Rule 40

1. Filing of notice of appeal

within 15 days from notice
of the judgment or final
order appealed from

Rule 41
1. Filing of notice of appeal
within 15 days from notice of
the judgment or final order
appealed from

Rule 42
1. Filing of verified petition for
review within 15 days from notice
of the judgment, final order, or
resolution appealed from or within
15 days from notice of the denial
of the petitioners motion for new
trial or reconsideration filed in due
time

2. Serve a copy of notice

to adverse party

2. Serve a copy of notice to

adverse party

2. Furnishing the RTC and the

adverse party with a copy of the
petition

3. Payment of appellate
court docket and other
lawful fees in court which
rendered the judgment or
final order appealed from
4. Within 15 days from
perfection, the clerk of
court of the lower court
shall transmit the original
record or record on appeal,
with transcript and
exhibits which he shall
certify as complete,
including proof of payment
of docket fees.

3. Payment of appellate court

docket and other lawful fees
in court which rendered the
judgment or final order
appealed from
4. Within 30 days after
perfection of all appeals, the
clerk of court shall verify the
correctness and completeness
of the records and if
incomplete, to take such
measures to complete such
records, certify to the
correctness of the records,
transmit them to the
appellate court, and to furnish
the parties with copies of his
letter of transmittal of records

Note: CA may grant an additional

period of 15 days within which to
file the petition for review. No
further extension shall be granted
except for the most compelling
reason and in no case to exceed
15 days.
3. Paying at the same time the
corresponding docket and other
lawful fees including P500 as
deposit for costs in the Court of
Appeals
4. Court of Appeals may either (1)
dismiss the petition or (2) require
the respondent to file a comment
within 10 days from notice.

Rule 45
1. Filing of verified petition for
review within 15 days from
notice of the judgment, final
order, or resolution appealed
from or within 15 days from
notice of the denial of the
petitioners motion for new
trial or reconsideration filed in
due time
2. Proof of service of a copy of
the petition on the lower court
concerned and the adverse
party shall be submitted
together with the petition
Note: SC may for justifiable
reasons grant an extension
of 30 days only within which
to file the petition.
3. Petitioner shall pay to the
clerk of court of the SC the
docket and other lawful fees
as well as the deposit in the
amount of P500 for costs
4. SC may either (1) dismiss
the petition or (2) require the
appellee to comment.

5. Clerk of Court of RTC

shall notify the parties of
receipt of the records.

6. Within 15 days from

such notice, appellant
must file a memorandum
and serve a copy thereon
to the appellee.
Within 15 days from
receipt of a copy of the
appellants memorandum,
appellee may file his
memorandum.
7. Case shall be submitted
for decision upon filing of
last memorandum or
expiration of the time to
file thereof.

to the appellate court.

5. Clerk of Court of CA shall
then docket the appeal and
notify the parties.

6. Within 45 days from receipt

of notice, appellant shall file a
brief with proof of service
upon the appellee.
Within 45 days from receipt of
the appellants brief, appellee
shall file his own brief with
proof of service. Within 20
days from receipt of
appellees brief, appellant
may file reply brief.
7. Case shall be deemed
submitted for decision upon
the filing of the last pleading
or memorandum required.

5. If CA finds prima facie that

lower court has committed an
error of fact or law that will
warrant a reversal or modification
of the judgment or order appealed
from, the CA may give due course
to the petition.
6. If CA gives due course to the
petition, it may set the case for
oral argument or require the
parties to submit memorandum
within 15 days from notice.

5. SC may require the filing of

such pleadings, briefs,
memoranda or the submission
of documents it may deem
necessary for purposes of
determining whether the
petition should be denied or
given due course.
6. If SC gives due course, it
may require an elevation of
the complete record of the
case or specified parts
thereof, within 15 days from
notice.

Note: CA may also order the

elevation of the records from the
RTC.

7. Case shall be deemed

submitted for decision upon the
filing of the last pleading or
memorandum required.

7. Case shall be deemed

submitted for decision upon
the filing of the last pleading
or memorandum required.