RULE 40: APPEAL FROM MTC TO RTC HOW:

Where: taken to RTC exercising serving copy within the period proof of payment
filing a notice of
jurisdiction over the area to which
of the notice for taking appeal, shall be within 15 days from
the former pertains appeal with the appellant to pay perfection of appeal,
to the transmitted to
court that
adverse coc which the appellate coc of lower court
When: -15 days after notice to
rendered party. rendered court together shall transmit the
the appellant of the judgment or
final order appealed from. judgment . judgment full with the original original record or the
amount of court record or the record on appeal
- If record of appeal is required docket and other record on appeal together with
then 30 days. lawful fees. transcripts and
exhibits, which shall
certify the same as
complete to the
proper RTC.
appellee , if he so
within 15 days from
desires, file his
memorandum such notice, appellant
within 15 days from shall submit a
Perfection of Appeal: memorandum, copy
RTC receipt of
furnished to appellee.
Notice of appeal shall appellants memo. coc of RTC shall
memorandum is
Perfected as to appellant upon filing. No need approval. decide. vital, failure to do so notify parties of
will be a ground for the receipt of
Case is deemed record/ notice
Record of appeal notice of dismissal.
submitted upon the
Perfected as to appellant upon approval of the record filing of appellees
on appeal filed in due time. memorandum or
the expiration of
the period to do so.

APPEAL ON GROUND OF LACK OF JURISDICTION

a) if reversed- case shall be remanded to the MTC for further proceeding NOTE:
GR: sec 19 (g)Rule 41- order dismissing an action for
b) if affirmed- dismissal becomes dismissal on the merits lack of jurisdiction (without prejudice) is not
appealable.
APPEAL BASED ON LACK OF JURISDICTION UPON SUBJECT MATTER EXP: sec 8 Rule 40- MTC dismissal based on lack of
a) if affirmed- affirm dismissal and RTC SHALL TRY the case on the merits jurisdiction is appealable.
as if it was ORIGINALLY filed with it.
 ORDINARY APPEAL PETITION FOR REVIEW
(RULE 40-41) (RULE 42) APPEAL BY CERTIORARI
CERTIORARI (RULE45) (RULE 65)
BY NOTICE OF APPEAL OR BY
HOW IS IT TAKEN BY PETITION
RECORD ON APPEAL
ISSUES PURE QUESTIONS OF WHETHER THE TRIBUNAL, BOARD
WHERE TO FILE LAW OR OFFICER (TBO) COMMITTED
TO THE COURT WHO RENDERED TO THE APPELLATE GRAVE ABUSE OF DISCRETION OR
AND PAY DOCKET
JUDGMENT COURT ACTED WITHOUT OR IN EXCESS OF
FEES
JURISDICTION.
JURISDICTION
EXERCISED FROM
ORIGINAL APPELLATE
THE JUDGMENT
APPEALED FROM PARTIES LOWER COURT/JUDGE TBO HAS TO BE IMPEADED AS
SHALL NOT BE NOMINAL PARTY.
DEPOSIT FOR
NOT REQUIRED REQUIRED IMPLEADED
COSTS
PRE-CONDITION MFR NOT NECESSARY MFR NECESSARY
MOTION FOR
NOTICE OF APPEAL- NON PETITION- THE COURT
EXTENSION OF
EXTENDIBLE MAY GRANT
TIME TO FILE WHEN I5 DAYS FROM NOTICE NOT LATER THAN 60 DAYS FROM
CERTIFICATION OF JOR OR FROM THE NOTICE OF THE JOR SOUGHT TO
AGAINST FORUM NOT REQUIRED REQUIRED DENIAL OF NEW TRIAL BE ASSAILED
SHOPPING OR MFR
WHERE SC FILED W/ THE APPROPRIATE COURT
HAVING JURISDICTION OVER LOWER
COURT, TBO
PETITION FOR REVIEW APPEAL BY
(RULE 42) CERTIORARI (RULE45)

JURISDICTION APPELLATE ORIGINAL

WHERE TAKEN COURT OF APPEALS SUPREME COURT
EXERCISED
QUESTIONS OF FACTS OR STAY OF STAYS JOR THE CHALLENGED PROCEEDING NOT
PURE QUESTIONS OF
ISSUES INVOLVED MIXED QUESTIONS OF FACT EXECUTION STAYED UNLESS THE COURT ISSUES
LAW
AND LAW TRO/ INJUNCTIVE WRIT.
JUDGMENT/FINAL
STAGE OF ONLY AFTER JUDGMENT MAY BE INSTITUTED DURING
JUDMENT/FINAL ORDER BY ORDER/RESOLUTION
PROCEEDINGS PENDENCY OF THE CASE.
JUDGMENT THE RTC IN THE EXERCISE (JOR) BY A COURT
INVOLVED OF ITS APPELLATE REGARDLESS OF THE
JURISDICTION JURISDICTION
EXERCISED.