Rule 42 PETITION FOR REVIEW FROM THE RTC TO THE CA

SEC.1 HOW APPEAL TAKEN; TIME FOR FILING

1. File a verified petition for review with the CA:
a. Within 15 days from notice of decision; or
b. Within 15 days from denial of petitioners MNT or MR
2. Pay the corresponding docket and other lawful fees, and depositing PhP 500
for costs;
3. Furnish RTC and adverse party with copy of petition
CA may grant an addtl period of 15 days to fil petition for review. NO further
extension shall be granted except for the most compelling reason and in no case to
exceed 15 days.
SEC. 2 FORM AND CONTENTS
What

you need for a petition for review:

Verified petition
Attach a copy of the decision or a duplicate original
Attach an affidavit of material dates
Parties, issues, grounds relied upon, errors, explanation if service is other
than personal
Certificate of non-forum shopping

SEC. 3 EFFECT OF FAILURE TO COMPLY WITH REQUIREMENTS

Failure to comply with the requirements will be sufficient grounds for dismissal.
SEC. 4 ACTION ON THE PETITION
The CA may:
1. Require the respondent to fil a comment on the petition, not a MTD, within 10
days from notice; or
2. Dismiss the petition if it finds the same to be:
a. Patently without merit;
b. Prosecuted manifestly for delay; or
c. The questions raised therein are too unsubstantial to require
consideration
SEC. 5 CONTENTS OF 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 and shall:
1. State WON he accepts the statement of matters
2. Point out such insufficiencies or inaccuracies as he believes exist
3. Reasons why the petition should not be given due course.
A copy of the comment shall be served on the petitioner.

SEC. 6 DUE COURSE

CA may only give due course to the petition if it shows on its face (CA finds prima
facie) that the LC has committed an error of fact and/or law that will warrant a
reversal or modification of the decision or judgment sought to be reviewed.
SEC. 7 ELEVATION OF RECORD
It is only when the CA deems it necessary that the Clerk of the RTC will be ordered
to elevate the records of the case.
SEC. 8 PERFECTION OF APPEAL; EFFECT
1. Deemed perfected as to the petitioner upon the timely filing of the petition
for review and payment of the corresponding fees; and
2. Court loses jurisdiction over the case upon perfection of appeal on time and
expiration of the period to appeal.
SEC. 9 SUBMISSION FOR DECISION
If the petition is given due course:
1. Case may be set for oral argument; or
2. The parties may be required to submit memoranda within 15 days from
notice
3. Case shall be deemed submitted for decision upon filing of the last pleading
or memorandum.
RULE 43 APPEALS FROM THE CTA AND THE QUASI-JUDICIAL AGENCIES TO THE CA
SEC. 1 SCOPE
Appeals from awards, judgments final orders or resolution of or authorized by any
quasi-judicial agency in the exercise of its quasi-judicial functions.
SEC. 2 CASES NOT COVERED
N/A to judgments or final orders issued under the Labor Code
SEC.3 WHERE TO APPEAL
May be taken to the CA within the period and in the manner herein provided,
whether the appeal involves questions of fact, of law, or mixed question of law and
fact
SEC. 4 PERIOD OF APPEAL
15 days from:
1. Notice of the award, judgment, final order or resolution; or

2. Date of publication, if publication is required by law for its effectivity; or

3. Denial of petitioners MNT or MR (Only 1 MR shall be allowed)
SEC. 5 HOW APPEAL TAKEN
1. By filing a verified petition for review in 7 legible copies;
2. With proof of service of a copy thereof on the adverse party and on the court
or agency a quo;
3. Pay to the clerk of court of CA docket and other lawful fees; and
4. Deposit the sum of PhP 500 for costs
SEC. 6 CONTENTS OF THE PETITION
1. State full names of the parties to the case;
2. Set forth concisely a statement of the facts and issues involved and the
grounds relied upon for review;
3. Accompanied by clearly legible duplicate originals or certified true copy of the
award, judgment final order or resolution appealed from;
4. Certificate of non-forum shopping; and
5. State the specific material dates showing that it was filed on time
SEC. 7 EFFECT OF FAILURE TO COMPLY WITH REQUIREMENTS
Sufficient ground for dismissal
SEC. 8-10
Same as in Rule 42
SEC. 11 TRANSMITTAL OF RECORD
Within 15 days from notice that the petition has been given due course, the CA may
require the agency concerned to transmit the original or a legible certified copy of
the entire record of the proceeding under review
SEC. 12 EFFECT OF APPEAL

Appeal from the QJA shall not stay the award, judgment, etc.
o UNLESS the CA orders so.

SEC. 13 SUBMISSION FOR DECISION

Similar to Sec. 9 of Rule 42.
RULE 44 ORDINARY APPEALED CASES
SEC. 1- SEC. 4

The procedure for ordinary appeals in the CA is found in Rule 44

SEC. 5 6

The complete record is generally needed.

o Except if complete record cannot be procured due to insuperable or
extremely difficult cases

SEC. 7 9

What are the periods for filing of briefs:

o Appellants brief: 45 days from receipt of notice that evidence was
attached to record
o Appellees brief: 45 days from receipt of appellants
o Appellants reply (not mandatory): 20 days

SEC. 10 TIME FOR FILING 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 a non-extendible period
of 30 days from receipt of the notice.
The failure of the appellant to file his memorandum within the period therefore may
be a ground for dismissal of the appeal.
SEC. 11 SEVERAL APPELANTS OR APPELLEES OR SEVERAL COUNSEL FOR EACH
PARTY
Each counsel representing one or more but not all of them shall be served with
only 1 copy of the briefs
Several counsels represent 1 appellant or appellee, copies of the brief may be
served upon any of them
SEC. 12 EXTENSION OF TIEM FOR FILING BRIEFS
GR: Not allowed
Exception: For good and sufficient cause and only if the motion for extension of the
time sought to be extended
SEC. 13 CONTENTS OF APPELLANTS BRIEF (SAC FIARC)
SEC. 14 CONTENTS OF APPELLEES BRIEF
1. Subject index of the matter in brief
2. Under Statement of Facts, state that appellee accepts statement of facts or
under Counter-Statement of Facts, point out such insufficiencies or
inaccuracies
3. Under Argument, set forth arguments in the case
SEC. 15 QUESTIONS THAT MAY BE RAISED ON APPEAL

Appellant may include any question of law or fact that has been raised in the
LC and w/c is within the issues framed by the parties
o Doesnt matter if he filed a MNT or not

RULE 45 APPEAL BY CERTIORARI TO THE SC

SEC. 1 SEC. 2

The only way to go up to the SC is through a Petition for Review on Certiorari

o Except in criminal cases where the punishment is LI, RP, or death:
ordinary appeal
Only questions of law may be considered, subject to jurisprudential
exceptions
Period:
o 15 days
Extension of 30 days upon motion and payment of docket fees
Only 1 extension allowed

SEC. 3-6

A review is not a matter of right, but of judicial discretion. Will only be

granted if there are special and important reasons therefore

SEC. 7 PLEADINGS AND DOCUMENTS THAT MAY BE REQUIRED; SANCTIONS

For purposes of determining Sec. 5 or Sec. 8, SC may require or allow the filing of
such pleadings, briefs, memoranda or documents within such periods and under
such conditions as it may consider appropriate.
SC may impose the corresponding sanctions in case of non-filing or unauthorized
filing or non-compliance with the conditions
SEC. 8 DUE COURSE; ELEVATION OF RECORDS
If petition is given due course, SC may require elevation of complete record within
15 days from notice
SEC. 9 RULE APPLICABLE TO BOTH CIVIL AND CRIMINAL CASES