Appeal

From
Munici
pal
Trial
Courts
to the
Region
al Trial
Courts
Appeal
From
The
Regiona
l Trial
Courts
Petition
for
Review
From
the
Regiona
l Trial
Courts
to the
Court of
Appeals
Appeals
From the
Court of
Tax
Appeals
and Quasi-
Judicial
Agencies
to the
Court of
Appeals
rdinar!
Appealed Cases
Appeal
"!
Certiora
ri to the
#uprem
e Court
Certiorari,
Prohibition and
Mandamus
Column1 RULE 40 RULE 41 RULE 42 RULE 43 RULE 44 RULE 45 RULE 65
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
appealabl
e. No
appeal
may be
taken
from:
a) An
order
denying a
motion for
new trial
or
reconsider
ation;
b) An
order
denying a
petition for
relief or
any similar
motion
seeking
relief from
judgment;
c) An
interlocuto
ry order;
d) An
order
disallowin
g or
dismissing
an appeal;
e) An
order
denying a
motion to
set aside
a
judgment
by
consent,
confession
or
compromi
se on the
ground of
fraud,
mistake or
duress, or
any other
ground
!itiating
his Rule shall
apply to
appeals from
judgments or
final orders of
the "ourt of
#a$ Appeals
and from
awards,
judgments,
final orders or
resolutions of
or authori%ed
by any &uasi'
judicial
agency in the
e$ercise of its
&uasi'judicial
functions.
Among these
agencies are
the "i!il
(er!ice
"ommission,
"entral )oard
of
Assessment
Appeals,
(ecurities
and
*$change
"ommission,
+ffice of the
,resident,
-and
Registration
Authority,
(ocial
(ecurity
"ommission,
"i!il
Aeronautics
)oard,
)ureau of
,atents,
#rademarks
and
#echnology
#ransfer,
National
*lectrification
Administratio
n, *nergy
Regulatory
)oard,
National
#elecommuni
cations
"ommission,
.epartment
of Agrarian
Reform under
Republic Act
No. //01,
2o!ernment
(er!ice
3nsurance
(ystem,
*mployees
"ompensatio
n
"ommission,
Agricultural
Rule 45 A party
desiring to
appeal by
certiorari
from a
judgment
or final
order or
resolution
of the
"ourt of
Appeals,
the
(andiganb
ayan, the
Regional
#rial "ourt
or other
courts
whene!er
authori%ed
by law,
may file
with the
(upreme
"ourt a
!erified
petition for
re!iew on
certiorari.
#he
petition
shall raise
only
&uestions
of law
which
must be
distinctly
set forth.
#he mode
of appeal
prescribed
in this
Rule shall
be
applicable
to both
ci!il and
criminal
cases,
e$cept in
criminal
cases
where the
penalty
imposed is
death,
reclusion
perpetua
or life
imprisonm
ent.
consent;
f) An
order of
e$ecution;
g) A
judgment
or final
order for
or against
one or
more of
se!eral
parties or
in
separate
claims,
countercla
ims,
cross'
claims and
third'party
complaints
, while the
main case
is
pending,
unless the
court
allows an
appeal
therefrom;
and
h) An
order
dismissing
an action
without
prejudice.
3n!ention
)oard,
3nsurance
"ommission,
,hilippine
Atomic
*nergy
"ommission,
)oard of
3n!estments,
"onstruction
3ndustry
Arbitration
"ommission,
and !oluntary
arbitrators
authori%ed by
law. n)
Where to
appeal/
Title of
Case
An
appeal
from a
judgment
or final
order of a
6unicipal
#rial
"ourt
may be
taken to
the
Regional
#rial
"ourt
e$ercisin
g
jurisdictio
n o!er
the area
to which
the
former
pertains.
#he title
of the
case
shall
remain
as it was
in the
court of
origin,
but the
party
appealing
the case
shall be
further
referred
to as the
appellant
and the
ad!erse
party as
the
appellee.
+rdinary
appeal. 7
#he
appeal to
the "ourt
of Appeals
in cases
decided
by the
Regional
#rial "ourt
in the
e$ercise
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
ser!ing a
copy
thereof
upon the
ad!erse
party. No
record on
appeal
shall be
re&uired
e$cept in
special
proceedin
gs and
other
cases of
,etition
for re!iew.
7 #he
appeal to
the "ourt
of
Appeals
in cases
decided
by the
Regional
#rial
"ourt in
the
e$ercise
of its
appellate
jurisdictio
n shall be
by petition
for re!iew
in
accordan
ce with
Rule 48.
An appeal
under this
Rule may be
taken to the
"ourt of
Appeals
within the
period and in
the manner
herein
pro!ided,
whether the
appeal
in!ol!es
&uestions of
fact, of law, or
mi$ed
&uestions of
fact and law.
3n all cases
appealed to the
"ourt of Appeals
under Rule 45, the
title of the case shall
remain as it was in
the court of origin,
but the party
appealing the case
shall be further
referred to as the
appellant and the
ad!erse party as the
appellee. 5a, R4/)
Appeal by
certiorari.
7 3n all
cases
where only
&uestions
of law are
raised or
in!ol!ed,
the appeal
shall be to
the
(upreme
"ourt by
petition for
re!iew on
certiorari
in
accordanc
e with the
Rule 40.
The petition shall
be filed in the
Supreme Court or
if it relates to the
a!ts or omissions
of a lo"er !ourt or
of a !orporation
board offi!er or
person in the
Re#ional Trial
Court e$er!isin#
%urisdi!tion o&er
the territorial area
as defined b' the
Supreme Court( )t
ma' also be filed
in the Court of
*ppeals "hether
or not the same is
in aid of its
appellate
%urisdi!tion or in
the
Sandi#anba'an if
it is in aid of its
appellate
%urisdi!tion( )f it
in&ol&es the a!ts
or omissions of a
+uasi,%udi!ial
a#en!' unless
other"ise
pro&ided b' la" or
these Rules the
petition shall be
filed in and
!o#ni-able onl' b'
the Court of
*ppeals(
multiple or
separate
appeals
where law
on these
Rules so
re&uire. 3n
such
cases, the
record on
appeal
shall be
filed and
ser!ed in
like
manner.
When to
appeal
An
appeal
may be
taken
within
fifteen
50) days
after
notice to
the
appellant
of the
judgment
or final
order
appealed
from.
9here a
record on
appeal is
re&uired,
the
appellant
shall file
a notice
of appeal
and a
record on
appeal
within
thirty :;)
days
after
notice of
the
judgment
or final
order.
#he
appeal
shall be
taken
within
fifteen 50)
days from
notice of
the
judgment
or final
order
appealed
from.
9here a
record on
appeal is
re&uired,
the
appellant
shall file a
notice of
appeal
and a
record on
appeal
within
thirty :;)
days from
notice of
the
judgment
or final
order.#he
period of
appeal
shall be
interrupted
by a timely
motion for
new trial
or
reconsider
ation. No
motion for
e$tension
of time to
file a
motion for
new trial
or
reconsider
ation shall
be
allowed.
n)
#he appeal
shall be taken
within fifteen
50) days
from notice of
the award,
judgment,
final order or
resolution, or
from the date
of its last
publication, if
publication is
re&uired by
law for its
effecti!ity, or
of the denial
of petitioner<s
motion for
new trial or
reconsiderati
on duly filed
in
accordance
with the
go!erning law
of the court or
agency a
&uo. +nly
one 5)
motion for
reconsiderati
on shall be
allowed.
=pon proper
motion and
the payment
of the full
amount of the
docket fee
before the
e$piration of
the
reglementary
period, the
"ourt of
Appeals may
grant an
additional
period of
fifteen 50)
days only
within which
to file the
petition for
re!iew. No
further
e$tension
shall be
granted
e$cept for the
most
compelling
reason and in
no case to
e$ceed
fifteen 50)
days. n)
#he
petition
shall be
filed within
fifteen 50)
days from
notice of
the
judgment
or final
order or
resolution
appealed
from, or of
the denial
of the
petitioner<s
motion for
new trial
or
reconsider
ation filed
in due
time after
notice of
the
judgment.
+n motion
duly filed
and
ser!ed,
with full
payment
of the
docket
and other
lawful fees
and the
deposit for
costs
before the
e$piration
of the
reglement
ary period,
the
(upreme
"ourt may
for
justifiable
reasons
grant an
e$tension
of thirty
:;) days
only within
which to
file the
petition.
The petition shall
be filed not later
than si$t' .60/
da's from noti!e
of the %ud#ment
order or
resolution( )n !ase
a motion for
re!onsideration or
ne" trial is timel'
filed "hether su!h
motion is re+uired
or not the si$t'
.60/ da' period
shall be !ounted
from noti!e of the
denial of said
motion(
0o e$tension of
time to file the
petition shall be
#ranted e$!ept for
!ompellin# reason
and in no !ase
e$!eedin# fifteen
.15/ da's(
How to
appeal
#he
appeal is
taken by
filing a
notice of
appeal
with the
court that
rendered
the
judgment
or final
order
appealed
from. #he
notice of
appeal
shall
indicate
the
parties to
the
appeal,
the
judgment
or final
order or
part
thereof
appealed
from, and
state the
material
dates
showing
the
timelines
s of the
appeal A
record on
appeal
shall be
re&uired
only in
special
proceedi
ngs and
in other
cases of
multiple
or
separate
appeals.
#he form
and
contents
of the
record on
appeal
shall be
as
pro!ided
in section
/, Rule
45.
"opies of
the notice
of
appeal,
and the
record on
appeal
where
re&uired,
shall be
ser!ed
on the
ad!erse
party. n)
A party
desiring
to appeal
from a
decision
of the
Regional
#rial
"ourt
rendered
in the
e$ercise
of its
appellate
jurisdictio
n may file
a !erified
petition
for re!iew
with the
"ourt of
Appeals,
paying at
the same
time to
the clerk
of said
court the
correspon
ding
docket
and other
lawful
fees,
depositing
the
amount of
,0;;.;;
for costs,
and
furnishing
the
Regional
#rial
"ourt and
the
ad!erse
party with
a copy of
the
petition.
#he
petition
shall be
filed and
ser!ed
within
fifteen
50) days
from
notice of
the
decision
sought to
be
re!iewed
or of the
denial of
petitioner<
s motion
for new
trial or
reconside
ration
filed in
due time
after
judgment.
=pon
proper
motion
and the
payment
of the full
amount of
the
Appeal shall
be taken by
filing a
!erified
petition for
re!iew in
se!en 1)
legible copies
with the "ourt
of Appeals,
with proof of
ser!ice of a
copy thereof
on the
ad!erse party
and on the
court or
agency a
&uo. #he
original copy
of the petition
intended for
the "ourt of
Appeals shall
be indicated
as such by
the petitioner.
=pon the
filing of the
petition, the
petitioner
shall pay to
the clerk of
court of the
"ourt of
Appeals the
docketing
and other
lawful fees
and deposit
the sum of
,0;;.;; for
costs.
*$emption
from payment
of docketing
and other
lawful fees
and the
deposit for
costs may be
granted by
the "ourt of
Appeals upon
a !erified
motion
setting forth
!alid grounds
therefor. 3f the
"ourt of
Appeals
denies the
motion, the
petitioner
shall pay the
docketing
and other
lawful fees
and deposit
for costs
within fifteen
50) days
from notice of
the denial. n)
docket
and other
lawful
fees and
the
deposit
for costs
before the
e$piration
of the
reglement
ary
period,
the "ourt
of
Appeals
may grant
an
additional
period of
fifteen
50) days
only
within
which to
file the
petition
for re!iew.
No further
e$tension
shall be
granted
e$cept for
the most
compellin
g reason
and in no
case to
e$ceed
fifteen
50) days.
n)
Perfection
of appeal
#he
perfectio
n of the
appeal
and the
effect
thereof
shall be
go!erned
by the
pro!ision
s of
section >,
Rule 45.
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
appro!al
of the
record on
appeal
filed in
due time.
3n appeals
by notice
of appeal,
the court
loses
jurisdiction
o!er the
case upon
=pon the
timely
filing of a
petition
for re!iew
and the
payment
of the
correspon
ding
docket
and other
lawful
fees, the
appeal is
deemed
perfected
as to the
petitioner.
#he
Regional
#rial
"ourt
loses
jurisdictio
n o!er the
case
upon the
perfection
of the
appeals
filed in
due time
and the
e$piration
of the
time to
appeal of
the other
parties.
?owe!er,
the
perfection
of the
appeals
filed in
due time
and the
e$piration
of the time
to appeal
of the
other
parties.
3n appeals
by record
on appeal,
the court
loses
jurisdiction
only o!er
the
subject
matter
thereof
upon the
appro!al
of the
records on
appeal
filed in
due time
and the
e$piration
of the
appeal of
the other
parties.
3n either
case, prior
to the
transmittal
of the
original
record or
the record
on appeal,
the court
may issue
orders for
the
protection
and
preser!ati
on of the
rights of
the parties
which do
not in!ol!e
any matter
litigated by
the
appeal,
appro!e
compromi
ses,
permit
appeals of
indigent
litigants,
order
e$ecution
pending
appeal in
accordanc
e with 8 of
Rule :>,
and allow
withdrawal
of the
appeal.
>a)
before the
"ourt of
Appeals
gi!es due
course to
the
petition,
the
Regional
#rial
"ourt
may issue
orders for
the
protection
and
preser!ati
on of the
rights of
the
parties
which do
not
in!ol!e
any
matter
litigated
by the
appeal,
appro!e
compromi
ses,
permit
appeals
of
indigent
litigants,
order
e$ecution
pending
appeal in
accordan
ce with
section 8
of Rule
:>, and
allow
withdrawa
l of the
appeal.
>a, R45)
b) *$cept
in ci!il
cases
decided
under the
Rule on
(ummary
,rocedur
e, the
appeal
shall stay
the
judgment
or final
order
unless the
"ourt of
Appeals,
the law, or
these
Rules
shall
pro!ide
otherwise.
a)
Appellate
court
docket
9ithin
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.
,roof of
payment
thereof
shall be
transmitt
ed to the
appellate
court
together
with the
original
record or
the
record on
appeal,
as the
case may
be. n)
9ithin 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.
,roof of
payment
of said
fees shall
be
transmitte
d to the
appellate
court
together
with the
original
record or
the record
on appeal.
n)
=nless he
has
theretofore
done so,
the
petitioner
shall pay
the
correspon
ding
docket
and other
lawful fees
to the
clerk of
court of
the
(upreme
"ourt and
deposit
the
amount of
,0;;.;;
for costs
at the time
of the filing
of the
petition.
,roof of
ser!ice of
a copy,
thereof on
the lower
court
concerned
and on the
ad!erse
party shall
be
submitted
together
with the
petition.
Dut of
the clerk
of court!
9ithin
fifteen
50) days
from the
perfectio
n 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
transcript
s and
e$hibits,
which he
shall
certify as
complete,
to the
proper
Regional
#rial
"ourt. A
copy of
his letter
9ithin
thirty :;)
days after
perfection
of all the
appeals in
accordanc
e with the
preceding
section, it
shall be
the duty of
the clerk
of court of
the lower
court:
a) #o
!erify the
correctnes
s of the
original
record or
the record
on appeal,
as the
case may
be aid to
make
certificatio
n of its
correctnes
s;
b) #o
!erify the
completen
ess of the
records
that will
be,
=pon recei!ing the
original record or the
record on appeal
and the
accompanying
documents and
e$hibits transmitted
by the lower court,
as well as the proof
of payment of the
docket and other
lawful fees, the clerk
of court of the "ourt
of Appeals shall
docket the case and
notify the parties
thereof. 4a, R4/)
9ithin ten 5;) days
from receipt of said
notice, the appellant,
in appeals by record
on appeal, shall file
with the clerk of
court se!en 1)
clearly legible copies
of the appro!ed
record on appeal,
together with the
proof of ser!ice of
two 8) copies
thereof upon the
appellee.
Any unauthori%ed
alteration, omission
or addition in the
appro!ed record on
appeal shall be a
of
transmitt
al of the
records
to the
appellate
court
shall be
furnished
the
parties.
n)
transmitte
d to the
appellate
court;
c) 3f found
to be
incomplet
e, to take
such
measures
as may be
re&uired to
complete
the
records,
a!ailing of
the
authority
that he or
the court
may
e$ercise
for this
purpose;
and
d) #o
transmit
the
records to
the
appellate
court.
3f the
efforts to
complete
the
records
fail, he
shall
indicate in
his letter
of
transmittal
the
e$hibits or
transcripts
not
included in
the
records
being
transmitte
d to the
appellate
court, the
reasons
for their
non'
transmittal
, and the
steps
taken or
that could
be taken
to ha!e
them
a!ailable.
#he clerk
of court
shall
furnish the
parties
with
copies of
his letter
of
transmittal
of the
records to
the
appellate
court.
5;a)
ground for dismissal
of the appeal.
"otice of
Appeal
a) =pon
receipt of
the
complete
record or
the
record on
appeal,
the clerk
of court
of the
Regional
#rial
"ourt
shall
notify the
parties of
such fact.
b) 9ithin
fifteen
50) days
from
such
notice, it
shall be
the duty
of the
appellant
to submit
a
memoran
dum
which
shall
briefly
discuss
the errors
imputed
to the
lower
court, a
copy of
which
shall be
furnished
by him to
the
ad!erse
party.
9ithin
fifteen
50) days
from
receipt of
the
appellant<
s
memoran
dum, the
appellee
may file
his
memoran
dum.
@ailure of
the
appellant
to file a
memoran
dum shall
be a
ground
for
dismissal
of the
appeal.
c) =pon
the filing
of the
memoran
dum of
the
appellee,
or the
e$piration
of the
#he notice
of appeal
shall
indicate
the parties
to the
appeal,
specify the
judgment
or final
order or
part
thereof
appealed
from,
specify the
court to
which the
appeal is
being
taken, and
state the
material
dates
showing
the
timeliness
of the
appeal.
4a)
period to
do so,
the case
shall be
considere
d
submitted
for
decision.
#he
Regional
#rial
"ourt
shall
decide
the case
on the
basis of
the entire
record of
the
proceedi
ngs had
in the
court of
original
and such
memoran
da as are
filed. n)
Appeal
from
orders
dismissin
# case
without
trial$ lack
of
jurisdictio
n
3f an
appeal is
taken
from an
order of
the lower
court
dismissin
g the
case
without a
trial on
the
merits,
the
Regional
#rial
"ourt
may
affirm or
re!erse
it, as the
case may
be. 3n
case of
affirmanc
e and the
ground of
dismissal
is lack of
jurisdictio
n o!er
the
subject
matter,
the
Regional
#rial
"ourt, if it
has
jurisdictio
n
thereo!er
, shall try
the case
on the
merits as
if the
case was
originally
filed with
it. 3n case
of
re!ersal,
the case
shall be
remande
d for
further
proceedi
ngs.
3f the
case was
tried on
the
merits by
the lower
court
without
jurisdictio
n o!er
the
subject
matter,
the
Regional
#rial
"ourt on
appeal
shall not
dismiss
the case
if it has
original
jurisdictio
n thereof,
but shall
decide
the case
in
accordan
ce with
the
precedin
g section,
without
prejudice
to the
admissio
n of
amended
pleadings
and
additional
e!idence
in the
interest
of justice.
n)
Appro%al
of record
on appeal!
=pon the
filing of
the record
on appeal
for
appro!al
and if no
objection
is filed by
the
appellee
within fi!e
0) days
from
receipt of
a copy
thereof,
the trial
court may
appro!e it
as
presented
or upon its
own
motion or
at the
instance
of the
appellee,
may direct
its
amendme
nt by the
inclusion
of any
omitted
matters
which are
deemed
essential
to the
determinat
ion of the
issue of
law or fact
in!ol!ed in
the
appeal. 3f
the trial
court
orders the
amendme
nt of the
record, the
appellant,
within the
time
limited in
the order,
or such
e$tension
thereof as
may be
granted,
or if no
time is
fi$ed by
the order
within ten
5;) days
from
receipt
thereof,
shall
redraft the
record by
including
therein, in
their
proper
chronologi
cal
se&uence,
such
additional
matters as
the court
may ha!e
directed
him to
incorporat
e, and
shall
thereupon
submit the
redrafted
record for
appro!al,
upon
notice to
the
appellee,
in like
manner as
the
original
draft. 1a
&oint
record on
appeal!
9here
both
parties are
appellants
, they may
file a joint
record on
appeal
within the
time fi$ed
by section
: of this
Rule, or
that fi$ed
by the
court. Aa)
Transcript =pon the
perfection
of the
appeal,
the clerk
shall
immediate
ly direct
the
stenograp
hers
concerned
to attach
to the
record of
the case
fi!e 0)
copies of
the
transcripts
of the
testimonial
e!idence
referred to
in the
record on
appeal.
#he
stenograp
hers
concerned
shall
transcribe
such
testimonial
e!idence
and shall
prepare
and affi$
to their
transcripts
an inde$
containing
the names
of the
witnesses
and the
pages
wherein
their
testimonie
s are
found, and
a list of
the
e$hibits
and the
pages
wherein
each of
them
appears to
ha!e been
offered
and
admitted
or rejected
by the trial
court. #he
transcripts
shall be
transmitte
d to the
clerk of
the trial
court who
shall
thereupon
arrange
the same
in the
order in
which the
witnesses
testified at
the trial,
and shall
cause the
pages to
be
numbered
consecuti!
ely. 58a)
Transmitta
l
#he clerk
of the trial
court shall
transmit to
the
appellate
court the
original
record or
the
appro!ed
record on
appeal
within
thirty :;)
days from
the
perfection
of the
appeal,
together
with the
proof of
payment
of the
appellate
court
docket
and other
lawful
fees, a
certified
true copy
of the
minutes of
the
proceedin
gs, the
order of
appro!al,
the
certificate
of
correctnes
s, the
original
document
ary
e!idence
referred to
therein,
and the
original
and three
:) copies
of the
transcripts
. "opies of
the
transcripts
and
certified
true
copies of
the
document
ary
9hene!er
the "ourt
of
Appeals
deems it
necessary
, it may
order the
clerk of
court of
the
Regional
#rial
"ourt to
ele!ate
the
original
record of
the case
including
the oral
and
document
ary
e!idence
within
fifteen
50) days
from
notice. n)
9ithin fifteen
50) days
from notice
that the
petition has
been gi!en
due course,
the "ourt of
Appeals may
re&uire the
court or
agency
concerned to
transmit the
original or a
legible
certified true
copy of the
entire record
of the
proceeding
under re!iew.
#he record to
be
transmitted
may be
abridged by
agreement of
all parties to
the
proceeding.
#he "ourt of
Appeals may
re&uire or
permit
subse&uent
correction of
or addition to
the record.
3f the original record
or the record on
appeal is not
transmitted to the
"ourt of Appeals
within thirty :;)
days after the
perfection of the
appeal, either party
may file a motion
with the trial court,
with notice to the
other, for the
transmittal of such
record or record on
appeal.
e!idence
shall
remain in
the lower
court for
the
e$aminati
on of the
parties.
Dismissal
of appeal!
,rior to
the
transmittal
of the
original
record or
the record
on appeal
to the
appellate
court, the
trial court
may motu
propio or
on motion
dismiss
the appeal
for ha!ing
been
taken out
of time.
54a)
'orm and
Content
#he
petition
shall be
filed in
se!en 1)
legible
copies,
with the
original
copy
intended
for the
court
being
indicated
as such
by the
petitioner,
and shall
a) state
the full
names of
the
parties to
the case,
without
impleadin
g the
lower
courts or
judges
thereof
either as
petitioner
s or
responde
nts; b)
indicate
the
specific
material
dates
showing
that it was
filed on
time; c)
set forth
concisely
#he petition
for re!iew
shall a) state
the full
names of the
parties to the
case, without
impleading
the court or
agencies
either as
petitioners or
respondents;
b) contain a
concise
statement of
the facts and
issues
in!ol!ed and
the grounds
relied upon
for the
re!iew; c) be
accompanied
by a clearly
legible
duplicate
original or a
certified true
copy of the
award,
judgment,
final order or
resolution
appealed
from,
together with
certified true
copies of
such material
portions of
the record
referred to
therein and
other
supporting
papers; and
d) contain a
#he
petition
shall be
filed in
eighteen
5A)
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
ad!erse
party as
responden
t, without
impleading
the lower
courts or
judges
thereof
either as
petitioners
or
responden
ts; b)
indicate
the
material
dates
showing
when
a
statement
of the
matters
in!ol!ed,
the issues
raised,
the
specificati
on of
errors of
fact or
law, or
both,
allegedly
committe
d by the
Regional
#rial
"ourt,
and the
reasons
or
argument
s relied
upon for
the
allowance
of the
appeal;
d) be
accompa
nied by
clearly
legible
duplicate
originals
or true
copies of
the
judgment
s or final
orders of
both
lower
courts,
certified
correct by
the clerk
of court of
the
Regional
#rial
"ourt, the
re&uisite
number of
plain
copies
thereof
and of the
pleadings
and other
material
portions
of the
record as
would
support
the
allegation
s of the
petition.
#he
petitioner
shall also
submit
together
with the
petition a
certificatio
n under
oath that
he has
not
theretofor
sworn
certification
against forum
shopping as
pro!ided in
the last
paragraph of
section 8,
Rule 48. #he
petition shall
state the
specific
material
dates
showing that
it was filed
within the
period fi$ed
herein. 8a)
notice of
the
judgment
or final
order or
resolution
subject
thereof
was
recei!ed,
when a
motion for
new trial
or
reconsider
ation, if
any, was
filed and
when
notice of
the denial
thereof
was
recei!ed;
c) set
forth
concisely
a
statement
of the
matters
in!ol!ed,
and the
reasons or
arguments
relied on
for the
allowance
of the
petition;
d) be
accompani
ed 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
&uo and
the
re&uisite
number of
plain
copies
thereof,
and such
material
portions of
the record
as would
support
the
petition;
and e)
contain a
sworn
certificatio
n against
forum
shopping
as
pro!ided
in the last
paragraph
of section
e
commenc
ed any
other
action
in!ol!ing
the same
issues in
the
(upreme
"ourt, the
"ourt of
Appeals
or
different
di!isions
thereof, or
any other
tribunal or
agency; if
there is
such
other
action or
proceedin
g, he
must
state the
status of
the same;
and if he
should
thereafter
learn that
a similar
action or
proceedin
g has
been filed
or is
pending
before the
(upreme
"ourt, the
"ourt of
Appeals,
or
different
di!isions
thereof, or
any other
tribunal or
agency,
he
undertake
s to
promptly
inform the
aforesaid
courts
and other
tribunal or
agency
thereof
within fi!e
0) days
therefrom.
n)
8, Rule 48.
Action on
the
petition
#he "ourt
of
Appeals
may
re&uire
the
responde
nt to file a
comment
on the
petition,
not a
motion to
dismiss,
within ten
5;) days
from
#he "ourt of
Appeals may
re&uire the
respondent to
file a
comment on
the petition
not a motion
to dismiss,
within ten
5;) days
from notice,
or dismiss the
petition if it
finds the
same to be
patently
notice, or
dismiss
the
petition if
it finds the
same to
be
patently
without
merit,
prosecute
d
manifestly
for delay,
or that the
&uestions
raised
therein
are too
insubstant
ial to
re&uire
considera
tion. n)
without merit,
prosecuted
manifestly for
delay, or that
the &uestions
raised therein
are too
unsubstantial
to re&uire
consideration
. /a)
Contents
of
comment!
#he
comment
of the
responde
nt shall be
filed in
se!en 1)
legible
copies,
accompa
nied by
certified
true
copies of
such
material
portions
of the
record
referred
to therein
together
with other
supportin
g papers
and shall
a) state
whether
or not he
accepts
the
statement
of matters
in!ol!ed
in the
petition;
b) point
out such
insufficien
cies or
inaccuraci
es as he
belie!es
e$ist in
petitioner<
s
statement
of matters
in!ol!ed
but
without
repetition;
and c)
state the
reasons
why the
petition
should
not be
gi!en due
course. A
#he comment
shall be filed
within ten
5;) days
from notice in
se!en 1)
legible copies
and
accompanied
by clearly
legible
certified true
copies of
such material
portions of
the record
referred to
therein
together with
other
supporting
papers. #he
comment
shall a) point
out
insufficiencie
s or
inaccuracies
in petitioner<s
statement of
facts and
issues; and
b) state the
reasons why
the petition
should be
denied or
dismissed. A
copy thereof
shall be
ser!ed on the
petitioner,
and proof of
such ser!ice
shall be filed
with the "ourt
of Appeals.
>a)
copy
thereof
shall be
ser!ed on
the
petitioner.
Due
course!
3f upon
the filing
of the
comment
or such
other
pleadings
as the
court may
allow or
re&uire, or
after the
e$piration
of the
period for
the filing
thereof
without
such
comment
or
pleading
ha!ing
been
submitted
, the
"ourt of
Appeals
finds
prima
facie that
the lower
court has
committe
d an error
of fact or
law that
will
warrant a
re!ersal
or
modificati
on of the
appealed
decision,
it may
accordingl
y gi!e due
course to
the
petition.
3f upon the
filing of the
comment or
such other
pleadings or
documents
as may be
re&uired or
allowed by
the "ourt of
Appeals or
upon the
e$piration of
the period for
the filing
thereof, and
on the
records the
"ourt of
Appeals finds
prima facie
that the court
or agency
concerned
has
committed
errors of fact
or law that
would
warrant
re!ersal or
modification
of the award,
judgment,
final order or
resolution
sought to be
re!iewed, it
may gi!e due
course to the
petition;
otherwise, it
shall dismiss
the same.
#he findings
of fact of the
court or
agency
concerned,
when
supported by
substantial
e!idence,
shall be
binding on
the "ourt of
Appeals.
3f the
petition is
gi!en due
course,
the
(upreme
"ourt may
re&uire the
ele!ation
of the
complete
record of
the case
or
specified
parts
thereof
within
fifteen 50)
days from
notice.
@or
purposes
of
determinin
g whether
the
petition
should be
dismissed
or denied
pursuant
to section
0 of this
Rule, or
where the
petition is
gi!en due
course
under
section A
hereof, the
(upreme
"ourt may
re&uire or
allow the
filing of
such
pleadings,
briefs,
memorand
a or
document
s as it may
deem
necessary
within
such
periods
and under
such
conditions
as it may
consider
appropriat
e, and
impose
the
correspon
ding
sanctions
in case of
non'filing
)f the petition is
suffi!ient in form
and substan!e to
%ustif' su!h
pro!ess the !ourt
shall issue an
order re+uirin# the
respondent or
respondents to
!omment on the
petition "ithin ten
.10/ da's from
re!eipt of a !op'
thereof( Su!h
order shall be
ser&ed on the
respondents in
su!h manner as
the !ourt ma'
dire!t to#ether
"ith a !op' of the
petition and an'
anne$es thereto(
)n petitions for
!ertiorari before
the Supreme Court
and the Court of
*ppeals the
pro&isions of
se!tion 2 Rule 56
shall be obser&ed(
1efore #i&in# due
!ourse thereto the
!ourt ma' re+uire
the respondents to
file their !omment
to and not a
motion to dismiss
the petition(
Thereafter the
!ourt ma' re+uire
the filin# of a repl'
and su!h other
responsi&e or
other pleadin#s as
it ma' deem
ne!essar' and
proper(
or
unauthori%
ed filing of
such
pleadings
and
document
s or non'
complianc
e with the
conditions
therefor.
Submissio
n for
decision!
=pon
receipt of
the
complete
record or
the record
on appeal,
the clerk
of court of
the
Regional
#rial "ourt
shall notify
the parties
of such
fact.
b) 9ithin
fifteen 50)
days from
such
notice, it
shall be
the duty of
the
appellant
to submit
a
memorand
um which
shall
briefly
discuss
the errors
imputed to
the lower
court, a
copy of
which
shall be
furnished
by him to
the
ad!erse
party.
9ithin
fifteen 50)
days from
receipt of
the
appellant<s
memorand
um, the
appellee
may file
his
memorand
um.
@ailure of
the
appellant
to file a
3f the
petition is
gi!en due
course,
the "ourt
of
Appeals
may set
the case
for oral
argument
or re&uire
the
parties to
submit
memoran
da within
a period
of fifteen
50) days
from
notice.
#he case
shall be
deemed
submitted
for
decision
upon the
filing of
the last
pleading
or
memoran
dum
re&uired
by these
Rules or
by the
court
itself. n)
3f the petition
is gi!en due
course, the
"ourt of
Appeals may
set the case
for oral
argument or
re&uire the
parties to
submit
memoranda
within a
period of
fifteen 50)
days from
notice. #he
case shall be
deemed
submitted for
decision upon
the filing of
the last
pleading or
memorandum
re&uired by
these Rules
or by the
court of
Appeals.
memorand
um shall
be a
ground for
dismissal
of the
appeal.
c) =pon
the filing
of the
memorand
um of the
appellee,
or the
e$piration
of the
period to
do so, the
case shall
be
considere
d
submitted
for
decision.
#he
Regional
#rial "ourt
shall
decide the
case on
the basis
of the
entire
record of
the
proceedin
gs had in
the court
of original
and such
memorand
a as are
filed.
(ffect of
failure to
compl
with
re)uireme
nts
#he
failure of
the
petitioner
to comply
with any
of the
foregoing
re&uireme
nts
regarding
the
payment
of the
docket
and other
lawful
fees, the
deposit
for costs,
proof of
ser!ice of
the
petition,
and the
contents
of and the
document
s which
should
accompa
ny the
petition
shall be
sufficient
ground for
the
dismissal
thereof.
n)
#he failure of
the petitioner
to comply
with any of
the foregoing
re&uirements
regarding the
payment of
the docket
and other
lawful fees,
the deposit
for costs,
proof of
ser!ice of the
petition, and
the contents
of and the
documents
which should
accompany
the petition
shall be
sufficient
ground for
the dismissal
thereof. n)
#he failure
of the
petitioner
to comply
with any of
the
foregoing
re&uireme
nts
regarding
the
payment
of the
docket
and other
lawful
fees,
deposit for
costs,
proof of
ser!ice of
the
petition,
and the
contents
of and the
document
s which
should
accompan
y the
petition
shall be
sufficient
ground for
the
dismissal
thereof
(ffect of
Appeal
#he appeal
shall not stay
the award,
judgment,
final order or
resolution
sought to be
re!iewed
unless the
"ourt of
Appeals shall
direct
otherwise
upon such
terms as it
may deem
just.
Completio
n of the
*ecord
9here the record of
the docketed case is
incomplete, the clerk
of court of the "ourt
of Appeals shall so
inform said court and
recommend to it
measures necessary
to complete the
record. 3t shall be the
duty of said court to
take appropriate
action towards the
completion of the
record within the
shortest possible
time

Dispensin
# with
complete
record
9here the
completion of the
record could not be
accomplished within
a sufficient period
allotted for said
purpose due to
insuperable or
e$tremely difficult
causes, the court, on
its own motion or on
motion of any of the
parties, may declare
that the record and
its accompanying
transcripts and
e$hibits so far
a!ailable are
sufficient to decide
the issues raised in
the appeal, and shall
issue an order
e$plaining the
reasons for such
declaration. n)
Appellant+
s brief!
3t shall be the duty
of the appellant to
file with the court,
within forty'fi!e 40)
days from receipt of
the notice of the
clerk that all the
e!idence, oral and
documentary, are
attached to the
record, se!en 1)
copies of his legibly
typewritten,
mimeographed or
printed brief, with
proof of ser!ice of
two 8) copies
thereof upon the
appellee.
#he appellant<s
brief shall contain, in
the order herein
indicated, the
following:
a) A subject inde$ of
the matter in the
brief with a digest of
the arguments and
page references,
and a table of cases
alphabetically
arranged, te$tbooks
and statutes cited
with references to
the pages where
they are cited;
b) An assignment of
errors intended to be
urged, which errors
shall be separately,
distinctly and
concisely stated
without repetition
and numbered
consecuti!ely;
c) =nder the
heading B(tatement
of the "ase,B a clear
and concise
statement of the
nature of the action,
a summary of the
proceedings, the
appealed rulings and
orders of the court,
the nature of the
judgment and any
other matters
necessary to an
understanding of the
nature of the
contro!ersy with
page references to
the record; d) =nder
the heading
B(tatement of
@acts,B a clear and
concise statement in
a narrati!e form of
the facts admitted by
both parties and of
those in contro!ersy,
together with the
substance of the
proof relating thereto
in sufficient detail to
make it clearly
intelligible, with page
references to the
record;
e) A clear and
concise statement of
the issues of fact or
law to be submitted,
to the court for its
judgment;
f) =nder the
heading BArgument,B
the appellant<s
arguments on each
assignment of error
with page references
to the record. #he
authorities relied
upon shall be cited
by the page of the
report at which the
case begins and the
page of the report on
which the citation is
found; g) =nder
the heading BRelief,B
a specification of the
order or judgment
which the appellant
seeks; and
h) 3n cases not
brought up by record
on appeal, the
appellant<s brief shall
contain, as an
appendi$, a copy of
the judgment or final
order appealed from.
Appellee+s
brief
9ithin forty'fi!e 40)
days from receipt of
the appellant<s brief,
the appellee shall file
with the court se!en
1) copies of his
legibly typewritten,
mimeographed or
printed brief, with
proof of ser!ice of
two 8) copies
thereof upon the
appellant.
#he appellee<s brief
shall contain, in the
order herein
indicated the
following:
a) A subject inde$ of
the matter in the
brief with a digest of
the arguments and
page references,
and a table of cases
alphabetically
arranged, te$tbooks
and statutes cited
with references to
the pages where
they are cited;
b) =nder the
heading B(tatement
of @acts,B the
appellee shall state
that he accepts the
statement of facts in
the appellant<s brief,
or under the heading
B"ounter'(tatement
of @acts,B he shall
point out such
insufficiencies or
inaccuracies as he
belie!es e$ist 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) =nder the
heading BArgument,B
the appellee shall
set forth his
arguments in the
case on each
assignment of error
with page references
to the record. #he
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.
Appellant+
s repl
brief
9ithin twenty 8;)
days from receipt of
the appellee<s brief,
the appellant may
file a reply brief
answering points in
the appellee<s brief
not co!ered in his
main brief.
Time of
filin#
memorand
a in
special
cases!
3n certiorari,
prohibition,
mandamus, &uo
warranto and
habeas corpus
cases, the parties
shall file in lieu of
briefs, their
respecti!e
memoranda within a
non'e$tendible
period of thirty :;)
days from receipt of
the notice issued by
the clerk that all the
e!idence, oral and
documentary, is
already attached to
the record.
#he failure of the
appellant to file his
memorandum within
the period therefor
may be a ground for
dismissal of the
appeal.
Se%eral
appellants
or
appellees
or se%eral
counsel
for each
part!
9here there are
se!eral appellants or
appellees, each
counsel representing
one or more but not
all of them shall be
ser!ed with only one
copy of the briefs.
9hen se!eral
counsel represent
one appellant or
appellee, copies of
the brief may be
ser!ed upon any of
them
(,tension
of time for
filin#
briefs!
*$tension of time for
the filing of briefs will
not be allowed,
e$cept for good and
sufficient cause, and
only if the motion for
e$tension is filed
before the e$piration
of the time sought to
be e$tended. 50,
R4/)
-uestions
that ma
be raised
on appeal
9hether or not the
appellant has filed a
motion for new trial
in the court below he
may include in his
assignment of errors
any &uestion of law
or fact that has been
raised in the court
below and which is
within the issues
framed by the
parties.
A re!iew is
not a
matter of
right, but
of sound
judicial
discretion,
and will be
granted
only when
there are
special
and
important
reasons
thereof.
#he
following,
while
neither
controlling
nor fully
measuring
the court<s
discretion,
indicate
the
character
of the
reasons
which will
be
considere
d:
a) 9hen
the court a
&uo has
decided a
&uestion
of
substance,
not
theretofore
determine
d by the
(upreme
"ourt, or
has
decided it
in a way
probably
not in
accord
with law or
with the
applicable
decisions
of the
(upreme
"ourt; or
b) 9hen
the court a
&uo has
so far
departed
from the
accepted
and usual
course of
judicial
proceedin
gs, or so
far
sanctioned
such
departure
by a lower
court, as
to call for
an
e$ercise of
the power
of
super!isio
n.