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without prejudice.
In all the above instances where the
Rule 40. Appeal from MTC to RTC. judgment or final order is not
Via Notice of Appeal 15 days. appealable, the aggrieved party may file
1. Parties an appropriate special civil action under
2. Judgment or final order or part thereof Rule 65. (n)
appealed from,
3. Material dates showing the timeliness Modes of appeal.
of the appeal.
4. Grounds. (a) Ordinary appeal.The appeal
to the Court of Appeals in cases decided
Appellants Memorandum 15 days. by the Regional Trial Court in the
Non-filing is ground to dismiss the exercise of its original jurisdiction shall
appeal. be taken by filing a notice of appeal with
Appellees Memorandum 15 days from the court which rendered the judgment
receipt of Appellants Memorandum. or final order appealed from and serving
a copy thereof upon the adverse party.
Record on appeal 30 days: No record on appeal shall be required
1. Notice of appeal (see above) and except in special proceedings and other
2. Record on appeal. cases of multiple or separate appeals
where the law or these Rules so require.
In such cases, the record -on appeal
RULE 41 - APPEAL FROM THE shall be filed and served in like manner.
REGIONAL TRIAL COURTS TO THE (b) Petition for review.The
COURT OF APPEALS. appeal to the Court of Appeals in cases
decided by the Regional Trial Court in
Subject of appeal.An appeal may be the exercise of its appellate jurisdiction
taken from a judgment or final order that shall be by petition for review in
completely disposes of the case, or of a accordance with Rule 42.
particular matter therein when declared (c) Appeal by certiorari.In all
by these Rules to be appealable. cases where only questions of law are
raised or involved, the appeal shall be to
No appeal may be taken from: the Supreme Court by petition for review
on certiorari in accordance with Rule 45.
(a) An order denying a motion for (n)
new trial or reconsideration;
(b) An order denying a petition for
relief or any similar motion seeking relief Rule 41, Appeal from RTC to CA.-
from judgment;
(c) An interlocutory order; Notice of appeal. 15 days. Pay appeal
(d) An order disallowing or fees to RTC OCC.
dismissing an appeal; 1. Parties to the appeal,
(e) An order denying a motion to 2. Judgment or final order or part thereof
set aside a judgment by consent, appealed from,
confession or compromise on the 3. The court to which the appeal is being
ground of fraud, mistake or duress, or taken, and
any other ground vitiating consent. 4. Material dates showing the timeliness
(f) An order of execution; of the appeal.
(g) A judgment or final order for
or against one or more of several parties Record on appeal; form and contents
or in separate claims, counterclaims, thereof
cross-claims and third-party complaints, 1. Full names of all the parties to the
while the main case is pending, unless proceedings shall be stated in the
the court allows an appeal therefrom; caption of the record on appeal.
and 2. Judgment or final order from which the
appeal is taken and,
3. In chronological order, copies of only Joint record on appeal.Where both
such pleadings, petitions, motions and parties are appellants, they may file a
all interlocutory orders as are related to joint record on appeal within the time
the appealed judgment or final order for fixed by section 3 of this Rule, or that
the proper understanding of the issue fixed by the court.
involved, together with such data as will
show that the appeal was perfected on Perfection of appeal; effect thereof
time. 1. A partys appeal by notice of appeal is
4. If an issue of fact is to be raised on deemed perfected as to him upon the
appeal, the record on appeal shall filing of the notice of appeal in due time.
include by reference all the evidence, 2. A partys appeal by record on appeal is
testimonial and documentary, taken deemed perfected as to him with respect
upon the issue involved. to the subject matter thereof upon the
5. The reference shall specify the approval of the record on appeal filed in
documentary evidence by the exhibit due time.
numbers or letters by which it was 3. In appeals by notice of appeal, the
identified when admitted or offered at court loses jurisdiction over the case
the hearing, and the testimonial upon the perfection of the appeals filed
evidence by the names of the in due time and the expiration of the
corresponding witnesses. time to appeal of the other parties.
6. If the whole testimonial and 4. In appeals by record on appeal, the
documentary evidence in the case is to court loses jurisdiction only over the
be included, a statement to that effect subject matter thereof upon the approval
will be sufficient without mentioning the of the records on appeal filed in due
names of the witnesses or the numbers time and the expiration of the time to
or letters of exhibits. appeal of the other parties.
7. Every record on appeal exceeding 5. In either case, prior to the transmittal of
twenty (20) pages must contain a the original record or the record on
subject index. (6a) appeal, the court
5.1. may issue orders for the protection
Approval of record on appeal and preservation of the rights of the
1. Upon the filing of the record on appeal parties which do not involve any matter
for approval and if no objection is filed litigated by the appeal,
by the appellee within five (5) days from5.2. approve compromises,
receipt of a copy thereof, the trial court5.3. permit appeals of indigent litigants,
may approve it as presented or upon its5.4. order execution pending appeal in
own motion or at the instance of the accordance with section 2 of Rule 39,
appellee, may direct its amendment by and
the inclusion of any omitted matters5.5. allow withdrawal of the appeal.
which are deemed essential to the
determination of the issue of law or fact
involved in the appeal. RULE 42 - PETITION FOR REVIEW
2. If the trial court orders the amendment FROM THE REGIONAL TRIAL
of the record, the appellant, within the COURTS TO THE COURT OF
time limited in the order, or such APPEALS
extension thereof as may be granted, or
if no time is fixed by the order within ten How appeal taken; time for filing.
(10) days from receipt thereof, shall 1. Verified petition for review with the
redraft the record by including therein, in Court of Appeals 15 days,
their proper chronological sequence, 2. Paying at the same time to the CA clerk
such additional matters as the court may of court the corresponding docket and
have directed him to incorporate, and other lawful fees and costs, and
shall thereupon submit the redrafted 3. Furnishing the Regional Trial Court and
record for approval, upon notice to the the adverse party with a copy of the
appellee, in like manner as the original petition.
draft. (7a) 4. Upon proper motion and the payment
of the full amount of the docket and
other lawful fees and the deposit for too unsubstantial to require
costs before the expiration of the consideration. (n)
reglementary period, the Court of
Appeals may grant an additional period Contents of comment. seven (7)
of fifteen (15) days only within which to legible copies,
file the petition for review. 1. Accompanied by certified true copies
5. No further extension shall be of such material portions of the record
granted except for the most compelling referred to therein together with other
reason and in no case to exceed fifteen supporting papers and
(15) days. (n) 2. State whether or not he accepts the
statement of matters involved in the
Form and contents of Petition For petition;
Review. 3. Point out such insufficiencies or
1. Verified petition seven (7) legible inaccuracies as he believes exist in
copies, petitioners statement of matters
2. With the original copy intended for the involved but without repetition; and
court being indicated as such by the 4. State the reasons why the petition
petitioner, should not be given due course.
3. Full names of the parties to the 5. A copy thereof shall be served on the
case, without impleading the lower petitioner.
courts or judges thereof either as 6. Affidavit of Service.
petitioners or respondents; 7. CD of pleading and annexes (PDF
4. Specific material dates showing that it format).
was filed on time; 8. Explanation.
5. Statement of the maters involved, 9. Verification and AFS Certif optional/not
6. Issues raised, mandatory.
7. Specification of errors of fact or law, or
both, allegedly committed by the Due course.If the Court of Appeals
Regional Trial Court, and finds prima facie that the lower court has
8. Reasons or arguments relied upon for committed an error of fact or law that will
the allowance of the appeal; warrant a reversal or modification of the
9. Accompanied by clearly appealed decision, it may
legible duplicate originals or true copies accordingly give due course to the
of the judgments or final orders of both petition.
lower courts, certified correct by the
clerk of court of the Regional Trial Court, Elevation of record.Whenever the
the requisite number of plain copies Court of Appeals deems it necessary, it
thereof and of the pleadings and other may order the clerk of court of the
material portions of the record as would Regional Trial Court to elevate the
support the allegations of the petition. original record of the case including the
10. Verification and Anti- oral and documentary evidence within
Forum Shopping Certification under oath fifteen (15) days from notice.(n)
11. Affidavit of Service Adverse parties.
Lower Court. Perfection of appeal; effect thereof
12. CD of pleadings and annexes (PDF (a) Upon the timely filing of a
format) petition for review and the payment of
13. Explanation the corresponding docket and other
lawful fees, the appeal is deemed
perfected as to the petitioner.
Action on the petition.The Court of The Regional Trial Court loses
Appeals may require the respondent to jurisdiction over the case upon the
file a comment on the petition, not a perfection of the appeals filed in due
motion to dismiss, within ten (10) days time and the expiration of the time to
from notice, or dismiss the petition if it appeal of the other parties.
finds the same to be patently without However, before the Court of Appeals
merit, prosecuted manifestly for delay, gives due course to the petition, the
or that the questions raised therein are Regional Trial Court may issue orders
for the protection and preservation of the2.19. Construction Industry Arbitration
rights of the parties which do not involve Commission, and
any matter litigated by the appeal,2.20. Voluntary arbitrators authorized by law.
approve corn-promises, permit appeals
of indigent litigants, order execution Cases not covered. Rule 43 does not
pending appeal in accordance with apply to judgments or final orders issued
section 2 of Rule 39, and allow under the Labor Code of the Philippines
withdrawal of the appeal. i.e., Labor Arbiter, NLRC En
(b) Except in civil cases decided Banc/Division.
under the Rule on Summary Procedure,
the appeal shall stay the judgment or Period of appeal. Fifteen (15) days.
final order unless the Court of Appeals, 1. Only one (1) motion for
the law, or these Rules shall provide reconsideration shall be allowed.
otherwise. 2. Pay the appeal docket fee with the CA.
3. Court of Appeals may grant an
Submission for decision. additional period of fifteen (15) days only
If the petition is given due course, the within which to file the petition for
Court of Appeals may set the case review.
1. For oral argument 4. No further extension shall be granted
2. Or require the parties to submit except for the most compelling reason
memoranda within a period of fifteen and in no case to exceed fifteen (15)
(15) days from notice. days.