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Appeals

RULE 40

Appeal From Municipal Trial Courts to the Regional Trial Courts

Section 1. Where to appeal. —

An appeal from a judgment or final order of a Municipal Trial Court may be taken to the Regional Trial
Court

 exercising jurisdiction over the area to which the former pertains.

1. The title of the case shall remain as it was in the court of origin,
2. but the party appealing the case shall be further referred to as the appellant
3. and the adverse party as the appellee. (a)

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Section 2. When to appeal. —

An appeal may be taken within fifteen (15) days after notice to the appellant of the judgment or final
order appealed from.

Where a record on appeal is required, the appellant shall file a

1. notice of appeal and
2. a record on appeal
 within thirty (30) days after 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 of time to file a motion for new trial or reconsideration shall be allowed. (n)

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Section 3. How to appeal. —

The appeal is taken by

 filing a notice of appeal
 with the court that rendered the judgment or final order appealed from.

The notice of appeal shall indicate:

1. the parties to the appeal,

2. the judgment or final order or part thereof appealed from, and
3. state the material dates showing the timeliness of the appeal.

A record on appeal shall be required only in

1. special proceedings and
2. in other cases of multiple or separate appeals.

The form and contents of the record on appeal shall be as provided in section 6, Rule 41.

 Copies of the notice of appeal, and the record on appeal where required, shall be served on the
adverse party. (n)

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Section 4. Perfection of appeal; effect thereof. —

The perfection of the appeal and the effect thereof shall be governed by the provisions of section 9,
Rule 41. (n)

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Section 5. 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
o of the appellate court docket
o and other lawful fees.
 transmitted to the appellate court
o Proof of payment thereof
o together with the original record or the record on appeal, as the case may be. (n)

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Section 6. Duty of the clerk of court. —

1. Within fifteen (15) days from the perfection of the appeal,
2. the clerk of court or the branch clerk of court of the lower court
3. shall transmit the original record or the record on appeal,

4. together with the transcripts and exhibits,
5. which he shall certify as complete,
6. to the proper Regional Trial Court.

 A copy of his letter of transmittal of the records to the appellate court shall be furnished
the parties. (n)

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Section 7. Procedure in the Regional Trial Court. —

(a) Upon receipt of the complete record or the record on appeal, the clerk of court of the
Regional Trial Court shall notify the parties of such fact.

(b) Within fifteen (15) days from such notice,

 it shall be the duty of the appellant
 to submit a memorandum which
 shall briefly discuss the errors imputed to the lower court,
 a copy of which shall be furnished by him to the adverse party.

(c) Within fifteen (15) days from receipt of the appellant's memorandum,
 the appellee may file his memorandum.

Failure of the appellant to file a memorandum shall be a ground for dismissal of the
appeal.

(d) Upon
 the filing of the memorandum of the appellee,
 or the expiration of the period to do so,
- the case shall be considered submitted for decision.

The Regional Trial Court shall decide the case

 on the basis of the entire record of the proceedings had in the court of original
 and such memoranda as are filed. (n)

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Section 8. Appeal from orders dismissing case without trial; lack of jurisdiction. —

If an appeal is taken

 from an order of the lower court

In case of affirmance  and the ground of dismissal is lack of jurisdiction over the subject matter. shall try the case on the merits as if the case was originally filed with it. the Regional Trial Court on appeal shall not dismiss the case if it has original jurisdiction thereof. — An appeal may be taken from 1. (n) ************************************************************************************* RULE 41 Appeal From The Regional Trial Courts Section 1. of a particular matter therein when declared by these Rules to be appealable. Applicability of Rule 41. 1. (n) --------------------------------------------------------------------------------------------------------------- Section 9. but shall decide the case in accordance with the preceding section. 3. 1. the case shall be remanded for further proceedings. . without prejudice to the admission of amended pleadings and additional evidence in the interest of justice. a judgment or final order that completely disposes of the case. 2. as the case may be. In case of reversal.  dismissing the case  without a trial on the merits. 2. — The other provisions of Rule 41 shall apply to appeals provided for herein insofar as they are not inconsistent with or may serve to supplement the provisions of this Rule. 1.  the Regional Trial Court may  affirm or  reverse it. the Regional Trial Court. or 2. if it has jurisdiction thereover. Subject of appeal. If the case was tried on the merits by the lower court (MTC) without jurisdiction over the subject matter. 3.

while the main case is pending. — . No record on appeal shall be required except in 1. unless the court allows an appeal therefrom. mistake or duress. cross-claims and third-party complaints. counterclaims. In such cases. (g) A judgment or final order for or against one or more of several parties or in separate claims. (d) An order disallowing or dismissing an appeal. (c) An interlocutory order. the record on appeal shall be filed and served in like manner. (b) Petition for review. (b) An order denying a petition for relief or any similar motion seeking relief from judgment. other cases of multiple or separate appeals where law on these Rules so require. (f) An order of execution. special proceedings and 2. Modes of appeal. in cases decided by the Regional Trial Court in the exercise of its original jurisdiction a.No appeal may be taken from: (a) An order denying a motion for new trial or reconsideration. serving a copy thereof upon the adverse party. — 1. and (h) An order dismissing an action without prejudice. In all the above instances where the judgment or final order is not appealable. — (a) Ordinary appeal. the aggrieved party may file an appropriate special civil action under Rule 65. with the court which rendered the judgment or final order appealed from and c. confession or compromise on the ground of fraud. The appeal to the Court of Appeals 2. (n) --------------------------------------------------------------------------------------------------------------- Section 2. or any other ground vitiating consent. shall be taken by filing a notice of appeal b. (e) An order denying a motion to set aside a judgment by consent.

Where a record on appeal is required. 2. shall be by petition for review in accordance with Rule 42. (n) . 3. the appellant shall file a 1. (c) Appeal by certiorari. notice of appeal and a 2. Proof of payment of said fees shall be transmitted to the appellate court together with the original record or the record on appeal. record on appeal within thirty (30) days from notice of the judgment or final order. the appeal shall be to the Supreme Court by petition for review on certiorari in accordance with the Rule 45. No motion for extension of time to file a motion for new trial or reconsideration shall be allowed. Appellate court docket and other lawful fees. — The appeal (Notice of Appeal only) shall be taken within fifteen (15) days from notice of the judgment or final order appealed from. — 1. in cases decided by the Regional Trial Court in the exercise of its appellate jurisdiction a. are raised or involved a. The period of appeal shall be interrupted by a timely motion for new trial or reconsideration. In all cases where only questions of law 2. The appeal to the Court of Appeals 2. (n) --------------------------------------------------------------------------------------------------------------- Section 4. the full amount of the appellate court docket and other lawful fees. (and RTC exercising ORIGINAL JURISDICTION) 3. the appellant shall pay to the clerk of the court which rendered the judgment or final order appealed from. 1. Period of ordinary appeal. (n) --------------------------------------------------------------------------------------------------------------- Section 3. Within the period for taking an appeal. — 1.

The full names of all the parties to the proceedings shall be stated in the caption of the record on appeal and 2. parties to the appeal. . and 2. 3.  taken upon the issue involved. testimonial and documentary. The reference shall specify the 1. specify the judgment or final order or part thereof appealed from. (4a) --------------------------------------------------------------------------------------------------------------- Section 6.--------------------------------------------------------------------------------------------------------------- Section 5. it shall include the judgment or final order from which the appeal is taken and. motions and all interlocutory orders as are related to the appealed judgment or final order for the proper understanding of the issue involved. in chronological order. and 4. Record on appeal. 3. Notice of appeal. together with such data as will show that the appeal was perfected on time.  a statement to that effect will be sufficient  without mentioning the names of the witnesses or the numbers or letters of exhibits. copies of only such pleadings.  the record on appeal  shall include by reference  all the evidence. the testimonial evidence by the names of the corresponding witnesses. form and contents thereof. 2. If an issue of fact is to be raised on appeal. petitions. 4. — 1. — The notice of appeal shall indicate the 1. specify the court to which the appeal is being taken. If the whole testimonial and documentary evidence in the case is to be included. documentary evidence by the exhibit numbers or letters by which it was identified when admitted or offered at the hearing. state the material dates showing the timeliness of the appeal.

2. upon notice to the appellee. i. shall redraft the record by 1. or iii. ii. Joint record on appeal. upon its own motion or c. as presented or b. in like manner as the original draft. — 1. such extension thereof as may be granted. Approval of record on appeal. 1. to the determination of the issue of law or fact involved in the appeal. (7a) --------------------------------------------------------------------------------------------------------------- Section 8. such additional matters as the court may have directed him to incorporate. may approve it a. v. the appellant.Every record on appeal exceeding twenty (20) pages must contain a subject index. Upon the filing of the record on appeal for approval and 2. if no time is fixed by the order within ten (10) days from receipt thereof. by the inclusion of any omitted matters b. at the instance of the appellee. If the trial court orders the amendment of the record. (6a) --------------------------------------------------------------------------------------------------------------- Section 7. that fixed by the court. they may file a joint record on appeal 1. or 2. in their proper chronological sequence. if no objection is filed by the appellee within five (5) days from receipt of a copy thereof. d. shall thereupon submit the redrafted record for approval. 2. the trial court 1. may direct its amendment a. including therein. and vi. (8a) --------------------------------------------------------------------------------------------------------------- . or iv. 2. which are deemed essential c. within the time limited in the order. within the time fixed by section 3 of this Rule. — x Where both parties are appellants. 3.

and . and to make certification of its correctness. upon the approval of the records on appeal filed in due time and 2. 3. transmitted to the appellate court. as the case may be. — PERFECTION 1. 2. availing of the authority that he or the court may exercise for this purpose. the protection and preservation of the rights of the parties which do not involve any matter litigated by the appeal. to take such measures as may be required to complete the records. 2. prior to the transmittal of the original record or the record on appeal. (c) If found to be incomplete. 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.Section 9. the court loses jurisdiction only over the subject matter thereof 1. 4. In appeals by record on appeal. order execution pending appeal in accordance with 2 of Rule 39. Perfection of appeal. and 5. approve compromises. (9a) --------------------------------------------------------------------------------------------------------------- Section 10. In either case. effect thereof. upon the perfection of the appeals filed in due time and 2. the expiration of the appeal of the other parties. the court may issue orders for 1. 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. the court loses jurisdiction over the case 1. EFFECT THEREOF In appeals by notice of appeal. permit appeals of indigent litigants. (b) To verify the completeness of the records that will be. 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. allow withdrawal of the appeal. the expiration of the time to appeal of the other parties. 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.

shall prepare and affix to their transcripts an index a. offered and admitted or rejected by the trial court. containing the names of the witnesses b. he shall indicate in his letter of transmittal 1. and 3. 2. — The clerk of the trial court shall transmit to the appellate court . The clerk of court shall furnish the parties with copies of his letter of transmittal of the records to the appellate court. (d) To transmit the records to the appellate court. and the pages wherein each of them appears to have been b. — Upon the perfection of the appeal. and a list of the exhibits a.  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. If the efforts to complete the records fail. 3. and the pages wherein their testimonies are found. The stenographers concerned shall 1. (10a) --------------------------------------------------------------------------------------------------------------- Section 11. (12a) --------------------------------------------------------------------------------------------------------------- Section 12. the exhibits or transcripts not included in the records being transmitted to the appellate court. transcribe such testimonial evidence and 2. the steps taken or that could be taken to have them available. the reasons for their non-transmittal. Transcript.  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. Transmittal.  and shall cause the pages to be numbered consecutively.

1. (11a) --------------------------------------------------------------------------------------------------------------- Section 13. 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. the certificate of correctness. the trial court may 1. Dismissal of appeal. the original documentary evidence referred to therein. the original and three (3) copies of the transcripts. 3. — Prior to the transmittal of the original record or the record on appeal to the appellate court. (14a) *********************************************************************************** . 4. a certified true copy of the minutes of the proceedings. the order of approval. 2. motu propio or 2. 5. on motion dismiss the appeal for having been taken out of time.  Copies of the transcripts  and certified true copies of the documentary evidence  shall remain in the lower court for the examination of the parties. and 7. 6.

No further extension shall be granted  EXCEPT for the most compelling reason  and in no case to exceed fifteen (15) days.RULE 42 Petition for Review From the Regional Trial Courts to the Court of Appeals Section 1.  the Court of Appeals may grant an additional period of fifteen (15) days only within which to file the petition for review. TIME FOR FILING: The petition shall be filed and served within fifteen (15) days from 1. furnishing the Regional Trial Court and the adverse party with a copy of the petition. depositing the amount of P500. How appeal taken. the payment of the full amount of the docket and other lawful fees and 3. — HOW APPEAL TAKEN: A party desiring to appeal from a decision of the Regional Trial Court rendered in the exercise of its appellate jurisdiction 1. 3.00 for costs. time for filing. Form and contents. may file a verified petition for review with the Court of Appeals. paying at the same time to the clerk of said court the corresponding docket and other lawful fees. of the denial of petitioner's motion for new trial or reconsideration filed in due time after judgment. 2. — The petition shall be . proper motion and 2. and 4. (n) --------------------------------------------------------------------------------------------------------------- Section 2. notice of the decision sought to be reviewed or 2. Upon 1. the deposit for costs before the expiration of the reglementary period.

CERTIFICATION AGAINST FORUM SHOPPING The petitioner shall also submit together with the petition a certification under oath that he has not theretofore commenced any other action involving the same issues in the (d) Supreme Court. (b) indicate the specific material dates showing that it was filed on time. (n) --------------------------------------------------------------------------------------------------------------- . (f) or any other tribunal or agency. or different divisions thereof. he must state the status of the same. he undertakes to promptly inform the aforesaid courts and other tribunal or agency thereof within five (5) days therefrom.  the requisite number of plain copies thereof and of the pleadings and other material portions of the record o as would support the allegations of the petition. and  the reasons or arguments relied upon for the allowance of the appeal. (c) set forth concisely a  statement of the matters involved. allegedly committed by the Regional Trial Court.  the issues raised. the Court of Appeals. the (e) Court of Appeals or different divisions thereof.  and shall (a) state the full names of the parties to the case.  filed in seven (7) legible copies.  the specification of errors of fact or law. (d) be accompanied by:  clearly legible duplicate originals or true copies of the judgments or final orders of both lower courts o certified correct by the clerk of court of the Regional Trial Court. if there is such other action or proceeding.  with the original copy intended for the court being indicated as such by the petitioner. or any other tribunal or agency. without impleading the lower courts or judges thereof either as petitioners or respondents. or both. and if he should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Court.

(n) --------------------------------------------------------------------------------------------------------------- Section 4. 2. Contents of comment. NOT a motion to dismiss. — The comment of the respondent shall be 1. — The failure of the petitioner to comply with any of the foregoing requirements regarding the 1. c. the deposit for costs. 2. A copy thereof shall be served on the petitioner. 3. and 4. b. within ten (10) days from notice. or that the questions raised therein are too insubstantial to require consideration. Action on the petition. accompanied by certified true copies of such material portions of the record referred to therein 3. the contents of and the documents which should accompany the petition shall be sufficient ground for the dismissal thereof. proof of service of the petition. filed in seven (7) legible copies. prosecuted manifestly for delay. (a) . or 2. if it finds the same to be patently without merit.Section 3. c. to file a comment on the petition. require the respondent a. b. together with other supporting papers and shall (a) state whether or not he accepts the statement of matters involved in the petition. dismiss the petition a. payment of the docket and other lawful fees. — The Court of Appeals may 1. (b) point out such insufficiencies or inaccuracies as he believes exist in petitioner's statement of matters involved but without repetition. and (c) state the reasons why the petition should not be given due course. (n) --------------------------------------------------------------------------------------------------------------- Section 5. Effect of failure to comply with requirements.

and . approve compromises. (n) --------------------------------------------------------------------------------------------------------------- Section 7. — Whenever the Court of Appeals deems it necessary. 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. upon the perfection of the appeals filed in due time and 2. Elevation of record. before the Court of Appeals gives due course to the petition. 2. — (a) Upon the 1timely filing of a petition for review and the 2payment of the corresponding docket and other lawful fees. the Regional Trial Court may issue orders 1. Due course. — 1. If upon the filing of the comment or such other pleadings as the court may allow or require. the expiration of the time to appeal of the other parties.  it may accordingly give due course to the petition.--------------------------------------------------------------------------------------------------------------- Section 6. or 2. 3. order execution pending appeal in accordance with section 2 of Rule 39. (n) --------------------------------------------------------------------------------------------------------------- Section 8. The Regional Trial Court loses jurisdiction over the case 1. effect thereof. permit appeals of indigent litigants. However. 4. after the expiration of the period for the filing thereof without such comment or pleading having been submitted. the appeal is deemed perfected as to the petitioner. for the protection and preservation of the rights of the parties which do not involve any matter litigated by the appeal. 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. Perfection of appeal.

 The case shall be deemed submitted for decision upon the filing of the last pleading or memorandum required by these Rules or by the court itself. the law. (a) --------------------------------------------------------------------------------------------------------------- Section 9. Submission for decision. . allow withdrawal of the appeal. set the case for oral argument or 2.UNLESS the Court of Appeals. or these Rules shall provide otherwise. 5. — If the petition is given due course. (n) ************************************************************************************ . the Court of Appeals may 1.the appeal shall stay the judgment or final order . (9a. R41) (b) EXCEPT in civil cases decided under the Rule on Summary Procedure. require the parties to submit memoranda within a period of fifteen (15) days from notice.

15. judgments. 14. Civil Aeronautics Board. 18. National Electrification Administration. Central Board of Assessment Appeals. Where to appeal. 10. 4. final orders or resolutions of or authorized by any quasi-judicial agency in the exercise of its quasi-judicial functions. 6. 17. (n) --------------------------------------------------------------------------------------------------------------- Section 3. Cases not covered. 2. — An appeal under this Rule may be taken to the Court of Appeals within the period and in the manner herein provided. Trademarks and Technology Transfer. Agricultural Invention Board. National Telecommunications Commission. and 19. 9. Bureau of Patents. 6657. Construction Industry Arbitration Commission. Civil Service Commission. — This Rule shall NOT APPLY to judgments or final orders issued under the Labor Code of the Philippines. whether the appeal involves . Office of the President. —  This Rule shall apply to appeals from judgments or final orders of the Court of Tax Appeals and  from awards. 7. Securities and Exchange Commission. 5. Department of Agrarian Reform under Republic Act No.RULE 43 Appeals From the Court of Tax Appeals and Quasi-Judicial Agencies to the Court of Appeals Section 1. Government Service Insurance System. Employees Compensation Commission. Philippine Atomic Energy Commission. 16. 8. (n) --------------------------------------------------------------------------------------------------------------- Section 2. Scope. Social Security Commission. 11. 12. 13. Land Registration Authority. Board of Investments. voluntary arbitrators authorized by law. 3. Energy Regulatory Board. Insurance Commission. Among these agencies are the 1.

2. 3. (n) --------------------------------------------------------------------------------------------------------------- Section 4. — The appeal shall be taken within fifteen (15) days from notice of the 1. of the denial of petitioner's motion for new trial or reconsideration duly filed in accordance with the governing law of the court or agency a quo. the Court of Appeals may grant an additional period of fifteen (15) days only within which to file the petition for review. . Upon the filing of the petition. or b. (n) --------------------------------------------------------------------------------------------------------------- Section 5. . or 3. 4. the petitioner shall pay to the clerk of court of the Court of Appeals the docketing and other lawful fees and deposit the sum of P500. and on the court or agency a quo. — Appeal shall be taken by 1. with proof of service of a copy thereof a. . of law. from the date of its last publication. How appeal taken. final order or resolution. 2. 1. seven (7) legible copies with the Court of Appeals.00 for costs. award. 5. or a. on the adverse party b. The original copy of the petition intended for the Court of Appeals shall be indicated as such by the petitioner.  Upon proper motion and  the payment of the full amount of the docket fee  before the expiration of the reglementary period. questions of fact. No further extension shall be granted except for the most compelling reason and in no case to exceed fifteen (15) days. Period of appeal. Only one (1) motion for reconsideration shall be allowed. if publication is required by law for its effectivity. judgment. mixed questions of fact and law. filing a verified petition for review in 2. 3.

final order or resolution appealed from. (c) be accompanied by i. 2. the deposit for costs. — The petition for review shall (a) state the full names of the parties to the case. (e) The petition shall state the specific material dates showing that it was filed within the period fixed herein. Action on the petition. the petitioner shall pay the docketing and other lawful fees and deposit for costs within fifteen (15) days from notice of the denial. Effect of failure to comply with requirements. 6. and 4. . and issues involved iii. Contents of the petition. of the facts ii. judgment. — The Court of Appeals may require the respondent to . Exemption from payment of docketing and other lawful fees and the deposit for costs may be granted by the Court of Appeals upon a verified motion setting forth valid grounds therefor. ii. (n) --------------------------------------------------------------------------------------------------------------- Section 6. 3. Rule 42. (n) --------------------------------------------------------------------------------------------------------------- Section 8. and the grounds relied upon for the review. — The failure of the petitioner to comply with any of the foregoing requirements regarding the 1. (2a) --------------------------------------------------------------------------------------------------------------- Section 7. a clearly legible duplicate original or a certified true copy of the award. together with certified true copies of such material portions of the record referred to therein and other supporting papers. (b) contain a concise statement i. proof of service of the petition. If the Court of Appeals denies the motion. payment of the docket and other lawful fees. without impleading the court or agencies either as petitioners or respondents. and (d) contain a sworn certification against forum shopping as provided in the last paragraph of section 2. the contents of and the documents which should accompany the petition shall be sufficient ground for the dismissal thereof.

dismiss the petition if it finds the same to be patently without merit.  A copy thereof shall be served on the petitioner. The comment shall be filed within ten (10) days from notice 2. and (b) state the reasons why the petition should be denied or dismissed.  and proof of such service shall be filed with the Court of Appeals. (6a) --------------------------------------------------------------------------------------------------------------- Section 9. upon the expiration of the period for the filing thereof. otherwise. (9a) --------------------------------------------------------------------------------------------------------------- Section 10.  when supported by substantial evidence. — . The comment shall (a) point out insufficiencies or inaccuracies in petitioner's statement of facts and issues. Transmittal of record. it shall dismiss the same. upon the filing of the comment or such other pleadings or documents as may be required or allowed by the Court of Appeals or 2. file a comment on the petition not a motion to dismiss. or 2. (n) --------------------------------------------------------------------------------------------------------------- Section 11. 1. judgment. . final order or resolution sought to be reviewed. in seven (7) legible copies and 3.  The findings of fact  of the court or agency concerned. — 1. prosecuted manifestly for delay. Contents of comment. accompanied by clearly legible certified true copies of such material portions of the record referred to therein together with other supporting papers. Due course. or that the questions raised therein are too unsubstantial to require consideration. . and 3. — If 1. it may give due course to the petition.  shall be BINDING on the Court of Appeals. on the records 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. within ten (10) days from notice.

The case shall be deemed submitted for decision upon the  filing of the last pleading  or memorandum required by these Rules or by the court of Appeals.  the Court of Appeals may require the court or agency o concerned to transmit the original or a legible certified true copy of the entire record of the proceeding under review. set the case for oral argument or 2. judgment. require the parties to submit memoranda within a period of fifteen (15) days from notice. final order or resolution sought to be reviewed (XP) unless the Court of Appeals shall direct otherwise upon such terms as it may deem just. o The record to be transmitted may be abridged by agreement of all parties to the proceeding. Submission for decision. (10a) --------------------------------------------------------------------------------------------------------------- Section 13. (8a) --------------------------------------------------------------------------------------------------------------- Section 12. — If the petition is given due course. o The Court of Appeals may require or permit subsequent correction of or addition to the record. the Court of Appeals may 1. — (GR) The appeal SHALL NOT STAY the award. (n) ************************************************************************************ .Within fifteen (15) days from notice that the petition has been given due course. Effect of appeal.

PROCEDURE IN THE COURT OF APPEALS RULE 44 Ordinary Appealed Cases Section 1. R46) --------------------------------------------------------------------------------------------------------------- . Order of transmittal of record. filed with the court. R46) --------------------------------------------------------------------------------------------------------------- Section 2. — The counsel and guardians ad litem of the parties in the court of origin shall be respectively considered as their counsel and guardians ad litem in the Court of Appeals. the title of the case shall remain as it was in the court of origin. — If the original record or the record on appeal  is not transmitted to the Court of Appeals  within thirty (30) days after the perfection of the appeal. notice thereof shall be 1. (3a. Counsel and guardians. R46) --------------------------------------------------------------------------------------------------------------- Section 3. — In all cases appealed to the Court of Appeals under Rule 41. When others appear or are appointed. Title of cases.  either party may o file a motion with the trial court. o for the transmittal of such record or record on appeal. (2a. but the party appealing the case shall be further referred to as the appellant and the adverse party as the appellee. o with notice to the other. (1a. served immediately on the adverse party and 2.

3. (4a. the record on appeal and 3. (n) --------------------------------------------------------------------------------------------------------------- Section 5. (n) --------------------------------------------------------------------------------------------------------------- Section 6. 2. Any unauthorized 1. Dispensing with complete record. It shall be the duty of said court to take appropriate action towards the completion of the record within the shortest possible time. so inform said court and 2. together with the proof of service of two (2) copies thereof upon the appellee. — Upon receiving the 1. the appellant. the clerk of court of the Court of Appeals shall 1docket the case and 2notify the parties thereof. 1. Docketing of case. in appeals by record on appeal. the clerk of court of the Court of Appeals shall 1. Completion of record. addition in the approved record on appeal shall be a ground for dismissal of the appeal. R46) Within ten (10) days from receipt of said notice. 4. recommend to it measures necessary to complete the record. alteration. omission or 3. as well as the proof of payment of the docket and other lawful fees. — . 2.Section 4. original record or 2. 4. the accompanying documents and exhibits transmitted by the lower court. — Where the record of the docketed case is incomplete. shall file with the clerk of court seven (7) clearly legible copies of the approved record on appeal.

R46) --------------------------------------------------------------------------------------------------------------- Section 9.  Where the completion of the record  could not be accomplished  within a sufficient period allotted for said purpose  due to insuperable or extremely difficult causes. — 1. the appellee shall file with the court seven (7) copies of his legibly typewritten. within forty-five (45) days from receipt of the notice of the clerk that all the evidence. the court. Within forty-five (45) days from receipt of the appellant's brief. and . on motion of any of the parties. (10a. mimeographed or printed brief. (n) --------------------------------------------------------------------------------------------------------------- Section 7. Appellant's reply brief. oral and documentary. R46) . (11a. — Within twenty (20) days from receipt of the appellee's brief. own motion or 2. on its 1. . seven (7) copies of his legibly typewritten. file with the court. 2. R46) --------------------------------------------------------------------------------------------------------------- Section 8. shall issue an order explaining the reasons for such declaration. 2. 4. are sufficient to decide the issues raised in the appeal. may declare that the record and its accompanying transcripts and exhibits so far available . 3. with proof of service of two (2) copies thereof upon the appellant. with proof of service of two (2) copies thereof upon the appellee. are attached to the record. Appellant's brief. Appellee's brief. mimeographed or printed brief. the appellant may file a reply brief answering points in the appellee's brief not covered in his main brief. — It shall be the duty of the appellant to 1. 3. (12a.

oral and documentary. certiorari. (14a. habeas corpus cases. Several appellants or appellees or several counsel for each party. (13a. 2. 4. copies of the brief may be served upon any of them. is already attached to the record. the parties shall file in lieu of briefs. and 2. prohibition. — In 1.  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. (15. When several counsel represent one appellant or appellee. Extension of time for filing briefs. for good and sufficient cause. mandamus. — Where there are several appellants or appellees. 3. — Extension of time for the filing of briefs will not be allowed. R46) --------------------------------------------------------------------------------------------------------------- Section 12. (n) --------------------------------------------------------------------------------------------------------------- Section 11. each counsel representing one or more but not all of them shall be served with only one copy of the briefs. R46) The failure of the appellant to file his memorandum within the period therefor may be a ground for dismissal of the appeal. quo warranto and 5. Time of filing memoranda in special cases. except 1. only if the motion for extension is filed before the expiration of the time sought to be extended. R46) --------------------------------------------------------------------------------------------------------------- .--------------------------------------------------------------------------------------------------------------- Section 10.

the following: (a) A subject index of the matter in the brief  with a digest of the arguments  and page references.Section 13.  which errors shall be separately. — The appellant's brief shall contain. (d) Under the heading "Statement of Facts.  and a table of cases alphabetically arranged. Contents of appellant's brief. distinctly and concisely stated  without repetition and  numbered consecutively. (c) Under the heading "Statement of the Case. (b) An assignment of errors  intended to be urged. .  the nature of the judgment  and any other matters necessary to an understanding of the nature of the controversy  with page references to the record. (f) Under the heading "Argument.  with page references to the record.  a summary of the proceedings.  together with the substance of the proof relating thereto  in sufficient detail to make it  clearly intelligible."  a clear and concise statement of the nature of the action. (e) A clear and concise statement of the issues of fact or law to be submitted."  the appellant's arguments on each assignment of error  with page references to the record.  the appealed rulings and orders of the court. in the order herein indicated. to the court for its judgment.  textbooks and statutes cited  with references to the pages where they are cited."  a clear and concise statement in a narrative form  of the facts admitted by both parties  and of those in controversy.

"  the appellee shall set forth his arguments in the case  on each assignment of error  with page references to the record." he shall point out such insufficiencies or inaccuracies as he believes exist in the appellant's statement of facts  with references to the pages of the record in support thereof. textbooks and statutes cited with references to the pages where they are cited. — The appellee's brief shall contain."  the appellee shall state that he accepts the statement of facts in the appellant's brief.  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.  the appellant's brief shall contain. in the order herein indicated the following: (a) A subject index of the matter in the brief with a digest of the arguments and page references. Contents of appellee's brief. but without repetition of matters in the appellant's statement of facts. and (h) In cases not brought up by record on appeal. a copy of the judgment or final order appealed from.  or under the heading "Counter-Statement of Facts."  a specification of the order or judgment which the appellant seeks. (b) Under the heading "Statement of Facts. R46) --------------------------------------------------------------------------------------------------------------- Section 14.  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. R46) --------------------------------------------------------------------------------------------------------------- . (g) Under the heading "Relief. (16a. (17a. as an appendix. and a table of cases alphabetically arranged. and (c) Under the heading "Argument.

Section 15. Questions that may be raised on appeal. (18. raised in the court below and 2. which is within the issues framed by the parties. R46) ************************************************************************************* . — Whether or not the appellant has filed a motion for new trial in the court below he may include in his assignment of errors any question of law or fact that has been 1.

2. the Regional Trial Court or 4. . — Unless he has theretofore done so. Filing of petition with Supreme Court. (1a. 5a) --------------------------------------------------------------------------------------------------------------- Section 3. Time for filing. 2.RULE 45 Appeal by Certiorari to the Supreme Court Section 1. extension. the Supreme Court may for justifiable reasons grant an extension of thirty (30) days only within which to file the petition. 3. Court of Appeals. proof of service of petition. motion duly filed and served. — The petition shall be filed within fifteen (15) days from notice of 1. of the denial of the petitioner's motion for new trial or reconsideration filed in due time after notice of the judgment. 2a) --------------------------------------------------------------------------------------------------------------- Section 2. — A party desiring to appeal by certiorari from a judgment or final order or resolution of the 1. The petition shall raise ONLY QUESTIONS OF LAW which must be distinctly set forth.00 for costs at the time of the filing of the petition. the Sandiganbayan. Docket and other lawful fees. the deposit for costs before the expiration of the reglementary period. the petitioner shall pay the corresponding docket and other lawful fees to the clerk of court of the Supreme Court 2. the judgment or final order or resolution appealed from. On 1. may file with the Supreme Court a verified petition for review on certiorari. (1a. and deposit the amount of P500. 1. other courts whenever authorized by law. with full payment of the docket and other lawful fees and 3. or 2.

thereof on the lower court concerned and on the adverse party shall be submitted together with the petition.  when a motion for new trial or reconsideration. — The failure of the petitioner to comply with any of the foregoing requirements regarding the . 2. and (e) contain a sworn certification against forum shopping as provided in the last paragraph of section 2. Rule 42. if any. (2a) --------------------------------------------------------------------------------------------------------------- Section 5. (b) indicate the material dates showing  when notice of the judgment or final order or resolution subject thereof was received. (1a) --------------------------------------------------------------------------------------------------------------- Section 4.Proof of service of a copy. — The petition shall be 1. Dismissal or denial of petition. or a certified true copy o of the judgment or final order or resolution certified by the clerk of court of the court a quo o and the requisite number of plain copies thereof. was filed and when notice of the denial thereof was received.  and the reasons or arguments relied on for the allowance of the petition. filed in eighteen (18) copies. with the original copy intended for the court being indicated as such by the petitioner and shall (a) state the full name of the appealing party as the petitioner and the adverse party as respondent. (c) set forth concisely  a statement of the matters involved. (d) be accompanied by  a clearly legible duplicate original. without impleading the lower courts or judges thereof either as petitioners or respondents. Contents of petition. and such material portions of the record as would support the petition.

1. — For purposes of determining whether the petition should be . (3a) --------------------------------------------------------------------------------------------------------------- Section 6. The Supreme Court may on its own initiative deny the petition on the ground that the appeal is 1. Pleadings and documents that may be required. or is 2. has decided a question of substance. payment of the docket and other lawful fees. (4a) --------------------------------------------------------------------------------------------------------------- Section 7. Review discretionary. has so far departed from the accepted and usual course of judicial proceedings. not theretofore determined by the Supreme Court. 3. prosecuted manifestly for delay. or 3. or 3. 2. — A review is  not a matter of right. as to call for an exercise of the power of supervision. indicate the character of the reasons which will be considered: (a) When the court a quo 1. deposit for costs. has decided it in a way probably not in accord with law or with the applicable decisions of the Supreme Court. while neither controlling nor fully measuring the court's discretion. or so far sanctioned such departure by a lower court. 2. without merit. proof of service of the petition. sanctions. and 4.  but of sound judicial discretion.  and will be granted only when there are special and important reasons thereof. 4. the contents of and the documents which should accompany the petition shall be sufficient ground for the dismissal thereof. The following. that the questions raised therein are too unsubstantial to require consideration.

— If the petition is given due course. specified parts thereof within fifteen (15) days from notice. impose the corresponding sanctions in case of non-filing or unauthorized filing of such pleadings and documents or non-compliance with the conditions therefor. (XP) except in criminal cases where the penalty imposed is death. 1. — (GR) The mode of appeal prescribed in this Rule shall be applicable to both civil and criminal cases. dismissed or 2. memoranda or documents as it may deem necessary within such periods and under such conditions as it may consider appropriate. (2a) --------------------------------------------------------------------------------------------------------------- Section 9. Due course. complete record of the case or 2. briefs. (n) . denied pursuant to section 5 of this Rule. the Supreme Court may 1. and 2. require or allow the filing of such pleadings. (n) --------------------------------------------------------------------------------------------------------------- Section 8. reclusion perpetua or life imprisonment. where the petition is given due course under section 8 hereof. Rule applicable to both civil and criminal cases. or 3. the Supreme Court may require the elevation of the 1. elevation of records.