APPEALS

Appeal from MTC to RTC (Rule 40) The title of the case: remain as it was in the court of origin, the party appealing shall be referred to as the appellant and the adverse party as the appellee Filing an Appeal Filing a notice of Appeal with the Court that rendered the judgment payment of docket fees and other lawful fees the appeal is taken within fifteen (15) days after notice of judgment Period shall be interrupted by a timely motion for new trial or reconsideration. Extension to File No motion for extension of time to file motion for new trial or reconsideration. Perfection of Appeal/ Effect Notice of appeal is deemed perfected as to him upon filing of the notice of appeal in due time and the payment of docket fees and other lawful fees. In appeals by notice of appeal, the court loses jurisdiction over the case upon the perfection of the appeals filed in due time and the expiration of the time to appeal of the other parties. After perfecting an appeal, the clerk of court shall certify the original record as complete shall transmit the original records together with the transcript and the exhibits, within 15 days from the perfection of the appeals, copy furnished the parties of his letter of transmittal of the records to the appellate court Upon receipt of the Complete record by the clerk of court of the Regional Trial Court shall notify the parties of such fact. appellant shall submit a memorandum, within 15 days from such notice, briefly discuss the errors imputed to the lower court, the appelle shall be copy furnished. appellee may file his memorandum, within 15 days from receipt of the appellant's memorandum, the appellant party shall be copy furnished Upon the filing of the memorandum of the appellee, or the expiration of the period to do so, the case shall be considered submitted for decision. Failure of the appellant to file a memorandum shall be a ground for dismissal of the appeal. Appeal from RTC to CA (Rule 41 and 44) (Original jurisdiction) The title of the case remain as it was in the court of origin, the party appealing shall be referred to as the appellant the adverse party as the appellee Filing an Appeal Filing a notice of Appeal with the Court that rendered the judgment payment of docket fees and other lawful fees

the appeal is taken within 15 days after notice of judgment, within 48 hours in Habeas Corpus cases

Period shall be interrupted by a timely motion for new trial or reconsideration. Extension to File No motion for extension of time to file motion for new trial or reconsideration. Perfection of Appeal/ Effect Notice of appeal is deemed perfected as to him upon filing of the notice of appeal in due time and the payment of docket fees and other lawful fees. In appeals by notice of appeal, the court loses jurisdiction over the case upon the perfection of the appeals filed in due time and the expiration of the time to appeal of the other parties. After filing, the trial court may motu proprio or on motion, dismiss the appeal for: Filed not within the reglementary period; or for non-payment of the docket and other lawful fees not within the reglementary period. After perfecting an appeal, the clerk of court, within 30 days shall: verify the correctness of the original record and to make a certification of its correctness verify the completeness of the records, if incomplete, to take measures to complete the records if efforts fails to complete record, shall indicate in the letter of transmittal that the exhibits or transcripts not included in the records being transmitted, and the reason for non-transmittal, and the steps taken or that could be taken to avail them. transmit the records to o the appellate court, o orginal record together with the proof of payment of the appellate court docket and other lawful fees; o a certified true copy of the minutes of the proceedings o the order of approval, o the certificate of correctness, o the original documentary evidence referred to therein, o original and three (3) copies of the transcripts. Furnish the parties with copies of the letter of transmittal of the records to the appellate court copies of the transcripts and certified true copies of the documentary evidence shall remain in the lower court for the examination of the parties. if the original record is not transmitted to the Court of Appeals within 30 day period o either party may file a motion with the trial court, with notice to the other, for the transmittal of such record or record on appeal. Upon receiving the Original record and the accompanying documents by the clerk of court of the Court of Appeals The clerk of court shall docket the case; and notify the parties thereof the appellant shall file an Appeallant's Brief with the court, within 45 days from receipt of the notice of the clerk, the appellee shall be copy furnished the appellee shall file an Appellee's Brief with the court, within 45 days from receipt of the appellant's brief, the adverse party shall be copy furnished the appellant may file an Appellant's Reply Brief with the court, within 20 days from receipt of the appellee's brief, answering points in the appellee's brief not covered in his main brief 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.

Petition for Review from RTC to CA (Rule 42) (Appellate jurisdiction) Filing a Petition for Review file a Verified petition for review with the Court of Appeals, Pay corresponding docket and other lawful fees, Deposit the amount of P500.00 for costs, Furnish the Regional Trial Court and the adverse party with a copy of the petition Sworn Certification of Non-Forum Shopping Filed and Served within 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 Extension to File Court of Appeals may grant an additional period of fifteen (15) days only within which to file the petition for review, provided, upon proper motion and the payment of the full amount of the docket and other lawful fees and the deposit for costs was made before the expiration of the reglementary period, No further extension shall be granted except for the most compelling reason and in no case to exceed fifteen (15) days. Perfection of Appeal/ Effect 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. The Regional Trial Court loses jurisdiction over the case upon the perfection of the appeals Before the Court of Appeals gives due course to the petition, the Regional Trial Court may: issue orders for the protection and preservation of the rights of the parties which do not involve any matter litigated by the appeal, approve compromises, permit appeals of indigent litigants, order execution pending appeal in accordance with section 2 of Rule 39, and allow withdrawal of the appeal. the appeal shall stay the judgment or final order unless the Court of Appeals, the law, or these Rules shall provide otherwise, except in civil cases decided under the Rule on Summary Procedure, After Filing Petition for Review, the Court of Appeals may: require the Respondent to file a Comment on the petition, not a motion to dismiss, within 10 days from notice, petitioner shall be copy furnished dismiss the petition, if it finds the same: o to be patently without merit, o prosecuted manifestly for delay, or o that the questions raised therein are too insubstantial to require consideration. When it deems 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. give due course to the petition, if it finds prima facie that the lower court has committed an error of fact or law that will warrant a reversal or modification of the appealed decision After giving Due Course, Court of Appeals may: set the case for oral argument; or require both parties to submit memoranda within 15 days from notice.

The case shall be deemed submitted for decision upon the filing of the last pleading or memorandum required by these Rules or by the court itself.

Appeal from Quasi-Judicial Agencies to CA (Rule 43) Filing a Petition for Review filing a verified petition for review, with proof of service of a copy Furnish the court or agency a quo and the adverse party with a copy of the petition pay to the clerk of court of the Court of Appeals the docketing and other lawful fees deposit the sum of P500.00 for costs original copy of the petition intended for the Court of Appeals shall be indicated as such by the petitioner Sworn Certification of Non-Forum Shopping appeal shall be taken within 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. Extension to File Court of Appeals may grant an additional period of fifteen (15) days only within which to file the petition for review, provided, upon proper motion and the payment of the full amount of the docket and other lawful fees and the deposit for costs was made before the expiration of the reglementary period, No further extension shall be granted except for the most compelling reason and in no case to exceed fifteen (15) days. Exemption from Payment Exemption to pay 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. After Filing, the Court of Appeals may: require the respondent to file a comment on the petition not a motion to dismiss, within 10 days from notice, petitioner shall be copy furnished dismiss the petition if it finds: o the same to be patently without merit, o prosecuted manifestly for delay, or o that the questions raised therein are too unsubstantial to require consideration. give due course to the petition, if it finds prima facie that the court or agency concerned has committed an error of fact or law that will warrant a reversal or modification of the award, judgment, final order or resolution sought to be reviewed otherwise, it shall dismiss the same The appeal shall not stay the award, judgment, final order or resolution sought to be reviewed unless the Court of Appeals shall direct otherwise upon such terms as it may deem just. After giving Due Course, Court of Appeals may: require the court or agency concerned to transmit the original or a legible certified true copy of the entire record of the proceeding under review, within 15 days from notice of due course, The record to be transmitted may be abridged by agreement of all parties to the proceeding.

require or permit subsequent correction of or addition to the record. set the case for oral argument require both parties to submit memoranda within a period of 15 days from notice

The case shall be deemed submitted for decision upon the filing of the last pleading or memorandum required by these Rules or by the court of Appeals.

Appeal by Certiorari to SC (Rule 45) Filing a Petition for Review on Certiorari file with the Supreme Court a verified petition for review on certiorari, with proof of service of a copy petition may include an application for a writ of preliminary injunction or other provisional remedies shall raise only questions of law which must be distinctly set forth Duly filed and served 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 full payment of the docket and other lawful fees Deposit the amount of Php 500.00 for costs Sworn Certification of Non-Forum Shopping Furnish the lower court concerned and on the adverse party a copy of the petition Extension to File the Supreme Court may for justifiable reasons grant an extension of thirty (30) days only within which to file the petition After Filing, the 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, impose the corresponding sanctions in case of non-filing or unauthorized filing of such pleadings and documents or non-compliance with the conditions therefor. on its own initiative deny the petition on the ground: o that the appeal is without merit, or o is prosecuted manifestly for delay, or o that the questions raised therein are too unsubstantial to require consideration. 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 After giving 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. Fresh Period Rule (Neypes Doctrine), Neypes vs. Court of Appeals To standardize the appeal periods provided in the Rules and to afford litigants fair opportunity to appeal their cases, the Court deems it practical to allow a fresh period of 15 days within which to file the notice of appeal in the Regional Trial Court, counted from receipt of the order dismissing a motion for a new trial or motion for reconsideration. xxxx Henceforth, this "fresh period rule" shall also apply to Rule 40 governing appeals from the Municipal Trial Courts to the Regional Trial Courts; Rule 42 on petitions for review from the

Regional Trial Courts to the Court of Appeals; Rule 43 on appeals from quasi-judicial agencies to the Court of Appeals and Rule 45 governing appeals by certiorari to the Supreme Court. Petition for Certiorari, Prohibition and Mandamus (Rule 65) Filing a Petition File a verified petition for certiorari, prohibition and mandamus Accompanied by a certified true copy of the judgment, order or resolution A sworn certification of non-forum shopping filed not later than 60 days from notice of the judgment, order or resolution. Or not latter than sixty 60 days counted from the notice of the denial of the motion, for reconsideration or new trial, timely filed filed with: o Regional Trial Court - if it relates to the acts or omissions of a mtc or of a corporation, board, officer or person o Court of Appeals/ Sandiganbayan whether or not the same is in aid of its appellate jurisdiction, whether or not the same is in aid of its appellate jurisdiction. If it involves the acts or omissions of a quasi-judicial agency, and unless otherwise provided by law or these Rules, the petition shall be filed in and cognizable only by the Court of Appeals o COMELEC - In election cases involving an act or an omission of a municipal or regional trial court, in aid of its appellate jurisdiction In certiorari, prohibition, mandamus, quo warranto and habeas corpus cases, with the CA, the parties shall file 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. The petition may be filed not later than sixty (60) days from notice of the judgment, order or resolution. In case a motion for reconsideration or new trial is timely filed, the petition shall filed not latter than sixty (60) days counted from the notice of the denial of the motion. if it relates to the acts or omissions of a mtc or of a corporation, board, officer or person, in the Regional Trial Court exercising jurisdiction over the territorial area as defined by the Supreme Court. It may also be filed in the Court of Appeals or in the Sandiganbayan whether or not the same is in aid of its appellate jurisdiction, If it involves the acts or omissions of a quasi-judicial agency, and unless otherwise provided by law or these Rules, the petition shall be filed in and cognizable only by the Court of Appeals In election cases involving an act or an omission of a municipal or regional trial court, the petition shall be filed exclusively with the COMELEC in aid of its appellate jurisdiction. When the petition filed relates to the acts or omissions of a judge, court, quasi-judicial agency, tribunal, corporation, board, officer or person, the petitioner shall join, as private respondent or respondents with such public respondent or respondents, the person or persons interested in sustaining the proceedings in the court; and it shall be the duty of such private respondents to appear and defend, both in his or their own behalf and in behalf of the public respondent or respondents affected by the proceedings, and the costs awarded in such proceedings in favor of the petitioner shall be against the private respondents only, and not against the judge, court, quasi-judicial agency, tribunal, corporation, board, officer or person impleaded as public respondent or respondents. Unless otherwise specifically directed by the court where the petition is pending, the public respondents shall not appear in or file an answer or comment to the petition or any pleading therein. If the case is elevated to a higher court by either party, the public respondents shall be included therein as nominal

parties. However, unless otherwise specifically directed by the court, they shall not appear or participate in the proceedings therein. If the petition is sufficient in form and substance to justify such process, the court shall issue an order requiring the respondent or respondents to comment on the petition within ten (10) days from receipt of a copy thereof. Such order shall be served on the respondents in such manner as the court may direct, together with a copy of the petition and any annexes thereto. In petitions for certiorari before the Supreme Court and the Court of Appeals, the provisions of section 2, Rule 56, shall be observed. Before giving due course thereto, the court may require the respondents to file their comment to, and not a motion to dismiss, the petition. Thereafter, the court may require the filing of a reply and such other responsive or other pleadings as it may deem necessary and proper. The court in which the petition is filed may issue orders expediting the proceedings, and it may also grant a temporary restraining order or a writ of preliminary injunction for the preservation of the rights of the parties pending such proceedings. The petition shall not interrupt the course of the principal case unless a temporary restraining order or a writ of preliminary injunction has been issued against the public respondent from further proceeding in the case. the public respondent shall proceed with the principal case within ten (10) days from the filling of a petition for certiorari with the higher court or tribunal, absent a temporary restraining order or a preliminary injunction or upon its expiration. After the comment or other pleadings required by the court are filed, or the time for the filing thereof has expired, the court may hear the case or require the parties to submit memoranda. If after such hearing or submission of memoranda or the expiration of the period for the filing thereof the court finds that the allegations of the petition are true, it shall render judgment for the relief prayed for or to which the petitioner is entitled. The court, however, may 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. in such event, the court may award in favor of the respondent treble cost solidarily against the petitioner and counsel, in addtition to subjecting counsel to administrative sanctions. the court may impose motu proprio, based on res ipsa loquitur, other disciplinary sanctions or measures on erring lawyers for patently dilatory and unmeritorious petition for certiorari.