Mga fina-file kung gusto mo mag appeal before finality of judgment

Notice of Record Record on Appeal Verified Petition for Review

File it sa Court a Qou (Court where the judgment is rendered) + Submit the petition mismo sa CA or SC,
appellate fee and lawful fees. pay docket & lawful fees, 500 for cost
Final Order Interlocutory Order
An appeal as a matter of right – they can’t deny it if kumpleto Discretionary – so pwede I deny
Disposes of the matter in Does not disposes the
ka ng requirements. kahit complete ka sa requirement,
its entirety, either the matter in its entirety.
kung walang merit sa tingin nila.
whole case or particular
matter, leaving nothing MTC-RTC / RTC-CA MTC-RTC / RTC-CA CA
more to do but to enforce
execution Period: w/in 15 days from Period: w/in 15 days from receipt of Period: w/in 15 days from receipt of
Appealable NOT Appealable; except on receipt of judgment or judgment or order denying MR/NT judgment or order denying MR/NT
instances provided by the order denying MR/NT (extendible 15 days)
(extendible pa with good and (+15 days with compelling reason)
Rules, Rule 65 is a remedy
Must clearly and distinctly No need to comply (Non-extendible) meritorious ground)
SC
state the law and facts on
w/in 15 days from receipt of judgment
w/c it is based or order denying MR/NT
Immediately Executory Not Immediately (extendible 30 days for justifiable
Final Orders Executory Final Orders reasons)
Summary Proceedings Ordinary cases
Small claims Ordinary cases Multiple Appeals
Unlawful Detainer Kaya may record on appeal kasi, irerecord
Forcible Entry Sa notice on appeal, kaya ito 15 mo muna ung mga need na ilista sa appeal
days lang mas mababa ung mo, pati mga documents at evidence…
Awards by Agencies
period kasi gagawin mo dito Why? Kasi hindi pa na-attain with
Compromise Agreements complete finality lahat ng issues sa trial or
mag nonotice kalang, sulat ka
lang ng letter notifing the Court case. Ung sayo palang as a matter ung
a qou na mag aappeal ka tapos may judgement, kaya mag aappeal ka
Peculiar from R.40 & R.41
sila na bahala – si COC na bahala based on the matter na may judgement
R.40 (MTC-RTC) R.41 (RTC-CA) na sa case. Ohh ehh bakit multiple
sa transmittal ng records, hindi
Non-payment of docket Non-payment of docket katulad sa Record on appeal na appeal? Kasi after naman matapos nung
fees are not dismissible, fees are dismissible ang records ehh wala pa kasi ibang issues pwede pa sila mag appeal. So
hindi pa tapos ng buo ung case. madaming appeal imbes na one appeal
even the records are when the records are in
Tapos lang sa certain matter na lang. Compare sa notice of appeal na
transmitted to RTC CA. CA may dismiss it. tapos na lahat, lahat nbg record nasa coc
pwede na I appeal.
na, at si COC na bahaa diba mag transmit
sa appellate court

Example:
/ Special proceedings
/ Actions of property with accounting
/ Actions for partition with accounting
/ Expropriation cases
/ Special civil actions for foreclosure
Rule 45. Appeal by Certiorari to the Supreme Court
Section 1. Filing of petition with Supreme
Court.
— 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 certiorari. The petition shall raise
only questions of law which must be
distinctly set forth. (1a, 2a)
Section 2. Time for filing; extension.
— The petition shall be filed within fifteen
(15) days from notice of the judgment or final
order or resolution appealed from, or of the
denial of the petitioner's motion for new trial
or reconsideration filed in due time after
notice of the judgment. On motion duly filed
and served, with full payment of the docket
and other lawful fees and the deposit for
costs before the expiration of the
reglementary period, the Supreme Court may
for justifiable reasons grant an extension of
thirty (30) days only within which to file the
petition. (1a, 5a)
Section 3. Docket and other lawful fees;
proof of service of petition.
— Unless he has theretofore done so, the
petitioner shall pay the corresponding docket
and other lawful fees to the clerk of court of
the Supreme Court and deposit the amount
of P500.00 for costs at the time of the filing
of the petition. Proof of service of a copy,
thereof on the lower court concerned and on
the adverse party shall be submitted together
with the petition. (1a)
Section 4. Contents of petition.
— 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
(a) 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;
(b) 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;
(c) set forth concisely a statement of the matters
involved, and the reasons or arguments relied on for
the allowance of the petition;
(d) 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
record as would support the petition; and
(e) contain a sworn certification against forum
shopping as provided in the last paragraph of section
2, Rule 42. (2a)
Section 5. Dismissal or denial of petition.
— The failure 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 shall be
sufficient ground for the dismissal thereof.
The Supreme Court may on its own initiative deny the
petition on the ground that the appeal is without merit, or
is prosecuted manifestly for delay, or that the questions
raised therein are too unsubstantial to require
consideration. (3a)
Section 6. Review discretionary.
— A review 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. (4a)
Section 7. Pleadings and documents that may Section 8. Due course; elevation of records. Section 9. Rule applicable to both civil and
be required; sanctions. criminal cases.
— If the petition is given due course, the Supreme
— For purposes of determining whether the Court may require the elevation of the complete — The mode of appeal prescribed in this Rule shall
petition should be dismissed or denied pursuant to record of the case or specified parts thereof within be applicable to both civil and criminal cases,
section 5 of this Rule, or where the petition is given fifteen (15) days from notice. (2a) except in criminal cases where the penalty imposed
due course under section 8 hereof, the Supreme is death, reclusion perpetua or life imprisonment.
Court may require or allow the filing of such (n)
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
therefor. (n)