RULE 39

SEC.9: EXECUTION OF JUDGMENT OF MONEY, HOW ENFORCED:

A.

IMMEDIATE PAYMENT ON DEMAND:

Officer will enforce execution from judgment obligor (JOR) for immediate payment of

FULL amount & lawful fees

This is stated in the WRIT OF EXECUTION
JOR will pay in cash, certified bank check / another other acceptable form of payment

payable to judgment obligee (JOE)

Lawful fees handed through proper receipt to EXECUTING SHERIFF
Sheriff will turn over said amount WITHIN THE SAME DAY to CoC of court that issued

writ
If JOE / his rep is not present, payment will be made to sheriff
Sheriff will turn over all amounts within the same day to CoC
If not practicable, deposit to fiduciary account in the nearest government depository

B.

bank of RTC
CoC will arrange for the remittance of deposit to account of court
CoC will deliver said payment to JOE
Excess will be delivered to JOR
Lawful fees will be retained by CoC
Sheriff CANNOT demand that payment by check may be made payable to him
SATISFACTION BY LEVY:
LEVY officer sets apart or whole of the property of JOR for purposes of execution sale
If susceptible of appropriation, officer removes and takes property for safekeeping or

placed under sheriffs guards

Sale of property is VOID if no valid levy is made
JOR must be served with NOTICE OF LEVY
If no notice is served, defect is cured by service of NOTICE OF SALE prior to sale
If JOR cannot pay all / part in cash
Officer will levy upon JORs properties that can be disposed & not exempt from

execution
JOR has the option to choose which property can be levied upon
If JOR does not choose, officer shall FIRST: levy on PERSONAL properties, then SECOND:

REAL properties
Sheriff will only sell a sufficient portion of personal / real property
Real property, stocks, shares, debts, credits & other personal property can be levied

Includes: bank deposits, financial interests, royalties, commissions, other personal

property not capable of manual delivery in the possession of 3 rd parties

Made by serving notice upon the person owing such debts or having in his possession

such credits
Garnishment will cover only the amount & lawful fees
Garnishee will make a written report to court WITHIN 5 DAYS from service of the notice

of garnishment
States whether or not JOR has sufficient funds
If not: state amount of funds available
Cash or check issued in the name of the JOE will be delivered directly to JOE WITHIN 10

WORKING DAYS from service of notice

Lawful fees will be paid directly to court
If there are 2 or more garnishees, JOR have the option to indicate the garnishee/s who

will deliver
If JOR does not choose, JOE will choose the garnishee/s

SEC. 10: EXECUTION OF JUDGMENT FOR SPECIFIC ACTS:

A.

CONVEYANCE, DELIVERY OF DEEDS, OR OTHER SPECIFIC ACTS; VESTING TITLE:

Judgment directs a party to execute a conveyance of land or personal property / deliver

deeds or documents / perform specific act

If party fails to comply within specified time: court can direct the act to be done at the

cost of disobedient party

Court will appoint a person for act to be done
For real properties in the PH court can order divest of title from one party to another

B.

(will have the same effect of conveyance)

SALE OF REAL / PERSONAL PROPERTY:
Judgment will state to sell property, describing it and apply the proceeds in conformity

C.

with judgment
DELIVERY / RESTITUTION OF REAL PROPERTY:
Officer will demand the person against whom judgment of delivery / restitution is
rendered & all persons claiming rights under him to peaceably VACATE PROPERTY

WITHIN 3 WORKING DAYS

To restore possession to the JOE
Otherwise, officer will oust all persons with assistance
Costs, damages, rents / profits awarded by the judgment shall be satisfied in the same

D.

manner as judgment for money

DELIVERY OF PERSONAL PROPERTY:
Officer will take possession of same
Deliver it to party entitled
Satisfy any judgment for money

upon through a WRIT OF ATTACHMENT

C.

GARNISHMENT OF DEBTS & CREDITS:

GARNISHMENT act of appropriation of property INVOLVING MONEY by the court when

property of debtor is in the hands of 3rd persons

This merely sets apart such funds but does not constitute the creditor as owner of

garnished property
Not a violation of RA 1405 because it doesnt involve an inquiry of such deposit
Officer can levy on debts & credits of JOR

NOTES:

Specific acts are those in connection with the directive to party to execute a

OTHERS:

conveyance of land / deliver deeds or documents

Court doesnt have to enter judgment for such purpose
B-D: all involve performance of particular acts directed by a judgment
If party refuses, contempt is not proper remedy
REMEDY: sheriff will oust party from property
If demolition is involved: should have hearing on motion and due notice for issuance of

1.
2.
3.
4.
5.
6.

Property mortgaged to DBP

Property taken over by alien property administration
Savings of national prisoners deposited with postal savings bank
Backpay of pre-war civilian employees
Philippine government backpay to guerrillas
Produce, work animals, and farm implements of agricultural lessees, subject to

a special order under sec. 14

WRIT OF EXECUTION directing sheriff to cause defendant to vacate is in the nature of a

7.

limitations
Benefits from private retirement systems of companies and establishments, w/

HABERE FACIAS POSSESSIONEM

Authorizes sheriff without need for securing a break open order

8.

limitations
Labor wages, except for debts incurred for food, shelter, clothing, and medical

SEC. 11: EXECUTION OF SPECIAL JUDGMENTS

attendance
9. Benefit payments from SSS
10. Copyrights and other rights in intellectual property under the former copyright law
11. Bonds issued under RA 1000

Requires performance of any act OTHER THAN payment of money / delivery of real /

personal property
Certified copy of judgment will be attached to the writ of execution
Disobedience: punishable by CONTEMPT
SEC. 10: directs party to convey land, refusal to comply: court can appoint someone

NOTES:

Exemptions cannot be claimed if the judgment is for recovery of unpaid price of the

else to do the act for that person, not contempt

article involved or for the foreclosure of a mortgage thereon

Exemptions must be claimed otherwise they are deemed waived
It is not the duty of the sheriff to set off the exemptions on his own initiative
Usufructuary right of a widow over a lot is not a homestead, therefore not exempt

SEC. 12: EFFECT OF LEVY ON EXECUTION AS TO 3RD PERSONS

Will create a lien in favor of the JOE over the right, title and interest of JOR in such

property at the time of levy, subject to liens and encumbrances then existing
Attachment duly annotated on a certificate of title is SUPERIOR to the right of a prior

but unregistered buyer

It takes precedence over a notice of lis pendens which does not even create a lien
Act of registration is an operative act to convey or affect the land insofar as 3 rd persons

are concerned
Deemed to have constructive notice

SEC. 13: PROPERTY EXEMPT FROM EXECUTION

1.
2.
3.

Family home, homestead, land necessarily used in connection therewith

Ordinary tools and implements used in trade, employment, or livelihood
3 horses, cows, carabaos, or other beast of burden necessarily used in his ordinary

occupation
4. Necessary clothing and articles for ordinary personal use, except jewelry
5. Household furniture & utensils for housekeeping LESS than 100K
6. Provisions for individual or family use sufficient for 4 months
7. Professional libraries and equipment
8. 1 fishing boat & accessories LESS than 100K used in livelihood
9. Salaries, wages, or earnings to support family within 4 months preceding levy
10. Letter gravestones
11. Monies, benefits, privileges, or annuities accruing out of any life insurance
12. Properties specially exempt from execution

SEC. 14: RETURN OF WRIT OF EXECUTION

Writ is returnable to court IMMEDIATELY after judgment has been satisfied in part / in

full
If judgment cannot be satisfied in full within 30 DAYS after his receipt of writ, officer will

report to court and state the reason

Writ will continue effect during the period within which the judgment may be enforced

by motion
Officer will make a report to court EVERY 30 DAYS on the proceedings until judgment is

satisfied in full or effectivity expires

Returns / periodic reports will be filed with court and copies will be furnished to parties
Lifetime of writ: WITHIN 5 YEARS from entry thereof judgment becomes dormant and
is subject to revival action

SEC. 15: NOTICE OF SALE OF PROPERTY OF EXECUTION

RULES BEFORE SALE OF PROPERTY: Notice must be given
A.

PERISHABLE PROPERTY:
Post written notice of the time and place of sale
In 3 public places, conspicuous areas of municipal or city hall, post office and public

B.

market in the municipality / city where sale is to take place

OTHER PERSONAL PROPERTY:

C.

Post notice in 3 public places

Not less than 5 days
REAL PROPERTY:
Posting for 20 days
In 3 public places
Particularly describing the property
Stating where the property is to be sold
If assessed value is ABOVE 50K, publish copy of notice once a week for 2 consecutive

weeks in 1 newspaper selected by raffle / general circulation in the province or city

NOTES:

Notice should be given to the JOR

At least 3 days before sale
XPN: in A, where notice is given at any time before sale
Notice will specify the place, date, and exact time of sale
Not earlier than 9AM, not later than 12NN
Place of sale may be agreed upon
If no agreement & sales is property not capable of manual delivery, sale will be held in

court of CoC of RTC / MTC which issued writ / designated by appellate court
If property is capable of manual delivery, sale will be held in the place where the
property is located

a bond to answer for damages that may be incurred as a consequence of execution

o
But if sheriff proceeds without such bond, he will be personally liable for damages
If 3rd party claim is contested, court can fix the value of property claimed by 3 rd person
o
So that a bond equal to such value may be posted by the judgment creditor (JCR)
o

to indemnify sheriff of liability

If sheriff erroneously seizes property of 3rd person, court, upon latters application

and after summary hearing, may order release of property

If 3rd party claimant does not persuade the court of his title or right, his remedy is

resorted to before or without availment of the recourses above

If 3rd party claim has been disregarded by sheriff because of bond filed by prevailing
party, remedy: file INDEPENDENT REINVINDICATORY ACTION against the JCR /

purchaser at public auction

Rights of 3rd party claimant should not be decided in the action where the 3 rd party
claims are presented
o
Should be in a separate action which the court should direct the claimants to file

SEC. 16: PROCEEDINGS WHERE PROPERTY CLAIMED BY 3 RD PERSON

If property is claimed by any person other than JOR / his agent

3rd person has to make an affidavit of his title or right to possession
State grounds of such title or right
Serve to officer making the levy and copy to JOE
GR: Officer is not bound to keep the property
XPN: when JOE, on demand of the officer, files a bond approved by court to indemnify

the 3rd-party claimant in a sum not less than the value of the property levied upon
In case of disagreement of value: to be determined by court issuing the writ
No claim for damages for taking / keeping may be enforced against the bond unless

action is filed
Within 120 DAYS from the date of filing of bond
Officer is NOT liable for damages arising from taking / keeping property
Nothing shall prevent 3rd-party claimant from vindicating his claim to the property in a

SEPARATE ACTION
Nothing shall prevent JOE from claiming damages in the same or separate action

against the 3rd party claimant who filed frivolous / plainly spurious claim
If writ of execution is issued in favor of the Republic of the PH: filing of bond NOT

needed
If sheriff is sued for damages due to levy: he will be represented by SolGen
If held liable: actual damages shall be paid by the National Treasurer out of such funds

NOTES:

Sheriff can be liable if damages arise from acts not connected with his official duty
If 3rd party claim has been filed, prevailing party can compel sheriff to proceed by filing

may be tried by a different branch of the same court / another court

Action for damages upon the bond filed by the JCR: surety must be impleaded
If not, judgment cannot be enforced against the bond
o
Action vs. surety is binding upon the principal if the latter had knowledge thereof
and an opportunity to participate in the defense
JOR / his agent can vindicate claim to the property by any proper auction
o
Action is entirely separate and distinct from that in which execution has issued
o
But if claim of impropriety in the execution proceedings is made by a PARTY TO
ORIGINAL ACTION (not a stranger), any relief may be applied for with and obtained

from only the executing court

A person other than JOR may file separate action over said properties even if the
sheriffs levy on the properties on execution is VOID
o
Issue as to whether or not there was an illegal levy on properties can be filed in a
SEPARATE ACTION
Remedies of 3rd party claimant:
a. Summary hearing before court which authorized execution
b. Terceria or 3rd party claim filed with sheriff
c. Action for damages on the bond posted by JCR
d. Independent reinvindicatory action
These are cumulative and can be resorted to by a 3rd party independently / separately
o
If he opts to file proper action to vindicate his claim of ownership, he must institute
o

an action, distinct and separate from that in which the judgment is being enforced
Validity of title of the 3rd party claimant shall be resolved in said action and a WRIT

OF PRELIMINARY INJUNCTION issued against the sheriff

If a claim arises out of attachment proceedings and replevin suits, it can be litigated in

the same action involved or in a separate suit

JUDGMENT HERE IS FINAL AND EXECUTORY

Rules 57 & 60: actions still pending in the trial court

Spouse who is not a party to a suit but owner of conjugal property = not a stranger
o
XPN: separate and independent action is allowed when it involves EXCLUSIVE &

PARAPHERNAL PROPERTY OF SPOUSE who was not a party to the case the
judgment wherein was sought to be executed
SEC. 17: PENALTY FOR SELLING WITHOUT NOTICE / REMOVING / DEFACING NOTICE

Officer selling without notice penalty: 5K to injured person in addition to his actual

damages
o
Both to be recovered by motion in the same action
Person wilfully removing / defacing notice before sale penalty: 5K

NOTES:

VOID SALE:
1. Sale without required notice

Officer is liable for damages

Creditor will be solidarily liable as a tortfeasor

2. Execution sale made on the date after that fixed in the notice
3. Where posting requirements are not complied with

material
SEC. 20: REFUSAL OF PURCHASER TO PAY

NOTES:

SEC. 19: HOW PROPERTY SOLD ON EXECUTION; WHO MAY DIRECT MANNER &
ORDER OF SALE

All sales of property under execution must be made:

1. At a public auction
2. To the highest bidder
3. To start at the exact time fixed in the notice
Any excess property or proceeds of sale after sufficient sale should be delivered to the
JOR / his agent
o XPN: by order of court
IF REAL PROPERTY:
o
Consisting of several lots must be sold separately
o
If a portion is claimed by 3rd person may require to be sold separately
IF PERSONAL PROPERTY CAPABLE OF MANUAL DELIVERY:
o Must be sold within view of those attending the same
o In such parcels as are likely to bring highest price
o JOR may choose which property will be sold
Officer / deputies cannot buy the properties
Seller of goods who exercises the right to resale cannot buy the properties

NOTES:

Measure of damages to which JCR is entitled:

o Difference between the amount which would have been realized were it not for the
o
o
o

If JOR paid the amount of judgment = NO writ of execution may be issued or

implemented, thus NO SALE

Officer may again sell the property to the highest bidder

o He will not be responsible for any loss
Court may order the refusing purchaser to pay into the court the amount of loss, with
costs
o
He can also be punished by CONTEMPT if he disobeys

SEC. 18: NO SALE IF JUDGMENT AND COSTS PAID

JCR can bid and purchase at the auction

Other people not allowed to buy under Art. 1491
Remedy vs. irregular sale:
o MOTION TO VACATE / SET ASIDE THE SALE
o To be filed in court which issued the writ
o Rule does not apply to conventional sales
o In execution sales, if there is a right to redeem, mere inadequacy of price is not

illegal intervention
And total amount which he actually recovered on the judgment from all sources
Including amount actually realized at the auction sale
Plus expenses incurred as consequence of illegal intervention

SEC. 21: JUDGMENT OBLIGEE AS PURCHASER

When no 3rd party claim has been filed

JOE need not pay the amount of bid if it doesnt exceed the amount of judgment
If it does, shall only pay the excess

SEC. 22: ADJOURNMENT OF SALE

Through a written consent of JOR & JOE / their representatives

Officer may adjourn the sale to any date & time agreed upon by them
If there is no agreement, he may adjourn the sale from day to day if it becomes
necessary to do so for lack of time to complete the sale on the day fixed

NOTES:

Officer cannot adjourn sale to another date unless with the written consent of the

parties
When there is a 3rd party claim, judgment creditor must pay his winning bid in cash
Writ of execution in an EJECTMENT CASE can be enforced on a Saturday afternoon /
after office hours

SEC. 23: CONVEYANCE TO PURCHASER OF PERSONAL PROPERTY CAPABLE OF

MANUAL DELIVERY

If purchaser pays the purchase price, officer shall:

o
Deliver the property to purchaser
o
Execute and deliver certificate of sale
Sale conveys to the purchaser all the rights which the JOR had in such property

SEC. 28: TIME & MANNER OF, AMOUNTS PAYABLE ON, SUCCESSIVE REDEMPTIONS,
NOTICE TO BE GIVEN & FILED
PERIOD OF REDEMPTION:

SEC. 24: CONVEYANCE TO PURCHASER OF PERSONAL PROPERTY NOT CAPABLE OF

MANUAL DELIVERY

If purchaser pays the purchase price, officer shall:

o
Execute and deliver certificate of sale
Sale conveys to the purchaser all the rights which the JOR had in such property

PURCHASER & FILED WITH REGISTRY OF DEEDS

JUDGMENT OBLIGOR
JOR has 1 year from registration of cert.
of sale

Once he redeems, no further redemption

is allowed

SEC. 25: CONVEYANCE OF REAL PROPERTY; CERTIFICATE THEREOF GIVEN TO

o By paying the debt, he stands in the place of the creditor, not JOR
Right of redemption cannot be levied on the JCR
o The JOR may legally sell his right of redemption

Officer must give to the purchaser a certificate of sale containing:

a. Particular description of real property sold
b. The price paid for each distinct lot or parcel
c. Whole price paid by him
d. Statement that the right of redemption expires 1 year from the date of the

registration of certificate of sale

Certificate has to be registered in the registry of deeds of place where property is

PAYMENT:
o Tender of redemption of money may be made to purchaser / sheriff
o If to sheriff he has to accept
MEDIUM OF PAYMENT:
o
Cash, certified bank check
o
If check is dishonored, redemption is INVALID
o
If check becomes stale for not being presented though no fault of redemptioner,

located
SEC. 26: CERTIFICATE OF SALE WHERE PROPERTY CLAIMED BY 3RD PERSON

Certificate of sale to be issued shall make EXPRESS MENTION of existence of such 3

party claim
RIGHT OF REDEMPTION:
1. Personal property none, sale is absolute
2. Real property there is a right of redemption

redemption is VALID
rd

AMOUNTS PAYABLE ON REDEMPTION:

JUDGMENT OBLIGOR

SEC. 27: WHO MAY REDEEM REAL PROPERTY SOLD

JUDGMENT DEBTOR
JOR or his successor in interest
(transferee, assignee, heirs, joint debtors)

Within 1 year from the date of registration

of the certificate of sale

REDEMPTIONER
One who has a lien by virtue of another
attachment, judgment or mortgage on
property SUBSEQUENT to the lien under
which the property was sold
1.
2.

A surety is NOT a successor in interest

Within 1 year from the date of

registration of the certificate of sale
Within 60 days from the last
redemption by another redemptioner

REDEMPTIONER
1st redemptioner has 1 year to redeem
2nd redemptioner has 60 days to redeem
after 1st redemption
3rd redemptioner has 60 days after 2nd,
etc.
Further redemption allowed even after
lapse of 1 year, as long as each
redemption is made w/in 60 days after
the last

If he redeems from the purchaser:

-

Purchase price + 1% interest +

assessment or taxes

REDEMPTIONER
If he redeems from the purchaser:
-

If he redeems from redemptioner:

-

Redemption price + 2% interest +

assessment or taxes

Same as JOR
Amount of lien, if purchaser also
creditor w/ prior lien

If he redeems from redemptioner:

-

Same as JOR
Amount of liens held by last
redemptioner prior to his own, w/
interest

SEC. 29: EFFECT OF REDEMPTION BY JUDGMENT OBLIGOR, & A CERT. TO BE

DELIVERED & RECORDED THEREUPON, TO WHOM PAYMENTS ON REDEMPTION
MADE

If JOR redeems, no further redemption is allowed

o The person to whom redemption was made must execute and deliver to the JOR a
certificate of redemption
Payments may be made to the purchaser, redemptioner or sheriff
Redemption can be paid in other forms other than cash
o Rule is construed liberally allowing redemption and it has been allowed to in the case
of a cashiers check, certified bank checks and even checks
A formal offer to redeem is NOT necessary where the right to redeem is exercised
through the filing of a complaint to redeem in the courts, within the period to redeem

SEC. 30: PROOF REQUIRED OF REDEMPTIONER

PROOF REQUIRED:
JUDGMENT OR FINAL ORDER
No proof required
Right of redemption appears on required

REDEMPTIONER
If based on judgment or final order:
Must serve copy of judgment or final
order, certified by CoC
If based on mortgage or other lien, must
serve:
Memorandum of record, or any
assignment
Affidavit, showing amount due on
lien

Failure to produce proof by redemptioner is waived by refusal on other grounds

Validity of redemption not affected by failure to present proof
o If person to whom redemption was offered accepts without requiring proof VALID

RULE 40: APPEAL FROM MTC TO RTC

SEC. 2: WHEN TO APPEAL:

Within 15 days:
o
After notice to appellant of the judgment or final order appealed from
Within 30 days:
o
If record on appeal is required
o
Appellant needs to file a notice of appeal and a record on appeal
o
After notice of judgment or final order
Period of appeal will be interrupted by a timely motion for new trial or reconsideration
(NT/R)
o
NOTES:
In RA 7691: MTC has probate jurisdiction where gross value of estate is 100K / 200K
below
Reglementary periods of appeal, same with RTC
SEC. 3: HOW TO APPEAL:
File notice of appeal with court that rendered judgment or final order appealed from
Should indicate:
o
Parties to the appeal
o
Judgment or final order or part thereof appealed from
o
Material dates showing timeliness of the appeal
Record on appeal is required:
o
In special proceedings
o
In other cases of multiple or separate
Form and contents: Sec. 6, Rule 41
Copies of notice of appeal + record on appeal (if required) should be served to
adverse party
NOTES:
Last mentioned requirement is the same as the MATERIAL DATA RULE applicable to
records on appeal with respect to contents thereof

SEC. 1: WHERE TO APPEAL:

Appeal from a judgment or final order of MTC can be taken to RTC

RTC should have jurisdiction over the area to which the former pertains
Title remains the same
Party appealing: appellant
Adverse party: appellee

No motion for extension of time to file motion for NT/R will be allowed

SEC. 4: PERFECTION & EFFECT OF APPEAL:

Governed by Sec. 9, Rule 41
SEC. 5: APPELLATE COURT DOCKET AND OTHER LAWFUL FEES:
Payment of FULL AMOUNT of court docket and other lawful fees should be done

NOTES:
SC defines the territory over which branch of RTC shall exercise its territory
Territory: determines the lower courts over which said branch may exercise appellate
jurisdiction

o
o

WITHIN THE PERIOD FOR TAKING AN APPEAL

Pay to CoC of court which rendered judgment or final order
Proof of payment will be transmitted to appellate court together with original
record or record on appeal

 If appeal is taken from order of lower court dismissing the case WITHOUT a trial on

NOTES:
Non-payment does NOT automatically result in dismissal of appeal or affect appellate
o
o
o

jurisdiction of Court of First Instance

Dismissal is discretionary in the appellate court if there are justifications for it
Failure to pay is ground for dismissal of appeal in CA and SC
But it is NOT MINISTERIAL DUTY of court to dismiss appeal due to non-payment

XPN: if there is failure to file notice of appeal or record on appeal WITHIN the

reglementary period
Strict application of the rule on payment of fees in CA should be adopted
o
Payment of fees WITHIN the prescribed period is MANDATORY
SEC. 6: DUTY OF CLERK OF COURT:
Within 15 days from perfection of appeal:
o
CoC has to transmit the original record or record on appeal
o
With transcripts and exhibits
o
Certified by him as complete
o
Sent to proper RTC
o
Copy-furnish of certification to parties

SEC. 7: PROCEDURE IN RTC:

Upon receipt of complete record or record on appeal:
o
CoC of RTC will notify parties
Within 15 days from such notice:
o
Appellant has to submit memorandum

Briefly discuss errors imputed to the lower court

o
Copy-furnish to adverse party
Within 15 days from receipt of appellants memorandum:
o
Appellee MAY file memorandum
Failure of appellant to file memorandum is ground for dismissal of appeal
Upon filing appellees memorandum or expiration of period to do so:
o
Case is considered submitted for decision
o
RTC will decide the case
o
Based on the entire record of the proceedings from court of origin
o
Memoranda are filed
NOTES:

the merits
RTC may AFFIRM:

If ground of dismissal is lack of jurisdiction over subject matter

If RTC has jurisdiction

RTC shall try the case on the merits as if the case was originally filed with it
o
RTC may REVERSE:

Case will be remanded for further proceedings

If case was tried on the merits by the lower court WITHOUT jurisdiction over subject
o

o
o
o

matter:
RTC on appeal will NOT dismiss the case if it has original jurisdiction
It will decide the case
Without prejudice to the admission of amended pleadings and additional
evidence in the interest of justice

NOTES:
1st paragraph:
o
if case was not tried on the merits but was dismissed on technical objection or
question of law
o
or where case was dismissed for improper venue on defendants motion
o
Or for prescription
o
Since there was no trial, RTC can affirm or reverse order of dismissal
Where question of law involves lack of jurisdiction over subject matter & RTC has
jurisdiction:
o
Shall try the case on merits as if the case was originally filed with it
o
Consent of parties is NOT REQUIRED
o
Optional on the parties to submit to original jurisdiction or not
RTC assumes original jurisdiction over case without need for consent from parties
o
Parties are allowed to file amended pleadings
o
Adduce additional evidence at the trial of the case in the RTC
SEC. 9: APPLICABILITY OF RULE 41:
Provisions of Rule 41 will apply to appeals since they are consistent with or may serve
to supplement provisions of this rule
NOTES:
For background materials or referential bases regarding appeals from the decisions of

Notice should be sent to attorney, but if submitted to party himself is still considered
valid and binding
SEC. 8: APPEAL FROM ORDERS DISMISSING CASE WITHOUT TRIAL; LACK OF
CONSIDERATION:

o
o

the inferior courts, appellate procedure if further appeal to IAC is:

In actions originally filed in the MTC to RTC
Final judgments or orders of RTC may be appealed by PETITION FOR REVIEW to
IAC

Only when petition shows prima facie that lower court committed an error of fact
or law that will warrant a reversal or modification of the decision or final order

sought to be reviewed
o
Petition for review is governed by Resolution of the CA
MODES AND PERIODS OF APPEAL:
A. ORDINARY APPEALS BY MERE NOTICE OF APPEAL:
o
No extension of time to file such a notice of appeal is needed and allowed
o
The 15-day period for appeal is INTERRUPTED by a motion for NT/R
XPN: when motion fails to satisfy requirements of Rule 37
If motion for NT/R is DENIED: moving party has only the remaining period from
notice of denial within which to file notice of appeal
o
Ordinary appeal from final order of MTC RTC, RTC CA (originally filed in RTC)
B. APPEALS IN SPECIAL PROCEEDINGS & MULTIPLE APPEALS:
o
Motion for extension of time to file the record on appeal may be granted to file

RULE 41: APPEAL FROM RTC

SEC. 1: SUBJECT OF APPEAL:
NO APPEAL MAY BE TAKEN FROM:
1. Order denying a petition for relief or any similar motion seeking relief from
2.

record on appeal
o
Period of appeal is 30 days, a record on appeal being required
C.APPEALS BY PETITION FOR REVIEW TO CA:
o
It may be necessary to file a motion with CA for extension of time to file petition
for review
Appeal to CA through PETITION FOR REVIEW
Or to RTC through PETITION FOR REVIEW ON CERTIORARI under Rule 45
15-day period for filing petition for review
If motion for reconsideration is filed and denied by RTC
Movant has only the remaining period to file petition for review
D. APPEALS FROM QUASI-JUDICIAL BODIES TO CA:
o
No extension of time to file notice of appeal is needed or allowed
o
File NOTICE OF APPEAL with CA
o
With quasi-judicial body within 15 days from notice of ruling, award, decision /

3.

with SC within the reglementary period, plus payment of docket fee

o
Copy-furnish to adverse party and lower court
F. PERIOD OF EXTENSION OF TIME TO FILE PETITION FOR REVIEW:
o
Beginning one month after promulgation of decision
o
Extension of only 15 days for filing petition for review may be granted by CA
XPN: meritorious cases

assails such denial or dismissal

Order denying a motion to set aside a judgment by consent, confession or
compromise on the ground of fraud, mistake or duress, or any other ground

notice of resolution denying the motion for reconsideration

E. APPEALS BY CERTIORARI TO SC:
o
If a motion for reconsideration is filed and denied, period of 15 days begins to
o
o
o
o
o

or mandamus
Where order appealed is interlocutory: appellate court can dismiss appeal

even if there is no objection from appellee

Order disallowing / dismissing an appeal

Appellate court must be apprised of the merit of the case of the party who

4.

judgment
In a motion for reconsideration filed within said period, then within 10 days from

run again from notice of denial

PETITION FOR REVIEW ON CERTIORARI under Rule 45
File to RTC, IAC, Sandiganbayan
Within 15 days from notice of judgment or denial of motion
Payment of docket fees within said period
A motion for extension of time to file motion for review on certiorari may be filed

done in the trial court on the merits of the case

Order is final if it disposes of the entire case
Movant has to wait for the judgment and the appeal from the judgment
He can assign as error the said interlocutory order
It cannot be appealed separately from the judgment
GR: where interlocutory order was rendered without or in excess of
jurisdiction or with grave abuse of discretion, REMEDY: certiorari, prohibition,

o
o
o
o

judgment
Interlocutory order

Order which does not dispose of the case but leaves something else to be

vitiating consent
The rules purpose is to enable the appellate court to determine not only the
existence of any of the four grounds relied upon, but also and primarily the

5.
6.

merit of the petitioners cause of action or defense

If one of the grounds exists:
- The petitioner has either a good cause of action or defense
- It will reverse the denial / dismissal
- Set aside the judgment in the main case
- Remand the case to the lower court for new trial
Order of execution
Judgment or final order for or against or more of several parties or in separate
claims, counterclaims, cross-claims, and 3rd party complaints, while main case

7.

is pending unless the court allows an appeal therefrom

Order dismissing action without prejudice

Refers to several or separate judgments in Rule 36

Appeals therefrom are not absolutely prohibited

Depends upon the circumstances of the case and the sound discretion of
court

 In any of these instances, aggrieved party may file an appropriate special civil action
o
o

under Rule 65
Petition for certiorari or prohibition
Petition for mandamus in the case of an order disallowing or dismissing an
appeal

NOTES:
Where defendant has been improperly declared in default and has perfected his
appeal from the judgment by default, he can still avail of CERTIORARI to prevent
the carrying out of the writ of execution improperly issued by trial court
It doesnt mean that in such appeal the appellate court may reverse and modify said
judgment on the merits since the judgment involved is already final and executory
Final and executory judgment of lower court shall not be reversed or modified but if
the requirements for relief are present, such judgment shall be set aside by the
higher court handling the certiorari case, which will also hear and decide the same
If the petition for relief which was denied is against the order disallowing an appeal,
while review thereof shall now be through a petition for mandamus
SEC. 2: MODES OF APPEAL:
1. ORDINARY APPEAL:

From RTC (original jurisdiction) appealing to CA:

File NOTICE OF APPEAL with court that rendered judgment
Serve a copy upon adverse party
Record on appeal is only required in special proceedings / multiple or separate
appeals
Referred to as appeal by writ of error due to the requirement that the brief
filed for that purpose must contain an assignment of errors
2. PETITION FOR REVIEW:

From RTC (appellate jurisdiction) appealing to CA:

File PETITION FOR REVIEW under Rule 42
3. APPEAL BY CERTIORARI:

Appeal to SC
Cases where only questions of law are raised or involved
File PETITION FOR REVIEW ON CERTIORARI under Rule 45
SEC. 3: PERIOD OF ORDINARY APPEAL; APPEAL IN HABEAS CORPUS:
Within 15 days from notice of judgment or final order appealed from
Within 30 days from notice of judgment or final order if needed to file notice of appeal
+ RECORD ON APPEAL
Within 48 hours from notice of judgment or final order appealed from if appeal in
HABEAS CORPUS case
Period of appeal will be INTERRUPTED by a timely motion for NT/R
Motion for extension of time to file is not allowed

NOTES:
Reglementary period for appeal from notice of judgment or order, or any subsequent
amendment thereof
Period to appeal may be extended but at the discretion of the court
Mere filing and pendency of the motion for extension of time to perfect the appeal
does not suspend the running of the reglementary period
In case it is granted and court fails to state when extension should start to run:
should be joined to the original period following the expiration thereof
If the order granting the extension is issued and notice is served after the expiration
of the period fixed by law, extension must be computed from date of notice or
order granting it
Filing motion doesnt suspend running of the period for perfecting appeal
Appellant has the duty to ascertain the status of his motion, for if no action is taken /
denied after lapse of the period, RIGHT TO APPEAL IS LOST
Filing an appeal beyond the reglementary period has been allowed in the exercise of
equity jurisdiction of the courts
Application of the fresh-period rule
SEC. 4: APPELLATE COURT DOCKET AND OTHER LAWFUL FEES:
Fees shall be paid within the period of taking an appeal
Paid to clerk of court of court which rendered judgment
Proof of payment + original record / record on appeal will be transmitted to appellate
court
SEC. 5: NOTICE OF APPEAL:
Should indicate the following:
o
Parties to the appeal
o
Judgment or final order
o
Court which appeal is being taken
o
Material dates showing timeliness of appeal
SEC. 6: FORM & CONTENTS OF RECORD ON APPEAL:
State full names of all parties in the caption
Include judgment or final order in chronological order
Include copies of only such pleadings, petitions, motions and all interlocutory orders
for proper understanding of issue involved
Data showing that appeal was perfected on time
If ISSUE OF FACT is to be raised on appeal:
o
Include by reference all evidence, testimonial and documentary taken
o

upon the issue involved

Reference should specify the documentary evidence by exhibit numbers
or letters in chronological order

o
Testimonial evidence by names of corresponding witnesses
If WHOLE TESTIMONIAL and DOCUMENTARY EVIDENCE is to be included:
o
A statement to that effect is sufficient
o
No need to mention names of witnesses or exhibit numbers / letters
Every record on appeal exceeding 20 pages must contain a subject index

o
o
o

Permit appeals of indigent litigants

Order execution pending appeal
Allow withdrawal of appeal

SEC. 10: DUTY OF CLERK OF COURT OF LOWER COURT UPON PERFECTION OF

APPEAL:
Within 30 days after perfection of all appeals:
1. Verify the correctness of the original record or the record on appeal, make a
certification of its correctness
2. Verify the completeness of the records that will be transmitted to the appellate

SEC. 7: APPROVAL OF RECORD ON APPEAL:

Upon filing of record on appeal for approval:
o
If no objection is filed by appellee within 5 days from receipt of copy
o
Trial court may approve it as presented
o
Or upon its own motion or at the instance of the appellee
Can direct amendment by the inclusion of any omitted matters which are deemed

court
3. If incomplete: take such measures as may be required to complete the records,
availing of the authority that he or the court may exercise for this purpose
4. Transmit the records to the appellate court
5. If efforts to complete the records fail:
a. Indicate in his letter of transmittal the exhibits or transcripts not

essential to determine the issue of law or fact involved

If trial court orders the amendment of record:
o Appellant shall redraft the record by including additional matters as the court may
o
o

have directed him to incorporate, in chronological order

Submitted redrafted record for approval, upon notice to the appellee
Must be done within the time limited in the order or when such extension is

granted
Or if no time is fixed: within 10 days from receipt

included in the records being transmitted to the appellate court

b. Indicate reasons for non-transmittal
c. Indicate steps taken or that could be taken to have them available
6. Copy-furnish parties
SEC. 11: TRANSCRIPT:
Upon perfection of appeal:
o
Clerk shall immediately direct the stenographers to attach to the record of the

SEC. 8: JOINT RECORD ON APPEAL:

Where both parties are appellants:
o
May file a joint record on appeal
o
Within the time fixed in Sec. 3 or that fixed by the court
SEC. 9: EFFECT OF PERFECTION OF APPEAL:
Appeal by NOTICE OF APPEAL:
o
Deemed perfected: upon FILING of notice of appeal in due time
o
Court loses jurisdiction: OVER THE CASE upon perfection of appeals filed in due
time and the expiration of time to appeal of other parties
Appeal by RECORD ON APPEAL:
o
Deemed perfected: upon APPROVAL of the record on appeal filed in due time
o
Court loses jurisdiction: ONLY OVER THE SUBJECT MATTER upon approval of
record on appeal filed in due time and expiration of time to appeal of other
parties
In either case:
o
Prior to the transmittal of the original record or record on appeal
o
Court may issue orders for the protection and preservation of the rights of
o

the parties which do not involve any matter of litigated by the appeal
Approve compromises

o
o

case 5 COPIES of the transcripts of the testimonial evidence

Stenographers will transcribe such testimonial evidence
Will prepare and affix to their transcripts an index containing the names of

witnesses and the page wherein their testimonies are found

List of exhibits and the pages wherein each of them appears to have been

offered and admitted or rejected by the trial court

Transcripts will be transmitted to the clerk of trial court who will arrange the
same in the order which the witnesses testified at the trial and number the
pages consecutively

SEC. 12: TRANSMITTAL:

Clerk will transmit to appellate court

Within 30 days from perfection of appeal
Together with the proof of payment
Certified true copy of the minutes of proceedings
Order of approval
Certificate of correctness
Original documentary evidence referred to
Original and 3 copies of transcripts

 Copies of transcripts and certified true copies of the documentary evidence will
remain in the lower court for examination of parties.
SEC. 13: DISMISSAL OF APPEAL:
Prior to transmittal, court may motu proprio, or on motion, dismiss appeal for nonpayment of docket and other lawful fees within the reglementary period

SEC. 42: PETITION FOR REVIEW FROM THE REGIONAL TRIAL COURTS
SEC. 1: HOW APPEAL IS TAKEN; TIME FOR FILING:
If party wants to appeal from RTC (appellate jurisdiction) to CA
o
File verified PETITION FOR REVIEW
o
Pay docket and other lawful fees
o
Deposit 500.00 for costs
o
Copy furnish petition to RTC and adverse party
Filed and served within 15 DAYS from notice of decision
Sought to be reviewed or of denial of petitioners motion for NT/R filed in due time
after judgment
Upon proper motion and payment of fees, CA can grant additional period of 15 days
to file petition for review
No extension to for time to file is allowed
o
XPN: for compelling reasons
o
Should also not exceed 15 days