MODES OF APPEAL

RULE 43
RULE 40
MTC TO RTC
Ordinary Appeal
How to Appeal GR: Filling a notice of appeal
XPN: Special proceedings
and other cases of multiple
or separate appeals record
on appeal may be required
When to Appeal Ordinary Appeal - Within 15
days
Record on Appeal (if
required) – within 30 days
Issues Questions of law/fact
RULE 41
APPEALS FROM RTC
Ordinary Appeal
GR: Filling a notice of appeal
and no record on appeal
XPN: Special proceedings
and other cases of multiple
or separate appeals
Ordinary Appeal – within 15
days
Record on Appeal – within
30 days
Appeal in habeas corpus
cases – within 48 hours
Questions of law/fact
RULE 42 RULE 45
APPEALS FROM QUASI
PETITION FOR REVIEW APPEALS BY CERTIORARI
JUDICIAL AGENCIES TO
FROM RTC TO CA TO SC
CA
Petition for Review Petition for Review Appeal by Certiorari
By filing a verified petition By filing a verified petition By filing a verified petition
for review with the CA and for review with the CA for review on certiorari
paying the required docket
and lawful fees
Within 15 days Within 15 days Within 15 days
Questions of law/fact Questions of law/fact Only questions of law

NOTICE OF APPEAL RECORD ON APPEAL

Normally, appeal is made 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.
Deemed perfected as to him upon the filing of the notice of appeal.
Period of appeal is 15 days
The court loses jurisdiction over the case upon (a) perfection of the appeal filed in due
time and (b) expiration of the time of the appeal of the other parties
Required only in Special Proceedings and other cases of multiple or separate appeals.
However, even in cases where multiple appeals are allowed, if all the issues have already
been dispensed with by the trial court, filing a record on appeal is no longer necessary.
(Marinduque Mining and Industrial Corporation v. CA, 567 SCRA 483)
Deemed perfected as to him upon the approval of record on appeal.(Riano, 2014)
Period of appeal is 30 days
The court loses jurisdiction only over the subject matter thereof upon (a) approval of the
records on appeal filled in due time and (b) expiration of the time to appeal of the other
parties.
 RULE 45
Petition for Review on Certiorari
A mode of appeal which seeks to review final judgments and orders (Sec. 2, Rule 41).
A continuation of the appellate process over the original case.
Raises questions of law
Filed within 15 days from notice of judgment, final order or resolution appealed from
The parties are the original parties with the appealing party as the petitioner and the
adverse party as the respondent, without impleading the lower court or its judge (Sec.
4(a), Rule 45).
RULE 65
Special Civil Action in Certiorari
A special civil action that is an original action (Rule 65) directed against an interlocutory
order or matters where no appeal may be taken from (Sec. 1, Rule 41).
Not part of the appellate process, it is an independent action.
Raises questions of jurisdiction
Filed not later than 60 days from notice of judgment, order or resolution sought to be
assailed, or from notice of denial of an MR or MNT.
The tribunal, board, or officer exercising judicial or quasi-judicial functions is impleaded as
respondent (Sec. 5 Rule 65).