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Rule 40 Rule 41 Rule 42 Rule 43 Rule 45

Appeal From Municipal Trial Appeal From The Regional Trial Courts Petition for Review From the Regional Appeals From the Court of Tax Appeals Appeal by Certiorari to the Supreme Court
Courts to the Regional Trial Trial Courts to the Court of Appeals and Quasi-Judicial Agencies to the Court
Courts of Appeals

Where to An appeal from a judgment or (a) Ordinary appeal. — The appeal to CA An appeal under this Rule may be taken A party desiring to appeal by certiorari from a judgment
appeal? final order of a Municipal Trial the Court of Appeals in cases decided by the to the Court of Appeals within the period or final order or resolution of the Court of Appeals, the
Court may be taken to the Regional Trial Court in the exercise of its and in the manner herein provided, Sandiganbayan, the Regional Trial Court or other courts
Regional Trial Court exercising original jurisdiction shall be taken by filing a whether the appeal involves questions of whenever authorized by law, may file with the Supreme
jurisdiction over the area to notice of appeal with the court which fact, of law, or mixed questions of fact Court a verified petition for review on certiorari. The
which the former pertains. rendered the judgment or final order and law. petition shall raise only questions of law which must be
appealed from and serving a copy thereof distinctly set forth.
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 on
certiorari in accordance with the Rule 45.
When to An appeal may be taken within The appeal shall be taken within fifteen (15) The petition shall be filed and served The appeal shall be taken within fifteen The petition shall be filed within fifteen (15) days from
appeal? fifteen (15) days after notice to days from notice of the judgment or final within fifteen (15) days from notice of (15) days from notice of the award, notice of the judgment or final order or resolution
the appellant of the judgment order appealed from. Where a record on the decision sought to be reviewed or judgment, final order or resolution, or appealed from, or of the denial of the petitioner's motion
or final order appealed from. appeal is required, the appellant shall file a of the denial of petitioner's motion for from the date of its last publication, if for new trial or reconsideration filed in due time after
Where a record on appeal is notice of appeal and a record on appeal within new trial or reconsideration filed in publication is required by law for its notice of the judgment. On motion duly filed and served,
required, the appellant shall file thirty (30) days from notice of the judgment or due time after judgment. effectivity, or of the denial of petitioner's with full payment of the docket and other lawful fees and
a notice of appeal and a record final order. motion for new trial or reconsideration the deposit for costs before the expiration of the
on appeal within thirty (30) days duly filed in accordance with the reglementary period, the Supreme Court may for
after notice of the judgment or The period of appeal shall be interrupted by a governing law of the court or agency a justifiable reasons grant an extension of thirty (30) days
final order. timely motion for new trial or reconsideration. quo. only within which to file the petition.
No motion for extension of time to file a
motion for new trial or reconsideration shall
be allowed.
How to appeal? The appeal is taken by
1. file a verified petition for review 1. filing a verified petition for review in 1. filing a verified petition for review on certiorari
1. filing a notice of appeal with with the Court of Appeals seven (7) legible copies with the Court of
the court that rendered the Appeals, 2. Proof of service of a copy, thereof on the lower court
judgment or final order 2. paying at the same time to the clerk concerned and on the adverse party shall be submitted
appealed from. of said court the corresponding docket 2. with proof of service of a copy thereof together with the petition.
A record on appeal shall be and other lawful fees, on the adverse party and on the court or
required only in special agency a quo. The original copy of the 3. depositing the amount of P500.00 for costs
proceedings and in other cases 3. depositing the amount of P500.00 petition intended for the Court of Appeals
of multiple or separate appeals. for costs shall be indicated as such by the 4. furnishing the Regional Trial Court and the adverse
petitioner. party with a copy of the petition
4. furnishing the Regional Trial Court
2. Copies of the notice of and the adverse party with a copy of 3. depositing the amount of P500.00 for 5. accompanied by certificate of non-forum shopping
appeal, and the record on the petition costs
appeal where required, shall be
served on the adverse party. 5. accompanied by certificate of non- 4. furnishing the Regional Trial Court and
forum shopping the adverse party with a copy of the
3. payment of the full amount of petition
the appellate court docket and
other lawful fees 5. accompanied by certificate of non-
forum shopping
4. with certificate of non-forum
shopping
Due Course If upon the filing of the comment or If upon the filing of the comment or such If the petition is given due course, the Supreme Court
such other pleadings as the court may other pleadings or documents as may be may require the elevation of the complete record of the
allow or require, or after the required or allowed by the Court of case or specified parts thereof within fifteen (15) days
expiration of the period for the filing Appeals or upon the expiration of the from notice.
thereof without such comment or period for the filing thereof, and on the
pleading having been submitted, the records the Court of Appeals finds prima
Court of Appeals finds prima facie that facie that the court or agency concerned
the lower court has committed an has committed errors of fact or law that
error of fact or law that will warrant a would warrant reversal or modification of
reversal or modification of the the award, judgment, final order or
appealed decision, it may accordingly resolution sought to be reviewed, it may
give due course to the petition. give due course to the petition;
otherwise, it shall dismiss the same. The
findings of fact of the court or agency
concerned, when supported by
substantial evidence, shall be binding on
the Court of Appeals.
Action of Court The Court of Appeals may require the The Court of Appeals may require the
respondent to file a comment on the respondent to file a comment on the
petition, not a motion to dismiss, petition not a motion to dismiss, within
within ten (10) days from notice, or ten (10) days from notice, or dismiss the
dismiss the petition if it finds the same petition if it finds the same to be patently
to be patently without merit, without merit, prosecuted manifestly for
prosecuted manifestly for delay, or delay, or that the questions raised therein
that the questions raised therein are are too unsubstantial to require
too insubstantial to require consideration.
consideration.
Effect of Appeal A party's appeal by notice of A party's appeal by notice of appeal is deemed Upon the timely filing of a petition for The appeal shall not stay the award,
appeal is deemed perfected as perfected as to him upon the filing of the review and the payment of the judgment, final order or resolution
to him upon the filing of the notice of appeal in due time. corresponding docket and other lawful sought to be reviewed unless the Court of
notice of appeal in due time. fees, the appeal is deemed perfected Appeals shall direct otherwise upon such
A party's appeal by record on appeal is as to the petitioner. terms as it may deem just.
A party's appeal by record on deemed perfected as to him with respect to
appeal is deemed perfected as the subject matter thereof upon the approval The Regional Trial Court loses
to him with respect to the of the record on appeal filed in due time. jurisdiction over the case upon the
subject matter thereof upon the perfection of the appeals filed in due
approval of the record on In appeals by notice of appeal, the court loses time and the expiration of the time to
appeal filed in due time. jurisdiction over the case upon the perfection appeal of the other parties.
of the appeals filed in due time and the
In appeals by notice of appeal, expiration of the time to appeal of the other However, before the Court of Appeals
the court loses jurisdiction over parties. gives due course to the petition, the
the case upon the perfection of Regional Trial Court may issue orders
the appeals filed in due time In appeals by record on appeal, the court loses for the protection and preservation of
and the expiration of the time jurisdiction only over the subject matter the rights of the parties which do not
to appeal of the other parties. thereof upon the approval of the records on involve any matter litigated by the
appeal filed in due time and the expiration of appeal, approve compromises, permit
In appeals by record on appeal, the appeal of the other parties. appeals of indigent litigants, order
the court loses jurisdiction only execution pending appeal in
over the subject matter thereof accordance with section 2 of Rule 39,
upon the approval of the and allow withdrawal of the appeal.
records on appeal filed in due
time and the expiration of the (b) Except in civil cases
appeal of the other parties. decided under the Rule on Summary
Procedure, the appeal shall stay the
judgment or final order unless the
Court of Appeals, the law, or these
Rules shall provide otherwise.
Submission for If the petition is given due course, the If the petition is given due course, the
decision Court of Appeals may set the case for Court of Appeals may set the case for oral
oral argument or require the parties to argument or require the parties to submit
submit memoranda within a period of memoranda within a period of fifteen
fifteen (15) days from notice. The case (15) days from notice. The case shall be
shall be deemed submitted for deemed submitted for decision upon the
decision upon the filing of the last filing of the last pleading or
pleading or memorandum required by memorandum required by these Rules or
these Rules or by the court itself. by the court of Appeals.
Rule 44 Rule 46 Rule 47
Ordinary Appealed Cases Original Cases Annulment of Judgments of Final Orders and Resolutions

To what actions applicable In all cases appealed to the Court of In all cases originally filed in the Court of This Rule shall govern the annulment by the Court of Appeals
Appeals under Rule 41 Appeals, this Rule shall apply to original of judgments or final orders and resolutions in civil actions of
actions for certiorari, prohibition, mandamus Regional Trial Courts for which the ordinary remedies of new
and quo warranto trial, appeal, petition for relief or other appropriate remedies
are no longer available through no fault of the petitioner.

The annulment may be based only on the grounds of extrinsic


fraud and lack of jurisdiction.
Period for filing action. If based on extrinsic fraud, the action must be filed within four
(4) years from its discovery; and if based on lack of
jurisdiction, before it is barred by laches or estoppel.

Jurisdiction over person of The court shall acquire jurisdiction over the
respondent, how acquired. person of the respondent by the service on
him of its order or resolution indicating its
initial action on the petition or by his
voluntary submission to such jurisdiction.
Action by the court The court may dismiss the petition outright Should the court find no substantial merit in the petition, the
with specific reasons for such dismissal or same may be dismissed outright with specific reasons for such
require the respondent to file a comment on dismissal.
the same within ten (10) days from notice.
Only pleadings required by the court shall be Should prima facie merit be found in the petition, the same
allowed. All other pleadings and papers, may shall be given due course and summons shall be served on the
be filed only with leave of court. respondent.
Effect of judgment. A judgment of annulment shall set aside the questioned
judgment or final order or resolution and render the same null
and void, without prejudice to the original action being refiled
in the proper court. However, where the judgment or final
order or resolution is set aside on the ground of extrinsic
fraud, the court may on motion order the trial court to try the
case as if a timely motion for new trial had been granted
therein.

An action to annul a judgment or final order of a Municipal


Trial Court shall be filed in the Regional Trial Court having
jurisdiction over the former. It shall be treated as an ordinary
civil action and sections 2, 3, 4, 7, 8 and 9 of this Rule shall be
applicable thereto.