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RULE 40

Appeal From Municipal Trial Courts to the Regional Trial Courts


Section 1. Where to appeal. 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. (a)

Section 2. When to appeal. 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 judgment or final order.
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 3. How to appeal. The appeal is taken by 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.
A record on appeal shall be required only in special proceedings and in other cases of multiple or separate appeals.
The form and contents of the record on appeal shall be as provided in section 6, Rule 41.
Copies of the notice of appeal, and the record on appeal where required, shall be served on the adverse party. (n)

Section 4. Perfection of appeal; effect thereof. The perfection of the appeal and the effect thereof shall be
governed by the provisions of section 9, Rule 41. (n)

Section 5. Appellate court docket and other lawful fees. 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 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. (n)

Section 6. Duty of the clerk of court. 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. (n)

Section 7. Procedure in the Regional Trial Court.


(a) Upon receipt of the complete record or the record on appeal, the clerk of court of the Regional Trial Court shall
notify the parties of such fact.
(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 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.
(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. (n)

Section 8. Appeal from orders dismissing case without trial; lack of jurisdiction. 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 the case in
accordance with the preceding section, without prejudice to the admission of amended pleadings and additional
evidence in the interest of justice. (n)
Section 9. Applicability of Rule 41. The other provisions of Rule 41 shall apply to appeals provided for herein
insofar as they are not inconsistent with or may serve to supplement the provisions of this Rule. (n)

RULE 91
Escheats
Section 1. When and by whom petition filed. When a person dies intestate, seized of real property in the
Philippines, leaving no heir or person by law entitled to the same, the Solicitor General or his representative in
behalf of the Republic of the Philippines, may file a petition in the Court of First Instance of the province where the
deceased last resided or in which he had estate, if he resided out of the Philippines, setting forth the facts, and
praying that the estate of the deceased be declared escheated.

Section 2. Order for hearing. If the petition is sufficient in form and substance, the court, by an order
reciting the purpose of the petition, shall fix a date and place for the hearing thereof, which date shall be not more
than six (6) months after the entry of the order, and shall direct that a copy of the order be published before the
hearing at least once a week for six (6) successive weeks in some newspaper of general circulation published in the
province, as the court shall be deem best.

Section 3. Hearing and judgment. Upon satisfactory proof in open court on the date fixed in the order
that such order has been published as directed and that the person died intestate, seized of real or personal
property in the Philippines, leaving no heir or person entitled to the same, and no sufficient cause being shown to
the contrary, the court shall adjudge that the estate of the estate of the deceased in the Philippines, after the
payment of just debts and charges, shall escheat; and shall, pursuant to law, assign the personal estate to the
municipality or city where he last resided in the Philippines, and the real estate to the municipalities or cities,
respectively, in which the same is situated. If the deceased never resided in the Philippines, the whole estate may
be assigned to the respective municipalities or cities where the same is located. Shall estate shall be for the benefit
of public schools, and public charitable institutions and centers in said municipalities or cities.

The court, at the instance of an interested party, or on its own motion, may order the establishment of a
permanent trust, so that the only income from the property shall be used.

Section 4. When and by whom claim to estate filed. If a devisee, legatee, heir, widow, widower, or other
person entitled to such estate appears and files a claim thereto with the court within five (5) years from the date of
such judgment, such person shall have possession of and title to the same, or if sold, the municipality or city shall
be accountable to him for the proceeds after deducting reasonable charges for the care of the estate; but a claim
not made within the said time shall be forever barred.

Section 5. Other actions for escheat. Until otherwise provided by law, actions reversion or escheat of
properties alienated in violation of the Constitution or of any statute shall be governed by this rule, except that the
action shall be instituted in the province where the land lies in whole or in part.

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