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RULE 41 - APPEAL FROM THE REGIONAL TRIAL COURTS TO THE COURT OF APPEALS.
Subject of appeal.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.
Modes of appeal.
(a) Ordinary appeal.The appeal to the Court of Appeals in cases decided by the
Regional Trial Court in the exercise of its original jurisdiction shall be taken by filing a notice
of appeal with the court which rendered the judgment or final order appealed from and
serving a copy thereof upon the adverse party. No record on appeal shall be required except
in special proceedings and other cases of multiple or separate appeals where the law or
these Rules so require. In such cases, the record -on appeal shall be filed and served in like
manner.
(b) 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.
(c) Appeal by certiorari.In all cases where only questions of law are raised or
involved, the appeal shall be to the Supreme Court by petition for review on certiorari in
accordance with Rule 45. (n)
Joint record on appeal.Where both parties are appellants, they may file a joint record on
appeal within the time fixed by section 3 of this Rule, or that fixed by the court.
RULE 42 - PETITION FOR REVIEW FROM THE REGIONAL TRIAL COURTS TO THE COURT OF
APPEALS
Action on the petition.The Court of Appeals may require the respondent to file a
comment on the petition, not a motion to dismiss, within ten (10) days from notice, or
dismiss the petition if it finds the same to be patently without merit, prosecuted manifestly
for delay, or that the questions raised therein are too unsubstantial to require
consideration. (n)
Elevation of record.Whenever the Court of Appeals deems it necessary, it may order the
clerk of court of the Regional Trial Court to elevate the original record of the case including
the oral and documentary evidence within fifteen (15) days from notice.(n)
RULE 43 - APPEALS FROM THE COURT OF TAX APPEALS AND QUASI-JUDICIAL AGENCIES TO
THE COURT OF APPEALS
Cases not covered. Rule 43 does not apply to judgments or final orders issued under the
Labor Code of the Philippines i.e., Labor Arbiter, NLRC En Banc/Division.
Due course.If the Court of Appeals finds prima facie that the court or agency concerned
has committed errors of fact or law that would warrant reversal or modification of the
award, judgment, final order or resolution sought to be reviewed, it may give due course to
the petition; otherwise, it shall dismiss the same.
Factual Findings. - The findings of fact of the court or agency concerned, when supported by
substantial evidence, shall be binding on the Court of Appeals.
Effect of appealThe appeal shall not stay the award, judgment, final order of resolution
sought to be reviewed unless the Court of Appeals shall direct otherwise upon such terms as
it may deem just.
Submission for decision.If the petition is given due course, the Court of Appeals may set
the case for oral argument or require the parties to submit memoranda within a period of
fifteen (15) days from notice.
Appellants brief. Forty-five (45) days to file from receipt of notice from CA. Seven (7)
copies. With proof of service of two (2) copies thereof upon the appellee.
Appellees briefForty-five (45) days from receipt of the appellants brief. Seven (7) copies.
With proof of service of two (2) copies thereof upon the appellant.
Appellants reply brief.Twenty (20) days from receipt of the appellees brief. Answer
points in the appellees brief not covered in his main brief of appellant.
Failure of the appellant to file his memorandum within the period therefor may be a ground
for dismissal of the appeal.
Extension of time for filing briefs.Extension of time for the filing of briefs will not be
allowed, except for good and sufficient cause, and only if the motion for extension is filed
before the expiration of the time sought to be extended.
(g) Relief - a specification of the order or judgment which the appellant seeks; and
(h) Appellants brief shall contain, as an appendix, a copy of the judgment or final
order appealed from.
Questions that may be raised on appeal.- Appellant 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.
Note - He cannot raise a new issue for the first time on appeal.
Verified petition with Supreme Court. Appeal by certiorari from a judgment or final order
or resolution of
1. Court of Appeals,
2. the Sandiganbayan,
3. Regional Trial Court
4. or other courts whenever authorized by law
On motion duly filed and served, with full payment of the docket and other lawful fees and
the deposit for costs before the expiration of the reglementary period, the Supreme Court
may for justifiable reasons grant an extension of thirty (30) days only within which to file the
petition.
Contents of petitionEighteen (18) copies. Original copy intended for the court being
indicated as such by the petitioner.
1. Full name of the appealing party as the petitioner and the adverse party as
respondent, without impleading the lower courts or judges thereof either as petitioners or
respondents;
2. Material dates showing when notice of the judgment or final order or resolution subject
thereof was received, when a motion for new trial or reconsideration, if any, was filed and
when notice of the denial thereof was received;
3. Statement of the matters involved,
4. Reasons or Arguments relied on for the allowance of the petition;
5. Accompanied by:
>a clearly legible duplicate original, or a certified true copy of the judgment or final order or
resolution certified by the clerk of court of the court a quo and the requisite number of plain
copies thereof,
> and such material portions of the record as would support the petition;
> payment of the docket and other lawful fees, deposit for costs,
> proof of service of the petition,
> the contents of petition
> the documents which should accompany the petition
> The Supreme Court may on its own initiative deny the petition on the ground that
Review discretionary under Rule 45.A review is not a matter of right, but of sound judicial
discretion, and will be granted only when there are special and important reasons therefor.
When allowed:
(a) When the court a quo has decided a question of substance, not theretofore
determined by the Supreme Court, or has decided it in a way probably not in accord with
law or with the applicable decisions of the Supreme Court; or
(b) When the court a quo has so far departed from the accepted and usual course of
judicial proceedings, or so far sanctioned such departure by a lower court, as to call for an
exercise of the power of supervision.
1. Supreme Court may require or allow the filing of such pleadings, briefs, memoranda or
documents as it may deem necessary within such periods and under such conditions as it
may consider appropriate.
2. It may impose the corresponding sanctions in case of non-filing or unauthorized filing of
such pleadings and documents or non-compliance with the conditions thereof.
Due course; elevation of records.If the petition is given due course, the Supreme Court
may require the elevation of the complete record of the case or specified parts thereof
within fifteen (15) days from notice.
To what actions applicable.This Rule shall apply to original actions for certiorari,
prohibition, mandamus and quo warranto.
1. Full names and actual addresses of all the petitioners and respondents,
2. Concise statement of the matters involved,
3. Factual background of the case,
4. Grounds relied upon for the relief prayed for.
5. In actions filed under Rule 65:
>material dates showing when notice of the judgment or final order or resolution subject
thereof was received, when a motion for new trial or reconsideration, if any, was filed and
when notice of the denial thereof was received.
10. Verification
11. AFS Certif.
12. Pay the corresponding docket and other lawful fees to the clerk of court and deposit the
amount of P500.00 for costs at the time of the filing of the petition.
Dismissal by minute resolution. - The failure of the petitioner to comply with any of the
foregoing requirements shall be sufficient ground for the dismissal of the petition.
Effect of failure to file comment.When no comment is filed by any of the respondents, the
case may be decided on the basis of the record, without prejudice to any disciplinary action
which the court may take against the disobedient party.
Grounds for dismissal of appealAn appeal may be dismissed by the Court of Appeals, on
its own motion or on that of the appellee, on the following grounds:
(a) Failure of the record on appeal to show on its face that the appeal was taken
within the period fixed by these Rules;
(b) Failure to file the notice of appeal or the record on appeal within the period
prescribed by these Rules;
(c) Failure of the appellant to pay the docket and other lawful fees as provided in
section 4 of Rule 41;
(d) Unauthorized alterations, omissions or additions in the approved record on appeal
as provided in section 4 of Rule 44;
(e) Failure of the appellant to serve and file the required number of copies of his brief
or memorandum within the time provided by these Rules;
(f) Absence of specific assignment of errors in the appellants brief, or of page
references to the record as required in section 13, paragraphs (a), (c), (d) and (f) of Rule 44;
(g) Failure of the appellant to take the necessary steps for the correction or
completion of the record within the time limited by the court in its order;
(h) Failure of the appellant to appear at the preliminary conference under Rule 48 or
to comply with orders, circulars, or directives of the court without justifiable cause; and
(i) The fact that order or judgment appealed from is not appealable.
1. An appeal under Rule 41 taken from the Regional Trial Court to the Court of Appeals
raising only questions of law shall be dismissed, issues purely of law not being reviewable by
said court.
Use Rule 45 petition for review on certiorari directly to the SC. pure questions of law.
2. An appeal by notice of appeal instead of by petition for review from the appellate
judgment of a Regional Trial Court shall be dismissed.
3. An appeal erroneously taken to the Court of Appeals shall not be transferred to the
appropriate court but shall be dismissed outright.
A. Original Cases
B. Appealed Cases
Mode of appealAn appeal to the Supreme Court may be taken only by a petition for
review on certiorari,
>except in criminal cases where the penalty imposed is
1. death automatic review,
2. reclusion perpetua or life imprisonment notice of appeal to the CA (not SC, PP v.
Mateo).
Grounds for dismissal of appeal.The appeal may be dismissed motu proprio or on motion
of the respondent:
1. Except as provided in section 3, Rule 122 regarding appeals in criminal cases where the
penalty imposed is death, reclusion perpetua or life imprisonment, an appeal taken to the
Supreme Court by notice of appeal shall be dismissed.
2. An appeal by certiorari taken to the Supreme Court from the Regional Trial Court
submitting issues of fact may be referred to the Court of Appeals for decision or appropriate
action. The determination of the Supreme Court on whether or not issues of fact are
involved shall be final.
Note - Majority vote of SC Division/En Banc needed to reverse decisions and rulings of lower
courts.