APPEALS

APPEA RULE 40 RULE 41 RULE 42 RULE 43 RULE 45

L
Covera Judgement or inal Decision of the RTC A decision of the Appeals from the Section 1. Filing of petition
ge order of the MTC rendered in the RTC rendered in judgment or inal with Supreme Cour . — A
may be taken to the exercise of its original the exercise of its orders of the CTA; party desiring to appeal by
RTC jurisdiction a p p e l l a t e certiorari rom a judgment,
jurisdiction Awards, judgments, inal order or resolution of
inal orders, or the Court of Appeals, the
resolutions of the Sandiganbayan, the Court of
any quasi-judicial Tax Appeals, the Regional
a g e n c y i n t h e Trial Court or other courts,
e x e r c i s e o f i t s whenever authorized by
q u a s i - j u d i c i a l law, may ile with the
functions (CSC, Supreme Court a veri ied
CBAA, CAB, BPTT, petition for review on
NEA, ERB, NTC, certiorari
DAR, GSIS, ESC,
AIB, IC, PAEC, BI, I n d u c t i o n , p rov i s i o n a l
CIAC, a n d remedies.
v o l u n t a r y
a r b i t r a t o r s RAISE ONLY QUESTIONS OF
authorized by law. LAW.

H o w Notice: Notice: Veri ied Petition for Review

Veri ied petition for review,
Petition for Appeal by
Made/ indicate the parties to
indicate
the the parties before
to the the CA: iled with the CA, Certiorari
with
Conten appeal, appeal, proof of service of copy
t: (1) p a y m e n t thereof
of on the adverse
(1) pay docket and other
the judgment or the inal
judgment or inal order
corresponding docket
party and on the court lawful
of feee;
order or part thereof
or part thereof appealed and other lawful fees;
the quasi-judicial agency.
(2) Deposit Php 500 for
appealed from, and from, and (2) Deposit Php 500 for costs;
costs (1) payment of docket (3)and
Proof of service on the
state the material state
dates the material (3)dates
Furnish the RTC and other lawful fees; Lower court and
showing the timeliness
showing
of the timeliness of thethe adverse party (2) Deposit
a Php500 for adverse party
the appeal. appeal. copy of the petition costs

( iled to the court which

( iled to the court which
rendered the judgment rendered the judgment
appealed from and served
appealed from and served to
to the adverse party) the adverse party)

Page 1 | DSG
f
f
f
f
f
f
f

.​

​
f​

f
f

f
t​

f
f

 APPEALS

H o w Record: Record: Veri ied Petition for State the full name State the full name of the
Made/ Review: of the parties parties;
Conten The full names of all The the full names of all State
the the full names ( w i t h o u t
t parties to the proceedings parties to the proceedings of the parties to the impleading the Indicate the material dates
shall be stated inshall thebe stated in the caption case; court / qja) showing when notice of the
caption of the record of the
on record on appea judgement or inal order
appea Indicate the Concise statement was received/ denial of MR
include the judgment speci or ic material of facts and issues or MT
include the judgment inal
or order from which dates
the showing it to be reviewed
inal order from which appeal is taken was iled on time; Set forth concisely the
the appeal is taken accompanied by a m a t t e r s i nvo lve d , t h e
Set forth a concise c l e a r l y l e g i b l e re a s o n s o r a rg u m e n t s
and, in chronological and, in chronological sorder, tatement of duplicate original relied on for allowance of
order, copies of only csuch o p i e s o f o n l y matters
s u c h involved, or a certi ied true the petition
p l e a d i n g s , p e t i t ipolnesa, d i n g s , p e t i t ithe
o n sissues
, raised, copy of the award,
m o t i o n s a n d maol tl i o n s a n d errors a l l of law or judgment, inal
interlocutory orders interlocutory
as orders as fact,are
arguments order or resolution be accompanied by a clearly
a r e r e l a t e d t o related t h e to the appealed a p p e a l e d f r o m , legible duplicate original, or
appealed judgment judgment or
or inal order be accompanied by t o g e t h e r w i t h a certi ied true copy of the
inal order clearly legible c e r t i i e d t r u e judgment or inal order or
duplicate originals c o p i e s o f s u c h resolution certi ied by the
such data as will such show data as will show or that
true copies of material portions clerk of court of the court a
t h a t t h e a p p e a l the appeal was perfected on
wa s the judgments or o f t h e r e c o r d quo and the requisite
perfected on time. time. inal orders of both referred to therein number of plain copies
lower courts, and o t h e r thereof, and such material
If an issue of fact is raised: If an issue of fact is raised: certi ied correct by supporting papers; portions of the record as
include by referenceinclude and by referencetheand clerk of court of and would support the petition
specify (which Exhibit/ specify (which Exhibit/ the which Regional Trial
which witnesses / whole witnesses / whole evidence) Court, Sworn certi ication Sworn Certi ication Against
evidence) all the evidence, all the evidence, testimonial a g a i n s t f o r u m forum shopping.
testimonial and
a n documentary,
d takenCertiuponicate of Non- shopping
documentary, taken the uponissue involved. Forum Shopping
the issue involved. State the speci ic
material dates
E f f e c t With paying of fees, With paying of fees, With paying of fees,
o f deposit, proof of deposit, proof of deposit, proof of
Non- service, contents — service, contents — service, contents —
compli shall be suf icient shall be suf icient shall be suf icient
ance ground for the ground for the ground for the
dismissal thereof dismissal thereof dismissal thereof

Page 2 | DSG
f
f
f
f
f

f
f
f

f
f

f
f
f
f
f
f
f
f

f
f

 APPEALS

Period Notice: within 15 Notice: within 15 Filed and served

within ifteen (15) shall be iled within
to ile: days after notice to days after notice to within ifteen (15)
days from notice of ifteen (15) days
the the appellant of the days from notice of
the award, from notice of the
ppellant of the judgment or inal the decision sought
judgment, inal judgment or inal
judgment or inal order appealed from to be reviewed or
order or resolution, order or resolution
order appealed of the denial of
or from the date of appealed from, or
from Record: l within petitioner's motion
its last publication, of the denial of the
thirty (30) days after for new trial or
if publication is petitioner's motion
Record: l within n o t i c e o f t h e reconsideration
required by law for for new trial or
thirty (30) days judgment or inal iled in due time
its effectivity, or of reconsideration
after notice of the order. after judgment.
the denial of the iled in due time
judgment or inal petitioner’s motion after notice of the
order. In habeas corpus ( E x t e n s i o n o f for new trial or judgment.
cases: appeal shall be additional 15 days, reconsideration
In habeas corpus t a k e n w i t h i n 4 8 u p o n p r o p e r
cases: appeal shall hours from notice of motion, payment of U p o n p r o p e r On motion duly
be taken within 48 the judgment or inal fees and despite for motion and the iled and served,
hours from notice order appealed from. costs, before the payment of the full with full payment
of the judgment or e x p i r a t i o n o f amount of the of the docket and
inal order r e g l e m e n t a r y docket fee before other lawful fees
appealed from. period / No further the expiration of and the deposit for
extension may be the reglementary costs before the
granted except for period, the Court of expiration of the
the m o s t Appeals may grant reglementary
compelling reasons a n a d d i t i o n a l period, the
and in no case shall period of ifteen Supreme Court may
exceed 15 days) (15) days only for justi iable
within which to ile reasons grant an
W h e n Notice: deemed perfected
Notice: deemed perfected Upon as the timely
Perfect as to him upon the iling
to him
of upon the iling of iling
theof a petition
ed: the notice of appeal in
notice
due of appeal in due time.
for review and the
time. p ay m e n t o f t h e
corresponding
Record: A party's appeal
Record:
by A party's appeal docketby and other
record on appeal is deemed
record on appeal is deemed
lawful fees, the
perfected as to himperfected
with as to himappeal with is deemed
respect to the subjectrespect to the subject matter
perfected as to the
matter thereof upon thereof
the upon the approvalpetitioner.
of
approval of the recordthe on
record on appeal iled in
appeal iled in due time.
due time.

—when approved (R41, —when

S7) approved (R41, S7)
upon illing and thereupon
is no illing and there is no
objection from the appellee
objection from the appellee
within 5 days from receipt
within 5 days from receipt
thereof, the court may:
thereof,
(1) the court may: (1)
Approve as presented; Approve
or as presented; or (2)
(2) direct amendment directon amendment on its own
its own motion or at motion
the or at the instance of
instance of appellee, if
appellee,
this if this the case, the
the case, the appellant
appellant
has has 10 days to
10 days to redraftredraft the the record.
record.

Page 3 | DSG
f
f
f
f
f
f
f

f
f

f
f
f
f

f
f
f
f
f
f

f
f
f
f
f
f

 APPEALS

W h e n Notice: over the Notice over the case The Regional Trial Court
d o e s case upon the upon the perfection loses jurisdiction over the
t h e perfection of the of the appeals iled in case upon the perfection
c o u r t appeals iled in due due time and the of the appeals iled in due
lose its time and the expiration of the time time and the expiration of
jurisdi expiration of the to appeal of the other the time to appeal of the
ction? time to appeal of parties. other parties.
the other parties.

Record: In appeals Record:only over the

only over the subject matter
subject matter t h e re o f u p on t h e
thereof upon the approval of the
approval of the records on appeal
records on appeal iled in due time and
iled in due time the expiration of the
and the expiration appeal of the other
of the appeal of the parties.
other parties.

P r i o r In either case, prior to

In the
either case, prior toHowever,
the before
t o transmittal of the original
transmittal of the original
the Court of
l o s i n g record or the record record
on or the record Appealson gives due
jurisdi appeal, the court mayappeal,
issue the court mayc o issue
urse to the
c t i o n orders for the protection
orders for the protectionp eandtition, the
w h a t and preservation ofpreservation
the of the rights
R e g ofional Trial
c a n rights of the parties which
the parties which do Courtnot may issue
t h e do not involve any matter
involve any matter litigated
o r dbyers for the
c o u r t litigated by the appeal,
t h e a p p e a l , a p ppr roovt e c t i o n a n d
do? a p p rove c o m p ro mcompromises,
ises, permit appeals
preservation of the
permit appeals of indigent
of indigent litigants, rights
orderof the parties
litigants, order execution
execution pending appeal w h iin ch do not
p e n d i n g a p p e aaccordance
l in with 2 of Rule
involve
39, any matter
accordance with 2 ofand Ruleallow withdrawal litigated
of the by the
39, and allow withdrawal
appeal. appeal, approve
of the appeal. compromises,
Prior to the transmittalpermit
of the appeals of
original record or the indigent
record litigants,
on appeal to the appellate
order execution
court, the trial courtpendingmay appeal in
motu propio or on motion accordance with
dismiss the appeal for section
having 2 of Rule
been taken out of time. 3 9 , a n d a l l o w
withdrawal of the

Page 4 | DSG
f
f

 APPEALS

Procee The COC of the MTC WithinShall 30 days after The CA may : The CA may: Review is DISCRETIONARY:
d i n g transmit the original perfection,
or the COC of
f r o m record of appeal, which the helower court shall: (1) require the respondent(1) require the respondent DENIAL: The Supreme
Perfect shall certify as complete.
(1) verify the to ile a comment t o, i l e a c o m m Court
e n t may on its own
ion to Furnish parties with correctness
copy of the within 10 days from within 10 days initiative
from deny the petition
Giving of letter of transmittal.original record or notice ; notice; on the ground that the
D u e record on appeal; (2) (2) Dismiss the petition (2)ifpetition
it not a motion
appeal to is without merit, or
Course The COC of the RTC,its shall
completeness; (3) is PATENTLY WITHOUT dismiss, within tenis(10)prosecuted manifestly for
notify the parties ofif the incomplete, take M E R I T, p r o s e c u t edays
d from notice, delay,or or that the questions
receipt of such record.such measures as manifestly for delayer dismiss the petition raised
if it therein are too
may be required to he questions raised inds the same to unsubstantial
be to require
Within 15 days fromc osuch m p l e te re c o rd s t h e r e i n a r e t opatently
o without merit,
consideration.
notice, appellant (shouldshall they fail, insubstantial to require prosecuted manifestly
submit a memorandum, indicate reason for consideration. for delay, or that CIRCUMSTANCES
the WHEN
(brie ly discussing errors.)
non-transmittal); (4) q u e s t i o n s r aGRANTED:
ised
FAILURE TO SUBMITtransmit ONE the records therein are too
SHALL BE A GROUNDwFOR ith proof of Contents of Comment: unsubstantial to
DISMISSAL. payment of appellate (1) state whether or not require R consideration.
court docket fees and accepts the statement (a) When the court a quo
Within 15 days from receipt
other lawful feess; of matters involved; Contents of Comment:has decided a question of
of Appellant’s Memmo, CTC of minutes of (2) Point out insuf iciencies
(1) point out insuf iciencies
substance, not theretofore
appellee may ile his memo.
proceedings, and in inaccuracies; and inaccuracies; determined by the Supreme
approval of order, (3) R e a s o n s w h y (2) t hState
e the reasonCourt why (NOVELTY), or has
Within 15 days upon cillingerti icate of petition should not be the petition should decided
be it in a way probably
of the Appellee’s Memo, correctness,
or original given due course, (Copy denied or dismissed not in accord with law or
the expiration thereof o f thecommentary served on Petitioner) ( c o p y s e r v e w d i t ho t h e a p p l i c a b l e
case shall be consideredevidence and copies petitioner, and proofdecisions
of of the Supreme
submitted for decision.of transcripts ; and Upon illing or period such of service iledCourt;
with or
(5) furnish the expiration for comments,the if court) (
parties with copies of the court inds prima facie b) When the court a quo
his letters of that the lower courtUpom has illing or expirationhas so far departed from
transmittal. committed an error of of fact
the period for the illingaccepted and usual
or law that warrant comments,
a and the CAc oind urse of judicial
reversal or modi ication, prima it facie error, proceedings,
that or so far
may accordingly warrants GIVE a reversal sanctioned
or such departure
COURSE TO THE PETITION modi ication, the CA by shall
a lower court, as to call
give due course toforthe an exercise of the power
petition, otherwise, itofshall supervision. (4a)
dismiss the same.

Page 5 | DSG
f

f
f
f
f
f
f

f
f
f
f

​
​

 APPEALS

If an appeal is taken from a **whenever Within ifteen (15) The Supreme Court
lower court dismissing the necessary, the CA days from notice m ay re q u i re o r
case without trial on the may order the RTC that the petition allow the iling of
merits (lack of subject COC to elevate the has been given due such pleadings,
matter jurisdiction), the original record of course, the Court of briefs, memoranda
RTC may: appeal including Appeals may or documents as it
the oral and require the court or may deem
AFFIRM — if it has documentary agency concerned necessary within
jurisdiction over the subject evidence within 15 to t ra n sm it t he such periods and
matter, shall try the case on days from notice. original or a legible under such
the merits as if the case was certi ied true copy conditions as it
one originally iled with it . When given due of the entire record may consider
course, the court of the proceeding appropriate, and
REVERSAL - remanded for may set the case for under review. The impose the
further proceedings. oral arguments or record to be corresponding
require the parties transmitted may be sanctions in case of
If the case was tried on the to submit a abridged by non- iling or
merits by the lower court memoranda within unauthorized iling
without jurisdiction over 15 days from of such pleadings
the subject matter, the notice. When given due and documents or
Regional Trial Court on course, the court non-compliance
appeal shall not dismiss Deemed submitted may set the case for with the conditions
the case if it has original for decision upon oral arguments or therefor.
jurisdiction thereof, but illing of the last require the parties
shall decide the case in pleading or to submit a If the petition is
a c c o r d a n c e w i t h t h e memorandum. memoranda within given due course,
preceding section 15 days from the Supreme Court
notice. may require the
E f f e c t E xc e p t i n c iv i l cThe
a s e s appeal shall
o f decided under the Rule noton stay the award,
i l i n g Summary Procedure, j u the
dgment, inal
a n appeal shall stay order the or resolution
Appeal judgment or inal order sought to be
unless the Court of Appeals,reviewed unless
the law, or these Rulest shallhe Court of
provide otherwise. (a)Appeals shall direct
otherwise upon
such terms as it
Ordinary Appealed Cases (Rule 41)

**Within 45 days from reciept of notice from COC that all evidence are attached to the record, the appellant must ile his
brief, within 45 days from receipt thereof, the appellee must ile his appellee’s brief. Within 20 days therefrom the
appellant may ile a reply. Extension of time for the iling of briefs will not be allowed, except for good and suf icient cause,
and only if the motion for extension is iled before the expiration of the time sought to be extended. (15, R46)

Section 10. Time of iling memoranda in special cases — In certiorari prohibition, mandamus, quo warranto and habeas
corpus cases, the parties shall ile in lieu of briefs, their respective memoranda within a non-extendible period of thirty
(30) days from receipt of the notice issued by the clerk that all the evidence, oral and documentary, is already attached to
the record. (13a, R46) The failure of the appellant to ile his memorandum within the period therefor may be a ground for
dismissal of the appeal. (n)

Contents of Appellant’s Brief:

(b) An assignment of errors intended to be urged, which errors shall be separately, distinctly and concisely stated without
repetition and numbered consecutively;

Page 6 | DSG
f
f
f
f

​
f

f
f
f
f
f

f
f

f
f
.​
​
f
,​
​

f
f
 APPEALS

(c) Under the heading "Statement of the Case," a clear and concise statement of the nature of the action, a summary of the
proceedings, the appealed rulings and orders of the court, the nature of the judgment and any other matters necessary to
an understanding of the nature of the controversy with page references to the record;
(d) Under the heading "Statement of Facts," a clear and concise statement in a narrative form of the facts admitted by both
parties and of those in controversy, together with the substance of the proof relating thereto in suf icient detail to make it
clearly intelligible, with page references to the record;
(e) A clear and concise statement of the issues of fact or law to be submitted, to the court for its judgment;
(f) Under the heading "Argument," the appellant's arguments on each assignment of error with page references to the
record. The authorities relied upon shall be cited by the page of the report at which the case begins and the page of the
report on which the citation is found;
(g) Under the heading "Relief," a speci ication of the order or judgment which the appellant seeks; and
(h) In cases not brought up by record on appeal, the appellant's brief shall contain, as an appendix, a copy of the judgment
or inal order appealed from. (16a, R46)

Contents of Appellee’s Brief:

(a) A subject index of the matter in the brief with a digest of the arguments and page references, and a table of cases
alphabetically arranged, textbooks and statutes cited with references to the pages where they are cited;
(b) Under the heading "Statement of Facts," the appellee shall state that he accepts the statement of facts in the appellant's
brief, or under the heading "Counter-Statement of Facts," he shall point out such insuf iciencies or inaccuracies as he
believes exist in the appellant's statement of facts with references to the pages of the record in support thereof, but
without repetition of matters in the appellant's statement of facts; and
(c) Under the heading "Argument," the appellee shall set forth his arguments in the case on each assignment of error with
page references to the record. The authorities relied on shall be cited by the page of the report at which the case begins
and the page of the report on which the citation is found. (17a, R46)
Section 15. Questions that may be raised on appea . — Whether or not the appellant has iled a motion for new trial in the
court below he may include in his assignment of errors any question of law or fact that has been raised in the court below
and which is within the issues framed by the parties. (18, R46)

Page 7 | DSG
f
​

l​

f
f
f