1.

RULE 40 - APPEAL FROM THE MUNICIPAL TRIAL COURTS TO THE RTC

Where to Appeal
– An appeal from judgment or final order of a MTC maybe taken to the RTC exercising
jurisdiction over the area to which the former pertains.
Title of the case shall remain as it was in the court of origin, but the party appealing the
case shall be referred to as appellant and adverse party as the appellee.

When to Appeal
- An appeal maybe taken within 15 days after notice to the appellant of the judgment
or final order appealed from.
- Where a record on appeal is required – the appellant shall file a notice of appeal
and a record on appeal within 30 days after notice of judgment or final order.

Note : The fresh 15-day period applies to :

 Rule 40 – from MTC to RTC

 Rule 42 – From RTC to CA
 Rule 43 – Quasi- agencies to CA
 Rule 45 – From CA to SC

How to Appeal
- An appeal is taken by filing a notice of appeal with the court that rendered the
judgment of final order appealed from. within 15 days after notice to the appellant
of 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.

2. RULE 42- PERFECTION OF APPEAL RTC- CA

- 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 RTC loses jurisdiction over the case upon the perfection of the appeals filed in
due time and the expiration of the time to appeal on the other parties.

3. RULE 43 – APPEALS FROM THE COURT OF TAX APPEALS AND QUASI- AGENCIES TO CA

PERIOD OF APPEAL
 - Appeal shall be taken within 15 days from notice of the award, judgment or final
order or resolution , or from the date of its last publication, if publication is required
by law for its effectivity, or of the denial of the petitioners motion for new trial or
reconsideration duly filed in accordance with the governing law of the court or
agency
- Only one (1) MR shall be allowed
- Upon proper motion and the payment for the full amount of the docket fee before
the expiration of the reglementary period,the CA may grant an additional 15 days
only 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 fifteen (15) days.

4. RULE 44 – ORDINARY APPEALED CASES

TIME OF FILING OF MEMORANDA

- In certiorari, prohibition, mandamus, quo warranto and habeas corpus cases, the
parties shall file, in lieu of the briefs, their respective memoranda within a non-
extendible period of thirty (3) days from receipt of the notice issued by the COC,
that all evidence , oral and documentary is already attached to the record.