Guide to Appellate Pleadings

Rule 40. – Appeal from MTC to RTC.
Via Notice of Appeal – 15 days.
1. Parties
2. Judgment or final order or part thereof appealed from,
3. Material dates showing the timeliness of the appeal.
4. Grounds.

Appellant’s Memorandum – 15 days. Non-filing is ground to
dismiss the appeal.
Appellee’s Memorandum – 15 days from receipt of Appellant’s
Memorandum.

Record on appeal – 30 days:
1. Notice of appeal (see above) and
2. Record on appeal.

RULE 41 - APPEAL FROM THE REGIONAL TRIAL
COURTS TO THE COURT OF APPEALS.

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 reconsidera¬tion;
(b) An order denying a petition for relief or any similar motion
seeking relief from judgment;
(c) An interlocutory order;
(d) An order disallowing or dismissing an appeal;
(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 final order is
not appealable, the aggrieved party may file an appropriate
special civil action under Rule 65. (n)

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

In such cases. 2.where the law or these Rules so require.— 15 days. and 4. copies of only such pleadings. the record -on appeal shall be filed and served in like manner. form and contents thereof— 1. the appeal shall be to the Supreme Court by petition for review on certiorari in accordance with Rule 45.—In all cases where only questions of law are raised or involved. Appeal from RTC to CA. Record on appeal. 2. 3. . (n) Rule 41. Full names of all the parties to the proceedings shall be stated in the caption of the record on appeal.- Notice of appeal. (c) Appeal by certiorari. In chronological order. The court to which the appeal is being taken.—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. Material dates showing the timeliness of the appeal. 3. petitions. Judgment or final order from which the appeal is taken and. Pay appeal fees to RTC OCC. (b) Petition for review. together with such data as will show that the appeal was perfected on time. 1. Parties to the appeal. motions and all interlocutory orders as are related to the appealed judgment or final order for the proper understanding of the issue involved. Judgment or final order or part thereof appealed from.

a statement to that effect will be sufficient without mentioning the names of the witnesses or the numbers or letters of exhibits. in their proper chronological sequence. (7a) . 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.4. 2. (6a) Approval of record on appeal — 1. 5. 7. or such extension thereof as may be granted. the record on appeal shall include by reference all the evidence. If the whole testimonial and documentary evidence in the case is to be included. 6. upon notice to the appellee. such additional matters as the court may have directed him to incorporate. or if no time is fixed by the order within ten (10) days from receipt thereof. Every record on appeal exceeding twenty (20) pages must contain a subject index. the appellant. the trial court may approve it as presented or upon its own motion or at the instance of the appellee. If the trial court orders the amendment of the record. If an issue of fact is to be raised 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. within the time limited in the order. in like manner as the original draft. taken upon the issue involved. testimonial and documentary. and the testimonial evidence by the names of the corresponding witnesses. 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 the appeal. and shall thereupon submit the redrafted record for approval. shall redraft the record by including therein.

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 record on appeal.—Where both parties are appellants. 5.4. 5. 3.1. or that fixed by the court. .3. 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. the court 5. and 5. they may file a joint record on appeal within the time fixed by section 3 of this Rule. prior to the transmittal of the original record or the record on appeal. 5. Perfection of appeal. allow withdrawal of the appeal. approve compromises. In either case. 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 time to appeal of the other parties.2. may issue orders for the protection and preservation of the rights of the parties which do not involve any matter litigated by the appeal.5. effect thereof— 1.Joint record on appeal. 5. order execution pending appeal in accordance with section 2 of Rule 39. 4. 2. permit appeals of indigent litigants. In appeals by notice of appeal. the court loses jurisdiction over the case upon the perfection of the appeals filed in due time and the expiration of the time to appeal of the other parties.

— 1. 2. Furnishing the Regional Trial Court and the adverse party with a copy of the petition. . Paying at the same time to the CA clerk of court the corresponding docket and other lawful fees and costs. 3. No further extension shall be granted except for the most compelling reason and in no case to exceed fifteen (15) days. With the original copy intended for the court being indicated as such by the petitioner. (n) Form and contents of Petition For Review. the Court of Appeals may grant an additional period of fifteen (15) days only within which to file the petition for review. 4. Full names of the parties to the case. Verified petition for review with the Court of Appeals – 15 days. and 3. 2.PETITION FOR REVIEW FROM THE REGIONAL TRIAL COURTS TO THE COURT OF APPEALS How appeal taken. 4. without impleading the lower courts or judges thereof either as petitioners or respondents. time for filing. Specific material dates showing that it was filed on time. Upon proper motion and the payment of the full amount of the docket and other lawful fees and the deposit for costs before the expiration of the reglementary period. Verified petition seven (7) legible copies. 5.RULE 42 .— 1.

Accompanied by certified true copies of such material portions of the record referred to therein together with other supporting papers and . Reasons or arguments relied upon for the allowance of the appeal. certified correct by the clerk of court of the Regional Trial Court. 6. allegedly committed by the Regional Trial Court. not a motion to dismiss. Explanation Action on the petition. the requisite number of plain copies thereof and of the pleadings and other material portions of the record as would support the allegations of the petition. or dismiss the petition if it finds the same to be patently without merit. Specification of errors of fact or law. prosecuted manifestly for delay. within ten (10) days from notice. Verification and Anti-Forum Shopping Certification under oath 11.—The Court of Appeals may require the respondent to file a comment on the petition. Issues raised. 1. 12. Affidavit of Service – Adverse parties. or that the questions raised therein are too unsubstantial to require consideration.5. 9. or both. Accompanied by clearly legible duplicate originals or true copies of the judgments or final orders of both lower courts. 7. and 8. CD of pleadings and annexes (PDF format) 13.— seven (7) legible copies. 10. Lower Court. (n) Contents of comment. Statement of the maters involved.

—If 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. Due course. it may accordingly give due course to the petition. 3. Explanation. Point out such insufficiencies or inaccuracies as he believes exist in petitioner’s statement of matters involved but without repetition. effect thereof — (a) Upon the timely filing of a petition for review and the payment of the corresponding docket and other lawful fees. CD of pleading and annexes (PDF format).2. 9. Verification and AFS Certif optional/not mandatory. State whether or not he accepts the statement of matters involved in the petition. State the reasons why the petition should not be given due course. Elevation of record. 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. and 4. 7.(n) Perfection of appeal. the appeal is deemed perfected as to the petitioner. A copy thereof shall be served on the petitioner. 5. 6. 8.—Whenever the Court of Appeals deems it necessary. Affidavit of Service. .

— Rule 43 applies to appeals from judgments or final orders of the: 1. the Regional Trial 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. the law. (b) Except in civil cases decided under the Rule on Summary Procedure. Submission for decision. permit appeals of indigent litigants. RULE 43 . Or require the parties to submit memoranda within a period of fifteen (15) days from notice.The Regional Trial Court loses jurisdiction over the case upon the perfection of the appeals filed in due time and the expiration of the time to appeal of the other parties.APPEALS FROM THE COURT OF TAX APPEALS AND QUASI-JUDICIAL AGENCIES TO THE COURT OF APPEALS Scope. approve corn- promises. before the Court of Appeals gives due course to the petition. For oral argument 2. or these Rules shall provide other¬wise. order execution pending appeal in accordance with section 2 of Rule 39. the Court of Appeals may set the case 1. Court of Tax Appeals and .— If the petition is given due course. the appeal shall stay the judgment or final order unless the Court of Appeals. and allow withdrawal of the appeal. However.

7. 2.2. 2. 2.— Rule 43 does not apply to judgments or final orders issued under the Labor Code of the Philippines – i. Philippine Atomic Energy Commission. Bureau of Patents. Government Service Insurance System.6.1.3. National Electrification Administration. 2. Voluntary arbitrators authorized by law.14. and 2. 2.20.11.. Construction Industry Arbitration Commission. 2. Office of the President. NLRC En Banc/Division. Any quasi-judicial agency in the exercise of its quasi-judicial functions.4.5. Labor Arbiter. Agricultural Inventions Board.18. 2. .16. 2. 2.15.9. 2.17.2. Central Board of Assessment Appeals. Land Registration Authority. Civil Aeronautics Board. 2. Social Security Commission. 6657. Energy Regulatory Board.8. National Telecommunications Commission.— Fifteen (15) days.e. 2. Insurance Commission. Trademarks and Technology Transfer. 2. 2. 2. Department of Agrarian Reform under Republic Act No. Period of appeal. Securities and Exchange Commission. 2.13. Board of Investments.10. 2. 2.19. Cases not covered. Civil Service Commission. Employees Compensation Commission.12. 2.

must pay the docket fees/deposit w/in 15 days. 2.1. 3. 3. 5. Issues involved 5. 3. 2. Seven (7) legible copies with the Court of Appeals. If denied. Pay the appeal docket fee with the CA.. Proof of service of a copy thereof on the adverse party and on the court or agency a quo. the petitioner shall pay to the CA clerk of court the docketing and other lawful fees and deposit for costs. Only one (1) motion for reconsideration shall be allowed. The original copy of the petition intended for the Court of Appeals shall be indicated as such by the petitioner. . No further extension shall be granted except for the most compelling reason and in no case to exceed fifteen (15) days. without impleading the court or agencies either as petitioners or respondents. Court of Appeals may grant an additional period of fifteen (15) days only within which to file the petition for review. How appeal taken. Grounds relied upon for the review.— Verified petition for review 1. Full names of the parties to the case.— 1. 2. Exemption from payment of docketing and other lawful fees and the deposit for costs may be granted by the Court of Appeals upon averified motion setting forth valid grounds therefor. Upon the filing of the petition. Specific material dates showing that it was filed within the period fixed herein. Contents of the Petition. 4. Concise statement of the facts 4. 4.

Point out insufficiencies or inaccuracies in petitioner’s statement of facts and issues. judgment. 2. Certified true copies of such material portions of the record referred to therein and other supporting papers.3. 3. to be patently without merit.—The Court of Appeals may 1. Contents of Comment. 2. Affidavit of service . prosecuted manifestly for delay.— Seven (7) legible copies 1. Explanation 10. 2013. 2. Accompanied by clearly legible certified true copies of such material portions of the record referred to therein together with other supporting papers.2. Require the respondent to file a comment on the petition.1. 27. 9. State the reasons why the petition should be denied or dismissed. 8. or that the questions raised therein are too unsubstantial to require consideration. Accompanied by a clearly legible duplicate original or a certified true copy of the award. CD of pleading and annexes (PDF format) – not yet applied as of Dec. within ten (10) days from notice. not a motion to dismiss. 4. final order or resolution appealed from. Or dismiss the petition if it finds the same 2. Verification and AFS Certif. 5.6. 7. Action on the petition. 2. A copy thereof shall be served on the petitioner.

Effect of appeal—The appeal shall not stay the award.The findings of fact of the court or agency concerned.—If 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. final order of resolution sought to be reviewed unless the Court of Appeals shall direct otherwise upon such terms as it may deem just. judgment. . CD of pleading/annexes – not yet mandatory as of Dec. it shall dismiss the same. when supported by substantial evidence. Explanation 7. otherwise.—If the petition is given due course. shall be binding on the Court of Appeals. Submission for decision. . judgment. Factual Findings. final order or resolution sought to be reviewed. 27. 2013. Remedy – Integrate a motion for TRO in the petition for review.6. the Court of Appeals may set the case for oral argument or require the parties to submit memoranda within a period of fifteen (15) days from notice. Due course. it may give due course to the petition.

ORDINARY APPEALED CASES Appellant’s brief. Seven (7) copies. prohibition. Appellee’s brief—Forty-five (45) days from receipt of the appellant’s brief. the parties shall file. Seven (7) copies. With proof of service of two (2) copies thereof upon the appellant.—Twenty (20) days from receipt of the appellee’s brief. With proof of service of two (2) copies thereof upon the appellee.PROCEDURE IN THE COURT OF APPEALS RULE 44 . . Answer points in the appellee’s brief not covered in his main brief of appellant.—In certiorari. in lieu of briefs. quo warranto and habeas corpus cases. Time of filing memoranda in special cases.— Forty-five (45) days to file from receipt of notice from CA. Appellant’s reply brief. oral and documentary. is already attached to the record. 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. mandamus.

and >table of cases alphabetically arranged. . (b) Assignment of errors numbered consecutively. (c) “Statement of the Case” . except for good and sufficient cause. textbooks and statutes cited with references to the pages where they are cited. > appealed rulings and orders of the court. Contents of appellant’s brief. Extension of time for filing briefs.Failure of the appellant to file his memorandum within the period therefor may be a ground for dismissal of the appeal.—Extension of time for the filing of briefs will not be allowed.a clear and concise statement of >nature of the action. and only if the motion for extension is filed before the expiration of the time sought to be extended.— In the order herein indicated: (a) A subject index of the matter in the brief >with a digest of the arguments and page references. >nature of the judgment and >any other matters necessary to an understanding of the nature of the controversy. >summary of the proceedings.

as an appendix.— In the order herein indicated. a copy of the judgment or final order appealed from.a specification of the order or judgment which the appellant seeks. Contents of appellee’s brief. (e) Statement of the issues of fact or law (f) “Argument” – >Appellant’s arguments on each assignment of error > With page references to the record.>with page references to the record. > With the substance of the proof relating thereto > With page references to the record. (d) “Statement of Facts” – >Facts admitted by both parties > Facts in controversy. and (h) Appellant’s brief shall contain. the following: . > 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: (g) “Relief” .

Appellant may include in his assignment of errors any question of law or fact that has been raised in the court below and which is within the issues framed by the parties.APPEAL BY CERTIORARI TO THE SUPREME COURT Verified petition with Supreme Court.the appellee shall set forth his arguments in the case on each assignment of error with page references to the record. Note . Questions that may be raised on appeal.. but without repetition of matters in the appellant’s statement of facts.Appellee shall state that he accepts the statement of facts in the appellant’s brief. or under the heading “Counter-Statement of Facts. RULE 45 .— Appeal by certiorari from a judgment or final order or resolution of . > 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.(a) Subject Index (b) “Statement of Facts” .” 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. and (c) “Argument” .He cannot raise a new issue for the first time on appeal.

Court of Appeals. extension. with full payment of the docket and other lawful fees and the deposit for costs before the expiration of the reglementary period. On motion duly filed and served. the Sandiganbayan. Time for filing. Regional Trial Court 4. or other courts whenever authorized by law >Verified – jurat must cite govt-issued ID > AFS Certif. or of the denial of the petitioner’s motion for new trial or reconsideration filed in due time after notice of the judgment. 2. PTR #/date. > IBP #. MCLE #.1. IBP Chapter. Attys. Roll No. 3. of Service – jurat must cite govt-issued ID > CD of pleading and annexes (PDF format).—The petition shall be filed within fifteen (15) days from notice of the judgment or final order or resolution appealed from. – jurat must cite govt-issued ID > Raise only questions of law > Explanation > Affid. May be emailed to SC. the Supreme Court may .

when a motion for new trial or reconsideration. without impleading the lower courts or judges thereof either as petitioners or respondents. 1. 4. Verification and AFS certification . Reasons or Arguments relied on for the allowance of the petition. Contents of petition—Eighteen (18) copies. Statement of the matters involved. Original copy intended for the court being indicated as such by the petitioner. Full name of the appealing party as the petitioner and the adverse party as respondent. Material dates showing when notice of the judgment or final order or resolution subject thereof was received. 5. or a certified true copy of the judgment or final order or resolution certified by the clerk of court of the court a quo and the requisite number of plain copies thereof. if any. 6.for justifiable reasons grant an extension of thirty (30) days only within which to file the petition. > and such material portions of the record as would support the petition. was filed and when notice of the denial thereof was received. 3. 2. Accompanied by: >a clearly legible duplicate original.

failure of the petitioner to comply with any of the requirements regarding > payment of the docket and other lawful fees. not theretofore determined by the Supreme Court. deposit for costs. but of sound judicial discretion.—A review is not a matter of right. • is prosecuted manifestly for delay. • that the questions raised therein are too unsubstantial to require consideration. When allowed: (a) When the court a quo has decided a question of substance. > proof of service of the petition.Dismissal or denial of petition by MINUTE RESOLUTION. or has decided . Review discretionary under Rule 45. > the contents of petition > the documents which should accompany the petition > The Supreme Court may on its own initiative deny the petition on the ground that • the appeal is without merit. and will be granted only when there are special and important reasons therefor.— 1.

it in a way probably not in accord with law or with the applicable decisions of the Supreme Court. 2. the Supreme Court may require the elevation of the complete record of the case or specified parts thereof within fifteen (15) days from notice. .— 1. memoranda or documents as it may deem necessary within such periods and under such conditions as it may consider appropriate. Pleadings and documents that may be required. prohibition. elevation of records.ORIGINAL CASES (Court of Appeals) To what actions applicable. It may impose the corresponding sanctions in case of non- filing or unauthorized filing of such pleadings and documents or non¬compliance with the conditions thereof. Supreme Court may require or allow the filing of such pleadings. RULE 46 . mandamus and quo warranto. sanctions. briefs.—This Rule shall apply to original actions forcertiorari. Due course.—If the petition is given due course. or (b) When the court a quo has so far departed from the accepted and usual course of judicial proceedings. as to call for an exercise of the power of supervision. or so far sanctioned such departure by a lower court.

order. Original copy intended for the court indicated as such by the petitioner 9.>Actions for annulment of judgment shall be governed by Rule 47. 3. In actions filed under Rule 65: >material dates showing when notice of the judgment or final order or resolution subject thereof was received. Full names and actual addresses of all the petitioners and respondents. Grounds relied upon for the relief prayed for. Contents and filing of petition. Factual background of the case. prohibition and mandamus by Rule 65. when a motion for new trial or reconsideration. effect of non-compliance with requirements. >Certiorari. Affid. Seven (7) clearly legible copies 7. . resolution. 4. was filed and when notice of the denial thereof was received. 6. if any.—The petition shall contain 1. or ruling subject thereof. of service 8. 5. Concise statement of the matters involved. >Quo warranto by Rule 66. 2. Accompanied by: > a clearly legible duplicate original or certified true copy of the judgment.

10.>such material portions of the record as are referred to therein. Dismissal by minute resolution. Pay the corresponding docket and other lawful fees to the clerk of court and deposit the amount of P500. 12. on the following grounds: . AFS Certif. .—When no comment is filed by any of the respondents.00 for costs at the time of the filing of the petition. Effect of failure to file comment. RULE 50 . >and other documents relevant or pertinent thereto. without prejudice to any disciplinary action which the court may take against the disobedient party. Verification 11.DISMISSAL OF APPEAL (Court of Appeals) Grounds for dismissal of appeal—An appeal may be dismissed by the Court of Appeals.The failure of the petitioner to comply with any of the foregoing requirements shall be sufficient ground for the dismissal of the petition. on its own motion or on that of the appellee. the case may be decided on the basis of the record.

(h) Failure of the appellant to appear at the preliminary conference under Rule 48 or to comply with orders. (e) Failure of the appellant to serve and file the required number of copies of his brief or memorandum within the time provided by these Rules. or directives of the court without justifiable cause. and (i) The fact that order or judgment appealed from is not appealable. (f) Absence of specific assignment of errors in the appellant’s brief. Dismissal of improper appeal to the Court of Appeals . circulars.(a) Failure of the record on appeal to show on its face that the appeal was taken within the period fixed by these Rules. (c) Failure of the appellant to pay the docket and other lawful fees as provided in section 4 of Rule 41. (d) Unauthorized alterations. (g) Failure of the appellant to take the necessary steps for the correction or completion of the record within the time limited by the court in its order. (b) Failure to file the notice of appeal or the record on appeal within the period prescribed by these Rules. (c). omissions or additions in the approved record on appeal as provided in section 4 of Rule 44. or of page references to the record as required in section 13. (d) and (f) of Rule 44. paragraphs (a).

ORIGINAL AND APPEALED CASES A. PROCEDURE IN THE SUPREME COURT RULE 56 . Certiorari.1. 4. issues purely of law not being reviewable by said court. habeas corpus. Original Cases Original cases cognizable. . 3. mandamus. 2. An appeal under Rule 41 taken from the Regional Trial Court to the Court of Appeals raising only questions of law shall be dismissed. prohibition. other public ministers and consuls may be filed originally in the Supreme Court. An appeal by notice of appeal instead of by petition for review from the appellate judgment of a Regional Trial Court shall be dismissed. and cases affecting ambassadors. 5. An appeal erroneously taken to the Court of Appeals shall not be transferred to the appropriate court but shall be dismissed outright. disciplinary proceedings against members of the judiciary and attorneys. 2. Use Rule 45 – petition for review on certiorari directly to the SC. quo warranto. – pure questions of law.— 1. 3.

and (g) The fact that the case is not appealable to the Supreme Court. Disposition of improper appeal. (e) Failure to comply with any circular. (b) Lack of merit in the petition. Grounds for dismissal of appeal. Mateo). directive or order of the Supreme Court without justifiable cause. (c) Failure to pay the requisite docket fee and other lawful fees or to make a deposit for costs. reclusion perpetua or life imprisonment – notice of appeal to the CA (not SC. 2. PP v.B. (f) Error in the choice or mode of appeal. Appealed Cases Mode of appeal—An appeal to the Supreme Court may be taken only by apetition for review on certiorari. death – automatic review. (d) Failure to comply with the requirements regarding proof of service and contents of and the documents which should accompany the petition. >except in criminal cases where the penalty imposed is 1.—The appeal may be dismissed motu proprio or on motion of the respondent: (a) Failure to take the appeal within the reglementary period.— .

or the necessary majority cannot be had: 1. an appeal taken to the Supreme Courtby notice of appeal shall be dismissed. the petition or motion shall be denied. 3. Rule 122 regarding appeals in criminal cases where the penalty imposed is death. 2.Majority vote of SC Division/En Banc needed to reverse decisions and rulings of lower courts. the original action commenced in the court shall be dismissed. Procedure if opinion is equally divided. in appealed cases. and on all incidental matters. Except as provided in section 3.1. The determination of the Supreme Court on whether or not issues of fact are involved shall be final. reclusion perpetua or life imprisonment. the judgment or order appealed from shall stand affirmed. Note . . An appeal by certiorari taken to the Supreme Court from the Regional Trial Court submitting issues of fact may be referred to the Court of Appeals for decision or appropriate action. 2.—Where the court en banc is equally divided in opinion.