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MODE NATURE PERIOD REQUISITES WHERE EFFECT ACTION EXTENSION EFFECT GROUNDS

OF OF OF FILED OF OF OF OF FOR
APPEAL APPEAL APPEAL APPEAL APPEALLATE PERIOD MNT/MR DISMISSAL
COURT
RULE 40 a.) Ordina b.) Civil Actions a.) 15 a) Notice of • Trial Perfectio • Entertain • Cannot 1. Stays the period a. Trial
MTC – RTC ry appeal c.) Special days from Appeal (notify court n stays the appeal (it be to appeal court
proceedings and notice of the court that judgmen must resolve extend 2. Denied – remedy b. Appellate
civil actions w/c judgment you are t the appeal) ed is appeal from court
allow multiple b.) 30 appealing from (judgme Matter of judgment not from (non
appeals days from the judgment nt will right order of denial within compliance of
d.) Habeas notion of that you not fresh period of 15 requisites)
corpus judgment received) + become days from notice of
c.) 48 pay appeal final and denial orders
hrs from fees (docket executor
notion of fees, etc.) y)
judgment
b) Notice of
appeal +
record on
appeal +
payment of
appeal fees

c) Notice of
appeal +
paymnent
RULE 41 Ordinary Same Same Same Same Same Same Same Same Same
RTC-CA appeal
RULE 42 Petition for *No distinctions 15 days a.statement of With the CA Perfectio It may or may YES, can be same *failure to
(MTC) – RTC - review *Questions of fact from notice matters n stays not give due extended but comply with the
CA or of law of the involved the course to the only for 15 requirements
decision *issues raised judgmen appeal (matter days on *patently
appealed *specification t of discretion) condition that without merit
from or 15 of errors payment of *manifestly
days from committed the fees is dilatory
notice of (whether it is made within *issues raised
denial of of fact, of law the original not substantial
the motion or both) period of 15
for new trial b.certification days to
or motion of non-forum appeal
for shopping
MODE NATURE PERIOD REQUISITES WHERE EFFECT ACTION EXTENSION EFFECT GROUNDS
OF OF OF FILED OF OF OF OF FOR
APPEAL APPEAL APPEAL APPEAL APPEALLATE PERIOD MNT/MR DISMISSAL
COURT
reconsidera c.it must be
tion verified
d. payment of
appeal fees
e. furnishing a
copy to the
RTC as well as
to the adverse
parties
RULE 43 Petition for Same Same Same Same Perfectio Same Same Same Same
Quasi Judicial review n does
Bodies – CA not stay
the
judgmen
t or the
award,
etc.
Rule 45 Appeal by No distinction 15 days Same as rule SC Perfectio Discretionary – Yes, but only same same
• RTC – SC certiorari or except that the from notice 42 and 43 n stays may or may for 30 days on
• CA – SC petition for only ground is pure of the the not give due condition that
• SB - SC review on question of law decision judgmen course the payment
certiorari appealed t of the fees is
from or of made during
the denial the original
of the period to
motion fot appeal
new trial or
motion for
reconsidera
tion

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