Form and contents of Petition For Review.

1. Verified petition seven (7) legible copies,

2. With the original copy intended for the court being indicated as such by the petitioner,

3. Full names of the parties to the case, without impleading the lower courts or judges thereof either
as petitioners or respondents;

4. Specific material dates showing that it was filed on time;

5. Statement of the maters involved,

6. Issues raised,

7. Specification of errors of fact or law, or both, allegedly committed by the Regional Trial Court, and

8. Reasons or arguments relied upon for the allowance of the appeal;

9. Accompanied by clearly legible duplicate originals or true copies of the judgments or final orders of
both lower courts, certified correct by the clerk of court of the Regional Trial Court, the requisite
number of plain copies thereof and of the pleadings and other material portions of the record as would
support the allegations of the petition.

10. Verification and Anti-Forum Shopping Certification under oath

11. Affidavit of Service – Adverse parties. Lower Court.

12. CD of pleadings and annexes (PDF format)

13. Explanation

Action on the petition.—The Court of Appeals may require the respondent to file a comment on the
petition, not a motion to dismiss, within ten (10) days from notice, or 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. (n)

Contents of comment.— seven (7) legible copies,

1. Accompanied by certified true copies of such material portions of the record referred to therein
together with other supporting papers and

2. State whether or not he accepts the statement of matters involved in the petition;
3. Point out such insufficiencies or inaccuracies as he believes exist in petitioner’s statement of
matters involved but without repetition; and

4. State the reasons why the petition should not be given due course.

5. A copy thereof shall be served on the petitioner.

6. Affidavit of Service.

7. CD of pleading and annexes (PDF format).

8. Explanation.

9. Verification and AFS Certif optional/not mandatory.

Due course.—If the Court of Appeals 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, it may accordingly give
due course to the petition.

Elevation of record.—Whenever the Court of Appeals deems it 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.(n)

(b) Except in civil cases decided under the Rule on Summary Procedure, the appeal shall stay the
judgment or final order unless the Court of Appeals, the law, or these Rules shall provide other-wise.

Submission for decision.—

If the petition is given due course, the Court of Appeals may set the case

1. For oral argument

2. Or require the parties to submit memoranda within a period of fifteen (15) days from notice.

RULE 43 - APPEALS FROM THE COURT OF TAX APPEALS AND QUASI-JUDICIAL AGENCIES TO THE COURT
OF APPEALS
Scope.— Rule 43 applies to appeals from judgments or final orders of the:

1. Court of Tax Appeals and

2. Any quasi-judicial agency in the exercise of its quasi-judicial functions.

2.1. Civil Service Commission,

2.2. Central Board of Assessment Appeals,

2.3. Securities and Exchange Commission,

2.4. Office of the President,

2.5. Land Registration Authority,

2.6. Social Security Commission,

2.7. Civil Aeronautics Board,

2.8. Bureau of Patents, Trademarks and Technology Transfer,

2.9. National Electrification Administration,

2.10. Energy Regulatory Board,

2.11. National Telecommunications Commission,

2.12. Department of Agrarian Reform under Republic Act No. 6657,

2.13. Government Service Insurance System,

2.14. Employees Compensation Commission,

2.15. Agricultural Inventions Board,

2.16. Insurance Commission,

2.17. Philippine Atomic Energy Commission,

2.18. Board of Investments,

2.19. Construction Industry Arbitration Commission, and

2.20. Voluntary arbitrators authorized by law.

Cases not covered.— Rule 43 does not apply to judgments or final orders issued under the Labor Code of
the Philippines – i.e., Labor Arbiter, NLRC En Banc/Division.