SEPTEMBER 19, 2023

CIVIL PROCEDURE 2

RULE 41: APPEAL FROM THE RTCs Perfection: Approval upon filing
 SECTION 5: Notice of Appeal in due time
 Specify the:  Loss of Jurisdiction: Court loses
 Judgment or final order; jurisdiction over the subject
 Court the appeal is taken; and matter upon the approval filed
 Material dates (timeliness of in due time and expiration of
appeal). time to appeal of the other
 Notice of substitution upon death of parties
client during the pendency of the case  GENERAL RULE
 Upon knowledge of the death of  Matters may be settled by RTC
the client, inform the court prior to the transmittal of
 Failure may cause the original record or record on
dismissal of the case appeal, (not subject to appeal)
 Cross-reference to Sec 2 Rule
 SECTION 6: Record on Appeal (Form and 29
Contents)  Withdrawal of appeal may be
 What is a record on appeal? allowed
 Reproduction of documents,
materials, etc presented during  SECTION 10: Duty of Clerk of Court of
the trial and transcript of the the lower court upon perfection of
trials appeal
 The gist of what happened  RULES: Within 30 days after
 Attach all necessary for the appellate perfection of all appeals:
court to understand the issues  Verify correctness;
involved  Verify completeness;
 Why is it necessary?  If incomplete, take measures to
 Not able to get all of the complete the records; and
records while the case is still  Transmit records.
pending.  Upon failure to complete:
 If 1 appeal, only notice of appeal is  Indicate exhibits or transcripts
required. If multiple appeal, record on not included;
appeal is attached with the notice of  Reason as to non-transmittal;
appeal and
 Effect of failure to file notice of appeal  Steps could be taken to have
but record on appeal was filed: them available.
 Those stated in notice of
appeal may appear on record  SECTION 11: Transcript
on appeal  “For stenographers”
 Not a ground for motion to
dismiss, and the court will give  SECTION 12: Transmittal
due course to the appeal  “No further comments si atty”

 SECTION 7: Approval of Record on  SECTION 13: Dismissal of Appeal

Appeal  RULE:
 RULES:  Prior to transmittal, the trial
 Notice of appeal – approval is court may dismiss motu propio
not required; or on motion, dismiss the
 Record on Appeal – if required, appeal for:
approval is required from the  Taken out of time or non-
Court of Appeals. May be payment of docket and other
denied for failure to attach all lawful fees within the
material documents. reglementary period.
 Can appeal be dismissed for being
 SECTION 8: Joint Record on Appeal dilatory by the RTC?
 Allowed by court  No. Only grounds of taken out
of time and non-payment of
 SECTION 9: Perfection of Appeal; Effects docket and other lawful fees.
thereof:
 RULES FOR NOTICE OF APPEAL
 Perfection: Filing in due time RULE 42: PETITION FOR REVIEW FROM THE
 Loss of Jurisdiction: Court loses RTC TO THE COURT OF APPEALS
jurisdiction over the case after
perfection and expiration of  SECTION 1: How appeal taken; time for
time to appeal of the other filing:
parties  Filed within 15 days from notice of the
 RULES FOR RECORD ON APPEAL decision
  Upon proper motion and payment of  SECTION 6: Due Course:
full amount of docket and other lawful  If a CA finds prima facie that the lower
fees, the CA may grant additional 15 court has committed an error of fact or
days. law, warranting a reversal or
 No further extension, except for most modification of the appealed decision.
compelling reason but must not
exceed 15 days.  SECTION 7: Elevation of Record:
 CA may order Clerk of Court of RTC to
 SECTION 2: Form and contents: elevate original record of case within
 Contents: 15 days from notice.
 Full names of the parties
without impleading the lower  SECTION 8: Perfection of Appeal; Effect
courts or judges; thereof:
 Indicate specific material dates  Timely filing and payment of docket
filed on time; and lawful fees:
 Statement of Matters- issues,  Deemed perfected as to the
specification of erros; and petitioner;
 Duplicates and original copies  RTC loses jurisdiction over the
of judgments or final orders of case upon filing in due time and
both lower courts, certified by expiration of time to appeal
Clerk of Court of RTC
 Seven (7) legible copies, original copy  SECTION 9: Submission for Decision:
intended for the court
 Certification Against Forum Shopping:
Also submit a certification under oath
that he has not commenced any other
action involving the same issues in:
 Supreme Court;
 Court of Appeals or different
divisions thereof;
 Any other agency or tribunal.
 If there are other action or proceeding,
state the status
 If he learns a similar action or
proceeding, undertakes to promptly
inform the aforesaid courts and other
tribunal or agency within five (5) days.

 SECTION 3: Effect of failure to comply

with requirements:
 Ground for dismissal: (Non-compliance
of)
 Non-payment of docket and
other lawful fees;
 Deposit for costs;
 Proof of service of the petition;
and
 Contents and document
accompanying petition

 SECTION 4: Action on the Petition:

 Respondent file a comment within 10
days from notice; or
 Dismiss the petition:
 Patently without merit;
 Prosecuted manifestly for
delay(dilatory); or
 Questions unsubstantial to
require consideration.

 SECTION 5: Contents of Comment:

 Seven (7) legible copies and state:
 He/she accepts the statement
of matters;
 Point out insufficiencies or
inaccuracies; and
 Reason why petition should not
be given due course.
 Copy should be served to the
petitioner.