be incomplete, to take such measures as may be required to complete the
records, availing of the authority that he or the court may exercise for this purpose; and
Section 10 - To transmit the records to the appellate court.

•Upon receiving and verifying the completeness of the original record or the record on
appeal and the accompanying documents and exhibits transmitted by the lower court,
as well as the proof of payment of the docket and other lawful fees, the clerk of court
of the Court of Appeals shall docket the case and notify the parties thereof.
*Rule 44,
Section 4
Rule 44 - Ordinary Appealed Cases

• Upon receiving the original record or the record on appeal and the accompanying documents and
exhibits transmitted by the lower court, as well as the proof of payment of the docket and other lawful
fees, the clerk of court of the Court of Appeals shall docket the case and notify the parties thereof.
• Within ten (10) days from receipt of said notice, the clerk of Court shall have the duty to receive seven
(7) clearly legible copies of the approved record on appeal, together with the proof of service of two (2)
Section 4 copies thereof upon the appellee.

• Where the record of the docketed case is incomplete, the clerk of court of the Court of Appeals shall so
inform said court and recommend to it measures necessary to complete the record. It shall be the duty
of said court to take appropriate action towards the completion of the record within the shortest possible
time.
Section 5

Rule 45 – Appeal by Certiorari to the Supreme Court

• The Clerk of Court of the Supreme Court shall have the duty to
receive the payment of the docket fees and other lawful fees,
including the deposit of P500.00 for costs made by a party desiring to
appeal by certiorari from a judgment or final order or resolution of the
Court of Appeals, the Sandiganbayan, the Regional Trial Court or
other courts to the Supreme Court.
• Upon receiving and verifying the completeness of the original record
or the record on appeal and the accompanying documents and
exhibits transmitted by the lower court or the Court of Appeals, as
Section 4 well as the proof of payment of the docket and other lawful fees, the
clerk of court of the Supreme Court shall docket the case and notify
the parties thereof.