Sie sind auf Seite 1von 6

above) and

2. Record on appeal.

RULE 41 - APPEAL FROM THE REGIONAL TRIAL COURTS TO THE COURT OF APPEALS.

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 appealable.

No appeal may be taken 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)

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 the law or 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 Rule 45. (n)

Rule 41, Appeal from RTC to CA.-

Notice of appeal. 15 days. Pay appeal fees to RTC OCC.

1. Parties to the appeal,

2. Judgment or final order or part thereof appealed from,

3. The court to which the appeal is being taken, and

4. Material dates showing the timeliness of the appeal.

Record on appeal; form and contents thereof

1. Full names of all the parties to the proceedings shall be stated in the caption of the record on
appeal.

2. Judgment or final order from which the appeal is taken and,

3. In chronological order, copies of only such pleadings, petitions, motions and all interlocutory orders
as are related to the appealed judgment or final order for the proper understanding of the issue
involved, together with such data as will show that the appeal was perfected on time.

4. If an issue of fact is to be raised on appeal, the record on appeal shall include by reference all the
evidence, testimonial and documentary, taken upon the issue involved.

5. The reference shall specify the documentary evidence by the exhibit numbers or letters by which it
was identified when admitted or offered at the hearing, and the testimonial evidence by the names of
the corresponding witnesses.

6. If the whole testimonial and documentary evidence in the case is to be included, a statement to that
effect will be sufficient without mentioning the names of the witnesses or the numbers or letters of
exhibits.

7. Every record on appeal exceeding twenty (20) pages must contain a subject index. (6a)
Approval of record on appeal

1. Upon the filing of the record on appeal for approval and if no objection is filed by the appellee
within five (5) days from receipt of a copy thereof, the trial court may approve it as presented or upon
its own motion or at the instance of the appellee, may direct its amendment by the inclusion of any
omitted matters which are deemed essential to the determination of the issue of law or fact involved in
the appeal.

2. If the trial court orders the amendment of the record, the appellant, within the time limited in the
order, or such extension thereof as may be granted, or if no time is fixed by the order within ten (10)
days from receipt thereof, shall redraft the record by including therein, in their proper chronological
sequence, such additional matters as the court may have directed him to incorporate, and shall
thereupon submit the redrafted record for approval, upon notice to the appellee, in like manner as the
original draft. (7a)

Joint record on appeal.Where both parties are appellants, they may file a joint record on appeal within
the time fixed by section 3 of this Rule, or that fixed by the court.

Perfection of appeal; effect thereof

1. A partys appeal by notice of appeal is deemed perfected as to him upon the filing of the notice of
appeal in due time.

2. A partys appeal by record on appeal is deemed perfected as to him with respect to the subject
matter thereof upon the approval of the record on appeal filed in due time.

3. In appeals by notice of appeal, the court loses jurisdiction over the case upon the perfection of the
appeals filed in due time and the expiration of the time to appeal of the other parties.

4. In appeals by record on appeal, the court loses jurisdiction only over the subject matter thereof
upon the approval of the records on appeal filed in due time and the expiration of the time to appeal of
the other parties.

5. In either case, prior to the transmittal of the original record or the record on appeal, the court

5.1. may issue orders for the protection and preservation of the rights of the parties which do not
involve any matter litigated by the appeal,

5.2. approve compromises,

5.3. permit appeals of indigent litigants,

5.4. order execution pending appeal in accordance with section 2 of Rule 39, and

5.5. allow withdrawal of the appeal.


RULE 42 - PETITION FOR REVIEW FROM THE REGIONAL TRIAL COURTS TO THE COURT OF APPEALS

How appeal taken; time for filing.

1. Verified petition for review with the Court of Appeals 15 days,

2. Paying at the same time to the CA clerk of court the corresponding docket and other lawful fees and
costs, and

3. Furnishing the Regional Trial Court and the adverse party with a copy of the petition.

4. Upon proper motion and the payment of the full amount of the docket and other lawful fees and
the deposit for costs before the expiration of the reglementary period, the Court of Appeals may grant
an additional period of fifteen (15) days only within which to file the petition for review.

5. No further extension shall be granted except for the most compelling reason and in no case to
exceed fifteen (15) days. (n)

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 petitioners 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)

Perfection of appeal; effect thereof

(a) Upon the timely filing of a petition for review and the payment of the corresponding docket
and other lawful fees, the appeal is deemed perfected as to the petitioner.
The Regional Trial Court loses jurisdiction over the case upon the perfection of the appeals filed in due
time and the expiration of the time to appeal of the other parties.

However, before the Court of Appeals gives due course to the petition, the Regional Trial Court may
issue orders for the protection and preservation of the rights of the parties which do not involve any
matter litigated by the appeal, approve corn-promises, permit appeals of indigent litigants, order
execution pending appeal in accordance with section