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APPEAL FROM MUNICIPAL TRIAL COURT TO REGIONAL TRIAL COURT RULE 40

Notice of Appeal 15 days.


1. Parties
2. Judgment or final order or part thereof appealed from,
3. Material dates showing the timeliness of the appeal.
4. Grounds.
Appellants Memorandum 15 days. Non-filing is ground to dismiss the appeal.
Appellees Memorandum 15 days from receipt of Appellants Memorandum.
Record on appeal 30 days:
1. Notice of appeal (see above) and
2. Record on appeal.
Duty of the clerk of court

- Within 15 days from the perfection of the appeal, the clerk of court or the

branch clerk 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 Regional Trial Court. A
copy of his letter of transmittal of the records to the appellate court shall be furnished the parties.
APPEAL FROM THE REGIONAL TRIAL COURTS TO THE COURT OF APPEALS - RULE 41
Notice of Appeal. 15 days.
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 partys appeal by notice of appeal is deemed perfected as to him upon the filing of the notice of appeal
in due time.

2. A partys 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.
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.

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)
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 petitioners 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.

(b)

Except in civil cases decided under the Rule on Summary Procedure, the appeal shall stay the

judgment or final order unless the Court of Appeals, the law, or these Rules shall provide other wise.
Submission for decision.
If the petition is given due course, the Court of Appeals may set the case
1.

For oral argument

2. Or require the parties to submit memoranda within a period of fifteen (15) days from notice.

APPEALS FROM THE COURT OF TAX APPEALS AND QUASI-JUDICIAL AGENCIES TO THE COURT
OF APPEALS Rule 43
Scope applies to appeals from judgments or final orders of the:
1.

Court of Tax Appeals and

2. Any quasi-judicial agency in the exercise of its quasi-judicial functions.


2.1.

Civil Service Commission,

2.2.

Central Board of Assessment Appeals,

2.3.

Securities and Exchange Commission,

2.4.

Office of the President,

2.5.

Land Registration Authority,

2.6.

Social Security Commission,

2.7.

Civil Aeronautics Board,

2.8.

Bureau of Patents, Trademarks and Technology Transfer,

2.9.

National Electrification Administration,

2.10. Energy Regulatory Board,


2.11.

National Telecommunications Commission,

2.12. Department of Agrarian Reform under Republic Act No. 6657,


2.13. Government Service Insurance System,
2.14. Employees Compensation Commission,
2.15. Agricultural Inventions Board,
2.16. Insurance Commission,
2.17. Philippine Atomic Energy Commission,
2.18. Board of Investments,
2.19. Construction Industry Arbitration Commission, and
2.20. Voluntary arbitrators authorized by law.
Cases not covered. Rule 43 does not apply to judgments or final orders issued under the Labor Code of
the Philippines i.e., Labor Arbiter, NLRC En Banc/Division.
Period of appeal. Fifteen (15) days.
1.

Only one (1) motion for reconsideration shall be allowed.

2. Pay the appeal docket fee with the CA.

3. Court of Appeals may grant an additional period of fifteen (15) days only within which to file the petition for
review.
4. No further extension shall be granted except for the most compelling reason and in no case to exceed
fifteen (15) days.
How appeal taken.. Verified petition for review
1.

Seven (7) legible copies with the Court of Appeals,

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 averified 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 petitioners 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.
Factual Findings. - The findings of fact of the court or agency concerned, when supported by substantial
evidence, shall be binding on the Court of Appeals.
Effect of appealThe appeal shall not stay the award, judgment, final order of resolution sought to be
reviewed unless the Court of Appeals shall direct otherwise upon such terms as it may deem just.
Remedy Integrate a motion for TRO in the petition for review.
Submission for decision.If the petition is given due course, the Court of Appeals may set the case for
oral argument or require the parties to submit memoranda within a period of fifteen (15) days from notice.

PROCEDURE IN THE COURT OF APPEALS


RULE 44 - ORDINARY APPEALED CASES
Appellants brief. Forty-five (45) days to file from receipt of notice from CA. Seven (7) copies. With
proof of service of two (2) copies thereof upon the appellee.
Appellees briefForty-five (45) days from receipt of the appellants brief. Seven (7) copies. With proof of
service of two (2) copies thereof upon the appellant.
Appellants reply brief.Twenty (20) days from receipt of the appellees brief. Answer points in the
appellees brief not covered in his main brief of appellant.
Time of filing memoranda in special cases.In certiorari, prohibition, mandamus, quo
warranto and habeas corpus cases, the parties shall file, in lieu of briefs, their respective memoranda
within a non-extendible period of thirty (30) days from receipt of the notice issued by the clerk that all the
evidence, oral and documentary, is already attached to the record.

Failure of the appellant to file his memorandum within the period therefor may be a ground for dismissal
of the appeal.
Extension of time for filing briefs.Extension of time for the filing of briefs will not be 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 appellants brief. In the order herein indicated:
(a)

A subject index of the matter in the brief


>with a digest of the arguments and page references, and
>table of cases alphabetically arranged, textbooks and statutes cited with 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,
>summary of the proceedings,
> appealed rulings and orders of the court,
>nature of the judgment and
>any other matters necessary to an understanding of the nature of the controversy,
>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
>Appellants 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)

Appellants brief shall contain, as an appendix, a copy of the judgment or final order appealed

from.

Contents of appellees 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

appellants brief, or under the heading Counter-Statement of Facts, he shall point out such
insufficiencies or inaccuracies as he believes exist in the appellants statement of facts with references to
the pages of the record in support thereof, but without repetition of matters in the appellants 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.
Note - He cannot raise a new issue for the first time on appeal.
APPEAL BY CERTIORARI TO THE SUPREME COURT RULE 45
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
> 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 petitioners 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 anextension of thirty (30) days only within which to file the petition.
Contents of petitionEighteen (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.
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.
ORIGINAL CASES (Court of Appeals) RULE 46
To what actions applicable.This Rule shall apply to original actions forcertiorari,
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. Affidavit 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.

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