APPEALS

Appeal from MTCs to

RTCs (Rule 40)
What cases?

Cases
under
the
jurisdiction of the MTCs

Appeal from the RTCs

(Rule 41) Ordinary
Appeal
An appeal may be taken
from a judgment or final
order that completely
disposes of the case, or
of a particular matter
therein when declared by
these Rules to be
appealable.
No appeal may be taken
from:
(a)
An
order
denying a motion for new
trial or reconsideration;
(b)
An
order
denying a petition for
relief or any similar
motion seeking relief
from judgment;
(c)
An interlocutory
order;
(d)
An
order
disallowing or dismissing
an appeal;
(e)
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;
(f)
An order of
execution;
(g)
A judgment or
final order for or against
one or more of several
parties or in separate
claims,
counterclaims,
cross-claims and third-

Petition for Review from

the RTC to CA (Rule 42)

Appeals from the CTA and

QJA to the CA (Rule 43)

Decisions of the RTC

rendered in the exercise
of
its
appellate
jurisdiction.

This Rule shall apply to

appeals from judgments or
final orders of the Court of
Tax Appeals and from
awards,
judgments,
final
orders or resolutions of or
authorized by any quasijudicial agency in the exercise
of its quasi-judicial functions.
Among these agencies are
the Civil Service Commission,
Central Board of Assessment
Appeals,
Securities
and
Exchange
Commission,
Office of the President, Land
Registration Authority, Social
Security Commission, Civil
Aeronautics Board, Bureau of
Patents, Trademarks and
Technology
Transfer,
National
Electrification
Administration,
Energy
Regulatory Board, National
Telecommunications
Commission, Department of
Agrarian
Reform
under
Republic Act No. 6657,
Government
Service
Insurance
System,
Employees
Compensation
Commission,
Agricultural
Invention Board, Insurance
Commission,
Philippine
Atomic Energy Commission,
Board
of
Investments,
Construction
Industry
Arbitration Commission, and
voluntary
arbitrators
authorized by law. (Section 1)

Appeal by Certiorari to
the Supreme Court
(Rule 45)
A party desiring to appeal
by certiorari from a
judgment, final order or
resolution of the Court of
Appeals,
the
Sandiganbayan, the Court
of Tax Appeals, the
Regional Trial Court or
other courts, whenever
authorized
by
law,
(Section 1)

party complaints, while

the
main
case
is
pending, unless the court
allows
an
appeal
therefrom; and
(h)
An
order
dismissing an action
without prejudice.

Where
appeal?

to

When
appeal?

to

An
appeal
from
a
judgment or final order of
a Municipal Trial Court
may be taken to the
Regional Trial Court
exercising jurisdiction
over the area to which
the former pertains.
The title of the case shall
remain as it was in the
court of origin, but the
party appealing the case
shall be further referred
to as the appellant and
the adverse party as the
appellee. (Section 1)
An appeal may be taken
within fifteen (15) days
after notice to the
appellant
of
the
judgment or final order
appealed from. Where a
record on appeal is
required, the appellant
shall file a notice of
appeal and a record on
appeal within thirty (30)
days after notice of the

In all the above instances

where the judgment or
final
order
is
not
appealable,
the
aggrieved party may file
an appropriate special
civil action under Rule
65. (Section 1)
Court of Appeals

The appeal shall be

taken within fifteen (15)
days from notice of
judgment of final order
appealed from notice of
judgment or final order
appealed from. Where a
record on appeal is
required, the appellants
shall file a notice of
appeal and a record on
appeal within thirty (30)

This Rule shall not apply to

judgments or final orders
issued under the Labor Code
of the Philippines. (Section 2)

Court of Appeals

An appeal under this Rule

may be taken to the Court of
Appeals within the period
and in the manner herein
provided, whether the appeal
involves questions of fact, of
law, or mixed questions of
fact and law. (Section 3)

Supreme Court

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.

The appeal shall be taken

within fifteen (15) days from
notice
of
the
award,
judgment, final order or
resolution, or from the date
of its last publication, if
publication is required by
law for its effectivity, or of
the denial of petitioner's
motion for new trial or
reconsideration duly filed in
accordance
with
the

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 petitioner's motion
for
new
trial
or
reconsideration filed in
due time after notice of
the judgment.

Upon proper motion and

judgment or final order.

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. (Section
1)

governing law of the court

or agency a quo. Only one
(1) motion for reconsideration
shall be allowed.

Filing a notice of
appeal with the court
that
rendered
the
judgment or final order
appealed from. The
notice of appeal shall
indicate the parties to the
appeal, the judgment or
final order or part thereof
appealed from, and state
the
material
dates
showing the timeliness of
the appeal. (Section 3)

Filing 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. (Section 1)

Appeal shall be taken by

filing a verified petition for
review in seven (7) legible
copies with the Court of
Appeals, with proof of
service of a copy thereof on
the adverse party and on
the court or agency a quo.
The original copy of the
petition intended for the Court
of Appeals shall be indicated
as such by the petitioner.
(Section 5)

A party's appeal by notice of appeal is deemed

perfected as to him upon the filing of the notice of
appeal in due time.

Upon the timely filing of

a petition for review and
the payment of the
corresponding docket
and other lawful fees,
the appeal is deemed

The period of appeal

shall be interrupted by a
timely motion for new
trial or reconsideration.
No motion for extension
of time to file a motion for
new
trial
or
reconsideration shall be
allowed. (n)
(Section 2)

How
appeal?

to

Perfection of
appeal

days from notice of the

judgment or final order.
However, an appeal in
habeas corpus cases
shall be taken within
forty-eight (48) hours
from notice of the
judgment or final order
appealed from.
The period of appeal
shall be interrupted by a
timely motions for new
trial or reconsideration.
No motion for extension
of time to file a motion for
new
trail
or
reconsideration shall be
allowed. (Section 3)

A party's appeal by record on appeal is deemed

perfected as to him with respect to the subject matter

Upon proper motion and the

payment of the full amount of
the docket fee 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. (Section 4)

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
an extension of thirty (30)
days only within which to
file the petition. (Section
2)

File with the Supreme

Court 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 questions 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.
(Section 1)

When
does
the court lose
its
jurisdiction?

Action of the
court
of
origin prior to
the
transmittal of
record

thereof upon the approval of the record on appeal

filed in due time.
(Section 4 or Rule 40, Section 9 in Rule 41)
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.
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 appeal of the other
parties. (Section 4 or Rule 40, Section 9 in Rule 41)
In either case, prior to the transmittal of the original
record or the record on appeal, the 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 compromises, permit appeals
of indigent litigants, order execution pending appeal
in accordance with 2 of Rule 39, and allow withdrawal
of the appeal. (Section 4 or Rule 40, Section 9 in Rule
41)

Execution of
Judgment

Payment of
appellate
court docket

Within the period for taking an appeal, the

appellant shall pay to the clerk of the court which
rendered the judgment or final order appealed

perfected as to the
petitioner. (Section 8)
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. (Section 8)

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
compromises,
permit appeals of indigent
litigants, order execution
pending
appeal
in
accordance with section 2
of Rule 39, and allow
withdrawal of the appeal.
(Section 8)
(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
otherwise.
(Section 8)

The appeal shall not stay

the award, judgment, final
order or resolution sought to
be reviewed unless the Court
of Appeals shall direct
otherwise upon such terms as
it may deem just.

Upon the filing of the petition,

the petitioner shall pay to the
clerk of court of the Court

Unless he has theretofore

done so, the petitioner
shall
pay
the

and
other
lawful fees

Duty of the
Clerk
of
Court

from the full amount of the appellate court docket

and other lawful fees. Proof of payment thereof shall
be transmitted to the appellate court together with the
original record or the record on appeal, as the case
may be. (Section 5 in Rule 40, Section 4 in Rule 41)

Within fifteen (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.
(Section 6)

Within thirty (30) days

after perfection of all the
appeals in accordance
with
the
preceding
section, it shall be the
duty of the clerk of court
of the lower court:
(a)
To verify the
correctness
of
the
original record or the
record on appeal, as the
case may be aid to make
certification
of
its
correctness;
(b)
To verify the
completeness of the
records that will be,
transmitted
to
the
appellate court;
(c)
If found to be
incomplete, to take such
measures as may be
required to complete
the records, availing of
the authority that he or
the court may exercise
for this purpose; and

of Appeals the docketing and

other lawful fees and deposit
the sum of P500.00 for costs.
Exemption from payment of
docketing and other lawful
fees and the deposit for costs
may be granted by the Court
of Appeals upon a verified
motion setting forth valid
grounds therefor. If the Court
of Appeals denies the motion,
the petitioner shall pay the
docketing and other lawful
fees and deposit for costs
within fifteen (15) days from
notice of the denial. (Section
5)

corresponding docket and

other lawful fees to the
clerk of court of the
Supreme
Court
and
deposit the amount of
P500.00 for costs at the
time of the filing of the
petition.
Proof of service of a copy,
thereof on the lower court
concerned and on the
adverse party shall be
submitted together with
the petition.

(d)
To transmit the
records to the appellate
court.
If the efforts to complete
the records fail, he shall
indicate in his letter of
transmittal the exhibits or
transcripts not included
in the records being
transmitted
to
the
appellate
court,
the
reasons for their nontransmittal, and the steps
taken or that could be
taken to have them
available.
The clerk of court shall
furnish the parties with
copies of his letter of
transmittal of the records
to the appellate court.
(Section 10)
When is a
case
submitted for
decision?

Grounds for
dismissal

(c)
Upon the filing
of the memorandum of
the appellee, or the
expiration of the period
to do so, the case shall
be considered submitted
for
decision.
The
Regional Trial Court shall
decide the case on the
basis of the entire record
of the proceedings had in
the court of original and
such memoranda as are
filed. (Section 7, par. c)
(b)
Within
fifteen
(15) days from such
notice, it shall be the duty
of the appellant to submit
a memorandum which
shall briefly discuss the
errors imputed to the

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. The 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. (Section
9 of Rule 42, Section 13 of Rule 43)

Prior to the transmittal of

the original record or the
record on appeal to the
appellate court, the trial
court may motu propio
or on motion dismiss
the appeal for having

The failure of the petitioner to comply with any of the foregoing requirements regarding
the payment of the docket and other lawful fees, the deposit for costs, proof 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. (Section 3 of Rule 42,
Section 7 of Rule 43, Section 5 of Rule 45)

Actions
of
the appellate
court
(Dismissal of
the Petition)

lower court, a copy of

which shall be furnished
by him to the adverse
party. Within fifteen (15)
days from receipt of the
appellant's
memorandum,
the
appellee may file his
memorandum. Failure of
the appellant to file a
memorandum shall be
a ground for dismissal
of the appeal. (Section
7, par b)
If an appeal is taken from
an order of the lower
court dismissing the case
without a trial on the
merits, the Regional Trial
Court may affirm or
reverse it, as the case
may be. In case of
affirmance
and
the
ground of dismissal is
lack of jurisdiction over
the subject matter, the
Regional Trial Court, if it
has
jurisdiction
thereover, shall try the
case on the merits as if
the case was originally
filed with it. In case of
reversal, the case shall
be remanded for further
proceedings.
If the case was tried on
the merits by the lower
court without jurisdiction
over the subject matter,
the Regional Trial Court
on appeal shall not
dismiss the case if it has
original
jurisdiction
thereof, but shall decide

been taken out of time

or for non-payment of
the docket and other
lawful fees within the
reglementary
period.
(Section 13)

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.(Section 4 of Rule 42, Section 8 of Rule 43)

The Supreme Court may

on its own initiative deny
the petition on the ground
that the appeal is without
merit, or is prosecuted
manifestly for delay, or
that the questions raised
therein
are
too
unsubstantial to require
consideration. (3a)

the case in accordance

with
the
preceding
section, without prejudice
to the admission of
amended pleadings and
additional evidence in the
interest
of
justice.
(Section 8)
When is an
appeal given
due course?

Contents of
the Petition

If upon the filing of the comment 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 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. (Section 6 of Rule 42, Section 10 of Rule 43)

The notice of appeal

shall indicate the parties
to the appeal, specify the
judgment or final order or
part thereof appealed
from, specify the court to
which the appeal is being
taken, and state the
material dates showing
the timeliness of the
appeal. (Section 5)
The full names of all the
parties
to
the
proceedings shall be
stated in the caption of
the record on appeal and
it shall include the
judgment or final order
from which the appeal is
taken
and,
in
chronological
order,
copies of only such

The findings of fact of the court or agency concerned,

when supported by substantial evidence, shall be binding
on the Court of Appeals. (Section 10 of Rule 43)
The petition shall be filed The petition for review shall
in seven (7) legible (a) state the full names of the
copies, with the original parties to the case, without
copy intended for the impleading the court or
court being indicated as agencies either as petitioners
such by the petitioner, or respondents; (b) contain a
and shall (a) state the full concise statement of the facts
names of the parties to and issues involved and the
the
case,
without grounds relied upon for the
impleading
the
lower review; (c) be accompanied
courts or judges thereof by a clearly legible duplicate
either as petitioners or original or a certified true
respondents; (b) indicate copy of the award, judgment,
the specific material dates final order or resolution
showing that it was filed appealed from, together with
on time; (c) set forth certified true copies of such
concisely a statement of material portions of the record
the matters involved, the referred to therein and other
issues
raised,
the supporting papers; and (d)
specification of errors of contain a sworn certification
fact or law, or both, against forum shopping as
allegedly committed by provided in the last paragraph
the Regional Trial Court, of section 2, Rule 42. The

The petition shall be filed

in eighteen (18) copies,
with the original copy
intended for the court
being indicated as such
by the petitioner and shall
(a) state the 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; (b) indicate
the
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

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. 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.
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.
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. Every record on
appeal exceeding twenty
(20) pages must contain
a subject index. (Section
6)

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
against forum shopping.
(Section 2)

petition shall state the specific

material dates showing that it
was filed within the period
fixed herein. (Section 6)

notice of the denial

thereof was received; (c)
set forth concisely a
statement of the matters
involved, and the reasons
or arguments relied on for
the allowance of the
petition;
(d)
be
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; and (e)
contain
a
sworn
certification against forum
shopping as provided in
the last paragraph of
section 2, Rule 42.
(Section 4)