Mode of Appeal Nature of Action Period of Appeal

I. Rule 40 Ordinary Appeal a. Civil Action a. 15 days from notice of

MTC to RTC b. Special judgment
(In relation to Proceedings and Civil Action b. 30 days from notice of
Sec 39 BP129 in Cases of Multiple or judgment
Sec 22 BP129 Separate Appeals c. 48 hours of from
and R41) c. Habeas Corpus notice of judgment

II. Rule 41 Ordinary Appeal a. Civil Action a. 15 days from notice of

RTC to CA b. Special Proceedings and judgment
(In relation to Civil Action in Cases of b. 30 days from notice of
Sec 39 BP129 Multiple or Separate judgment
Sec 22 BP129 Appeals c. 48 hours of from
and R41) c. Habeas Corpus notice of judgment
 III. Rule 42
MTC to RTC to CA
IV. Rule 43
CTA to CA
QUASI-JUDICIAL BODIES to
CA (already amended of
RA9282 which elevated CTA
to level of CA [Sec 1. from
CTA en banc appeal is to the
SC.])
V. Rule 45
RTC (orig. jur.) to SC;
CA to SC;
SANDIGANBAYAN to
SC; amparo, habeas
data and writ of
kalikasan petitions
(CTA en banc - SC
petition for review
on certiorari under
R45 [Sec 19])
Note: Under our present judicial system a party is generally, allowedoneappeal as a matter of right (MTC-RTC; RTC-CA) and a second appeal as a matter of judicial discretion (MTC-RTC-CA; RTC-CA-SC; Petition for Review; Appeal by
Petition for Review with
certification of non-
forum shopping
Appeal by Certiorari or
Petition for Review on
Certiorari
No Distinction
-can be question of fact or
law or pure question of law
No Distinction
-can be question of fact or
law or pure question of law
No Distinction But Based
Only on Pure Question of
Law. But in appeals from
amparo, habeas data and
writ of kalikasan petitions,
questions of fact or both
fact and law can be raised.
15 days from notice of
decision or of denial of
Motion for New Trial or
Motion for
Reconsideration
15 days from notice of
decision or of denial of
Motion for New Trial or
Motion for
Reconsideration
15 days from notice of
decision or of denial of
Motion for New Trial or
Motion for
Reconsideration
 APPEAL
Requisites Where Filed Effect of Appeal Action of Appellate Court

a. -Notice; and With trial court Perfectioon stays judgment Automatically entertains
- -Payment of Appellate Docket Fee (matter of right)
and Lawful Fees Affirm or reverse or try
b. -Notice; and the case as if originally
- -Payment of filed eith RTC
Appellate Docket Fee and Lawful Fees; and
-
-Record on Appeal
c. -Notice; and
- -Payment of
Appellate Docket Fee and Lawful Fees

a. -Notice; and With trial court Perfectioon stays judgment Automatically entertains
- -Payment of Appellate Docket Fee (matter of right)
and Lawful Fees Affirm or reverse or try
b. -Notice and Record on the case as if originally
Appeal; and - -Payment filed eith RTC
of Appellate Docket Fee and Lawful Fees
c.
-Notice; and
- -Payment of Appellate Docket Fee and
Lawful Fees
 a. Statement of matters involved, issues With Court of Perfectioon stays judgment May or may not give due
raised, specification of errors (of fact or law or Appeals except in vivil cases course (discretionary)
both) decided uner the Rule on
b. Certification of non-forum shopping Summary Procedure
c. Verified
d. payment of docket and other
lawful fees, deposit of (p500.00) for costs
e. furnish copy to RTC and
adverse party

a. Statement of matters involved, issues With Court of Perfection does not stay May or may not give due
raised, specification of errors (of fact or law or Appeals judgment, award, etc course (discretionary)
both)
b. Certification of non-forum shopping
c. Verified
d. payment of docket and other
lawful fees, deposit of (p500.00) for costs
e. furnish copy to RTC and
adverse party

a. Statement of matters involved, issues With Supreme Court perfection stays judgment May or may not give due
raised, specification of errors (of fact or law or course (discretionary)
both)
b. Certification of non-forum shopping
c. Verified
d. payment of docket and other
lawful fees, deposit of (p500.00) for costs
e. furnish copy to RTC and
adverse party

s a matter of judicial discretion (MTC-RTC-CA; RTC-CA-SC; Petition for Review; Appeal by Certiorari).
 Effectof Motion For New Trial / Grounds for Dismissal Sec
Extension of Period Motion for Reconsideration 13 R 41
Not extendible but for Interrupts running of period to a. By trial court before
appeal requiring a appeal transmittal or record for
record on appeal, there 15-day period to appeal start to being filed out of time
can be an extension of run again from notice of denial
another 30 days of MR or MNT b. By
provided motion is filed appellate court after
within the original transmittal of record for
period. being filed out of time

c. Non-
compliance with
requisite of timely
payment but dismissal
is discretionary, and d)
failure to file appeal
Not extendible but if Interrupts running of period to memorandum.
a. By trial court before
appeal requires a appeal transmittal or record for
record on appeal there fresh being filed out of time
can be an extension of 15-day period
another 30 days b. By
provided the motion is appellate court after
filed within the original transmittal of record for
period. being filed out of time

c. Non-
compliance with
requisite of timely
payment (see R50) but
dismissal is
discretionary. and d)
fialure to file
memorandum on
appeal
15 days only to file 15-day period to appeal starts a. Failure to comply
petition conditioned to run again from notice of with requirements and
that payment of fees denial of Motion for New Trial b. Patently without
and costs made within or Motion for Reconsideration merit
the original 15-day c. Manifestly
period; another 15-day dilatory d. Issues
extension may be raised unsubstantial
granted for the most (see R50)
compelling reason.
Total is 30 days

15 days only to file 15-day period to appeal starts a. Failure to comply

petition conditioned to run again from notice of with requirements and
that payment of fees denial of Motion for New Trial b. Patently without
and costs made within or Motion for Reconsideration merit
the original 15-day c. Manifestly
period; another 15-day dilatory d. Issues
extension may be raised unsubstantial
granted for the most
compelling reason.
Total is 30 days

15 days only to file 15-day period to appeal starts a. Failure to comply

petition conditioned to run again from notice of with requirements and
that payment of fees denial of Motion for New Trial b. Patently without
and costs made within or Motion for Reconsideration merit
the original 15-day c. Manifestly
period dilatory d. Issues
raised unsubstantial