RULES 40-43 RRCP

APPEALS

RULE RULES NOTES

Rule 40
Appeal from WHERE: MTC (court of origin) to RTC exercising
Municipal Trial jurisdiction over the area to which the former
Courts (MTCs) to pertains.
Regional Trial -Same title
Courts (RTCs) - party appealing becomes the appellant and the
adverse party the appellee (Sec 1)

WHEN: within 15 days after notice to the appellant of The period of appeal shall be
the judgment or final order appealed from interrupted by a timely motion for
new trial or reconsideration.
Where a record on appeal is required: appellant shall
file a notice of appeal and a record on appeal within
The other No motion for extension of time to
30 days after notice of judgment or final order. (Sec
provisions of file a motion for extension of time
2)
Rule 41 shall to file a motion for new trial or
apply to appeals reconsideration shall be allowed.
provided herein (Sec 2)
insofar as they HOW:
are not a. Filing for a notice of appeal with the court of origin A record on appeal shall be
inconsistent with (shall indicate the parties to the appeal, judgment or required only in special
or may serve to final order or part thereof appealed from and the proceedings and in other cases of
supplement the material dates showing the timelines of the appeal) multiple or separate appeals.
provisions of this
Rule. b. Copies of the notice of appeal and record on Form and contents of record on
(Sec 9) appeal (if required) shall be served on the adverse appeal- Sec 5, Rule 41
party. (Sec 3) -shall indicate the parties to the
appeal, judgment or final order or
part thereof appealed from and the
material dates showing the
timelines of the appeal

Perfection of appeal
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. (Sec 9, Rule 41)

Duty of the Clerk of Court:

-Within 15 days from the perfection of the appeal,

shall transmit the original record or the record on
appeal, together with the transcripts and exhibits to
the proper RTC.
A copy of his letter of transmittal of the records to
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the appellate court shall be furnished the parties

(Sec 6)

PROCEDURE IN THE RTC:

a. Upon receipt of the complete record or the
record on appeal, the clerk of court of the RTC shall
notify the parties

b. Within fifteen (15) days from such notice

appellant to submit a memorandum which shall
briefly discuss the errors imputed to the lower court
( 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.

c. Upon the filing of the memorandum of the Failure of the appellant to file a
appellee or expiration of the period, the case shall memorandum shall be a ground for
be considered submitted for decision. RTC shall dismissal of the appeal. (Sec 7)
decide the case on the basis of the entire record of
the proceedings had in the court of origin and such
memoranda as are filed. (Sec 7)

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 RTC may affirm or reverse it.

In case of affirmance and the ground of dismissal is

lack of jurisdiction over the subject matter: If RTC has
jurisdiction shall try the case on the merits as if the
case was originally filed with it.

In case of reversal: the case will be remanded for

further proceedings

If the case was tried on the merits by the lower court * without prejudice to the
without jurisdiction over the subject matter: admission of amended pleadings
the Regional Trial Court on appeal shall not dismiss and additional evidence in the
the case if it has original jurisdiction thereof; shall interest of justice
decide the case in accordance with Sec 7
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Rule 41 SECTION 1:

Appeal from the SUBJECT OF APPEAL:

RTC 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 In instances where the judgment or
final order is not appealable, the
(b) An order denying a petition for relief or any aggrieved party may file an
similar motion seeking relief from judgment; appropriate special civil action
under Rule 65.
(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-party
complaints, while the main case is pending, unless
the court allows an appeal therefrom; and

(h) An order dismissing an action without prejudice;

SECTION 2:

MODES OF APPEAL:
No record on appeal shall be
1. Ordinary Appeal
required except in special
The appeal to the Court of Appeals in cases
proceedings and other cases of
decided by the Regional Trial Court in the
multiple or separate appeals where
exercise of its original jurisdiction shall be taken:
the law or these Rules so require.
In such cases, the record on appeal
a. filing a notice of appeal with the court which
shall be filed and served in like
rendered the judgment or final order appealed
manner.
from
b. serving a copy thereof upon the adverse
party.
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2. Petition for Review

The appeal to the Court of Appeals in cases
decided by the Regional Trial Court in the
exercise of its appellate jurisdiction shall be by
petition for review in accordance with Rule 42.

3. Appeal by Certiorari

In all cases where only questions of law are Questions of law:

raised or involved, the appeal shall be to the -arises when there is doubt as to
Supreme Court by petition for review on what the law is on a certain state of
certiorari in accordance with Rule 45. facts
- if the appellate court can
determine the issue raised without
reviewing or evaluating the
evidence

PERIOD OF ORDINARY APPEAL; HABEAS CORPUS

CASES (SEC 3) The period of appeal shall be
interrupted by a timely motion for
ORDINARY APPEAL new trial or reconsideration. No
The appeal shall be taken within fifteen (15) days motion for extension of time to file
from notice of the judgment or final order appealed a motion for new trial or
from. reconsideration shall be allowed
A.M. No. 01-1-03-SC, June 19,
if a record on appeal is required, the appellant shall 2001
file a notice of appeal and a record on appeal within
thirty (30) days from notice of the judgment or final
order.

HABEAS CORPUS CASES:

taken within forty-eight (48) hours from notice of
the judgment or final order appealed from.

RECORD ON APPEAL; FORM AND CONTENTS Every record on appeal exceeding

THEREOF (Sec 6) twenty (20) pages must contain a
subject index
a. The full names of all the parties to the
proceedings- the caption of the record on
appeal

b. judgment or final order from which the appeal is

taken

c. in chronological order, copies of only such

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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.

d. 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 the documentary

evidence in the case is to be included, a statement
to the effect will be sufficient without mentioning
the names of the witnesses or the numbers or
letters of exhibits.

APPROVAL OF RECORD ON APPEAL JOINT RECORD ON APPEAL (Sec 8)

Where both parties are appellants,

Upon the filing of the record on appeal for approval
they may file a joint record on
and if no objection is filed by the appellee within five
appeal within the time fixed by
(5) days from receipt of a copy thereof the trial
section 3 of this Rule, or that fixed
court may approve it as presented or upon its own
by the court.
motion or at the instance of the appellee, may direct
its amendment by the inclusion of any omitted
A party’s appeal by record on
matters which are deemed essential to the
appeal is deemed perfected as to
determination of the issue of law or fact involved in
him with respect to the subject
the appeal.
matter thereof upon the approval
of the record on appeal filed in due
If the trial court orders the amendment of the
time. (Sec 9)
record, the appellant, within the time limited in the
order, or such extension thereof as may be granted,
or if no time is fixed by the order within ten (10)
days from receipt thereof, shall redraft the record
by including therein, in their proper chronological
sequence, such additional matters as the court may
have directed him to incorporate, and shall
thereupon submit the redrafted record for approval,
upon notice to the appellee, in like manner as the
original draft. (Sec 7)
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EFFECT OF PERFECTION OF APPEAL (SEC 9) In either case, prior to the

transmittal of the original record or
In appeals by notice of appeal, the court loses the record on appeal, the court
jurisdiction over the case upon the perfection of the may issue orders for the perfection
appeals filed in due time and the expiration of the and preservation of the rights of
time to appeal of the other parties. the parties which do not involve
any matter litigated by the appeal,
In appeals by record on appeal, the court loses
approve compromises, permit
jurisdiction only over the subject matter thereof
appeals of indigent litigants, order
upon the approval of the records on appeal filed in
execution pending appeal in
due time and the expiration of the time to appeal of
accordance with section 2 of Rule
the other parties.
39, and allow withdrawal of the
appeal.

DUTY OF CLERK OF COURT OF THE LOWER COURT If the efforts to complete the
UPON PERFECTION OF APPEAL. (SEC 10) records fail, he shall indicate in his
Within (30) days after perfection of all the appeals in letter of transmittal the exhibits or
accordance with preceding section transcripts not included in the
records being transmitted to the
a) To verify the correctness of the original record or appellate court, the reasons for
the record on appeal, as the case may be, and to their non-transmittal, and the steps
make a certification of its correctness; taken or that could be taken to
have them available.
(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 shall furnish the parties with copies
of the authority that he or the court may exercise of his letter of transmittal of the
for his purpose; and records to the appellate court
(d) To transmit the records to the appellate court.

DISMISSAL OF APPEAL

Prior to the transmittal of the original record or the

record on appeal to the appellate court, the trial
court may, motu proprio or on motion, dismiss the
appeal for having been taken out of time or non-
payment of the docket and other lawful fees within
the reglementary period. (As amended by SUPREME
COURT CIRCULAR NO. 48-00, August 29, 2000, [A.M.
No. 00-2-10-SC. Re: Amendments To Section 4, Rule
7 And Section 13, Rule 41 Of The 1997 Rules Of Civil
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Procedure]).