RULE 40

Appeal From Municipal Trial Courts to the Regional Trial Courts

Section 1. Where to appeal. — An appeal from a judgment or final order of a Municipal Trial Court
may be taken to the Regional Trial Court exercising jurisdiction over the area to which the former
pertains. The title of the case shall remain as it was in the court of origin, but the party appealing the
case shall be further referred to as the appellant and the adverse party as the appellee. (a)

Section 2. When to appeal. — An appeal may be taken within fifteen (15) days after notice to the
appellant of the judgment or final order appealed from. Where a record on appeal is required, the
appellant shall file a notice of appeal and a record on appeal within thirty (30) days after 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 allowed. (n)

Section 3. How to appeal. — The appeal is taken by filing a notice of appeal with the court that
rendered the judgment or final order appealed from. The notice of appeal shall indicate the parties to
the appeal, the judgment or final order or part thereof appealed from, and state the 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.

The form and contents of the record on appeal shall be as provided in section 6, Rule 41.

Copies of the notice of appeal, and the record on appeal where required, shall be served on the
adverse party. (n)

Section 4. Perfection of appeal; effect thereof. — The perfection of the appeal and the effect thereof
shall be governed by the provisions of section 9, Rule 41. (n)

Section 5. Appellate court docket and other lawful fees. — 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. 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. (n)

Section 6. Duty of the clerk of court. — Within fifteen (15) days from the perfection of the appeal, the
clerk of court or the branch clerk of court of the lower 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. A copy of his letter of transmittal of the records to the appellate court
shall be furnished the parties. (n)

Section 7. Procedure in the Regional Trial Court. —

(a) Upon receipt of the complete record or the record on appeal, the clerk of court of the
Regional Trial Court shall notify the parties of such fact.
 (b) Within fifteen (15) days from such notice, it shall be the duty of 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 fifteen (15) days from receipt of
the appellant's memorandum, the appellee may file his memorandum. Failure of the
appellant to file a memorandum shall be a ground for dismissal of the appeal.

(c) Upon the filing of the memorandum of the appellee, or the expiration of the period to do
so, the case shall be considered submitted for decision. The Regional Trial Court shall
decide the case on the basis of the entire record of the proceedings had in the court of
original and such memoranda as are filed. (n)

Section 8. Appeal from orders dismissing case without trial; lack of jurisdiction. — If an appeal is
taken from an order of the lower court dismissing the case without a trial on the merits, the Regional
Trial Court may affirm or reverse it, as the case may be. In case of affirmance and the ground of
dismissal is lack of jurisdiction over the subject matter, the Regional Trial Court, if it has jurisdiction
thereover, shall try the case on the merits as if the case was originally filed with it. In case of
reversal, the case shall be remanded for further proceedings.

If the case was tried on the merits by the lower court without jurisdiction over the subject matter, the
Regional Trial Court on appeal shall not dismiss the case if it has original jurisdiction thereof, but
shall decide the case in accordance with the preceding section, without prejudice to the admission of
amended pleadings and additional evidence in the interest of justice. (n)

Section 9. Applicability of Rule 41. — The other provisions of Rule 41 shall apply to appeals
provided for herein insofar as they are not inconsistent with or may serve to supplement the
provisions of this Rule. (n)