Guide to Appellate Pleadings (c) 

            An interlocutory order;

Rule 40. – Appeal from MTC to RTC. (d)            An order disallowing or dismissing an appeal;

Via Notice of Appeal – 15 days. (e)            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
1.      Parties
other ground vitiating consent.
2.    Judgment or final order or part thereof appealed from,
(f)             An order of execution;
3.    Material dates showing the timeliness of the appeal.
(g)            A judgment or final order for or against one or more of several
4.    Grounds. parties or in separate claims, counterclaims, cross-claims and third-party
complaints, while the main case is pending, unless the court allows an
Appellant’s Memorandum – 15 days. Non-filing is ground to dismiss the appeal therefrom; and
appeal.
(h)            An order dismissing an action without prejudice.
Appellee’s Memorandum – 15 days from receipt of Appellant’s
Memorandum. In all the above instances where the judgment or final order is not
appealable, the aggrieved party may file an appropriate special civil action
Record on appeal – 30 days: under Rule 65. (n)
1.      Notice of appeal (see above) and Modes of appeal.—
2.    Record on appeal. (a)            Ordinary 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
RULE 41 - APPEAL FROM THE REGIONAL TRIAL COURTS TO THE COURT OF judgment or final order appealed from and serving a copy thereof upon the
APPEALS. adverse party. No record on appeal shall be required except in special
Subject of appeal.—An  appeal may be taken from a judgment or final order proceedings and other cases of multiple or separate appeals where the law
that completely disposes of the case, or of a particular matter therein when or these Rules so require. In such cases, the record -on appeal shall be filed
declared by these Rules to be appealable. and served in like manner.

No appeal may be taken from:
(a)            An order denying a motion for new trial or reconsideration;
(b)            An order denying a petition for relief or any similar motion seeking
relief from judgment;
(b)            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.
(c)            Appeal by certiorari.—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 Rule 45. (n)
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Rule 41, Appeal from RTC to CA.-
Notice of appeal.— 15 days.  Pay appeal fees to RTC OCC.
1.      Parties to the appeal,
2.    Judgment or final order or part thereof appealed from,
3.    The court to which the appeal is being taken, and
4.    Material dates showing the timeliness of the appeal.
Record on appeal; form and contents thereof—
1.      Full names of all the parties to the proceedings shall be stated in the
caption of the record on appeal.
2.    Judgment or final order from which the appeal is taken and,
3.    In chronological order, copies of only such pleadings, petitions, motions
and all interlocutory orders as are related to the appealed judgment or final
order for the proper understanding of the issue involved, together with such
data as will show that the appeal was perfected on time.
4.    If an issue of fact is to be raised on appeal, the record on appeal shall
include by reference all the evidence, testimonial and documentary, taken
upon the issue involved.
5.     The reference shall specify the documentary evidence by the exhibit
numbers or letters by which it was identified when admitted or offered at
the hearing, and the testimonial evidence by the names of the
corresponding witnesses.
6.    If the whole testimonial and documentary evidence in the case is to be
included, a statement to that effect will be sufficient without mentioning
the names of the witnesses or the numbers or letters of exhibits.
7.     Every record on appeal exceeding twenty (20) pages must contain a
subject index. (6a)
Approval of record on appeal —
1.      Upon  the filing of the record on appeal for approval and if no objection
is filed by the appellee within five (5) days from receipt of a copy thereof,
the trial court may approve it as presented or upon its own motion or at the
instance of the appellee, may direct its amendment by the inclusion of any
omitted matters which are deemed essential to the determination of the
issue of law or fact involved in the appeal.
2.    If the trial court orders the amendment of the record, the appellant,
within the time limited in the order, or such extension thereof as may be
granted, or if no time is fixed by the order within ten (10) days from receipt
thereof, shall redraft the record by including therein, in their
proper chronological sequence, such additional matters as the court may
have directed him to incorporate, and shall thereupon submit the redrafted
record for approval, upon notice to the appellee, in like manner as the
original draft. (7a)
Joint record on appeal.—Where  both parties are appellants, they may file a
joint record on appeal within the time fixed by section 3 of this Rule, or that
fixed by the court.
Perfection of appeal; effect thereof—
1.      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.
2.    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.
3.    In appeals by notice of appeal, the court loses jurisdiction over the case
upon the perfection of the appeals filed in due time and the expiration of
the time to appeal of the other parties.
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4.    In appeals by record on appeal, the court loses jurisdiction only over the
subject matter thereof upon the approval of the records on appeal filed in
due time and the expiration of the time to appeal of the other parties.
5.     In either case, prior to the transmittal of the original record or the
record on appeal, the court
5.1.          may issue orders for the protection and preservation of the rights
of the parties which do not involve any matter litigated by the appeal,
5.2.         approve compromises,
5.3.         permit appeals of indigent litigants,
5.4.         order execution pending appeal in accordance with section 2 of
Rule 39, and
5.5.         allow withdrawal of the appeal.
The Supreme Court recently approved certain amendments to the  Rules of
Court. On 4 December 2007, the SC issued  A.M. No. 07-7-12-SC, approving
the proposed amendments to Rules 41, 45, 58 and 65 of the  Rules of Court.
The  Resolution  took effect on 27 December 2007, following its publication
in a newspaper of general circulation. The amendments include:
Rule 41 (Appeal from the Regional Trial Courts)
* Under the former provision, no appeal may be taken from “[a]n order
denying a motion for new trial or reconsideration.” This was already
removed in the amendment. In  Neypes vs. Court of Appeals  (G.R. No.
141524, 14 September 2005) the SC noted that to “standardize the appeal
periods provided in the Rules and to afford litigants fair opportunity to
appeal their cases, the Court deems it practical to allow a fresh period of
15 days within which to file the notice of appeal in the Regional Trial
Court, counted from receipt of the order dismissing a motion for a new
trial or motion for reconsideration.” The SC also stated that “[h]enceforth,
this ‘fresh period rule’ shall also apply to Rule 40 governing appeals from
the Municipal Trial Courts to the Regional Trial Courts; Rule 42 on petitions
for review from the Regional Trial Courts to the Court of Appeals; Rule 43
on appeals from quasi-judicial agencies to the Court of Appeals and Rule 45
governing appeals by certiorari to the Supreme Court. The new rule aims
to regiment or make the appeal period uniform, to be counted from
receipt of the order denying the motion for new trial, motion for
reconsideration (whether full or partial) or any final order or resolution.”
RULE 42 - PETITION FOR REVIEW FROM THE REGIONAL TRIAL COURTS TO
THE COURT OF APPEALS
How appeal taken; time for filing.—
1.      Verified petition for review with the Court of Appeals – 15 days,
2.    Paying at the same time to the CA clerk of court the corresponding
docket and other lawful fees and costs, and
3.    Furnishing the Regional Trial Court and the adverse party with a copy of
the petition.
4.    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 Court of Appeals may grant an additional period of
fifteen (15) days only within which to file the petition for review.
5.     No further extension shall be granted except for the most compelling
reason and in no case to exceed fifteen (15) days. (n)
Form and contents of Petition For Review.—
1.      Verified petition seven (7) legible copies,
2.    With the original copy intended for the court being indicated as such by
the petitioner,
3.    Full names of the parties to the case, without impleading the lower
courts or judges thereof either as petitioners or respondents;
4.    Specific material dates showing that it was filed on time;
Page 3 of 14
5.     Statement of the maters involved,
6.    Issues raised,
7.     Specification of errors of fact or law, or both, allegedly committed by
the Regional Trial Court, and
8.    Reasons or arguments relied upon for the allowance of the appeal;
9.    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 Regional Trial Court, 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.
10.                        Verification and Anti-Forum Shopping Certification under
oath
11.   Affidavit of Service – Adverse parties. Lower Court.
12. CD of pleadings and annexes (PDF format)
13. Explanation
Action on the petition.—The  Court of Appeals may require the respondent
to file a comment on the petition, not a motion to dismiss, within ten (10)
days from notice, or dismiss the petition if it finds the same to be patently
without merit, prosecuted manifestly for delay, or that the questions raised
therein are too unsubstantial to require consideration. (n)
Contents of comment.— seven (7) legible copies,
1.      Accompanied by certified true copies of such material portions of the
record referred to therein together with other supporting papers and
2.    State whether or not he accepts the statement of matters involved in
the petition;
3.    Point out such insufficiencies or inaccuracies as he believes exist in
petitioner’s statement of matters involved but without repetition; and
4.    State the reasons why the petition should not be given due course.
5.     A copy thereof shall be served on the petitioner.
6.    Affidavit of Service.
7.     CD of pleading and annexes (PDF format).
8.    Explanation.
9.    Verification and AFS Certif optional/not mandatory.
Due course.—If  the Court of Appeals finds prima facie  that the lower court
has committed an error of fact or law that will warrant a reversal or
modification of the appealed decision, it may accordingly give due course to
the petition.
Elevation of record.—Whenever the Court of Appeals deems it necessary, it
may order the clerk of court of the Regional Trial Court to elevate the
original record of the case including the oral and documentary evidence
within fifteen (15) days from notice.(n)
Perfection of appeal; effect thereof —
(a)            Upon the timely filing of a petition for review and the payment of
the corresponding docket and other lawful fees, the appeal is deemed
perfected as to the petitioner.
The Regional Trial Court loses jurisdiction over the case upon the perfection
of the appeals filed in due time and the expiration of the time to appeal of
the other parties.
However, before the Court of Appeals gives due course to the petition, the
Regional Trial Court may issue orders for the protection and preservation of
the rights of the parties which do not involve any matter litigated by the
appeal, approve corn-promises, permit appeals of indigent litigants, order
execution pending appeal in accordance with section 2 of Rule 39, and allow
withdrawal of the appeal.
Page 4 of 14
(b)            Except in civil cases decided under the Rule on Summary 2.11.      National Telecommunications Commission,
Procedure, the appeal shall stay the judgment or final order unless the
2.12.    Department of Agrarian Reform under Republic Act No. 6657,
Court of Appeals, the law, or these Rules shall provide other wise.
2.13.    Government Service Insurance System,
Submission for decision.—
2.14.    Employees Compensation Commission,
If  the petition is given due course, the Court of Appeals may set the case
2.15.     Agricultural Inventions Board,
1.      For oral argument
2.16.    Insurance Commission,
2.    Or require the parties to submit memoranda within a period of fifteen
(15) days from notice. 2.17.     Philippine Atomic Energy Commission,
RULE 43 - APPEALS FROM THE COURT OF TAX APPEALS AND QUASI- 2.18.    Board of Investments,
JUDICIAL AGENCIES TO THE COURT OF APPEALS
2.19.    Construction Industry Arbitration Commission, and

2.20.  Voluntary arbitrators authorized by law.

Scope.—  Rule 43 applies to appeals from judgments or final orders of the:

1.      Court of Tax Appeals and

Cases not covered.— Rule 43 does not apply to judgments or final orders
2.    Any quasi-judicial agency in the exercise of its quasi-judicial functions. issued under the Labor Code of the Philippines – i.e., Labor Arbiter, NLRC En
Banc/Division.
2.1.          Civil Service Commission,
Period of appeal.— Fifteen (15) days.
2.2.        Central Board of Assessment Appeals,
1.      Only one (1) motion for reconsideration shall be allowed.
2.3.        Securities and Exchange Commission,
2.    Pay the appeal docket fee with the CA.
2.4.        Office of the President,
3.    Court of Appeals may grant an additional period of fifteen (15) days only
2.5.         Land Registration Authority,
within which to file the petition for review.
2.6.        Social Security Commission,
4.    No further extension shall be granted except for the most compelling
2.7.         Civil Aeronautics Board, reason and in no case to exceed fifteen (15) days.

2.8.        Bureau of Patents, Trademarks and Technology Transfer,

2.9.        National Electrification Administration, How appeal taken..— Verified petition for review

2.10.    Energy Regulatory Board, 1.      Seven (7) legible copies with the Court of Appeals,

Page 5 of 14
2.    Proof of service of a copy thereof on the adverse party and on the court
or agency a quo.
3.    The original copy of the petition intended for the Court of Appeals shall
be indicated as such by the petitioner.
4.    Upon the filing of the petition, the petitioner shall pay to the CA clerk of
court the docketing and other lawful fees and deposit for costs.
5.     Exemption from payment of docketing and other lawful fees and the
deposit for costs may be granted by the Court of Appeals upon a verified
motion setting forth valid grounds therefor. If denied, must pay the docket
fees/deposit w/in 15 days.
Contents of the Petition.—
1.      Full names of the parties to the case, without impleading the court or
agencies either as petitioners or respondents;
2.    Specific material dates showing that it was filed within the period fixed
herein.
3.    Concise statement of the facts
4.    Issues involved
5.     Grounds relied upon for the review;
6.    Accompanied by a clearly legible duplicate original or a certified true
copy of the award, judgment, final order or resolution appealed from,
7.     Certified true copies of such material portions of the record referred to
therein and other supporting papers;
8.    Verification and AFS Certif.
9.    Explanation
10.                        CD of pleading and annexes (PDF format) – not yet applied
as of Dec. 27, 2013.
Action on the petition.—The  Court of Appeals may
1.      Require the respondent to file a comment on the petition, not a
motion to dismiss, within ten (10) days from notice,
2.    Or dismiss the petition if it finds the same
2.1.          to be patently without merit,
2.2.        prosecuted manifestly for delay,
2.3.        or that the questions raised therein are too unsubstantial to require
consideration.
Contents of Comment.— Seven (7) legible copies
1.      Accompanied by clearly legible certified true copies of such material
portions of the record referred to therein together with other supporting
papers.
2.    Point out insufficiencies or inaccuracies in petitioner’s statement of
facts and issues;
3.    State the reasons why the petition should be denied or dismissed.
4.    A copy thereof shall be served on the petitioner,
5.     Affidavit of service
6.    Explanation
7.     CD of pleading/annexes – not yet mandatory as of Dec. 27, 2013.
Due course.—If  the Court of Appeals finds prima facie  that the court or
agency concerned has committed errors of fact or law that would warrant
reversal or modification of the award, judgment, final order or resolution
sought to be reviewed, it may give due course to the petition; otherwise, it
shall dismiss the same. 
Page 6 of 14
Factual Findings. - The findings of fact of the court or agency concerned, thirty (30) days from receipt of the notice issued by the clerk that all the
when supported by substantial evidence, shall be binding on the Court of evidence, oral and documentary, is already attached to the record.
Appeals.

Effect of appeal—The  appeal shall not stay the award, judgment, final order
Failure of the appellant to file his memorandum within the period therefor
of resolution sought to be reviewed unless the Court of Appeals shall direct
may be a ground for dismissal of the appeal.
otherwise upon such terms as it may deem just.

Remedy  – Integrate a motion for TRO in the petition for review.

Extension of time for filing briefs.—Extension  of time for the filing of briefs
Submission for decision.—If  the petition is given due course, the Court of
will not be allowed, except for good and sufficient cause, and only if the
Appeals may set the case for oral argument or require the parties to submit
motion for extension is filed before the expiration of the time sought to be
memoranda within a period of fifteen (15) days from notice.
extended.
PROCEDURE IN THE COURT OF APPEALS

RULE 44 - ORDINARY APPEALED CASES

Contents of appellant’s brief.— In the order herein indicated:

Appellant’s  brief.— Forty-five (45) days to file from receipt of notice from
(a)             A subject index of the matter in the brief
CA. Seven (7) copies.  With proof of service of two (2) copies thereof upon
the appellee. >with a digest of the arguments and page references, and

>table of cases alphabetically arranged, textbooks and statutes cited with

Appellee’s  brief—Forty-five (45) days from receipt of the appellant’s brief.
Seven (7) copies. With proof of service of two (2) copies thereof upon the
appellant.
references to the pages where they are cited;
(b)            Assignment of errors numbered consecutively;
(c)            “Statement of the Case” - a clear and concise statement of

>nature of the action,

Appellant’s reply  brief.—Twenty (20) days from receipt of the appellee’s
brief. Answer points in the appellee’s brief not covered in his main brief of >summary of the proceedings,
appellant. > appealed rulings and orders of the court,

>nature of the judgment and

Time of filing memoranda in special cases.—In  certiorari, prohibition, >any other matters necessary to an understanding of the nature of the
mandamus, quo warranto and habeas corpus cases, the parties shall file, in controversy,
lieu of briefs, their respective memoranda within a non-extendible period of
Page 7 of 14
>with page references to the record;
(d)            “Statement of Facts” –
>Facts admitted by both parties
> Facts in controversy,
> With the substance of the proof relating thereto
> With page references to the record;
(e)            Statement of the issues of fact or law
(f)             “Argument” –
>Appellant’s arguments on each assignment of error
> With page references to the record. 
> The authorities relied upon shall be cited by the page of the report at
which the case begins and the page of the report on which the citation is
found:
(g)            “Relief” - a specification of the order or judgment which the
appellant seeks; and
(h)            Appellant’s brief shall contain, as an appendix, a copy of the
judgment or final order appealed from.
Contents of appellee’s brief.— In the order herein indicated, the following:
(a)            Subject Index
(b)            “Statement of Facts” - Appellee shall state that he accepts the
statement of facts in the appellant’s brief, or under the heading “Counter-
Statement of Facts,” he shall point out such insufficiencies or inaccuracies as
he believes exist in the appellant’s statement of facts with references to the
pages of the record in support thereof, but without repetition of matters in
the appellant’s statement of facts; and
(c)            “Argument” - the appellee shall set forth his arguments in the case
on each assignment of error with page references to the record.
> The authorities relied on shall be cited by the page of the report at which
the case begins and the page of the report on which the citation is found.
Questions that may be raised on appeal.- Appellant may include in his
assignment of errors any question of law or fact that has been raised in the
court below and which is within the issues framed by the parties.
Ø Note - He cannot raise a new issue for the first time on appeal.
RULE 45 - APPEAL BY CERTIORARI TO THE SUPREME COURT
Verified  petition with Supreme Court.— Appeal by certiorari from a
judgment or final order or resolution of
1.      Court of Appeals,
2.    the Sandiganbayan,
3.    Regional Trial Court
4.    or other courts whenever authorized by law
>Verified – jurat must cite govt-issued ID
> AFS Certif. – jurat must cite govt-issued ID
> Raise only questions of law
> Explanation
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> Affid. of Service – jurat must cite govt-issued ID
> CD of pleading and annexes (PDF format). May be emailed to SC.
> IBP #, MCLE #, PTR #/date, IBP Chapter, Attys. Roll No.
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.
Contents of petition—Eighteen (18) copies. Original copy intended for the
court being indicated as such by the petitioner.
1.      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;
2.    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;
3.    Statement of the matters involved,
4.    Reasons or Arguments relied on for the allowance of the petition;
5.     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;
6.    Verification and AFS certification
Dismissal or denial of petition by MINUTE RESOLUTION.—
1.      failure of the petitioner to comply with any of the requirements
regarding
> payment of the docket and other lawful fees, deposit for costs,
> proof of service of the petition,
> the contents of petition
> the documents which should accompany the petition
> The Supreme Court may on its own initiative deny the petition on the
ground that
·        the appeal is without merit,
·        is prosecuted manifestly for delay,
·        that the questions raised therein are too unsubstantial to require
consideration.
Review discretionary under Rule 45.—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 therefor.  When allowed:
 (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.
Pleadings and documents that may be required; sanctions.—
Page 9 of 14
1. Supreme Court may require or allow the filing of such pleadings, briefs,
memoranda or documents as it may deem necessary within such periods
and under such conditions as it may consider appropriate.
2. It may impose the corresponding sanctions in case of non-filing or
unauthorized filing of such pleadings and documents or noncompliance with
the conditions thereof.
Due course; elevation of records.—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 notice.
Rule 45 (Appeal by Certiorari to the Supreme Court)
* Section 1 of Rule 45 was amended to include the Court of Tax Appeals
(CTA) in the list of courts from which an appeal may be taken directly to the
SC. The previous mode of appeal from a CTA decision is to the Court of
Appeals (CA), through Rule 43. This is no longer the case since the CTA is of
the same rank as the CA. Republic Act No. 9282 (2004) provides that the CTA
“shall be of the same level as the Court of Appeals.”
* Section 1 now provides that the “petition may include an application for a
writ of preliminary injunction or other provisional remedies” and that “[t]he
petitioner may seek the same provisional remedies by verified motion filed in
the same action or proceeding at any time during its pendency.”
RULE 46 - ORIGINAL CASES (Court of Appeals)
To what actions applicable.—This  Rule shall apply to original actions
for certiorari, prohibition, mandamus and quo warranto.
>Actions for annulment of judgment shall be governed by Rule 47,
>Certiorari, prohibition and mandamus by Rule 65,
>Quo warranto by Rule 66.
Contents and filing  of petition; effect of non-compliance with requirements.
—The  petition shall contain
1.      Full names and actual addresses of all the petitioners and respondents,
2.    Concise statement of the matters involved,
3.    Factual background of the case,
4.    Grounds relied upon for the relief prayed for.
5.     In actions filed under Rule 65:
>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.
6.    Seven (7) clearly legible copies
7.     Affid. of service
8.    Original copy intended for the court indicated as such by the petitioner
9.    Accompanied by:
> a clearly legible duplicate original or certified true copy of the judgment,
order, resolution, or ruling subject thereof,
>such material portions of the record as are referred to therein,
>and other documents relevant or pertinent thereto. 
10.   Verification
11.   AFS Certif.
12. Pay the corresponding docket and other lawful fees to the clerk of court
and deposit the amount of P500.00 for costs at the time of the filing of the
petition.
Page 10 of 14
Dismissal by minute resolution. - The failure of the petitioner to comply with
any of the foregoing requirements shall be sufficient ground for the
dismissal of the petition.
Effect of failure to file comment.—When  no comment is filed by any of the
respondents, the case may be decided on the basis of the record, without
prejudice to any disciplinary action which the court may take against the
disobedient party.
RULE 50 - DISMISSAL OF APPEAL (Court of Appeals)
Grounds for dismissal of appeal—An  appeal may be dismissed by the Court
of Appeals, on its own motion or on that of the appellee, on the following
grounds:
(a)            Failure of the record on appeal to show on its face that the appeal
was taken within the period fixed by these Rules;
(b)            Failure to file the notice of appeal or the record on appeal within
the period prescribed by these Rules;
(c)            Failure of the appellant to pay the docket and other lawful fees as
provided in section 4 of Rule 41;
(d)            Unauthorized alterations, omissions or additions in the approved
record on appeal as provided in section 4 of Rule 44;
(e)            Failure of the appellant to serve and file the required number of
copies of his brief or memorandum within the time provided by these Rules;
(f)             Absence of specific assignment of errors in the appellant’s brief, or
of page references to the record as required in section 13, paragraphs (a),
(c), (d) and (f) of Rule 44;
(g)            Failure of the appellant to take the necessary steps for the
correction or completion of the record within the time limited by the court
in its order;
(h)            Failure of the appellant to appear at the preliminary conference
under Rule 48 or to comply with orders, circulars, or directives of the court
without justifiable cause; and
(i)                         The fact that order or judgment appealed from is not
appealable.
Dismissal of improper appeal to the Court of Appeals
1.      An  appeal under Rule 41 taken from the Regional Trial Court to the
Court of Appeals raising only questions of law shall be dismissed, issues
purely of law not being reviewable by said court.
Ø Use Rule 45 – petition for review on certiorari directly to the SC. – pure
questions of law.
2.    An appeal by notice of appeal instead of by petition for review from the
appellate judgment of a Regional Trial Court shall be dismissed.
3.    An appeal erroneously taken to the Court of Appeals shall not be
transferred to the appropriate court but shall be dismissed outright.
PROCEDURE IN THE SUPREME COURT
RULE 56 - ORIGINAL AND APPEALED CASES
A. Original Cases
Original cases cognizable.—
1.      Certiorari, prohibition, mandamus,
2.    quo warranto,
3.    habeas corpus,
4.    disciplinary proceedings against members of the judiciary and attorneys,
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5.     and cases affecting ambassadors, other public ministers and consuls
may be filed originally in the Supreme Court.
B. Appealed Cases
Mode of appeal—An  appeal to the Supreme Court may be taken only by
a petition for review on certiorari,
>except in criminal cases where the penalty imposed is
1.      death – automatic review,
2.    reclusion perpetua  or life imprisonment – notice of appeal to the CA
(not SC, PP v. Mateo).
Grounds for dismissal of appeal.—The  appeal may be dismissed motu
proprio  or on motion of the respondent:
(a)   Failure to take the appeal within the reglementary period;
(b)   Lack of merit in the petition;
(c)               Failure to pay the requisite docket fee and other lawful fees or to
make a deposit for costs;
Rule 58 (Preliminary Injunction)
* The following provision had been added to Section 5 of Rule 58: “The trial
court, the Court of Appeals, the Sandiganbyan or the Court of Tax Appeals
that issued a writ of preliminary injunction against a lower court, board,
officer, or quasi-judicial agency shall decide the main case or petition within
six (6) months from the issuance of the writ.”
* Before the amendment, the language used with respect to the effectivity
for a Temporary Restraining Order (TRO) issued by lower courts is 20 days
(or 60 days when issued by the CA) “from  notice  to the party or person
sought to be enjoined.” The amendment uses “service,” instead of
“œnotice.”
(d)  Failure to comply with the requirements regarding proof of service and
contents of and the documents which should accompany the petition;
(e) Failure to comply with any circular, directive or order of the Supreme
Court without justifiable cause;
(f)      Error in the choice or mode of appeal; and
(g)    The fact that the case is not appealable to the Supreme Court.
Disposition of improper  appeal.—
1.            Except as provided in section 3, Rule 122  regarding appeals in
criminal cases where the penalty imposed is death,  reclusion perpetua  or
life imprisonment, an appeal taken to the Supreme Court  by notice of
appeal shall be dismissed.
2.        An appeal by certiorari taken to the Supreme Court from the Regional
Trial Court  submitting issues of fact may be referred to the Court of
Appeals  for decision or appropriate action. The determination of the
Supreme Court on whether or not issues of fact are involved shall be final.
Procedure if opinion is equally divided.—Where  the court  en banc  is equally
divided in opinion, or the necessary majority cannot be had:
1.            the original action commenced in the court shall be dismissed;
2.        in appealed cases, the judgment or order appealed from shall stand
affirmed;
3.        and on all incidental matters, the petition or motion shall be denied.
Note - Majority vote of SC Division/En Banc needed to reverse decisions and
rulings of lower courts.
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Rule 65 (Certiorari, Prohibition and Mandamus)
* The  Rules of Court  provides that a petition for certiorari “shall be filed in
the Supreme Court or xxx.” The amendment removed the SC form the
enumeration of courts where the petition may be filed (Section 4). This
amendment, however, does not mean that no petition for certiorari may be
filed with the SC, as the Constitution (Sec. 5, Article VIII) explicitly provides
that the SC has original jurisdiction over “petitions for certiorari, prohibition,
mandamus, quo warranto, and habeas corpus.”
* The amendment also removed the provision on extension of time to file
the petition. This provision is no longer existent: “No extension of time to file
the petition shall be granted except for compelling reasons and in no case
exceeding fifteen (15) days.”
* The amendment added this provision in Sec. 4: “In election cases involving
an act or an omission of a municipal or a regional trial court, the petition
shall be filed exclusively with the Commission on Elections, in aid of its
appellate jurisdiction.”
* The amendment also added this provision in Sec. 7 (“Expediting
proceedings; injunctive relief”): “The public respondent shall proceed with
the principal case within ten (10) days from the filing of a petition for
certiorari with a higher court or tribunal, absent a temporary restraining
order or a preliminary injunction, or upon its expiration. Failure of the public
respondent to proceed with the principal case may be a ground for an
administrative charge.”
* The old provision in Sec. 8 (“Proceedings after comment is filed”) provides
that “the court may dismiss the petition if it finds the same patently without
merit or prosecuted manifestly for delay, or if the questions raised therein
are too unsubstantial to require consideration.” The amendment provides
for additional sanctions in case of abuse of the process, thus: “In such event,
the court may award in favor of the respondent treble costs solidarily
against the petitioner and counsel, in addition to subjecting counsel to
administrative sanctions under Rules 139 and 139-B of the  Rules of Court.”
This is a clear warning on parties and their counsels.
* Such warning is made even clearer with the addition of this provision, also
in Sec. 8: “The Court may impose  motu proprio, based on  res ipsa loquitur,
other disciplinary sanctions or measures on erring lawyers for patently
dilatory and unmeritorious petitions for certiorari.”
Sec. 6. When appeal to be taken. – An appeal must be taken within fifteen
(15) days from promulgation of the judgment or from notice of  the  final 
order  appealed  from.  This  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 run. 
NOTE:      The  period  of  appeal  seems  to  have  been  amended  by 
the  SC ruling in Domingo Neypes v. CA, GR 141524, September 14, 2005. 
 
“To  standardize  the  appeal  periods  provided  in  the  Rules  and  to 
afford litigants fair opportunity to appeal their cases, the Court deems it
practical to allow a fresh period of 15 days within which to file the notice
of appeal in the Regional Trial Court, counted from receipt of the order
dismissing a motion for a new trial or motion for reconsideration.” 
 
“Henceforth, this “fresh period rule” shall also apply to Rule 40 governing
appeals from the Municipal Trial Courts to the Regional  Trial Courts; Rule
42  on  petitions  for  review  from  the  Regional  Trial  Courts  to  the 
Court  of Appeals; Rule 43 on appeals from quasi-judicial agencies[31] to
the Court of  Appeals  and  Rule  45  governing  appeals  by  certiorari 
to  the  Supreme Court.[32]  The  new  rule  aims  to  regiment  or  make 
the  appeal  period uniform,  to  be  counted  from  receipt  of  the  order 
denying  the  motion  for new  trial,  motion  for  reconsideration 
(whether  full  or  partial)  or  any  final order or resolution.” 
 
Although the SC has made this ruling on a civil case, it is submitted that
such  if  the  Court  has  applied  this  rule  to  all  other  appeals 
involving  civil cases, with more reason should the defendant in a criminal
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case be given ample time to file his appeal.   
 

WHEN IS APPEAL PERFECTED?

        Appeals in criminal cases are perfected when the interested party or

parties have personally or through their attorney filed with the clerk of court
a written notice expressly stating the appeal 
 

WHAT IS THE EFFECT OF PERFECTION OF AN APPEAL?

        When  an  appeal  has  been  perfected,  the  court  a  quo  loses
jurisdiction 
 

WHAT IS THE DIFFERENCE BETWEEN THE APPEAL OF A JUDGMENT AND THE

APPEAL OF AN ORDER?

        The appeal from judgment must be perfected within 15 days from

promulgation 
        The appeal from an order should be perfected within 15 days from
notice of final order 

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