PRACTICE COURT GEROME M. TRIESTE,JR.

LLBIV APPEAL
The right to appeal is not part of due process but a mere statutory privilege that has to be exercised only in the manner and in accordance with law .(Stolt-Nielsen vs NLRC, G.R. No.147623; Cu-Unjieng vs CA, 479 SCRA 594).

What issues may be raised on appeal. CIVIL CASES Whether or not the appellant has filed 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. (Sec . 15, Rule 44) Defenses not pleaded in the answer may not be raised for the first time on appeal. Based on tenets of fair play. (CIR vs Migrant Pagbilao Co.) Exceptions: (a) It is an error that affects the jurisdiction over the subject matter; (b) It is an error that affects the validity of the judgment appealed from; (c) It is an error that affects the proceedings; (d) It is an error closely related to or dependent on assigned error and properly argued in the brief. (Heirs of Doronio vs Heirs of Fortunato) (e) It is a plain and clerical error. ( Sec. 8, Rule 51) (f) It is necessary in arriving at a just decision of the case.( Dumo vs Espinas; Comilang vs Burcena ; Boston Bank of the Phil. Vs Manalo) (9) To determine whether or not there is sufficient justification for the award of damages. ( Spouses Romulo vs Spouses Layug)

CRIMINAL CASES An appeal in a criminal case opens the entire case for review. The courts can correct errors assigned in the appeal. (People vs De la Torre)

I. Appeal From Municipal Trial Courts to the Regional Trial Courts WHERE TO APPEAL ( judgments of the MTC) An appeal from a judgment or final order of a Municipal Trial Court may be taken to the Regional Trial Court exercising jurisdiction over the area to which the former pertains. The title of the case shall remain as it was in the court of origin, but the party appealing the case shall be further referred to as the appellant and the adverse party as the appellee. (Sec. 1, Rule 40) WHEN TO APPEAL An appeal may be taken within fifteen (15) days after notice to the appellant of the judgment or final order appealed from. (Sec. 2 , Rule 40) Where a record on appeal is required, the appellant shall file a notice of appeal and a record on appeal within thirty (30) days after notice of the judgment or final order. The period of appeal shall be interrupted by a timely motion for new trial or reconsideration. No motion for extension of time to file a motion for new trial or reconsideration shall be allowed. (Sec. 2 , Rule 40) A record on appeal shall be required only in special proceedings and in other cases of multiple or separate appeals.(Sec.3, Rule 40) HOW TO APPEAL The appeal is taken by filing a notice of appeal with the court that rendered the judgment or final order appealed from. Serving a copy of the notice to the adverse party.( Sec . 3 Rule 40 ) Within the period for taking an appeal, the appellant shall pay to the clerk of the court which rendered the judgment or final order appealed from the full amount of the appellate court docket and other lawful fees. Proof of payment thereof shall be transmitted to the appellate court together with the original record or the record on appeal, as the case may be. ( Sec . 5 Rule 40) Within fifteen (15) days from the perfection of the appeal, the clerk of court or the branch clerk of court of the lower court shall transmit the original record or the record on appeal, together with the transcripts and exhibits, which he shall certify as complete, to the proper Regional Trial Court. A copy of his letter of transmittal of the records to the appellate court shall be furnished the parties. ( Sec. 6 Rule 40 ) 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.

A party's appeal by record on appeal is deemed perfected as to him with respect to the subject matter thereof upon the approval of the record on appeal filed in due time. ( Sec. 4 Rule 40 in relation to Sec. 9 Rule 41) The notice of appeal does not require the approval of the court. The function of the notice of appeal is merely to notify the trial court that the appellant was availing of the right to appeal, and not to seek the courts permission that he be allowed to pose an appeal. ( Crisologo vs Daray )

II. Appeal From The Regional Trial Courts WHERE TO APPEAL ( judgments of the RTC) There are 3 modes of appeal from the decision of the RTC, namely; (a) ORDINARY APPEAL, where judgement was rendered by the court in the exercise of its original jurisdiction, governed by Rule 41 and is taken to the CA. (b) PETITION FOR REVIEW, where judgement was rendered by the court in the exercise of its appellate jurisdiction, covered by Rule 42 and brought to the CA. (c) PETITION FOR REVIEW ON CERTIORARI or APPEAL BY CERTIORARI TO THE SC. This mode is brought to the SC from the decision of the RTC in the exercise of its original jurisdiction and only on question of law. (Sec. 2 Rule 41)

II-A. ORDINARY APPEAL Where judgement was rendered by the court in the exercise of its original jurisdiction, governed by Rule 41 and is taken to the CA. WHEN TO APPEAL The appeal shall be taken within fifteen (15) days from notice of the judgment or final order appealed from. Where a record on appeal is required, the appellant shall file a notice of appeal and a record on appeal within thirty (30) days from notice of the judgment or final order.( Sec. 3 Rule 41)

HOW TO 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 law on these Rules so require. In such cases, the record on appeal shall be filed and served in like manner. (Sec. 2a Rule 41) Within the period for taking an appeal, the appellant shall pay to the clerk of the court which rendered the judgment or final order appealed from, the full amount of the appellate court docket and other lawful fees. Proof of payment of said fees shall be transmitted to the appellate court together with the original record or the record on appeal. ( Sec. 4 Rule 41) PERFECTION 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. A party's appeal by record on appeal is deemed perfected as to him with respect to the subject matter thereof upon the approval of the record on appeal filed in due time. ( Sec . 9 Rule 41) QUESTIONS THAT MAY BE RAISED Whether or not the appellant has filed 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. ( Sec. 15 Rule 44)

II-B. PETITION FOR REVIEW From the Regional Trial Courts to the Court of Appeals where judgement was rendered by the court in the exercise of its appellate jurisdiction, covered by Rule 42 . WHEN TO APPEAL The petition shall be filed and served within fifteen (15) days from notice of the decision sought to be reviewed or of the denial of petitioner's motion for new trial or reconsideration filed in due time after judgment. Upon proper motion and the payment of the full amount of the docket and other lawful fees and the deposit for costs before the expiration of the reglementary period, the Court of Appeals may grant an additional period of fifteen (15) days only within which to file the petition

for review. No further extension shall be granted except for the most compelling reason and in no case to exceed fifteen (15) days. ( Sec. 1 Rule 42) HOW TO APPEAL A party desiring to appeal from a decision of the Regional Trial Court rendered in the exercise of its appellate jurisdiction may file a verified petition for review with the Court of Appeals, paying at the same time to the clerk of said court the corresponding docket and other lawful fees, depositing the amount of P500.00 for costs, and furnishing the Regional Trial Court and the adverse party with a copy of the petition. ( Sec. 1 Rule 42) PERFECTED Upon the timely filing of a petition for review and the payment of the corresponding docket and other lawful fees, the appeal is deemed perfected as to the petitioner. ( Sec. 8 Rule 42)

III. PETITION FOR REVIEW ON CERTIORARI or APPEAL BY CERTIORARI TO THE SC. WHERE TO APPEAL ( judgments of CA, SANDIGANBAYAN, RTC, others) A party desiring to appeal by certiorari from a judgment or final order or resolution of the Court of Appeals, the Sandiganbayan, the Regional Trial Court or other courts whenever authorized by law, may file with the Supreme Court a verified petition for review on certiorari. The petition shall raise only questions of law which must be distinctly set forth. ( Sec. 1 Rule 45) WHEN TO APPEAL The petition shall be filed within fifteen (15) days from notice of the judgment or final order or resolution appealed from, or of the denial of the petitioner's motion for new trial or reconsideration filed in due time after notice of the judgment. 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. ( Sec. 2 Rule 45) HOW TO APPEAL The petitioner shall pay the corresponding docket and other lawful fees to the clerk of court of the Supreme Court and deposit the amount of P3000.00 for costs at the time of the filing of the petition. Proof of service of a copy, thereof on the lower court concerned and on the adverse party shall be submitted together with the petition. ( Sec. 3 Rule 45 )

The petition shall be filed in eighteen (18) copies, with the original copy intended for the court being indicated as such by the petitioner and shall (a) state the 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; (b) indicate the 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; (c) set forth concisely a statement of the matters involved, and the reasons or arguments relied on for the allowance of the petition; (d) be 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; and (e) contain a sworn certification against forum shopping as provided in the last paragraph of section 2, Rule 42. (Sec. 4 Rule 45)

IV. APPEAL FROM QUASI- JUDICIAL BODIES WHERE TO APPEAL (judgments from quasi-judicial bodies) Appeals from judgments or final orders of the Court of Tax Appeals and from awards, judgments, final orders or resolutions of or authorized by any quasi-judicial agency in the exercise of its quasi-judicial functions. Among these agencies are the Civil Service Commission, Central Board of Assessment Appeals, Securities and Exchange Commission, Office of the President, Land Registration Authority, Social Security Commission, Civil Aeronautics Board, Bureau of Patents, Trademarks and Technology Transfer, National Electrification Administration, Energy Regulatory Board, National Telecommunications Commission, Department of Agrarian Reform under Republic Act No. 6657, Government Service Insurance System, Employees Compensation Commission, Agricultural Invention Board, Insurance Commission, Philippine Atomic Energy Commission, Board of Investments, Construction Industry Arbitration Commission, and voluntary arbitrators authorized by law. (Sec. 1 Rule 43) An appeal under this Rule may be taken to the Court of Appeals within the period and in the manner herein provided, whether the appeal involves questions of fact, of law, or mixed questions of fact and law. ( Sec. 3 Rule 43 ) WHEN TO APPEAL

The appeal shall be taken within fifteen (15) days from notice of the award, judgment, final order or resolution, or from the date of its last publication, if publication is required by law for its effectivity, or of the denial of petitioner's motion for new trial or reconsideration duly filed in accordance with the governing law of the court or agency a quo. Only one (1) motion for reconsideration shall be allowed. Upon proper motion and the payment of the full amount of the docket fee before the expiration of the reglementary period, the Court of Appeals may grant an additional period of fifteen (15) days only within which to file the petition for review. No further extension shall be granted except for the most compelling reason and in no case to exceed fifteen (15) days. ( Sec. 4 Rule 43 ) HOW TO APPEAL Appeal shall be taken by filing a verified petition for review in seven (7) legible copies with the Court of Appeals, with proof of service of a copy thereof on the adverse party and on the court or agency a quo. The original copy of the petition intended for the Court of Appeals shall be indicated as such by the petitioner. Upon the filing of the petition, the petitioner shall pay to the clerk of court of the Court of Appeals the docketing and other lawful fees and deposit the sum of P3000.00 for costs. Exemption from payment of docketing and other lawful fees and the deposit for costs may be granted by the Court of Appeals upon a verified motion setting forth valid grounds therefor. If the Court of Appeals denies the motion, the petitioner shall pay the docketing and other lawful fees and deposit for costs within fifteen (15) days from notice of the denial. ( Sec. 5 Rule 43)