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APPEALS (JM Cruz Notes in Remedial Law Review I by Atty. M.

Riguera)

RULE 40 RULE 41 RULE 42 RULE 43 RULE 45


MTC to RTC RTC RTC Quasi-judicial CA,
(exercising its (exercising its bodies to CA Sandiganbayan,
original appellate RTC (questions
jurisdiction) to jurisdiction) to of law), CTA en
CA CA banc, and CA,
Sandiganbayan
and RTC in writ
of amparo or
writ of habeas
data case.
Appellate court cannot refuse Appellate court has discretion to give due course in
when appeal is a matter of right the appeal
EX’N: patently without merit, clearly dilatory, issues
raised are too unsubstantial to require consideration

How to take an appeal: How to take an appeal:


1. Notice of appeal, or Verified petition for review with certificate of non-
2. Notice of appeal and forum shopping
record on appeal
Period Period Period Period
1. Within 15 days from notice Within 15 days Same as in Within 15 days
of judgment/ final order from notice of Rule 42 from notice of
2. When record on appeal is judgment/ final judgment/ final
required, within 30 days order order
from notice of judgment/ 1st extension:
final order 15 days Extension: 30
Others: 2nd extension: days (justifiable
Habeas Corpus: 48 hours 15 days (most reason)
Writ of Amparo/ Data: 5 days compelling
reason)

Neypes Rule: Where a motion for reconsideration or new trial is filed and then denied,
the movant has a fresh period of 15 days to file the notice of appeal, counted from
receipt of the order denying the motion for reconsideration or or new trial.

Yu v. Tatad: Neypes Rule also apply to criminal cases

Other Rules:
RTC as land registration court > CA (Rule 41)
RTC as special agrarian court > CA (Rule 42)
Criminal cases (pure Qs of law) > CA
Civil cases (pure Qs of law) > SC