Appeals

Rule 40 – Appeal from MTC to RTC

Where to appeal?
- an appeal from a judgment or a final order of a MTC may be taken to the RTC exercising jurisdiction over the area to which the
former pertains to

N.B
- title of the case shall remain as it was in the court of origin
-party appealing the case shall be further referred to as the appellant and the adverse party as the appellee

When to file an appeal?

- within 15 days after notice to the appellant of the judgement
- when a record of appeal is required appellant shall file a notice of appeal and a record of appeal within 30 days after notice of final
order or judgment

Allowed Interruptions to the period of appeal

- period of appeal shall be interrupted by a timely filing of a motion for new trial or motion for reconsideration
-no motion for extension of time to file a motion for new trial or consideration should be allowed

How to appeal?
- appeal is taken by filing a notice of appeal with the court that rendered the judgment or final order appealed from (Sec.3)

What shall the notice of appeal contain?

- shall indicate the parties to the appeal
- the judgment or final order or part thereof appealed from
-the material dates showing the timeliness of an appeal

When is a record of appeal required?

- a record of appeal shall be required only in special proceedings and in other cases of multiple or separate appeals

N.B
- copies of the notice of appeal and the record on appeal where required shall be served to the adverse party

Payment of Court Docket and Other fees

When – within the period for taking an appeal
Where – appellant shall pay to the clerk of the court which rendered the judgment or final order appealed from
how much must be paid – the full amount of the appellate court docket and other lawful fees
After payment – proof of payment thereof shall be transmitted to the appellate court together with the original record or the record
on appeal (Sec.5)

What is the duty of the clerk of court?

- the clerk of court or the branch clear 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 RTC within 15 days from the
perfection of the appeal
- a copy of his letter of transmittal of the records to the appellate court shall be furnished the parties

Procedure in the RTC

- 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 (receipt of records)
- appellant shall submit a memorandum which shall briefly discuss the errors imputed by the lower court
o within 15 days from notice of receipt from RTC
o adverse party shall be furnished with a copy
o failure to file memo a ground for dismissal of the appeal
- appellee may file his memorandum within 15 days from receipt of the appellant’s memorandum
 - case shall be considered decided for decision
o upon filing of the memorandum by appellee
o or expiration of the period to do so
- RTC shall decide on the basis of:
o The entire record of the proceedings had in the court of origin
o Such memorandum as are filed (Sec. 7)

Appeal from orders dismissing case without trial (lack of jurisdiction)

- When – if an appeal is taken from an order of the lower court dismissing the case without trial on the merits
- RTC may affirm or reverse it
o If affirmative and the ground is lack of jurisdiction over the subject matter
 RTC shall try the case on the merits as if the case was originally filed with it if it has jurisdiction
o If reversal
 Shall be remanded for further proceeding
- If the case was tried on the merits by the lower court without jurisdiction over subject matter
o RTC on appeal shall not dismiss the case if it has original jurisdiction
o Shall decide the case in accordance with the preceding section

Rule 41 – appeal from the RTC

Subject of appeal
- May be taken from a judgment or final order that completely disposes the case
- Or of a particular matter therein when declared by these rules to be appealable

No appeal will be taken from:

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
or duress or any other ground vitiating consent
e. An order of execution
f. A judgment or final order for or against one of more of several parties or in separate claims, counterclaims, cross-claim and
third-party complaints while the main case is pending unless the courts allows an appeal
g. An order dismissing an action without prejudice
- The aggrieved party may file an appropriate special civil action as provided in Rule 65

3 modes of appeal (Sec.2)

Ordinary
-appeal in case to the CA in cases
decided by the RTC in the exercise of
its original jurisdiction
Petition for Review (Rule 42)
-appeal to the CA in cases decided by
the RTC in the exercise of its appellate
jurisdiction
Petition for Certiorari (Rule 45)
- all cases where only questions of law
are raised or involved, the appeal shall
be to the SC by petition for review on
certiorari

Period of ordinary appeal

- Within 15 days from notice of the judgments or final order appealed from (Same as MTC)
- Within 30 days from notice if record of appeal is required (Same as MTC)
- Within 48 hours from notice is habeas corpus cases
- Interruption same as appeal from MTC to RTC

Payment of Court Docket and other Lawful fees

- Same as MTC (Sec.4)

Contents of notice of appeal

- Indicate the parties to the appeal
- Specify the judgment or final order or part thereof appealed from
- Specify the court to which appeal is being taken
- State the material dates showing the timeliness of appeal
Record on Appeal
- The full name of all the parties to the proceeding
o Shall be stated in the caption
- Judgment or final order from which the appeal is taken
- Copies of only such pleadings, petitions, motions and all interlocutory orders as are related to the appealed judgment or
final order
o For proper understanding of the issues involved
o Must be in chronological order
- Such data to show that appeal was perfected on time
- If an issue of fact is to be raised
o Record shall include by reference all the evidence, testimonial and documentary taken upon the issue involved
o Reference shall specify the documentary evidence by the exhibit number or letters by which it was identified when
admitted or offered at the hearing
o Testimonial evidence by the names of the corresponding witness
o If whole testimonial and documentary evidence in the case is to be included a statement to that effect will be
sufficient
- Must contain a subject index if exceeding 20 pages

Approval of record on appeal (Sec. 7)

- Trial court may approve it as presented:
o Upon filing of the record for approval
o No objection is filed by the appellee within 5 days from receipt of a copy
- May direct an amendment upon its own motion or at the instance of the appellee
o Inclusion of any omitted matters to which are deemed essential to the determination of the issue of law or fact
involved
- If the trial court orders the amendment:
o Appellant shall re-draft the record
o By including, in proper chronological sequence such additional matters as the court may have directed him to
incorporate
o Within the time limited in the order or such extension as may be granted, if no time is fixed, within 10 days from
receipt of order
- Appellant shall submit the redrafted record for approval

Joint Record on appeal (Sec 8.)

- Can be filed if both parties are appellant

Perfection of appeal
- Appeal by notice
o Perfected upon the filing of the notice of appeal in due time
- Appeal by record
o Perfected with respect to the subject matter upon approval of the record in due time

When does the lower court loses jurisdiction over the case?
- Appeal by notice
o Upon perfection of the appeal filed in due time
o And the expiration of the time to appeal by other parties
- Appeal by record
o Upon approval of the record filed in due time
o Expiration of the time to appeal

N.B
- In either case prior to the transmittal of the original record or record on appeal:
o Court may issue orders for the protection and preservation of the rights of the parties which do not involve any
matters litigated by the appeal
o May approve compromise
o May permit appeals of indigent litigants
 o Or order execution pending appeal in accordance with Sec. 4, rule 39 and allow withdrawal of appeal

Duty of the clerk of the lower court upon perfection of appeal

- Within 30 days after perfection of all the appeals, the clerk of court has the duty to:
o Verify the correctness
 Of the original record or record on appeal
 And to make a certification of its correctness
o Verify the completeness of the record that will be transmitted to the appellate court
o Take measures as may be required to complete the records, availing of the authority that he or the court may
exercise, if records are found incomplete
o Transmit the records to the appellate court
- If efforts to complete fail:
o Clerk of court shall indicate in his letter of transmittal the exhibits or transcripts not included in the records being
submitted
o Reason for their non-transmittal
o Steps taken or could be taken to have them available
- Parties shall be furnished with copies of his letter of transmittal of the records

Transcripts (Sec. 11)

- Upon perfection of the appeal, the clerk of court shall immediately direct the stenographers concerned to attach to the
record of the case 5 copies of the transcripts of testimonial evidence and shall prepare to affix to their transcripts an index
containing:
o The names of the witnesses
o The pages wherein their testimonies are found
o A list of the exhibits and the pages wherein each of them appears to have been offered and admitted or rejected
by the trial court
- Transcripts shall be transmitted to the clerk of the trial court who shall thereupon arrange the same in the order in which
the witnesses testified at the trial and shall cause the pages to be numbered consecutively

Transmittal (Sec. 12)

- The clerk of the trial court shall transmit to the appellate court the original record or the approved record on appeal within
30 days from the perfection of the appeal together with:
o The proof of payment of the appellate court docket and other lawful fees
o A certified true copy of the minutes of the proceedings
o The order of the approval
o The certificate of correctness
o The original documentary evidence referred to therein
o The original and 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

Dismissal of appeal (Sec.13)

- Prior to the transmittal of the original record or the record on appeal to the appellate court, the trial court may motu
proprio or on motion, dismiss the appeal having been taken out of time of for non-payment of the docket and other lawful
fees within the reglementary period

Rule 42 – Petition for Review from the RTC to the CA

How to appeal?
- A party desiring to appeal from a decision of the RTC rendered in the exercise of its appellate jurisdiction may file a verified
petition for review with the CA
- After paying at the same time to the clerk of said court the corresponding docket and other lawful fees
- Depositing the amount of Php500 for cost
- Furnishing the RTC and the adverse party with a copy of the petition
 - Petition shall be filed and served within 15 days from notice:
o of the decision sought to be reviewed
o or of the denial of petitioner’s motion for new trial
o or reconsiderations filed in due time after judgment
- CA may grant an additional 15 days only within which to file the petition for review
o Upon proper motion
o Upon payment of the full amount of the docket and other lawful fees and the deposit for cost
o Before the expiration of the reglementary period

Form and contents

- Shall be filed in 7 legible copies with the original being intended for the court being indicated as such by the petitioner
- Shall state the full names of the parties to the case, without impleading the lower courts or judges thereof either as
petitioners or respondents
- Shall indicate the specific material dates showing that it was filed on time
- Set forth concisely a statement of:
o Matters involved
o The issues raised
o The specifications of errors of fact or law or both allegedly committed by the RTC
o Reasons or arguments relied upon the allowance of the appeal
- 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.
- Shall submit together with the petition a certification under oath that he has not theretofore commenced any other actions
involving the same issued in the SC, CA or different divisions or any tribunal or agency

Effect of failure to comply with requirements

Failure of the petitioner to comply with any of the foregoing requirements shall be sufficient ground for dismissal
o The payment of the docket and other lawful fees
o The deposit for cost
o Proof of service of the petition
o The contents of and the documents which should accompany the petition

Action on the petition

- CA may require the respondent to file a comment on the petition, not a motion to dismiss, within 10 days from notice,
- Or dismiss the petition if it finds the same
o to be patently without merit
o prosecuted manifestly for delay
o or questions raised are too unsubstantial to require consideration

Contents of the comment

- comment shall be filed in 7 legible copies
- accompanied by certified true copies of such material portions of the record referred to therein together with other
supporting papers
- shall state whether or not he accepts the statement of matters involved in the petition
- point out such insufficiencies or inaccuracies as he believes exist in petitioner’s statement of matters involved but without
repetition
- state the reasons why the petition should not be given due course
- a copy thereof shall be served on the petitioner

Due Course
- if upon the filing of the comment or such other pleadings as the court may allow or such other pleadings as the court may
allow or require, or after the expiration of the period for the filing thereof without such comment or pleading having been
submitted, the CA 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
 - the CA may order the clerk of the RTC to elevate the original record of the case including the oral and documentary
evidence
o whenever the CA deems it necessary
o within 15 days from notice
Perfection of Appeal
- Appeal is deemed perfected as to the petitioner
o Upon timely filing of the petition for review
o And payment of the corresponding docket and other lawful fees
- RTC loses jurisdiction over the case
o upon perfection of the appeals filed in due time
o and expiration of the time to appeal of the other parties
- Except in civil cases decided under the rules on summary procedure, the appeal shall stay the judgment or final order unless
the CA, the law, or these rules shall provide otherwise

Submission for decision

- If the petition is given due course, the CA may set the case for oral argument or require parties to submit memoranda
within a period of 15 days from notice
- Case shall be deemed submitted for decision upon the filing of the last pleading or memorandum required by these rules or
by the court itself

Rule 43 – Appeal from the CTA and quasi-judicial agencies to CA

Scope
- Rule shall apply to appeals from judgments or final orders of the CTA and from awards, judgments, final orders or
resolutions of or authorized by any quasi-judicial agency I the exercise of its quasi-judicial functions.
- Among these agencies are:
o CSC o Trade and o Insurance
o Central Board of technology Transfer Commission
Assessment Appeals o National o Phil. Atomic Energy
o SEC Electrification Commission
o OP Administration o BOI
o LRA o ERB o Construction
o Social Security o NTC Industry Arbitration
Commission o DAR Commission
o Civil Aeronautics o GSIS o Voluntary
Board o ECC arbitrators
o Bureau of Patents o Agricultural authorized by law
inventions Board
- This rule shall not apply to judgments or final orders issued under the Labor Code of the Philippines

Where to appeal?
- An appeal under this rule may be taken to the CA within the period and in the manner herein provided whether the appeal
involved question of fact, of law, or mixed questions of fact and law
Period of appeal
- Within 15 days from
o the notice of the award
o judgment
o final order or resolution
o or from the date of its last publication if publication is required by law for its effectivity
o 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 MR shall be allowed
- CA may grant additional 15 days only which to file the petition for review, upon proper motion and the payment of the full
amount of the docket fee before the expiration of the reglementary period.
- No further extension shall be granted except for the most compelling reason and in not case to exceed 15 days

How appeal is taken

 - Appeal shall be taken by filing a verified petition for review in 7 legible copies with the CA, with proof of service of copy to
the adverse party and on the court or agency a quo
- The original copy of the petition intended for the CA shall be indicated as such by the petitioner
- Upon filing of the petition, petitioner shall pay to the clerk of court of the CA the docketing and other lawful fees and
deposit the sum of P500 for cost
- Exemption from payment of docketing and other lawful fees and the deposit for the cost may be granted by the CA upon
verified motion setting forth valid grounds
- If the motion is denied, the petitioner shall pay within 15 days from the notice of the denial

Contents of the petition

- Shall state the full names of the parties to the case, without impleading the court or agencies either as petitioners or
respondents
- Contain a concise statement of the facts and issues involved and the grounds relied upon for the review
- Be accompanied by a clearly legible duplicate original or a certified true copy of the award, judgment, final order or
resolution appealed from, together with certified true copies of such material portions of the record referred to thering and
other supporting papers
- Contain a sworn certification against forum shopping as provided in the last paragraph of Sec. 2, rule 42
- Shall state the specific material date showing that it was filed within the period fixed therein

Effect of failure to comply with requirements

- Will be sufficient grounds for the dismissal

Action on the petition

- CA may require the respondent to file a comment on the petition not a motion to dismiss within 10 days from notice
- Or dismiss the petition if its finds the same patently without merit, prosecuted manifestly for delay, or that the questions
raised therein are too unsubstantial to require consideration

Transmittal of record
- Within 15 days from notice that the petition has been given due course, the CA may require the court or agency concerned
to transmit the original or a legible certified true copy of the entire record of the proceeding under review
- The record to be transmitted may be abridged by agreement of all parties to the proceeding
- CA may require or permit subsequent corrections of or addition to the record

Effect of Appeal
- Appeal shall not stay the award, judgement, final order or resolution sought to be reviewed unless the CA shall direct
otherwise upon such terms as it may deem just

Submission for Decision

- If petition is given due course, the CA may set the case for oral argument or require the parties to submit a memorandum
within a period of 15 days from notice
- Case shall be deemed submitted for decision upon the filing of the last pleading or memorandum required by these rules or
CA

Rule 44 – Procedure in CA (Ordinary Appealed Cases)

Title of cases
- it shall remain as it was in the court of origin but the party appealing the case shall be further referred to as appellant and
the adverse party as the appellee

Counsel and Guardians

- counsel and guardian ad litem of the parties in the court of origin shall respectively be considered as their counsel and
guardians ad litem in the CA
- where others appear or are appointed, notice thereof shall be served immediately on the adverse party and filed with the
court

Order of transmittal of record

 - if the original record or record on appeal is not transmitted to the CA within 30 days after perfection of the appeal either
party may file a motion with the trial court with notice to the other for the transmittal of such record or record on appeal

Docketing of case
- upon receiving the original record or record on appeal and the accompanying documents and exhibits transmitted by the
lower court, as well as the proof of payment of the docket and other lawful fees, the clerk of court of the CA shall docket
the case and notify the parties thereof
- within 10 days from the receipt of said notice:
o appellant in appeals on record shall file with the clerk of court 7 legible copies of the approved record on appeal,
together with the proof of service of two copies upon the appellee
- unauthorized alteration, omission or addition in the approved record on appeal shall be a ground for dismissal

Completion of record
- where the record of the docketed case is incomplete:
o the clerk of court of the CA shall so inform said court and recommend to it measures necessary to complete the
record
o it shall be the duty of the said court to take the appropriate action towards the completion of the record within the
shortest time possible

Dispensing with complete record

- where the completion of the record could not be accomplished within a sufficient period allotted for the said purpose due
to insuperable or extremely difficult causes, the court on its own motion or on motion of any of the parties, may declare
that the record and its accompanying transcripts and exhibits so far available are sufficient to decide the issues raised in the
appeal and shall issue an order explaining the reasons for such declaration

Appellant’s brief
- appellant has the duty to file with the court, within 45 days from the receipt of the notice of the clerk that all the evidence,
oral, and documentary are attached to the record
- appellant shall file 7 copies of his legibly typewritten mimeographed or printed brief with proof of service of 2 copies
thereof upon the appellee

Appellee’s brief
- within 45 days from the receipt of the appellant’s brief
- the appellee shall file with the court 7 copies of his legibly typewritten, mimeographed or printed brief, with proof of
service of 2 copies thereof upon the appellant

Appellant’s reply brief

- within 20 days from receipt of the appellee’s brief, the appellant may file a reply brief answering points in the appellee’s
brief not covered in his main brief

Time for filing of memoranda in special cases

- in Certiorari, Prohibition, Mandamus, Quo Warranto, and Habeas Corpus Cases
- Parties shall file in lieu of briefs their respective memoranda
- Within the non-extendible period of 30days from the receipt of the notice issued by the clerk that all the evidence, oral and
documentary is already attached to the record
- Failure to file may be a ground for dismissal

When there are several appellees or appellants or several counsel for each party
- Where there are several appellants or appellees, each counsel representing one or more but not all of them shall be served
with only one copy of the briefs
- When several counsels represent one appellant or appellee, copies of the brief may be served upon any of them

Extension of time for filing briefs

 - Not allowed except for good and sufficient cause and only if the motion for extension is filed before the expiration of the
time sought to be extended

Contents of an Appellant’s Brief

a. Subject index of the matter in the brief
o With a digest of the arguments and page references
o A table of cases alphabetically arranged
o Textbooks and statues cited with reference as to the pages where they are cited
b. An assignment of errors intended to be urged
o Errors shall be separately, distinctly and concisely stated without repetition and numbered consecutively
c. Under the heading “Statement of the Case”
o A clear and concise statement of the nature of the action
o A summary of the proceedings
o The appealed rulings and orders of the court
o The nature of the judgment
o And any other matters necessary to an understanding of the nature of the controversy
o page references to the record
d. Under the heading “Statement of the Facts”
o A clear and concise statement in a narrative form of the facts admitted by both parties and of those in controversy
o Together with the substance of the proof relating thereto in sufficient detail to make it clearly intelligible
o With page references to the record
e. A clear and concise statement of the issued of fact or law to be submitted to the court for its judgment
f. Under the heading “Argument”
o The appellant’s arguments on each assignment of error with page references to the record
o 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. Under the heading “relief”
o A specification of the order or judgment which the appellant seeks
h. In cases not brought up by record on appeal
o Appellant’s brief shall contain, as an appendix a copy of the judgment or final order appealed from

Contents of Appellee’s Brief

a. A subject index of the matter in the brief
o With a digest of the arguments and page references
o A table of cases alphabetically arranged
o Textbooks and statutes cited with references to the pages where they are cited
b. Under the heading “Statement of Facts”
o The appellee shall state that he accepts the statement of facts in the appellant’s brief
o Or under the heading “Counter-Statement of Facts” he shall point out the inaccuracies as he believes exist in the
appellant’s statement of facts with references to the pages of the record in support thereof
o Without repetition of matters in the appellant’s statement of facts
c. Under the heading “Argument:
o The appellee shall set forth his arguments in the case on each assignment of error with page references to the
record
o The authorities relied on shall be cited by the paid of the report at which the case begins and the page of the
report in which the citation is found

Questions that may be raised on appeal

- Whether or not the appellant has filed a motion for new trial in the court below, he 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

Rule 45 – Appeal by certiorari to the SC

Filing of petition with Supreme Court

- A party desiring to appeal by certiorari from a judgment, final order or resolution of the CA, Sandiganbayan, CTA, RTC and
other courts whenever authorized by law may file with the SC a verified petition for review on certiorari
 - The petition may include an application for a writ of preliminary injunction or other provisional remedies and shall raise
only question of law, which must be distinctly set forth
- The petitioner may seek the same provisional remedies by verified motion filed in the same action or proceeding at any
time during its pendency

Time for filing

- The petition shall be filed within 15 days from notice of the judgement or final order or resolution appealed from, or the
denial of the petitioner’s motion for new trial or reconsideration filed in due time after notice of the judgment
- Court may grant a 30-day extension for justifiable reasons, on motion duly filed and served, with full payment of the docket
and other lawful fees and the deposit cost before the expiration of the reglementary period

Contents of the petition

- Petition shall be filed in 18 copies, with the original copy intended for the court being indicated as such by the petitioner
- Shall state the full name of the appealing party as the petitioner and the adverse party as the respondent, without
impleading the lower courts or judges thereof either as petitioner or respondent
- Implicate the material dates showing when the notice of the judgment or final order or resolution subject thereto was
received
- When a motion for new trial and or reconsideration, if any was filed and when the notice of denial thereof was received
- Set forth concisely the statement of the matters involved and the reasons or arguments relied on for the allowance of the
petition
- 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 a quo and the requisite number of plain copies thereof, and such material portions of the
record as would support the petition
- Contain a sworn certification against forum shopping

Dismissal or denial of petition

- Failure to comply with any of the foregoing requirements shall be sufficient ground for dismissal
- SC may on its own initiative deny the petition on the ground that the appeal is without merit, prosecuted manifestly for
delay, or that the question raised is too unsubstantial to require consideration

Review is discretionary
- A review is not a matter of right but of sound judicial discretion
- Will be granted only when there are special and important reasons therefor

The following, while neither controlling nor fully measuring the court’s discretion, indicate the character of the reasons which will be
considered:
- When the court a quo has decided a question of substance, not theretofore determined by the SC or has decided it in a way
probably not in accord with aw or with the applicable decisions of the SC
- 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

- For purposes of determining whether the petition should be dismissed or denied, pursuant to section 5 of this rule, or
where petition is given due course under sec. 8, the SC 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 deem appropriate and
impose corresponding sanctions in case of non-filing

Elevation of Records
- If the petition is given due course, the SC may require the elevation of the complete record of the case or specified parts
thereof, within 15 days from notice

N.B
- rule is applicable to both civil and criminal actions
- except in criminal cases where the penalty is death, reclusion perpetua or life imprisonment