COMPARATIVE ANALYSIS OF APPEALS IN CIVIL AND

CRIMINAL CASES IN THE PHILIPPINES

I. INTRODUCTION

JUSTICE SYSTEM IN THE PHILIPPINSES

In the Philippines, our judicial system embodies the saying

that “Justice delayed is justice denied.” As argued by Valenzuela
(2018), “The perception of a continuing failure of the Philippine
criminal justice system to deliver fast and efficient justice has
inevitably led to the erosion of public trust in the government. As
a consequence, citizens are laden with anxiety because of
unabated criminality and violence in their communities.” 1 He also
explained that there seems to be an imbalance in the structure of
Philippines Judiciary because they are few members of the legal
members particularly the judges, prosecutors and public defense
attorneys who are designated to process and assess the cases
(either criminal or civil) filed by the other law enforcers.

Our constitution clearly provides that access to the court

shall be assured to the members of the poor and marginalized
sector. The Constitution declares that “the State shall promote a
just and dynamic social order that will ensure the prosperity and
independence of the nation and free the people from poverty” as
one of the State policies given the highest priority”. Also it
guarantees the “free access to the courts and quasi-judicial
bodies and adequate legal assistance shall not be denied to any
person by reason of poverty. Public Attorney’s Office (PAO)
serves as the sole government agency for providing legal aid to
indigent parties. Such parties are meant to be represented, free
of charge, in all civil, administrative, and criminal matters.

1
Valenzuela, R. P. (2016). Glimmers of hope: A report on the Philippine Criminal Justice System. International
Review of the Red Cross, 98(903), 845–849. https://doi.org/10.1017/S1816383117000716
 As accorded in the study made by Bewickie, (2018) 2 he
discovered that while the PAO has worked continuously to provide
adequate and affordable access to justice for its clients, limited
resources, heavy caseloads, and corruption in the courts have
increasingly hindered its services. Moreover, legal representation
of individuals involved in criminal matters remains a significant
concern, as the number of pending criminal cases handled by the
PAO has risen over time.
According to an article written by Henry J. Schumacher
(2017)3 for the Business Mirror, the Supreme Court and the
judicial system it administers face major challenges, such as case
backlog, issues in using modern technology which includes but is
not limited to its unpredictability and user knowledge, and
obtaining more funding.

Clogged courts have been a long-standing issue in the

Philippine judiciary system and it often takes numerous years to
have a case decided with new cases being filed on top of existing
ones. Delays in resolving court cases and issuing judicial
decisions have a range of adverse consequences like the lack of
confidence in state institutions, the undermining of the country’s
social and political fabric, and its international standing (Elias
Neocleous & Co LLC )4.

This paper aims to help the students of legal education and

members of the legal profession in determining the proper
process to be observed in filing an appeal in order to limit the
court dockets which may be brought by the improper filing in
court.

CLASSIFICATION OF THE PHILIPPINES COURTS

2
Bewicke, A. E. (2011). Asian Developments in Access to Counsel: A Comparative Study. Journal of International
Human Rights, 10(2), 27–53.
3
Schumacher, H. J. (2017, October 2). Judicial Issues and Corruption. Retrieved from Business Mirror:
https://businessmirror.com.ph/judicial-issues-and-corruption/
4
Elias Neocleous & Co LLC. (n.d.). Legal Resources: E-Justice. Retrieved from HG.org: https://www.hg.org/legal-
articles/e-justice-20871
 According to Riano (2016)5 the following are the
classification of courts:

a) MeTCs, MCTCs and MTCs are courts of original jurisdiction

without appellate jurisdiction. RTC is likewise a court of original
jurisdiction with respect to cases originally filed with it; and
appellate court with respect to cases decided by MTCs within its
territorial jurisdiction.6.

b) CA is primarily a court of appellate jurisdiction with

competence to review judgments of the RTCs and specified quasi-
judicial agencies 7It is also a court of original jurisdiction with
respect to cases filed before it involving issuance of writs of
certiorari, mandamus, quo warranto, habeas corpus, and
prohibition. CA is a court of original and exclusive jurisdiction
over actions for annulment of judgments of RTCs8.

c) The SC is fundamentally a court of appellate jurisdiction

but it may also be a court of original jurisdiction over cases
affecting ambassadors, public ministers and consuls, and in cases
involving petitions for certiorari, prohibition and mandamus 9. The
Supreme Court en banc is not an appellate court to which
decisions or resolutions of a division of the Supreme Court may
be appealed.

d) A constitutional court is one created by a direct

Constitutional provision. An example of which is the Supreme
Court which owes its creation from the Constitution itself. Under
the Philippine law, Supreme Court is the only Constitutional
court10.

5
Riano, W. B., (2016) . Civil Procedure Volume 1. REX Book Store Inc.
6
BP 129, Sec. 22
7
BP 129, Sec. 9[3],
8
BP 129, Sec. 9 [1],[2]
9
Art. VIII, of the 1987 Constitution, Sec. 5[1],
10
Art. VIII, Constitution of the Philippines, Sec. 1,
 e) A statutory court is one created by law other than the
Constitution. All courts except the Supreme Court are statutory
courts. Sandiganbayan was not directly created by the
Constitution but by law pursuant to a constitutional mandate.

SOME OF THE PRINCIPLES PREVAILING IN THE

JUDICIAL SYSTEM OF THE PHILIPPINES

The following are important doctrines observed in the

Philippine Judiciary as explained by Riano (2016) 11 and Moya
(2019)12

A. PRINCIPLE OF JUDICIAL HIERARCHY

As provided under Section 9, BP 129 in relation to Section 5

(1), Article 8 of the Constitution principle of judicial hierarchy is
an ordained sequence of recourse to courts vested with
concurrent jurisdiction, beginning from the lowest, on to the next
highest and ultimately to the highest. This hierarchy is
determinative of the venue of appeals, and is likewise
determinative of the proper forum for petitions for extraordinary
writs. This is an established policy necessary to avoid inordinate
demands upon the Court’s time and attention which are better
devoted to those matters within its exclusive jurisdiction, and to
preclude the further clogging of the Court’s docket

The rationale for this rule is two-fold: (a) it would be an

imposition upon the limited time of the Court; and (b) it would
inevitably result in a delay, intended or otherwise, in the
adjudication of cases, which in some instances, had to be
remanded or referred to the lower court as the proper forum
under the rules of procedure, or as better equipped to resolve the
issues because the Court is not a trier of facts. It is only for
special and compelling reasons that this Court shall exercise its

11
Riano, W. B., (2016) . Civil Procedure Volume 1. REX Book Store Inc.
12
Moya, S. N., (2019) Notes and Cases in Remedial Law ( Civil Procedure ). Central Book Supply, Inc.
primary jurisdiction over the extraordinary remedy of writ of
prohibition13

A higher court will not entertain direct resort to it unless the

redress cannot be obtained in the appropriate courts. The SC is a
court of last resort. It cannot and should not be burdened with
the task of deciding cases in the first instances. Its jurisdiction to
issue extraordinary writs should be exercised only where
absolutely necessary or where serious and important reasons
exist.

The Supreme Court has, in not a few cases, suspended its

own rules and excepted a particular case from their operation
whenever the interests of justice so require 14 But a direct
invocation of the Supreme Court’s original jurisdiction to issue
these writs should be allowed only when there are special and
important reasons therefor, clearly and specifically set out in the
petition (Lim v. Vianzon, 497 SCRA 482, 492), such as cases of
national interest and of serious implications justify the availment
of the extraordinary remedy of writ of certiorari, prohibition, or
mandamus calling for the exercise of its primary jurisdiction 15.

B. DOCTRINE OF NON-INTERFERENCE OR DOCTRINE

OF JUDICIAL STABILITY

Courts of equal and coordinate jurisdiction cannot interfere

with each other’s orders16. Thus, the RTC has no power to nullify
or enjoin the enforcement of a writ of possession issued by
another RTC. The principle also bars a court from reviewing or
interfering with the judgment of a co-equal court over which it
has no appellate jurisdiction or power of review 17.

13
People v. Azarraga, G.R. Nos. 187117 and 187127, October 12, 2011.
14
Declarador v. Bansales, 499 SCRA 341, 348 citing Fortich v. Corona, 289 SCRA 624.
15
Springfield Development Corporation v. RTC of Misamis Oriental, 514 SCRA 326, 342-343 citing Mangaliag v.
Catubig-Pastoral, 474 SCRA 153.
16
Lapu-lapu Development and Housing Corporation v. Group Management Corporation, 388 SCRA 493, 508 citing
People v. Woolcock, 244 SCRA 235
17
Suico Industrial Corporation v. Court of Appeals, 301 SCRA 212, 213).
 This doctrine applies with equal force to administrative
bodies. When the law provides for an appeal from the decision of
an administrative body to the SC or CA, it means that such body
is co-equal with the RTC and logically beyond the control of the
latter18.

C. DOCTRINE OF PRIMARY JURISDICTION

Courts will not resolve a controversy involving a question

which is within the jurisdiction of an administrative tribunal,
especially where the question demands the exercise of sound
administrative discretion requiring the special knowledge,
experience and services of the administrative tribunal to
determine technical and intricate matters of fact. The court
cannot arrogate unto itself the authority to resolve a controversy,
the jurisdiction of which is initially lodged with the administrative
body of special competence 19

The objective is to guide a court in determining whether it

should refrain from exercising its jurisdiction until after an
administrative agency has determined some question or some
aspect of some question arising in the proceeding before the
court20.

D. DOCTRINE OF ADHERENCE OF JURISDICTION /

CONTINUITY OF JURISDICTION

Once a court has acquired jurisdiction, that jurisdiction

continues until the court has done all that it can do in the
exercise of that jurisdiction. This principle also means that once
jurisdiction has attached, it cannot be ousted by subsequent

18
Philippine Sinter Corporation v. Cagayan Electric Power and Light Co., Inc., 381 SCRA 582, 591
19
BF Homes, Inc. v. Manila Electric Company, 636 SCRA 495, 515, December 6, 2010
20
Nestle Philippines, Inc. v. Uniwide Sales, Inc., 634 SCRA 232, 240, October 20, 2010
happenings or events and retains that jurisdiction until it finally
disposes of the case21.

Even the finality of the judgment does not totally deprive

the court of jurisdiction over the case. What the court loses is the
power to amend, modify or alter the judgment. Even after the
judgment has become final, the court retains jurisdiction to
enforce and execute it22.

E. PRINCIPLE OF LAW OF THE CASE

The principle of "law of the case" has been explained in

the case of Dela Merced vs. Government Service Insurance
System which states that determinations of questions of law will
generally be held to govern a case throughout all its subsequent
stages where such determination has already been made on a
prior appeal to a court of last resort23.

F. DOCTRINE OF STARE DECISIS

The doctrine of stare decisis was clearly discussed in the

case of Commission on Internal Revenue vs. La Tondena. It can
be inferred from such case that state decicis means when a court
has reached a conclusion in one case, it should be applied to
those that follow if the facts are substantially the same, even
though the parties may be different24.

JURISDICTION OVER CIVIL AND CRIMINAL CASES

21
Bantua v. Mercader, 350 SCRA 86, 96
22
Echegaray v. Secretary of Justice, 301 SCRA 96, 106
23
Moya, S. N., (2019) Notes and Cases in Remedial Law ( Civil Procedure ). Central Book Supply, Inc.
24
Ibid
A. CIVIL CASES

According to Moya 25 (2019) citing Forest Hills Golf and

Country Club, Inc. vs. Fil-Estate Properties, Inc. clarified that
“Jurisdiction is defined as the power and authority of a court to
hear, try and decide a case. In order for the court or an
adjudicative body to have authority to dispose of the case on the
merits, it must acquire jurisdiction over the subject matter and
the parties”. From such definition, it can be inferred that there
are certain requirements before a court may acquire jurisdiction
over a person complained of.

JURISDICTION OVER THE SUBJECT MATTER

Jurisdiction over the subject matter of a case “is conferred

by law and determined by the allegations in the complaint which
comprise a concise statement of the ultimate facts constituting
the plaintiffs cause of action. The nature of an action, as well as
which court or body has jurisdiction over it, is determined based
on the allegations contained in the complaint of the plaintiff,
irrespective of whether or not the plaintiff is entitled to recover
upon all or some of the claims asserted therein” 26. The manner on
how the jurisdiction over the subject matter is determined was
simplified by Atty. Moya (2019)27 by citing a case which states
that it is conferred by the Constitution or by law. It is determined
by the material averments in the complaint as well as the
character of the relief sought28.

JURISDICTION OVER THE PERSON

The manner by which the court acquires jurisdiction over the

parties depends on whether the party is the plaintiff or the
defendant. Jurisdiction over the parties is the power of a court to
render a personal judgement or to subject the parties in a

25
Moya, S. N., (2019) Notes and Cases in Remedial Law ( Civil Procedure ). Central Book Supply, Inc.
26
City of Dumaguete v. Philippine Ports Authority, G.R. No. 168973, August 24,2011
27
Moya, S. N., (2019) Notes and Cases in Remedial Law ( Civil Procedure ). Central Book Supply, Inc.
28
Dazon vs. Yap, 610 SCRA 79, 15 January 2010.
particular action to the judgement and other ruling rendered in
the action29.

Thus, in civil cases, courts acquire jurisdiction over the

plaintiffs upon the filing of the complaint, while jurisdiction over
the defendants is acquired either through the service of summons
upon them in the manner required by law or through their
voluntary appearance in court and their submission to its
authority. Perkin Elmer Singapore Pte Ltd. vs. Dakila Trading
Corporation, 530 SCRA 170 (14 August 2007); Bank of the
Philippine Islands vs. Sps. Evangelista, 441 Phil 445 (2002) 30.

JURISDICTION OVER THE ISSUES

Generally, jurisdiction over the issues is conferred and

determined by the pleadings of the parties. The pleadings present
the issues to be tried and determine whether or not the issues
are of fact or law. It is the power of the court to try and decide
issues raised in the pleadings of the parties 31. Where there is no
disputed point, there is no issue.

Also, it has been provided under Section 2, Rule 18 of the

Rules of Court that it may also be determined and conferred by
stipulation of the parties as when in the pre-trial, the parties
enter into stipulations of facts and documents or enter into
agreement simplifying the issues of the case. It may also be
conferred by waiver or failure to object to the presentation of
evidence on a matter not raised in the pleadings. Here the parties
try with their express or implied consent or issues not raised by
the pleadings. The issues tried shall be treated in all respects as if
they had been raised in the pleadings32.
JURISDICTION OVER THE RES

29
Villagracia vs. Fifth Sharia Court. G.r. No. 188832, April 23, 2014
30
Moya, S. N., (2019) Notes and Cases in Remedial Law ( Civil Procedure ). Central Book Supply, Inc.
31
Reyes v. Diaz, 73 Phil. 484, 487
32
, Rule 10, Rules of Court, Sec. 5
 It is acquired either by: A) The seizure of the property under
legal process; B) As a result of the institution of legal
proceedings, in which the power of the court is recognized and
made effective33); C) The court by placing the property of thing
under its custody (custodia legis), e.g..attachment of property; or
D) The court through statutory authority conferring upon it the
power to deal with the property or thing within the court’s
territorial jurisdiction, e.g. suits involving the status of the parties
or suits involving the property in the Philippines of non-resident
defendants34.

B. CRIMINAL CASES

Jurisdiction in criminal cases has been defined as the power

and authority of a court to take cognizance of an offense and to
pronounce the judgement or sentence provided by law after a
trial in the manner prescribed. 35. The elements of jurisdiction in
criminal cases are as follows: A) Territorial jurisdiction; B)
Jurisdiction over the subject matter; and C) Jurisdiction over the
person of the accused.

TERRITORIAL JURISDICTION

In civil cases, the place is never considered part of jurisdiction.

It is only a question of venue that the case should be tried in a
certain place is never considered as jurisdictional. But in criminal
procedure, the place where the trial is to be heard is not only a
question of venue but also a question of jurisdiction. It is called
territorial jurisdiction. It also refers to the limits of the
geographical boundaries of a place within which a court has
jurisdiction to act judicially and outside of which its judicial acts
are null and void. 36The territorial jurisdiction of a court in
criminal cases is determined by the geographical area over which
it presides, and the fact that the crime was committed, or any of

33
Banco Español Filipino vs. Palanca, 37 Phil. 291
34
Riano, W. B., (2016) . Civil Procedure Volume 1. REX Book Store Inc.
35
Albert, Law on Criminal Procedure, p. 56
36
Mendoza vs. B.T. Co., 90 Phil. 804
its essential ingredients took place, within said area is an element
of jurisdiction37.

JURISDICTION OVER THE SUBJECT MATTER

It is determined by the allegations of the complaint or

information in accordance with the law in force at the time of the
institution of the action, not at the time of the commission of the
offense. 38

JURISDICTION OVER THE PERSON OF THE ACCUSED

It is conferred upon the court either by the voluntary

appearance or surrender of the accused, or by his arrest to
answer for the crime charged39.

II. DISCUSSION

APPEALS:

GENERAL RULE: 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. (Marmo vs. Anacay(2009)

EXCEPTIONS: a) An order denying a petition for relief or

any similar motion seeking relief from judgment: (b) An
interlocutory order; c) An order disallowing or dismissing an
appeal; d) An order denying a motion to set aside a judgment by
consent confession or compromise on the ground of fraud,
mistake o duress, or any other ground vitiating consent; E) An
order of execution; f) 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

37
U.S. vs. Jueves, 23 Phil. 100
38
U.S. vs. Mallari, 24 Phil. 366
39
Choc vs. Vera, 64 Phil. 1066
pending unless the court allows an appeal therefrom: and g) An
order dismissing an action without prejudice

Remedy: File the appropriate special civil action under Rule

65. (Sec. 1, Rule 41, Rules of Court December 27, 2007)

TABLES:
HOW TO APPEAL IN CIVIL CASES
Rule MODE OF APPEAL COURT ISSUES
BEING THAT MAY BE
REVIEWED RAISED.
-
APPELLATE
COURT
40 Notice of Appeal or MTC - Questions of
Record on appeal filed RTC law or fact or both
with the court of origin (ROC, Rule 41,
(MTC) Section 6)

Copies of the notice

of appeal and record of
appeal and record shall
be served upon the
appellee.

Docket fees paid to

the clerk of court of the
MTC (ROC, Rule 40,
Section 5)

41 Notice of Appeal or RTC Questions of

Record on appeal filed (exercising fact or questions of
with the court of origin original law and fact.
(RTC) jurisdiction) (ROC, Rule 41,
-> CA Sec. 6 and ROC,
Copies of the notice Rule 44, Sec 13
of appeal and record of (e)). Otherwise, if
 appeal and record shall the appeal would
be served upon the raise only
appellee. questions of law, it
should be filed
Docket fees paid to directly with the
the clerk of court of the Supreme Court
MTC (ROC, Rule 40, under ROC, Rule
Section 5) 15.
Notice of Appeal or
Record on appeal filed
with the court of origin
(MTC)

Copies of the notice

of appeal and record of
appeal and record shall
be served upon the
appellee.

Docket fees paid to

the clerk of court of the
RTC (ROC, Rule 41,
Section 4)
42 Verified Petition for MTC -> Questions of
Review filed with the CA RTC law or fact or both.
with a Certificate of Non- (exercising (ROC Rule 42,
forum Shopping. appellate Section 2)
jurisdiction)-
Copies shall be > CA
served on the RTC and
the appellee.

Docket and other

lawful fees and 500
pesos deposit for costs
shall be paid to the clerk
of court of the Court of
Apeals.
43 Verified Petition for Quasi- Questions of
Review filed with the CA judicial law or fact or both.
with a Certificate of Non agency (ROC, Rule 43,
forum shopping. existing Section 3)
quasi –
Copies shall be judicial Note: Unlike
served on the RTC and functions in the other modes
the appellee. enumerated of appeal, an
therein, appeal under this
Docket and other except Rule shall not stay
lawful fees and 500 judgements the award
deposit for costs shall be or final judgement, final
paid to the clerk of court orders order or resolution
of the CA ( ROC, Rule issued under unless the CA
43, Section 5) the Labor directs otherwise.
Code, CSC, (ROC, Rule 43,
Ombudsman Section 12).
(administrati
ve/disciplina
ry cases) 
CA
45 Verified Petition for RTC Questions of
Review on Certiorari filed (exercising law only (ROC,
with the SC with a original Rule 45, Section 1)
Certificate of Non forum jurisdiction
Shopping. CA, Except: if the
Sandiganbay petition for review
Copies shall be an, Court of on certiorari is
served on the lower Tax Appeals from a
court concerned and on (en banc) -> judgmement
the appellee. Supreme rendered in
Court petitions for writ of
Docket and other amparo habeas
lawful fees and 500 data or kalikasan.
pesos deposit for costs
shall be paid to the clerk
 of court. (ROC Rule 45,
Section 3)

Notice of appeal (in

criminal cases where the
penalty imposed is
death, reclusion
perpetua or life
imprisonment (ROC,
Rule 45, Section 9.)

Governing Period to Appeal Extension

Rule Allowed
RULE 40 Notice of Appeal – Period to file
and 41 within 15 days from notice of appeal is
notice of judgement or non- extendible.
the denial of the
appellant’s Motion for
New Trial or Motion for
Reconsideration.

When a record on Period to file a

appeal is required – record on appeal may
within 30 days from be extended provided
notice of judgement or the motion for
the denial of the extension thereof is
appellant’s Motion for filed within the 30
New Trial or Motion for day period
Reconsideration.

Habeas Corpus –
notice of appeal is filed
within 48 hours from
 notice of judgement or
denial of Motion for
Reconsideration or
Motion for New Trial.
42 Petition for May be
Review – within 15 days extended for 15 dys
from the notice of upon proper motion
decision sought to be and the payment of
reviewed or of denial of the full amount of the
petitioner’s Motion for docket and other
Reconsideration or lawful fees and
Motion for New Trial. deposit for costs
before the expiration
of the original 15 day
period. No further
extension shall be
granted except for
the most compelling
reasons and in no
case to exceed 15
days.
45 Petition for review On motion duly
on certiorari – within 15 filed and served, with
days from notice of the full payment of the
award, judgement, final docket and other fees
order or resolution, or and the deposit for
from the date of its last costs before the
publication or the denial expiration of the
of the petitioner’s Motion original 15 day
for Reconsideration or period, the Supreme
Motion for New Trial Court may for
justifiable reasons
grant an extension of
30 days only within
which to file the
petition.
 SALIENT FEATURES OF THE RULE ON APPEALS IN CIVIL
CASES
Rule 40 governs the process to be observed in filing an Appeal
from MTC to the RTC. Judgements or final orders of the MTC to
the RTC. There is only one mode appeal from the MTC and that is
Rule 40. It is possible and there are some cases where an appeal
is taken directly from the MTC to the SC but that will be by Rule
45 on pure questions of law. But if the appeal involves questions
of fact or question of fact and law, then the only mode of appeal
is Rule 40.

The appeal under Rule 40 is taken by filing a notice of appeal with

the court that rendered the judgment or final order. The notice of
appeal shall indicate: a) Parties to the appeal; b) Judgment or
final order appealed from, and Material dates showing the
timeliness of the appeal. A Record on Appeal shall be required
only in special proceedings and in other cases of multiple or
separate appeals. Section 6, Rule 41 provides the form and
contents of the record on appeal. Then the copies of the notice of
appeal and the record on appeal where required, shall be served
on the adverse party as required by Section 3, Rule 40 of the
Rules of Court.

Within the period for taking an appeal, the appellant shall pay to
the clerk of the court which rendered the judgment or final order
appealed from the full amount of the appellate court docket and
other lawful fees. Section 5, Rule 40 of the Rules of Court
provides that proof of payment thereof shall be transmitted to the
appellate court together with the original record or the record on
appeal, as the case may be. An appeal may be taken within 15
days after notice to the appellant of the judgment or final order
appealed from and where a record on appeal is required, the
appellant shall file a notice of appeal and a record on appeal
within 30 days after notice of the judgment or final order. Rule 40
also states that the stated period of appeal shall be interrupted
by a timely motion for new trial or reconsideration.
The rules further elucidated in Section 2, Rule 40 of the Rules of
Court that no motion for extension of time to file a motion for
new trial or reconsideration shall be allowed. There must be
payment of docket fees within the reglementary period in order
for the appeal to be given due course. The remedy of appeal can
be removed, denied, not provided and a person cannot complain
that such is a denial of due process because other cases say that
an appeal is a purely statutory right, hence, it must be exercised
strictly in accordance with the procedure requirements for that
appeal. The person intending to appeal must file the notice of
appeal in the court which rendered the judgement40.

It is necessary that the person should pay the docket fees to the
clerk of court which rendered the judgment or final order
appealed from41. The Records go up to the RTC within 15 days
from the perfection of the appeal, the clerk of court shall transmit
the original record or the record on appeal, together with the
transcripts and exhibits, which he shall certify as complete, to the
proper Regional Trial Court to and there must copy of his letter of
transmittal of the records to the appellate court shall be furnished
to parties42.

However, if the appeal is taken by record on appeal, the original

records do not go up. Only copies of the original records are
taken up on appeal. The entire original record shall stay down in
the trial court. Appellant’s brief are required to be filed in the RTC
under Rule 40 only a memorandum is required to be filed and
upon receipt of the complete record or the record on appeal, the
clerk of court of the RTC shall notify the parties of such fact. Rule
40 requires 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 within 15
days from receipt of the aforementioned notice, on the other
hand, the appellee is also required to file his memorandum within
15 days from receipt of the appellant's memorandum. Only
40
Rule 40, Rules of Court, Sec. 3
41
Rule 40, Rules of Court, Sec 5
42
Rule 40, Rules of Court, Sec 6
memorandums are required under Rule 40 and not pleadings. The
appeal may be dismissed if the appellant does not file a
memorandum as the rule states that failure of the appellant to
file a memorandum shall be a ground for dismissal of the
appeal43.

RULE 41 and 44

Rule 41 is the appeal from the RTC to the CA in cases decided by

the RTC in the exercise of its original jurisdiction. The process
under Rule 41 must observe the rules provided under Rule 44
because the latter provides for the process in ordinary appeals
from RTC to the CA. Rule 41 uses Ordinary appeal as the mode of
the appeal. The appeal to the Court of Appeals in cases decided
by the Regional Trial Court in the exercise of its original
jurisdiction shall be taken by filing a notice of appeal with the
court which rendered the judgment or final order appealed from
and serving a copy thereof upon the adverse party. No record on
appeal shall be required except in special proceedings and other
cases of multiple or separate appeals where law on these Rules
so require. In such cases, the record on appeal shall be filed and
served in like manner. Verification and certificate of non – forum
shopping is not required under Rule 41. The appeal under the
aforementioned rule shall be filed within 15 days from notice of
the judgment or final order appealed from and where a record on
appeal is required, the appellant shall file a notice of appeal and a
record on appeal within 30 days from notice of the judgment or
final order. The period of appeal shall be interrupted by a timely
motion for new trial or reconsideration. No motion for extension
of time to file a motion for new trial or reconsideration shall be
allowed44.

However, under Rule 41, Section 1 of the Rules of Court, there

are judgments or final orders that cannot be subject of an appeal.
No appeal may be taken from: a) An order denying a petition for
relief or any similar motion seeking relief from judgment; b)An
43
Rule 40, Rules of Court, Sec. 7
44
Rule 41, Rules of Court Sec. 3
interlocutory order; c) An order disallowing or dismissing an
appeal; d) 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; e) An
order of execution; f) A judgment or final order for or against one
or more of several parties or in separate claims, counterclaims,
cross-claims and g) 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.

It has been provided under Rule 50, Section 1 that an appeal

may be dismissed because what is being appealed is not
appealable.
Hence, if the order is not appealable, the remedy is that in any of
the foregoing circumstances, the aggrieved party may file an
appropriate special civil action as provided in Rule 65 45. The
parties in the said rule is the same plaintiff and defendant in the
lower court but the one party appealing the decision is further
called appellant and the other the appellee. In appeals by notice
of appeal the court loses jurisdiction over the case: Upon the
perfection of the appeals filed in due time, and expiration of the
time to appeal of the other parties. In appeals by record on
appeal, the court loses jurisdiction only over the subject matter:
Upon the approval of the records on appeal filed in due time, and
expiration of the appeal of the other parties 46. Under Section 9,
Rule 41 of the Rules of Court, 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 while 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 trial court may not reject or deny the appeal because in civil
cases, the first appeal is a matter of right and appeals from
decision of the MTC or RTC rendered in exercise of original
jurisdiction should be granted as a matter of right as long as it is
45
Rule 41, Rules of Court, Sec.1
46
Rule 41, Rules of Court, Sec. 9
filed within the reglementary period. If the trial court denies the
appeal or rejects the appeal or does not give due course to the
appeal, the person making an appeal may file a mandamus since
it is a matter of right. Mandamus is a remedy to compel a
respondent to do a ministerial act. The moment the party files the
notice of appeal, it is ministerial on the part of the trial court to
give due course to the appeal and forward the records to the
appellate court. As long as it is filed within the reglementary
period and has complied with other requirements, the notice of
appeal does not require the approval of the court. The function of
the notice of appeal is merely to notify the trial court that the
appellant was availing of the right to appeal and not to seek
permission that he is allowed to pose an appeal.

After the court loses jurisdiction but while still retaining the
records, the court can dismiss a pending appeal.. prior to the
transmittal of the original record or record on appeal to the
appellate court, the trial court may, motu proprio or upon motion
dismiss the appeal: For having been taken out of time, or non-
payment of docket and other lawful fees within the reglementary
period .

Then, Prior to transmittal of the original record or the record on

appeal, the court may issue orders: a) for the protection and
preservation of the rights of the parties which do not involve any
matter litigated by appeal; b) approve compromises; c) permit
appeals of indigent litigants; d) order execution pending appeal in
accordance with Section 2 of Rule 39, and e) allow withdrawal of
the appeal. 47

Section 12, Rule 41 of the Rules of Court provides for the

procedure to be observed in relation to Rule 44 for the transmittal
of records by the RTC to the CA are as follows: The clerk of the
trial court shall transmit to the appellate court the: a). Original
record or the approved record on appeal within 30 days from the
perfection of the appeal; b). Together with the proof of payment
of the appellate court docket and other lawful fees; c).Certified
47
Rule 41, Rules of Court, Sec. 9
true copy of the minutes of the proceedings, the order of
approval, the certificate of correctness, the original documentary
evidence referred to therein, and d. Original and three (3) copies
of the transcripts. Copies of the transcripts and certified true
copies of the documentary evidence shall remain in the lower
court for the examination of the parties. Lastly, 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 4548.

The rule on Docketing of the case by the CA under Rule 44

provides that upon receiving the above, the clerk of court of CA
shall docket the case and notify the parties thereof . Then within
10 days from receipt of said notice, the appellant, in appeals by
RECORD ON APPEAL, shall file with the clerk of court seven (7)
clearly legible copies of the approved record on appeal, together
with the proof of service of two (2) copies thereof upon the
appellee . The following rules shall be observed in Filing of the
Appellant‘s Brief: a) It shall be the duty of the appellant to file,
WITHIN 45 DAYS from receipt of the notice of the clerk that all
the evidence, oral and documentary, are attached to the record,
seven (7) copies of his legibly typewritten, mimeographed or
printed brief, with proof of service of two (2) copies thereof upon
the appellee ; and b) In filing of the Appellee‘s Brief, it must be
filed within 45 days from receipt of the appellant's brief, the
appellee shall file with the court seven (7) copies of his legibly
typewritten, mimeographed or printed brief, with proof of service
of two (2) copies thereof upon the appellant . Subsequently,
within 20 days from receipt of the appellee's brief, the appellant
may file a reply brief answering points in th appellee's brief not
covered in his main brief . In certiorari, prohibition, mandamus,
quo warranto and habeas corpus cases, the parties shall file in
lieu of briefs, their respective memoranda within a non-extendible
period of 30 days from receipt of the notice issued by the clerk
that all the evidence, oral and documentary, is already attached
to the record. The failure of the appellant to file his memorandum

48
Rule 41, Rules of Court, Sec. 2
within the period therefor may be a ground for dismissal of the
appeal

Rule 41 and 44 provides for the rules to be considered when the

records cannot be completed. It is the duty of the Clerk of Court
of the lower court upon perfection of the appeal to verify the
correctness and the completeness of the record. If found
incomplete, he should take such measures, as may be required to
complete the records, availing of the authority he or the court
may exercise for the purpose. If efforts to complete the records
fail, he shall indicate in his transmittal: a) Exhibits or transcripts
not included in the records transmitted to the appellate court;
b)Reason for non-transmittal; and c) Steps taken or could be
taken to have them available . Where the record of the docketed
case is incomplete, the clerk of court of the CA shall: a) Inform
said court and b) Recommend to it measures necessary to
complete the record. It shall be the duty of said court to take
appropriate action towards the completion of the record within
the shortest possible time .

Where the completion of the record could not be accomplished

within a sufficient period allotted for said purpose due to
insuperable or extremely difficult cases, the court, on its own or
motion of any of the parties, may : a) Declare that the record and
its accompanying transcripts and exhibits so far available are
sufficient to decide the issues raised in the appeal; and b) Issue
an order explaining the reasons for such declaration .

RULE 42

Rule 42 governs the process to be observed in filing a 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. The
partiesT under Rule 42 are the petitioner-appellant and the
respondent-appellee. Verification and Certificate of non-forum
shopping is required in filing an appeal under Rule 42. Even if
such mode of appeal is not an initiatory pleading it is expressly
required under Section 2, Rule 42 of the Rules of Court that there
must be a certificate of non – forum shopping. The questions can
be raised in Rule 42 are provided in Section 2, Rule 42 of the
Rules of Court which states that “The petition shall … (c) set forth
concisely a statement of the matters involved, the issues raised,
the specification of errors of fact or law, or both, allegedly
committed by the Regional Trial Court, and the reasons or
arguments relied upon for the allowance of the appeal …” The CA
may require the respondent to file a Comment within 10 days
from notice, or dismiss the petition if if it finds the same to be:
a) Patently without Merit; b) Prosecuted manifestly for Delay; or
c) Questions raised therein are too Unsubstantial to require
consideration49. If upon filing of the comment or other pleading
required by the court, or upon expiration of such filing, the CA
may give due course to the appeal if it finds prima facie that the
lower court committed error of facts or law that will warrant
reversal or modification50. Therefore, it can still not give due
course and dismiss it after the comment or other pleading.

Rule 42 is considered is considered as a discretionary appeal

since it is not a matter of right. They are appeals where the
appellate court may choose not to give due course. The rule also
states that appellate court are not required to review the entire
record of the case since unlike in an ordinary appeal where the
entire records go up and the appealing party may raise as many
error that it wants the appellate court to consider.

The Rule 42 petition shall contain the following: The petition

shall be filed in seven (7) legible copies, with the original copy
intended for the court being indicated as such by the petitioner,
and shall: a) State the full names of the parties to the case,
without impleading the lower courts or judges; Indicate the
specific material dates showing that it was filed on time; b)Set
forth concisely a statement of the matters involved, the issues
raised, the specification of errors of fact or law, or both, allegedly
49
Rule 42, Rules of Court, Sec. 4
50
Rule 42, Rules of Court, Sec. 6
committed by the Regional Trial Court, and the reasons or
arguments relied upon for the allowance of the appeal; c) Be
accompanied by clearly legible duplicate originals or true copies
of the judgments or final orders of both lower courts, certified
correct by the clerk of court of the RTC, 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. The petitioner shall also submit together with the
petition a certification against non-forum shopping 51.

Taking into consideration the importance of filing the petition for

review the law specifically states the material dates and they are
as follows: a) Date the appealed judgment or final ordered was
served; b) Date the motion for reconsideration (MR) or motion for
new trial (MNT) was filed, if any; and c) Date when denial of the
Motion for Reconsideration or Motion for New Trial was served.
These dates are required by the courts to determine whether the
petition was filed on time.

It has also been provided under Section 2, Rule 42 of the Rules of

Court thar the petitioner should attach pleadings and other
material portion of the records as would support the allegations of
the petition. Under the Rules of Court, in Rule 42 or the petition
for review, the records do not go up, hence, it is the appellant‘s
obligation to attach to his petition such relevant parts of the
records as are necessary or relevant that will help the appellate
court to understand the issues being raised. Because how can the
appeal be resolved if the necessary part of the records to help the
court understand the issues are not brought up if the relevant
part of the record would not be attached then there is no basis to
rule on the appeal.

The period to file under Rule 42 is provided by Section 1, Rule 42

of the Rules of Court which states that “ The petition shall be filed
and served within 15 days from notice of the decision sought to
51
Rule 42, Rules of Court, Sec. 2
be reviewed or of the denial of petitioner's motion for new trial or
reconsideration filed in due time after judgment”. It is
extendible. 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, the CA
may grant an additional period of 15 days only within which to file
the petition for review. Lastly, No further extension shall be
granted except for the most compelling reason and in no case
exceed 15 days52.

Rule 43

In Rule 43, the appeal under thus rule may be taken within the
period and in the manner herein provided whether the appeal
involves a question of fact, or law or mixed question of fact and
law. It shall be taken within 15 days from notice of the award,
judgment, final order or resolution, or from the date of its last
publication, if publication is required by law for its effectivity, or
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. Only one (1) motion for reconsideration shall be
allowed. Upon proper motion and the payment of the full amount
of the docket fee before the expiration of the reglementary
period, the CA may grant an additional period of 15 days only
within which to file the petition for review. no further extension
shall be granted except for the most compelling reason and in no
case exceed 15 days53. An appeal under Rule 43 shall not stay the
award, judgment or final order or resolution sought to be
reviewed unless the CA direct otherwise upon just terms 54. The
appeal may be taken by: a) filing a verified petition for review in
7 legible copies; b) with proof of service of a copy therof on the
adverse party and on the court or agency; c) pay to the clerk of
court of CA docket and ther lawful fees; and d) deposit the sum

52
Rule 42, Rules of Court, Sec. 1
53
Rule 43, Rules of Court, Sec. 4
54
Rule 43, Rules of Court, Sec. 12
of 500 for costs55. Exemption from payment of docketing and
other lawful fees and the deposits costs may be granted by CA
upon motion setting forth the valid grounds therefor. If CA denies
the motion, the petitioner shall pay witihin 15 days from the
notice of denial. Under Section 6, Rule 43 of the rules of Court,
the parties shall comply with the Material Data rule which states
that the conternts of the petition must contain the following: a)
State the full names of the parties to the case without impleading
the agency either as petitioners or respondents; b) set forth
concisely a statement of the facts and issues involved, and the
grounds relied upon for review; c)accompanied by clearly legible
duplicate originals or certified true copy of the award judgment,
final order or resolution appealed from; d)certificate of no forum
shopping; and e) state the specific material dates showing that it
was filed on time. Decision is immediately executor and not
stayed by an appeal and the factual finding are coclusive upon CA
if supported by a substantial evidence 56 it is an appeal in due
course57.The records may be transmitted within 15 days from
notice that the petition has been given due coirse, the CA may
require the agency concerned to transmit the original and legitible
certified copy of the entire record of the proceeding under
review58. As reiterated under Section 12, Rule 43, appeal shall not
stay the award, judgement, final order or resolution sough to be
reviewed except when the CA shall direct otherwise upon such
terms as it may deem just.

Rule 45
Petition for review on certiorari or Appeal by Certiorari under
Rules 45 on appeal by certiorari, only questions of law may be
raised in a petition for review on certiorari under Rule 45 of the
Rules of Court. It is not the function of this Court to analyze or
weigh all over again the evidence introduced by the parties before
the lower court. The well-entrenched rule in our jurisdiction is
that only questions of law may be entertained by this Court in a

55
Rule 43, Rules of Court, Sec. 5
56
Rule 43, Rules of Court, Sec. 7
57
Rule 43, Rules of Court, Sec. 10
58
Rule 43, Rules of Court, Sec. 11
petition for review on certiorari. This rule, however, is not
ironclad and admits certain exceptions, such as when (1) the
conclusion is grounded on speculations, surmises or conjectures;
(2) the inference is manifestly mistaken, absurd or impossible;
(3) there is grave abuse of discretion; (4) the judgment is based
on a misapprehension of facts; (5) the findings of fact are
conflicting; (6) there is no citation of specific evidence on which
the factual findings are based; (7) the findings of absence of facts
are contradicted by the presence of evidence on record; (8) the
findings of the Court of Appeals are contrary to those of the trial
court; (9) the Court of Appeals manifestly overlooked certain
relevant and undisputed facts that, if properly considered, would
justify a different conclusion; (10) the findings of the Court of
Appeals are beyond the issues of the case; and (11) such findings
are contrary to the admissions of both parties 59.

A party desiring to appeal by certiorari from a judgment or final

order or resolution of the Court of Appeals, the Sandiganbayan,
the Regional Trial Court or other courts whenever authorized by
law, may file with the Supreme Court a verified petition for
review on certiorari60. The petition shall be filed in eighteen (18)
copies, with the original copy intended for the court being
indicated as such by the petitioner and shall state the full name of
the appealing party as the petitioner and the adverse party as
respondent, without impleading the lower courts or judges
thereof either as petitioners or respondents; indicate the material
dates showing when notice of the judgment or final order or
resolution subject thereof was received, when a motion for new
trial or reconsideration, if any, was filed and when notice of the
denial thereof was received; set forth concisely a statement of
the matters involved, and the reasons or arguments relied on for
the allowance of the petition;
be accompanied by a clearly legible duplicate original, 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, and such material portions of the
59
Asian Terminals Inc. vs. Simon Enterprises, Inc. G.R. No. 177116, February 27, 2013
60
Rule 45, Rules of Court, Sec. 1
record as would support the petition; and contain a sworn
certification against forum shopping as provided in the last
paragraph of Section 2, Rule 4261.

It must be remembered that when there is failure on the part

of the petitioner to comply with any of the foregoing
requirements regarding the payment of the docket and other
lawful fees, deposit for costs, proof of service of the petition, and
the contents of and the documents which should accompany the
petition such action shall be sufficient ground for the dismissal
thereof. The Supreme Court may on its own initiative deny the
petition on the ground that: a. the appeal is without merit, or b.
is prosecuted manifestly for delay, or c. that the questions raised
therein are too unsubstantial to require consideration 62

The appeal under Rule 45 is not a matter of right, but of sound

judicial discretion, and will be granted only when there are special
and important reasons thereof. the following, while neither
controlling nor fully measuring the court's discretion, indicate the
character of the reasons which will be considered: a) when the
court a quo has decided a question of substance, not theretofore
determined by the supreme court, or has decided it in a way
probably not in accord with law or with the applicable decisions of
the supreme court; or b) when the court a quo has so far
departed from the accepted and usual course of judicial
proceedings, or so far sanctioned such departure by a lower
court, as to call for an exercise of the power of supervision 63.

For purposes of determining whether the petition should be

dismissed or denied pursuant to section 5 of this Rule, or where
the petition is given due course under section 8 hereof, the
Supreme Court may REQUIRE OR ALLOW the filing of such
61
Rule 45, Rules of Court, Sec. 4
62
Rule 45, Rules of Court, Sec. 5
63
Rule 45, Rules of Court, Sec. 6
pleadings, briefs, memoranda or documents as it may deem
necessary within such periods and under such conditions as it
may consider appropriate, and impose the corresponding
sanctions in case of non-filing or unauthorized filing of such
pleadings and documents or non-compliance with the conditions
therefor64.

If the petition is given due course, the Supreme Court may

require the elevation of the complete record of the case or
specified parts thereof within fifteen (15) days from notice65.

Generally, The mode of appeal prescribed in this Rule shall be

applicable to both civil and criminal case, however there is an
exception and that is in criminal cases where the penalty imposed
is death, reclusion perpetua or life imprisonment66.

HOW TO APPEAL IN CRIMINAL CASES CASE (AS

AMENDED BY AM 00 5 – 03-SC, October 3, 2002)

Appea From decision of Process of

l to filing
RTC MTC 1. File a
notice of appeal
with the MTC;

2. Serve a
copy of the notice
to the adverse
party.
CA RTC 1. File a
notice of appeal
1. Exercising its original
64
Rule 45, Rules of Court, Sec. 7
65
Rule 45, Rules of Court, Sec. 8
66
Rule 45, Rules of Court, Sec. 9
 with the MTC;
jurisdiction for offenses with
imposable penalties less than 2. Serve a
reclusion perpetua or life copy of the notice
imprisonment. to the adverse
party.
2. Exercising its appellate File a petition
jurisdiction for review under
Rule 42
3. Where the penalty 1. File a
imposable penalty is: notice of appeal
with the MTC;
a. life imprisonment or
reclusion perpetua; or 2. Serve a
copy of the notice
b. a lesser penalty for offenses to the adverse
committed on the same occasion or party.
which arose from the same
occurrence that gave rise to the
offense punishable by reclusion
perpetua or life imprisonment
4. Where the imposable Automatic
penalty is death review to the
Court of Appeals
(Section 10,
Section 122)
SC 1. All other appeals except:

a. Decision of RTC where the

imposable penalty is life
imprisonment or reclusion perpetua
or a lesser penalty for offenses
committed on the same occasion or
which arose from the same
occurrence that gave rise to the
offense punishable b reclusion
perpetua or life imprisonment; and
 b. Decisions of RTC imposing
the penalty of death.
2. CA Automatic
Review (Section
a. When it finds that death 13, Rule 124)
penalty should be imposed.

b. Where it imposes reclusion Notice of

perpetua, life imprisonment or a Appeal (Section
lesser penalty. 13, Rule 124)
3. Sandiganbayan File a notice
of appeal.
a. Exercising its appellate
jurisdiction for offenses where the
imposable penalty is reclusion
perpetua or life imprisonment
b. Exercising its original File a notice
jurisdiction for offenses whre the of appeal
imposable penalty is reclusion
perpetua and life imprisonment. (Section 13,
Rule 124; Section
5, PD 1606 as
amended by RA
8249).
c. cases not falling in Petition for
paragraphs (a) and (b) above review in certiorari
via a Rule 45

SALIENT FEATURES OF APPEALS IN CRIMINAL CASES

(Article 122 -125)

The rules on appeals under the Code of Civil Procedure

states that the appeal is taken: a) to the RTC, in cases decided by
MeTC, MTCC, MTC, or MCTC; b) to the CA or SC, in the proper
cases provided by law, in cases decided by RTC; and c) to the SC
in cases decided by the CA67. According to Section 6 Rule 122, of
the Rules of Court, the appeal must be taken within fifteen (15)
days from promulgation of the judgment or from notice of the
final order appealed from.

In an appeal from MTC to RTC, it is a memorandum and not

a brief which is filed. A person may appeal from the RTC
depending on the penalty imposed. If what is imposed is death
penalty they may appeal to the CA by automatic review. If
reclusion perpetua or life imprisonment and those other offense,
which, although not so punished, arose out of the same
occurrence or which may have been committed by the accused on
the same occasion, as that giving rise to the more serious offense
they may appeal to the CA by ordinary appeal meaning notice of
appeal and service to adverse party. If the question raised in the
appeal involves question of fact or law an appeal may be made to
the CA by ordinary appeal or by petition for review if RTC
exercised its appellate jurisdiction. However, if the question
involves purely question an appeal may be made to the Supreme
Court by petition for review on certiorari. 68 An appeal must be
taken within fifteen (15) days from: a) Promulgation of judgment
appealed from; or b) Notice of the final order appealed from.

The period for perfecting an appeal shall be suspended from

the time a motion for new trial or reconsideration is filed until
notice of the order overruling the motion has been served upon
the accused or his counsel at which time the balance of the period
begins to run69.

Section 13 of Rule 124 governs the appeals taken from CA

to SC. In case CA finds that death penalty should be imposed the
following must be done: a) It shall render judgment; b) It shall
refrain from making an entry of judgment; c) Certify the case;
and d) Elevate its entire record to the SC for review. In case the
judgment also imposes a lesser penalty for offenses committed
on the same occasion or which arose out of the same occurrence
67
(S2 R122, ROC)
68
(S3 R122, ROC)
69
Rule 122, Rules of Court, Sec. 8
that gave rise to the more severe offense for which death penalty
is imposed, and the accused appeals. The appeal shall be
included in the case certified for review, to the SC.

In case CA imposes reclusion perpetua, life imprisonment or

a lesser penalty: a) It shall render judgment; b) It shall enter
judgment imposing such penalty; and c) Judgment may be
appealed to the SC by a notice of appeal filed with the CA.

The rules on appeal in case there are several accused are

provided under Section 11 of Rule 122: a) An appeal taken by
one or more of several accused shall not affect those who did not
appeal, except insofar as the judgment of the appellate court is
favorable and applicable to the latter; b) The appeal of the
offended party from the civil aspect shall not affect the criminal
aspect of the judgment or order appealed from; and c) Upon
perfection of the appeal, the execution of the judgment or final
order appealed from shall be stayed as to the appealing party.
The SC has relaxed these rules in cases where: a) The benefit of
acquittal handed down in an appeal was applied to an accused
who jumped bail or escaped. (People v Fernandez, G.R. No.
80481, June 27, 1990); and b) An accused has benefitted from
the acquittal of his co-accused despite the former‘s failure to
appeal from the judgment. (People v Olivo, G.R. NO. 177768,
July 27, 2009)

If the penalty is reclusion perpetua life imprisonment or a

lesser penalty:, the appeal in the CA must be taken in the
following manner: a) It shall render judgment; b) It shall enter
judgment imposing such penalty; c) Judgment may be appealed
to the SC by a notice of appeal filed with the CA70.

It must be taken into consideration that an appeal may be

dismissed if the accused did not file a brief. Section 8 of Rule 124
provides that the CA may, upon motion of the appellee or

70
Rule 124, Rules of Court, Sec. 13
motuproprio and with notice to the appellant in either case,
dismiss the appeal if the appellant fails to file his brief within the
time prescribed which, under Section 3 of the same Rule, should
be within 30 days from receipt by the appellant or his counsel of
the notice from the clerk of court of the CA that the evidence,
oral and documentary, is already attached to the record.
However, if the accused is assisted by a counsel de officio and no
brief was filed, the appeal is not dismissed. It is expressly stated
as an exception in the Rules that if appellant is represented by a
counsel de officio, there is no dismissal of the appeal for failure of
appellant to file a brief. The clerk of court of CA shall designate a
counsel de officio if it appears from the record of the case as
transmitted that: a) The accused is confined in prison; b) Is
without counsel de parte on appeal; or c) Has signed the notice of
appeal himself. An appellant who is not confined in prison may,
upon request, be assigned a counsel de officio within 10 days
from receipt of the notice to file brief and he establishes his right
thereto71. It has been expressly provided under the rule that
substantial error rule apply in criminal cases, the provision states
that “No judgment shall be reversed or modified unless the CA,
after an examination of the record and of the evidence adduced
by the parties, is of the opinion that error was committed which
injuriously affected the substantial rights of the appellant72.

In an appeal, the accused is allowed to withdraw the appeal.

Notwithstanding perfection of the appeal, the RTC, MeTC, MTCC,
MTC, or MCTC, as the case may be, may allow the appellant to
withdraw his appeal before the record has been forwarded by the
clerk of court to the prope appellate court as provided under
Section 8, in which case the judgment shall become final 73.
Within 5 days from the filing of the notice of appeal, the clerk of
court with whom the notice of appeal was filed must transmit to

71
Rule 124, Rules of Court, Sec. 2
72
Rule 124, Rules of Court, Sec. 10
73
Rule 122, Rules of Court, Sec. 12
the clerk of court of the appellate court the complete record of
the case, together with said notice.

III. ANALYSIS

SIMILARITIES OF THE RULES IN APPEALS OF CIVIL

AND CRIMINAL CASES
In both criminal and civil cases appeal is not a natural right
or a part of constitutional due process, but merely a statutory
privilege and may be exercise only in the manner and in
accordance with the provisions of the law. The party who seeks to
avail himself of the same must comply with the requirements of
the rules, failing in which the right to appeal is lost (Estarija vs.
People, G.R No. 173990, October 27, 2009)
The mandate of the Office of the Solicitor General can be
found in Book 4, Title III, and Chapter 12 of the 1987
Administrative Code. The Solicitor General has the following
official powers and functions: a) Represent the government in all
criminal proceedings in the Supreme Court and Court of Appeals
and b) Represent the government and its officers in all civil
actions and special proceedings. In cases outside the Philippines,
the OSG may employ counsel for assistance. It can be inferred
from the aforementioned statement that the Solicitor general
represents the Republic of the Philippines in the actions for and
against it even in the appellate courts.
Rule 44 as provided under the Rules on Civil Procedure also
apply to criminal cases. The provisions of the following rules
relating to procedure in the Court of Appeals and in the Supreme
Court in original and appealed civil cases shall be applied to
criminal cases insofar as they are applicable and not inconsistent
with the provisions of this Rule 74 particularly: a) Rule 42 –
Petition for Review with the CA; b) Rule 44 – Ordinary Appealed
Cases; and c) Rule 45 – Petition for review on certiorari with the
Supreme Court

74
Rule 124, Rules of Court, Sec. 18
 In Yu v Tatad – Samson 75 the fresh period rule enunciated in
the Neypes vs Court of Appeals 76 which categorically set a fresh
period of 15 days to appeal counted from the receipt of the oder
dismissing a motion for new trial or motion for reconsideration
applies equally the criminal cases under Section 6, of Rule 122.
Among the reasons advanced for said ruling are: (1) that Section
39 of BP 129, as amended makes no disctintion between the
period to appeal in a civil case and in a criminal case; (2) that
despite their different wording, there is no substantial difference
between Section 3, Rule 41 and Section 6, Rule 122 insofar as
legal consequences are concerned; and (3) that Neypes included
Rule 42 and 45 in its application both of which also apply in
appeals in criminal cases, per Section 3 of Rule 122.
Once an appeal in a case, whether civil or criminal, has been
perfected, the court a quo loses jurisdiction over the case both
over the record and over the subject of the case (Obosa vs. CA
G.R. No. 114350).The period for appeal in criminal and civil case
is interrupted from the time a motion for new trial or
reconsideration is filed.
Appeal is a matter of right in civil cases when it involves the
first manner of appeal. Appeals from decision of the MTC (Rule
40) and RTC (Rule41) rendered in the exercise of original
jurisdiction should be granted as a matter of right if filed with the
reglementary period except the first appeal is not considered as a
matter of right if filed with the Supreme Court. According to
Section 6, Rule 45 of the Rules of Court, the review of decisions
of the SC is not a matter of right but of sound judicial discrection,
and will be granted only where there are special and important
reasons thereof. On the other hand, appeal is a matter of right in
criminal cases when the RTC imposes death penalty because the
CA shall automatically review the judgement as provided under
Section 3 (d), Rule 122 of the Rules of Court.

75
G.R. No. 170979, February 9, 2011
76
G.R. No, 141523, September 14, 2005, 469 SCRA 633
 The briefs in the criminal cases shall have the same contents
as provided under Section 13 (Contents of Appellant’s Brief) and
Section 14 (Contents of Appellee’s brief) under Rule 44. A
certified true copy of the decision or final order appealed from
shall be appealed to the brief of the appellant.
Jurisprudence provides that in both criminal and civil cases,
the Supreme Court is not a trier of facts and is not to review or
calibrate the evidence on record, Moreover, finding of facts of the
trial court as affirmed on appeal by the Court of Appeals, are
conclusive to the Supreme Court 77. The well-entrenched rule in
our jurisdiction is that only questions of law may be entertained
by this Court in a petition for review on certiorari. This rule,
however, is not ironclad and admits certain exceptions, such as
when (1) the conclusion is grounded on speculations, surmises or
conjectures; (2) the inference is manifestly mistaken, absurd or
impossible; (3) there is grave abuse of discretion; (4) the
judgment is based on a misapprehension of facts; (5) the findings
of fact are conflicting; (6) there is no citation of specific evidence
on which the factual findings are based; (7) the findings of
absence of facts are contradicted by the presence of evidence on
record; (8) the findings of the Court of Appeals are contrary to
those of the trial court; (9) the Court of Appeals manifestly
overlooked certain relevant and undisputed facts that, if properly
considered, would justify a different conclusion; (10) the findings
of the Court of Appeals are beyond the issues of the case; and
(11) such findings are contrary to the admissions of both
parties78.
Payment of docket fees are both essential in criminal and
civil case. Docket fee is a jurisdictional requirement for court
have jurisdiction over the civil cases. Hence, if not paid on time,
Supreme Court held that the appellate court does not acquire
jurisdiction over the case. In the 1987 case of Manchester
Development Corporation v. CA79 the Court laid down the general
rule that "[a court] acquires jurisdiction over any case only upon
77
Boston Bank of the Philippines vs Manalo, G.R. No. 158149, February 9, 2006
78
Asian Terminals Inc. vs. Simon Enterprises, Inc. G.R. No. 177116, February 27, 2013
79
G.R. No. 75919 May 7, 1987
the payment of the prescribed docket fee." Also, In Ortigas &
Company Limited Partnership v. Velasco80 a civil case which was
cited in Bañares II, the Court explained the nature of dismissals
without prejudice:
“Even assuming the dismissal to be without prejudice, the
case could no longer be reinstated or "revived" by mere motion in
the original docketed action, but only by the filing of another
complaint accompanied, of course, by the payment of the
corresponding filing fees prescribed by law. x x x”
The Court is not oblivious to the fact that Bañares II, where
criminal cases were involved, uses the phrase "file a new
complaint." It must be clarified, however, that Bañares II and
Ortigas merely state the rule that when an order dismissing a
case without prejudice has attained finality, the case may no
longer be revived by mere motion as it is no longer within the
court's power to modify or amend; instead, the action must be
instituted anew. Bañares II and Ortigas did not require a new
complaint for preliminary investigation in order to revive a
criminal case81. It can be inferred from this case that payment of
docket fees are also jurisdictional in criminal cases.
Lastly, it must be taken into consideration that an appellant
may withdraw his appeal in both criminal and civil cases. Dee
See Choon vs. J. S. Stanley82 provides for the process to be
observed in withdrawing the appeal of a civil action and it states
that “After a case has been submitted, appellants in order to
withdraw their appeals, must obtain the consent of the adverse
party or parties or show that such consent is being withheld for
insufficient reasons, must make proper motion in this court, and
must obtain the leave of the court”. Conversely, the appellant
may withdraw his appeal before the record has been forwarded
by the clerk of court to the proper appellate court as provided by
Rule 122, Section 8 of the Rules of Court, in which case the
judgement shall become final. The court may also, in its

80
G. R. No. 109645 July 25, 1994
81
Ciron vs. Gutierrez, G.R. Nos. 194339-41, April 20, 2015
82
G.R. No. L-13384, April 10, 1918
discretion, allow the appellant to withdraw his appeal, provided
that a motion to that effect is filed before the rendition of
judgement in the case of appeal83
DIFFERENCES OF THE RULES IN APPEALS OF CIVIL
AND CRIMINAL CASES
It is suggested that the provisions of Rule 43 should apply
only to “ordinary” quasi-judicial agencies but not to the Office of
the Ombudsman, which is a “high constitutional body” 84. In
criminal cases, the ruling of the Ombudsman shall be elevated to
the Supreme Court by way of Rule 65. The Supreme Court’s
power of review over resolutions and orders of the Office of the
Ombudsman is restricted only to determining whether grave
abuse of discretion has been committed by it85.
The numbers of modes of appeal differs in civil and criminal
cases. The Rules of Court recognizes four modes of appeal by
which the decision of final order of the court in criminal cases
may be reviewed by a higher tribunal, viz: a) Ordinary appeal
(Rule 122); b) Petition for review (Rule 42); c) Petition for Review
on Certionari (Rule 45) and d) Automatic Appeal (Rule 122). The
Rules also provides for the modes of appeal in actions involving
civil cases, viz: a) Ordinary Appeal; b) Petition for review; and c)
Petition for Review on Certiorari or Appeal.
In the case of Catmon Sales International Corporation vs.
Atty. Yngson 86, it is well settled that a party who has not
appealed from a decision cannot seek any relief, other than what
is provided in the judgment appealed from. This is different from
criminal cases. In criminal cases, an appeal taken by one or more
of several accussed shall not affect those who did not appeal
except insofar as the judgement of the appellate court is
favorable and applicable to the latter87.

83
People vs. Magrigal-Gonzales, G.R.No. L-31102, May 5, 1979
84
Fabian vs. Desierto, G.R. no 129742, September 16, 1998
85
Salvador vs. Mapa, G.R no. 135080, November 28, 2007
86
G.R. No. 179761 January 15, 2010
87
Rule 122, Rules of Court, Sec. 11
 In civil cases, if the appellant does not submit his
memorandum, the RTC can dismiss the appeal under Rule 40. It
is important because, similar to a brief on appeal before the CA, it
points out to the RTC the errors committed by the inferior court
The requirement for the submission of appellants memorandum is
a mandatory and compulsory rule88There is always a disputable
presumption that a decision rendered by the court is correct. If
the appellant refuses or fails to submit the appeal memorandum,
the presumption will stand and the appeal will be dismissed.
However there is no such rule in criminal cases, if the parties do
not file a memorandum, the RTC shall decide on the basis of the
entire records of the case89.
In civil cases brought on appeal, the appellate court will
resolve only issues raised in the assignment of errors. No other
issue, generally, will be resolved by the court. The only exception
is if the issue not raised in the assignment is closely related to
the issue raised in the assignment of errors of the appellant. In a
criminal case, if there is an error committed by the trial court,
whether mentioned or not in the assignment of errors, the CA or
SC can take cognizance of such errors in resolving the appeal.
The appellate courts are very flexible in a criminal case whose
decision from the trial court was brought before it on appeal. The
appellate courts are very flexible in a criminal case whose
decision from the trial court was brought before it on appeal. It
has also been explained by Moya (2019) citing People vs.
Alenjandro that “in criminal cases an appeal throws the entire
case wide open for review and the reviewing tribunal can correct
errors, though unassigned in the appealed judgment or even
reverse the trail court’s decision based upon the grounds other
than those that the parties raised as errors. The appeal confers
the appellate court full jurisdiction over the case and renders
such court competent to examine records. Revise the judgment
appealed from, increase the penalty, and cite the proper
provisions of the law”.
88
Mellano vs. Lucillo, G.R. no, 154717, June 19, 2009
89
Rule 122, Rules of Court, Sec. 9
 As held in the case of People vs. Arguta 90 the appeal in
criminal cases confers upon the appellate court full jurisdiction
over the case and renders such court competent to examine the
records, revise the judgement appealed from, increase the
penalty, and cite the proper provisions of the law” while in civil
cases the RTC may still have a residual jurisdiction. The residual
jurisdiction of trial courts is available at a stage in which the court
is normally deemed to have lost jurisdiction over the case or the
subject matter involved in the appeal. This stage is reached upon
the perfection of the appeal by the parties or upon the approval
of the records on appeal, but prior to the transmittal of the
original records or the records on appeal.
Any party may appeal from a judgement or final order,
unless the accused will be placed in double jeopardy 91. The word
party does not only include the government but other persons as
well, such as the complainant who may be affected by the
judgement rendered in the criminal proceedings 92. Conversely,
either the offended party or the accused may appeal the civil
aspect of the judgement despite the acquittal of the accused. The
real parties in interest in the civil aspect of a decision are the
offended party and the accused93.
Lastly, appellee in a criminal case may waive his right to a
notice that an appeal has been taken. The appellate court may, in
its discretion, entertain an appeal notwithstanding failure to give
such notice if the interests of justice so require 94 but the rules on
appeal in the matters involving civil action does not expressly
provide that such notice must be waived, thus, it can be inferred
that notice that an appeal has been made is mandatory.

III. CONCLUSION

90
G.R. No. 213216, April 20, 2015
91
Rule 122, Rules of Court, Sec. 1
92
People vs. Madali, G.R. No. 126050, January 6, 2001
93
Hun Hyung Park vs, Eung Won Choi, G.R. No. 183652, February 25, 2015
94
Rule 122, Sec. 5
 Appeals have become an increasingly important feature in
the Philippines justice systems. Despite this trend, judicial and
academic consideration of the right to appeal remains scarce. It is
important for the Legal Education Board and the Supreme Court
to guide or inform the students of the legal education by creating
a curriculum which would expose the student to the trial practice
to enable them to better understand the provisions of Rules of
Court.

The Rules of Court set out the procedural remedies available

to litigants and the methods for availing of each in civil and
criminal actions, as well as in special proceeding. These rules are
made for initiation, prosecution, and resolution of legal
controversies. Appeal appears to be the insurance that the proper
procedure was followed and that the outcome is fair. An appeal
is, in essence, a guarantee of correctness.

Taking as the basis our provisions under the Rules of Court,

it can be deemed that in the Philippine legal system, the modes
of review available to a litigant are more numerous compared
with those in use in other jurisdictions which makes the process
of appeal more complicated and is contrary to the principle of
just, speedy and inexpensive trial. This is further illustrated by
the introduction of Rule 42 which provides for a second review of
a decision or final order of a Metropolitan Trial Court, a Municipal
Trial Court or a Municipal Circuit Trial Court, that has already
been reviewed via an ordinary appeal to the Regional Court. This
second review is done through a Petition for Review with the
Court of Appeals95.

The researcher strongly believes that the lawmakers should

not only revised other pertinent provisions of the rules but must
also include the processes to be observed in making an appeal to
further lessen the number of court dockets and to timely resolve
the cases filed in an expedient and prompt manner.

95
Singh, M. F. D. (2016). Rule 42: Writing Finis to a 20--Year Redundancy. Ateneo Law Journal, 61(2), 401–429.