Section 1. 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;

(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 without
prejudice.
In all the above instances where the judgment or

Section 2. 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 law on
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
oncertiorariin accordance with the Rule
45.

Section 3. Period of ordinary appeal.

The appeal shall be taken within fifteen
(15) days from notice of the judgment or
final order appealed from. Where a
record on appeal is required, the
appellant shall file a notice of appeal and
a record on appeal within thirty (30) days
from notice of the judgment or final
order.
The period of appeal shall be interrupted
by a timely motion for new trial or
reconsideration. No motion for extension

Section 4. Appellate court docket and

other lawful fees. Within the period
for taking an appeal, the appellant
shall pay to the clerk of the court
which rendered the judgment or final
order appealed from, the full amount
of the appellate court docket and other
lawful fees. Proof of payment of said
fees shall be transmitted to the
appellate court together with the
original record or the record on appeal.

Section 5. Notice of appeal. The

notice of appeal shall indicate the
parties to the appeal, specify the
judgment or final order or part
thereof appealed from, specify the
court to which the appeal is being
taken, and state the material dates
showing the timeliness of the
appeal.

Section 6. Record on appeal;form and

contents thereof. The full names of all the
parties to the proceedings shall be stated in
the caption of the record on appeal and it
shall include the judgment or final order
from which the appeal is taken and, 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. If an issue of
fact is to be raised on appeal, the record on
appeal shall include by reference all the

The
reference
shall
specify
the
documentary evidence by the exhibit
numbers or letters by which it was identified
when admitted or offered at the hearing, and
the testimonial evidence by the names of the
corresponding witnesses. If the whole
testimonial and 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. Every record on appeal
exceeding twenty (20) pages must contain a
subject index.

Section 7. Approval of record on

appeal. Upon the filing of the record
on appeal for approval and if no
objection is filed by the appellee within
five (5) days from receipt of a copy
thereof, the trial court may approve it
as presented or upon its own motion or
at the instance of the appellee, may
direct its amendment by the inclusion
of any omitted matters which are
deemed essential to the determination
of the issue of law or fact involved in

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 redraft the record by
including
therein,
in
their
proper
chronological sequence, such additional
matters as the court may have directed him
to incorporate, and shall thereupon submit
the redrafted record for approval, upon
notice to the appellee, in like manner as the
original draft.

Section 8. 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.

Section 9. Perfection of appeal;effect

thereof. A party's appeal by notice of
appeal is deemed perfected as to him
upon the filing of the notice of appeal in
due time.
A party's 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

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 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 2 of Rule 39, and
allow withdrawal of the appeal.

Section 10. Duty of clerk of court of the

lower court upon perfection of appeal.
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:
(a)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;
(b) To verify the completeness of the records
that will be, transmitted to the appellate
court;

(c) 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
(d) To transmit the records to the
appellate court.
If the efforts to complete the records
fail, he shall indicate in his letter of
transmittal the exhibits or transcripts
not included in the records being

If the efforts to complete the records fail,

he 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 nontransmittal, and the steps taken or that
could be taken to have them available.
The clerk of court shall furnish the parties
with copies of his letter of transmittal of
the records to the appellate court.

Section 11. Transcript. 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. The stenographers concerned shall transcribe
such testimonial evidence and shall prepare and affix
to their transcripts an index containing the names of
the witnesses and the pages wherein their
testimonies are found, and a list of the exhibits and
the pages wherein each of them appears to have
been offered and admitted or rejected by the trial
court.
The transcripts shall be transmitted to the clerk of the
trial court who shall thereupon arrange the same in
the order in which the witnesses testified at the trial,

Section 12. Transmittal. 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 of the transcripts.
Copies of the transcripts and certified true
copies of the documentary evidence shall
remain in the lower court for the examination

Section 13. Dismissal of appeal.

Prior to the transmittal of the original
record or the record on appeal to the
appellate court, the trial court
maymotu
propioor
on
motion
dismiss the appeal for having been
taken out of time.