Rule 42: Petition for Review to

the Court of Appeals

PRESENTED BY: EMELY R. MAGNO
PROF. JUSTICE CARMELITA S. MANAHAN (RET.)
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Basic Concept What is a Petition for Review?

 It is a mode of appeal, taken within the period of appeal, from
the decision rendered by the RTC in the exercise of its appellate
jurisdiction in cases originating in the municipal and
metropolitan trial courts (Garcia vs. Lazatin Consolidated Corp,
SP-00871, May 20, 1986)
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Constitutional Provision
relating to Petition for Sec. 14, Art. VIII of the Constitution provides for the rule on the
Review rendition of judgement by the court. It provides that:
“No court shall render a decision without stating clearly
and distinctly the facts and the law on which it is based.
No petition for review or motion for reconsideration of a
decision of the court shall be refused due course or denied
without stating the legal basis thereof.”
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As expressly provided by the afore-cited provision of the

Constitution, “no petition for review or motion for
What is the Constitutional reconsideration of a decision of the court shall be refused due
requirement in case of course or denied without stating the legal basis thereof.”
denial of petition for
review?

Petition for Review under
Rule 42
a. As to the nature
- Rule 42 governs an appeal from the
judgement or final order rendered by the
RTC in the exercise of its appellate
Distinctions between Rule jurisdiction
42 and Rule 64 b. As to the ground
-Such appeal is on a question of fact, or
of a law, or of mixed question of fact
and law, and is given due course only
upon a prima facie showing that the
RTC committed an error of fact or law
warranting the reversal or modification
of the challenged judgement or final
order.
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Petition for Certiorari
under Rule 64 in relation
to 65
- Petition for certiorari under Rule 64
is similar to the petition for certiorari
under Rule 65, and assails a judgement
or final order of the COMELEC, or the
COA
- The petition is not designed to correct
only errors of jurisdiction, not errors of
judgement. Questions of fact cannot be
raised except to determine whether the
COMELEC or the COA were guilty of
grave abuse of discretion amounting to
lack or excess of jurisdiction.
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Petition for Review under Petition for Certiorari
Rule 42 under Rule 64 in relation
to 65
c. As to the period of filing
- The aggrieved party is allowed 15 days to file - The petition is filed within 30 days from
the petition for review from the receipt of the notice of the judgement or final order or
assailed decision or final order, or from receipt resolution sought to be reviewed. The filing of
Distinctions between Rule of the denial of a motion for new trial or
reconsideration
a motion for new trial or reconsideration, if
allowed under the procedural rules of the
42 and Rule 64 Commission concerned, interrupts the period;
hence, should the motion be denied, the
aggrieved party may file the petition within
the remaining period, which shall not be less
than8 five days in any event, reckoned from
the notice of denial. (Fortune Life Insurance
Company, Inc. vs. COA Proper; COA
Regional Office No. VI-Western Visayas; Audit
Group LGS-B, Province of Antique; and the
Provincial Government of Antique, G.R. No.
213525, January 27, 2015)
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Section 1: How appeal taken;

time for filing

Section 2: Form and contents

Rule 42, Sections 1-4
Section 3: Effect of failure to
comply with requirements

Section 4: Action on the petition

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Section 1: How appeal taken; time

for filing

How to appeal from the decision of the Regional Trial Court in the
exercise of appellate jurisdiction?
 A party desiring to appeal from a decision of the Regional Trial
Court rendered in the exercise of its appellate jurisdiction may
file: VPDF
1. A verified petition for review with the Court of Appeals;
2. Paying at the same time to the clerk of said court the
corresponding docket and other lawful fees;
3. Depositing the amount of P500.00 for costs; and
4. Furnishing the Regional Trial Court and the adverse party
with a copy of the petition.
PUBLIC
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Section 1. How appeal taken; time for filing. – A party desiring to appeal from a
decision of the Regional Trial Court rendered in the exercise of its appellate
jurisdiction may file a verified petition for review with the Court of Appeals,
paying at the same time to the clerk of said court the corresponding docket and
other lawful fees, depositing the amount of P500.00 for costs, and furnishing the
Regional Trial Court and the adverse party with a copy of the petition. The
petition shall be filed and served within fifteen (15) days from notice of the decision
sought to be reviewed or of the denial of petitioner’s motion for new trial or
reconsideration filed in due time after judgment. 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. No further
extension shall be granted except for the most compelling reason and in no case to
exceed fifteen (15) days. (n)
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When to file the petition for review?

 The petition shall be filed and served within fifteen (15) days
from notice of the decision sought to be reviewed or of the
denial of petitioner’s motion for new trial or reconsideration filed
in due time after judgment.

Section 1. How appeal taken; time for filing. – A party desiring to appeal from a
decision of the Regional Trial Court rendered in the exercise of its appellate
jurisdiction may file a verified petition for review with the Court of Appeals, paying at
the same time to the clerk of said court the corresponding docket and other lawful fees,
depositing the amount of P500.00 for costs, and furnishing the Regional Trial Court
and the adverse party with a copy of the petition. The petition shall be filed and
served within fifteen (15) days from notice of the decision sought to be reviewed or
of the denial of petitioner’s motion for new trial or reconsideration filed in due
time after judgment. 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. No further extension shall
be granted except for the most compelling reason and in no case to exceed fifteen (15)
days. (n)

PUBLIC
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When is an appeal by Petition for Review deemed perfected?

 As a general rule, appeals are perfected when it is filed within the period prescribed
under the Rules of Court, subject to extension upon motion and payment of docket fees.

PUBLIC
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What are the requirements in order that appellate jurisdiction will
attach?

 For the appellate jurisdiction to attach, the following requirements must be complied
with:
a. the petitioner must have invoked the jurisdiction of the CA within the time for doing
so;
b. he must have filed his Petition for Review within the reglementary period;
c. he must have paid the necessary docket fees; and
d. the other parties must have perfected their appeals in due time.

PUBLIC

Can the filing of the petition be extended?
 Yes, as expressly provided by the Section 1, Rule 42, 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:
1. Grant an additional period of fifteen (15) days only within
which to file the petition for review;
2. No further extension shall be granted except for the most
compelling reason and in no case to exceed fifteen (15) days.
PUBLIC
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Section 1. How appeal taken; time for filing. – A party desiring to appeal from a
decision of the Regional Trial Court rendered in the exercise of its appellate
jurisdiction may file a verified petition for review with the Court of Appeals, paying at
the same time to the clerk of said court the corresponding docket and other lawful fees,
depositing the amount of P500.00 for costs, and furnishing the Regional Trial Court
and the adverse party with a copy of the petition. The petition shall be filed and served
within fifteen (15) days from notice of the decision sought to be reviewed or of the
denial of petitioner’s motion for new trial or reconsideration filed in due time after
judgment. 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. No further
extension shall be granted except for the most compelling reason and in no case to
exceed fifteen (15) days. (n)
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Will the extension of time be allowed in case of appeal by notice of
appeal?

 The prohibition against granting an extension of time applies only in a case where
ordinary appeal is perfected by a mere notice of appeal.

PUBLIC
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When to file the motion for extension of time to file petition for
review?

 Motion for extension of time must be filed before the expiration of the original period.

PUBLIC
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How will the rules on appeal under Rule 42 on the filing of pleadings
and appeals be construed?

 Procedural rules may be relaxed for the most persuasive of reasons such as the period for
filing pleadings and appeals so as to relieve a litigant of an injustice not commensurate
with the degree of his thoughtfulness in not complying with the procedure prescribed.

PUBLIC
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What is the remedy in case of a decision of the RTC sitting as Special
Agrarian Court?

 Appeal from the decisions of the RTC sitting as Special Agrarian Courts by way of
Petition for Review under Rule 42.

PUBLIC
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Section 2: Form and contents


What are the forms and contents of the petition?
 The petition shall be filed in seven (7) legible copies, with the original copy intended for the court being
indicated as such by the petitioner, and shall state the following, to wit:
(a) State the full names of the parties to the case, without impleading the lower courts or judges thereof
either as petitioners or respondents;
(b) Indicate the specific material dates showing that it was filed on time;
(c) Set forth concisely a statement of the matters involved, the issues raised, the specification of errors
of fact or law, or both, allegedly committed by the Regional Trial Court, and the reasons or arguments relied upon
for the allowance of the appeal;
(d) 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 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.
(e) The petitioner shall also submit together with the petition a certification under oath that he has not
theretofore commenced any other action involving the same issues in the Supreme Court, the Court of Appeals or
different divisions thereof, or any other tribunal or agency; if there is such other action or proceeding, he must state the
status of the same; and if he should thereafter learn that a similar action or proceeding has been filed or is pending before
the Supreme Court, the Court of Appeals, or different divisions thereof, or any other tribunal or agency, he undertakes to
promptly inform the aforesaid courts and other tribunal or agency thereof within five (5) days therefrom.
PUBLIC
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Section 2. Form and contents. – The petition shall be filed in seven (7) legible copies,
with the original copy intended for the court being indicated as such by the petitioner,
and shall (a) state the full names of the parties to the case, without impleading the lower
courts or judges thereof either as petitioners or respondents; (b) indicate the specific
material dates showing that it was filed on time; (c) set forth concisely a statement of the
matters involved, the issues raised, the specification of errors of fact or law, or both,
allegedly committed by the Regional Trial Court, and the reasons or arguments relied
upon for the allowance of the appeal; (d) 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 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. The petitioner shall also submit together with the
petition a certification under oath that he has not theretofore commenced any other
action involving the same issues in the Supreme Court, the Court of Appeals or different
divisions thereof, or any other tribunal or agency; if there is such other action or
proceeding, he must state the status of the same; and if he should thereafter learn that a
similar action or proceeding has been filed or is pending before the Supreme Court, the
Court of Appeals, or different divisions thereof, or any other tribunal or agency, he
undertakes to promptly inform the aforesaid courts and other tribunal or agency thereof
within five (5) days therefrom. (n)
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Sample of Petition for

Review from RTC to CA

names of the parties

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names of the parties

Sample of Petition for

Review from RTC to CA specific
material
dates
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statement of the matter

Sample of Petition for involved
Review from RTC to CA
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statement of the matter

Sample of Petition for involved
Review from RTC to CA
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issues raised

errors of
fact or law
Sample of Petition for
Review from RTC to CA
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arguments relied
upon
for the allowance
of the appeal

Sample of Petition for

Review from RTC to CA

material portions of
the record as would
support the allegations
of the petition.
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material portions of
the record as would
support the allegations
of the petition.

Sample of Petition for

Review from RTC to CA
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Sample of Petition for

Review from RTC to CA

certification under oath

that he has not
theretofore commenced
any other action
involving the same
issues
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Sample of Petition for

Review from RTC to CA
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Sample of Petition for

Review from RTC to CA
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What is the effect of non-compliance with the requirements under Sec
2, Rule 42?

 An appealing party must comply with the requirements of the relevant rules, otherwise,
she loses the statutory right.

PUBLIC
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Will the entire records of the case required to be attached to the
petition for review?

 The rules do not require that the entire records of the case be attached to the Petition for
Review.

PUBLIC
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May the judgement of the RTC based on purely questions of law be
appealed under Rule 45 instead of Rule 42?

 Yes, the Rules of procedure permit the direct resort to this Court from a decision of the
RTC upon questions of law as an exception based on the exigency of the situation being
litigated.

PUBLIC
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Section 3: Effect of failure to

comply with requirements
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What is the effect of the failure to comply with the requirements

 The petition shall be dismissed for failure of the petitioner to comply with any
of the foregoing requirements regarding:
PDP
a. The payment of the docket and other lawful fees;
Section 3. Effect of failure to comply with requirements.
b. The deposit for costs;
– The failure of the petitioner to comply with any of the
c. Proof of service of the petition, and the contents of and the documents foregoing requirements regarding the payment of the
docket and other lawful fees, the deposit for costs, proof
which should accompany the petition. 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. (n)

PUBLIC
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What is the effect of defective notarization of verification and
certification against forum shopping on the petition?

 Failure to comply with the valid verification and certification of non-forum shopping
shall be sufficient ground for the dismissal of the petition.

PUBLIC
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Section 4: Action on the petition

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What are the possible actions of the Court of Appeals on the petition?

 The Court of Appeals may perform the following acts on the petition, to wit:

1. Require the respondent to file a comment on the petition, not a motion to dismiss,
within ten (10) days from notice; or
2. Dismiss the petition if it finds the same to be patently without merit, prosecuted
manifestly for delay; or
3. Dismiss the petition if the questions raised therein are too unsubstantial to require
consideration.
Section 4. 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)

PUBLIC
Thank You!