Appeal Process

Judge Anne S. Rivera-Sia

APPEAL F R O M M T C T O RT C

PERFECTION OF APPEAL
IF NOTICE OF APPEAL – deemed perfected upon
filing
IF RECORD ON APPEAL – perfected upon approval 4
PAYMENT OF APPEAL FEE
Appellate court docket fees shall be paid within the
period to file an appeal.
3 Common Effects
In either case, prior to the
transmittal of the original
record or the record on appeal,
the court 

2
MODE & PERIOD OF APPEAL
15 days if Notice of Appeal
30 days if Record on Appeal
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, 
2.   approve compromises, 
3.  permit appeals of indigent

1
litigants, 
4. order execution pending
PERIOD appeal in accordance with
section 2 of Rule 39, and 
An appeal may be taken within 15/30 days from notice 6.   allow withdrawal of the
of the judgment or final order or from denial of MR appeal.
APPEAL F R O M RT C TO C A

PERFECTION OF APPEAL
IF ORDINARY APPEAL – deemed perfected upon filing
of notice of appeal
PET FOR REVIEW – perfected upon filing of the
petition

FORM AND CONTENTS 4

ORDINARY APPEAL – if NA, appellant’s brief
discussing errors of fact and law, see S13, R44; if RA,

3
see S6 R41
PET FOR REVIEW – petition shall state material dates, Common Effects
issues, errors of fact and law In either case, prior to the
transmittal of the original record
or the record on appeal, the
court 

2
1. may issue orders for the
protection and preservation of
the rights of the parties which do
MODE OF APPEAL not involve any matter litigated by
the appeal, 
RTC Original Jurisdiction - Ordinary Appeal (Notice of 2.   approve compromises, 
3.  permit appeals of indigent

1
Appeal or Record on Appeal) litigants, 
RTC Appellate Jurisdiction – Petition for Review 4. order execution pending
PERIOD appeal in accordance with section
2 of Rule 39, and 
Within 15 days 6.   allow withdrawal of the
appeal.
APPEAL FROM CA TO SC

DISCRETIONARY REVIEW
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.

FORM, CONTENTS, DOCKET FEE 4

Verified petition, only questions of law may be raised,,
provide statement of material dates, attach CTC of

3
judgment/final order, Cert against FS, payment of
docket fees, affidavit of service

2 MODE OF APPEAL
APPEAL BY CERTIORARI / PETITION FOR REVIEW

1
ON CERTIORARI under RULE 45
PERIOD

Within 15 days from notice of judgment or final order

or denial of MR
N.B. SC may grant extension up to 30 days upon
motion