RULE 40 RULE 41 RULE 42 RULE 45

MTC  RTC RTC in its original RTC in its appellate
jurisdiction “ordinary
appeal”
RTC  CA
What: Appeal from judgment or final Appeal from judgment or
order of the MTC final order of RTC that
completely disposes the
case or a particular
matter therein declared
by the Rules to be
appealable
Appeal by Certiorari to
jurisdiction the Supreme Court
MTC  RTC  CA
Appeal from the Appeal from a judgment
judgment or final order of or final order of the RTC
RTC in the exercise of its where only questions of
appellate jurisdiction law are involved and
the case is decided in the
exercise of its original
jurisdiction

Cases decided by the

Where: RTC exercising jurisdiction over
the area to which the MTC
pertains
How to file an By filing a notice of appeal within
appeal 15 days to the court which
rendered the judgment or final
order appealed from and serving
a copy thereof to the adverse
party;
By filing a record of appeal
within 30 days to the court
which rendered the judgment or
final order appealed from and
serving a copy thereof to the
adverse party
 Within 15 days from such
notice, the appellant is
required to submit a 
memorandum, copy of
which shall be furnished to
the appellee;
 Failure to file memorandum is
a ground for dismissal of
appeal (Sec 7(b), Rule 40)
Court of Appeals;
Sandiganbayan; CTA En
Banc
Court of Appeals (follow Court of Appeals Supreme Court
procedure under Rule 44)
By filing a notice of By filing a verified By filing a verified Petition
appeal within 15 days to petition for review with for Review on Certiorari
the court which rendered the Court of Appeals within the 15 days from
the judgment or final within 15 days from the notice of judgment or
order appealed from and notice of the decision resolution appealed from
serving a copy thereof to sought to be reviewed or or from denial of MR/MNT
the adverse party; denial of MR/MNT AND to the Supreme Court
paying at the same time raising therein only pure
By filing a record of to the clerk of court questions of law
appeal within 30 days docket and other lawful
to the court which fees and furnishing the
rendered the judgment or RTC and the adverse
final order appealed from party copy of the petition;
and serving a copy
thereof to the adverse
party
Within 45 days
from such notice,
the appellant is
required to submit
a brief, copy of
which shall be
furnished to the
appellee;

When is the A party’s appeal by notice of A party’s appeal by notice

appeal appeal is deemed perfected as to of appeal is deemed
perfected: him upon the filing of notice of perfected as to him upon
appeal in due time; the filing of notice of
appeal in due time;
A party’s appeal by record of
appeal is deemed perfected as to A party’s appeal by
him with respect to the subject record of appeal is
matter thereof upon approval of deemed perfected as to
the record on appeal filed in due him with respect to the
time; subject matter thereof
upon approval of the
record on appeal filed in
due time;
Mode: Ordinary Appeal Ordinary Appeal Petition for Review Appeal by Certiorari
Effect of the Stay the execution of the GR: Stay the execution of
appeal: judgment of the MTC judgment (XPNs: civil
cases under Summary
Procedure; Unless CA
provides otherwise)
NOTE: The only distinction of Rule 40 to Any question of law or Questions of fact or Pure question of law
Rule 41, is that provided under question of fact w/c has questions of law or mixed
Sec 8 of R 40 ( re: appeals from been raised in the court questions of fact and law
order dismissing the case below
without trial)
As to Rule NOT ALLOWED ALLOWED – 15 days ALLOWED – 30 days; SC
regarding filing may for justifiable
of Motion for reasons grant 30 days
Extension extension within which to
file the petition provided
(a) motion for extension
of time is duly filed and
served (b) there is full
payment of docket and
lawful fees
As to Rule Re RTC loses jurisdiction
 Residual over the case upon
Jurisdiction perfection of appeal filed
in due time and the
expiration of the time to
appeal of the other
parties. However, despite
such perfection, it may
retain residual powers.