Notice of Appeal

I. Applicable Rules

A. Civil Procedure

a. Sections 39 and 22 of Batas Pambansa (B.P.) No. 129

"Sec 39. Appeals. - The period for appeal from final orders, resolutions, awards,
judgments or decisions of any court in all cases shall be fifteen (15) days counted
from the notice of the final order, resolution, award, judgment, or decision appealed
from: Provided, however, That in habeas corpus cases, the period for appeal shall be
forty-eight (48) hours from the notice of the judgment appealed from.

No record on appeal shall be required to take an appeal. In lieu thereof, the entire
original record shall be transmitted with all the pages prominently numbered
consecutively, together with an index of the contents thereof.

This section shall not apply in appeals in special proceedings and in other cases
wherein multiple appeals are allowed under applicable provisions of the Rules of
Court."

"Sec. 22. Appellate jurisdiction. - Regional Trial Courts shall exercise appellate
jurisdiction over all cases decided by MetTCs, MTCs and MCTCs in their respective
territorial jurisdictions. Such cases shall be decided on the basis of the entire record
of the proceedings had in the court of origin and such memoranda and/or briefs as
may be submitted by the parties or required by the RTCs. The decision of the RTCs
in such cases shall be appealable by petition for review to the CA which may give it
due course only when the petition show prima facie that the lower court has
committed an error of fact or law that will warrant a reversal or modification of the
decision or judgment sought to be reviewed."

b. Rule 40 - Appeal from the Municipal Trial Court to the Regional Trial Court

"Sec. 3. How to appeal. The appeal is taken by filing a notice of appeal with the
court that rendered the judgment or final order appealed from. The 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 timeliness of the
appeal.

A record on appeal shall be required only in special proceedings and in other cases
of multiple or separate appeals.

The form and contents of the record on appeal shall be as provided in section 6,
Rule 41.
 Copies of the notice of appeal, and the record on appeal where required, shall be
served on the adverse party. (n)"

c. Rule 41 - Appeal from the Regional Trial Court

"Section 2. Modes of appeal.

(a) Ordinary appeal. The appeal to the Court of Appeals in cases decided by the
Regional Trial Court in the exercise 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 serving a copy thereof upon the adverse party. No record on
appeal shall be required except in special proceedings and other cases of multiple
or separate appeals where law on these Rules so require. In such cases, the record
on appeal shall be filed and served in like manner.

(b) Petition for review. The appeal to the Court of Appeals in cases decided by
the Regional Trial Court in the exercise of its appellate jurisdiction shall be by
petition for review in accordance with Rule 42.

(c) Appeal by certiorari. In all cases where only questions of law are raised or
involved, the appeal shall be to the Supreme Court by petition for review
on certiorari in accordance with the Rule 45. (n)"

d. Rule 44 - Ordinary Appealed Cases - the rule governing cases appealed from the Regional
Trial Court to the Court of Appeals.

B. Criminal Procedure -

Rule 122, Section 3. How appeal taken -

"(a) The appeal to the Regional Trial Court, or to the Court of Appeals in cases
decided by the Regional Trial Court in the exercise 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 by serving a copy thereof upon the adverse party.

(b) xxx

(c) The appeal to the Supreme Court in cases where the penalty imposed by the
Regional Trial Court is death, reclusion perpetua, or life imprisonment, or where a
lesser penalty is imposed but for offenses committed on the same occasion or which
arose out of the same occurrence that gave rise to the more serious offense for which
the penalty of death, reclusion perpetua, or life imprisonment is imposed, shall be by
filing a notice of appeal in accordance with paragraph (a) of this section.

xxx"
II. A Notice of Appeal should be filed in the following instances:

A. Section 39 of B.P. 129: A Notice of Appeal shall be filed:

a. in ordinary civil cases

b. in habeas corpus cases

c. in Special Proceedings and Civil Actions where multiple appeal is allowed - the
Notice of Appeal shall be accompanied with a Record on Appeal

B. Under Rule 40:

"Section 1. Where to appeal. An appeal from a judgment or final order of a

Municipal Trial Court may be taken to the Regional Trial Court exercising
jurisdiction over the area to which the former pertains. xxx"

Exception: When the MTC is exercising its delegated jurisdiction to decide

cadastral and land registration cases, in which case, appeal from the decision of the
MTC should be filed with the Court of Appeals (Section 34, R.A. 7691)

C. Under Rule 41:

"Section 1: 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 appealable.xxx"

"Section 2. Modes of appeal.

(a) Ordinary appeal. The appeal to the Court of Appeals in cases decided by the
Regional Trial Court in the exercise 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 serving a copy thereof upon the adverse party. No record on
appeal shall be required except in special proceedings and other cases of multiple
or separate appeals where law on these Rules so require. In such cases, the record
on appeal shall be filed and served in like manner.

xxx"

Exceptions: There can be no appeal from:

a. An order denying a motion for new trial or reconsideration;

b. An order denying a petition for relief or any similar motion seeking relief from judgment;

c. An interlocutory order;
 d. An order disallowing or dismissing an appeal;

e. An 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 vitiating consent;

f. An order of execution;

g. A judgment or final order for or against one or more of several parties or in separate
claims, counterclaims, 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.

In all the above instances where the judgment or final order is not appealable, the aggrieved
party may file an appropriate special civil action under Rule 65. (n) (Section 1, Rule 41)

In all cases where only questions of law are raised or involved, the appeal shall be to the
Supreme Court by petition for review on certiorari in accordance with the Rule 45. (Section
3, Rule 41)

D. Under Rule 122: The Notice of Appeal shall be filed:

a. To appeal the judgement or final order of a Municipal Trial Court (MTC), Metropolitan
Trial Court (MeTC) to the Regional Trial Court (RTC);

b. To appeal the judgement or final order of the RTC, rendered in the exercise of its original
jurisdiction, to the Court of Appeals (CA);

c. The appeal to the Supreme Court in cases where the penalty imposed by the Regional
Trial Court is xxx, reclusion perpetua, or life imprisonment, or where a lesser penalty is
imposed but for offenses committed on the same occasion or which arose out of the same
occurrence that gave rise to the more serious offense for which the penalty of
xxx, reclusion perpetua, or life imprisonment is imposed. (Section 2 in relation to Section
3 of Rule 122)

III. When to File Notice of Appeal

A. Civil Actions in general - within fifteen (15) days after notice to the appellant of the
judgment or final order appealed from.

B. Special Proceedings - thirty (30) days after notice of the judgment or final order

C. Civil Actions where multiple appeals are allowed - thirty (30) days after notice of the
judgment or final order

D. Habeas Corpus Cases - 48 Hours from notice of judgement or final order

 E. Criminal Cases - within fifteen (15) days after notice to the appellant of the judgment or
final order appealed from.

Motion to Dismiss

IV. Applicable Rules - Rule 16 of the Rules of Court

V. A Motion to Dismiss should be filed in the following instances/Grounds:

a. That the court has no jurisdiction over the person of the defending party;

b. That the court has no jurisdiction over the subject matter of the claim;

c. That venue is improperly laid;

d. That the plaintiff has no legal capacity to sue;

e. That there is another action pending between the same parties for the same cause;

f. That the cause of action is barred by a prior judgment or by the statute of limitations;

g. That the pleading asserting the claim states no cause of action;

h. That the claim or demand set forth in the plaintiff's pleading has been paid, waived, abandoned,
or otherwise extinguished;

i. That the claim on which the action is founded is enforceable under the provisions of the statute
of frauds; and

j. That a condition precedent for filing the claim has not been complied with. (1a) (Section 1, Rule
16)

VI. When to File Motion to Dismiss

Rule 16, Section 1: "Grounds. Within the time for but before filing the answer to the complaint or
pleading asserting a claim, a motion to dismiss may be made on any of the following grounds: xxx"

Period to File: within 15 days from receipt of the summons and the complaint, the defendant should
file an answer or in lieu of an answer he may instead file a motion to dismiss based on the grounds
enumerated in section 1.