a.
by filing a notice of appeal
RULE 40: APPEAL FROM
MUNICIPAL TRIAL COURTS TO
THE REGIONAL TRIAL
COURTS
Section 1. Where to appeal.
1. An appeal from a judgment or final
order of a Municipal Trial Court
a. may be taken to the Regional
Trial Court exercising
jurisdiction over the area to
which the former pertains.
2. The title of the case shall remain as it
was in the court of origin,
a. but the party appealing the
case shall be further referred
to as the appellant and the
adverse party as the appellee.
Section 2. When to appeal.
1. An appeal may be taken
a. within fifteen (15) days
b. after notice to the appellant of
the judgment or final order
appealed from.
2. Where a record on appeal is required,
a. the appellant shall file a notice
of appeal
b. and a record on appeal within
thirty (30) days after notice of
the judgment or final order.
3. The period of appeal shall be
interrupted by a timely motion for
new trial or reconsideration.
4. No motion for extension of time to
file a motion for new trial or
reconsideration shall be allowed.
Section 3. How to appeal.
1. The appeal is taken
with the court that rendered
the judgment or final order
appealed from.
2. The notice of appeal shall
a. indicate the parties to the
appeal,
b. the judgment or final order or
part thereof appealed from,
c. and state the material dates
showing the timeliness of the
appeal.
3. A record on appeal
a. shall be required only in
special proceedings
b. and in other cases of multiple
or separate appeals.
4. The form and contents of the record
on appeal shall be as provided in
section 6, Rule 41.
5. Copies of the notice of appeal, and
the record on appeal where required,
shall be served on the adverse party.
6.
Section 4. Perfection of appeal; effect
thereof. The perfection of the appeal and
the effect thereof shall be governed by the
provisions of section 9, Rule 41.
Section 5. Appellate court docket and
other lawful fees. Within the period for
taking an appeal, the appellant shall pay to
the clerk of the court which rendered the
judgment or final order appealed from the
full amount of the appellate court docket
and other lawful fees. Proof of payment
thereof shall be transmitted to the appellate
court together with the original record or
the record on appeal, as the case may be.
Section 6. Duty of the clerk of court.
 1. Within fifteen (15) days from the
perfection of the appeal,
2. the clerk of court or the branch clerk
of court of the lower court shall
a. transmit the original record or
the record on appeal,
b. together with the transcripts
and exhibits,
c. which he shall certify
complete,
d. to the proper Regional Trial
Court.
3. A copy of his letter of transmittal of
the records to the appellate court
shall be furnished the parties.
Section 7. Procedure in the Regional Trial
Court.
(a) Upon receipt of the complete record or
the record on appeal, the clerk of court
of the Regional Trial Court shall notify
the parties of such fact.
(b) Within fifteen (15) days from such
notice, it shall be the duty of the
appellant to submit a memorandum
which shall briefly discuss the errors
imputed to the lower court, a copy of
which shall be furnished by him to the
adverse party. Within fifteen (15) days
from receipt of the appellant's
memorandum, the appellee may file
his memorandum. Failure of
appellant to file a memorandum shall
be a ground for dismissal of the
appeal.
(c) Upon the filing of the memorandum of
the appellee, or the expiration of the
period to do so, the case shall be
considered submitted for decision. The
Regional Trial Court shall decide the
case on the basis of the entire record
of the proceedings had in the court of
original and such memoranda as are
filed.
Section 8. Appeal from orders dismissing
case without trial; lack of jurisdiction.
1. If an appeal is taken from an order of
as
the lower court dismissing the case
without a trial on the merits, the
Regional Trial Court may affirm or
reverse it, as the case may be.
2. In case of affirmance
a. and the ground of dismissal is
lack of jurisdiction over the
subject matter,
b. the Regional Trial Court, if it
has jurisdiction thereover,
i. shall try the case on the
merits as if the case was
originally filed with it.
3. In case of reversal,
a. the case shall be remanded for
further proceedings.
4. If the case was tried on the merits by
the lower court without jurisdiction
over the subject matter,
a. the Regional Trial Court on
appeal shall not dismiss the
case if it has original
jurisdiction thereof,
b. but shall decide the case in
the accordance with the preceding
section,
c. without prejudice to
i. the admission of
amended pleadings
ii. and additional evidence
in the interest of justice.
Section 9. Applicability of Rule 41. The
other provisions of Rule 41 shall apply to
appeals provided for herein insofar as they
are not inconsistent with or may serve to
supplement the provisions of this Rule.

RULE 41: APPEAL FROM
THE
REGIONAL TRIAL COURTS
Section 1. Subject of appeal. An appeal
may be
1. taken from a judgment or final order
that completely disposes of the case,
2. or of a particular matter therein when
declared by these Rules to
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,
crossclaims 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.
1. In all the above instances where the
judgment or final order is not
appealable,
2. the aggrieved party may file an
appropriate special civil action under
Rule 65.
Section 2. Modes of appeal.
(a) Ordinary appeal. The appeal to the
Court of Appeals
1. in cases decided by the Regional Trial
Court
be 2. in the exercise of its original
jurisdiction
a. shall be taken by filing a notice
of appeal with the court which
rendered the judgment or final
order appealed from
b. and serving a copy thereof
upon the adverse party.
3. No record on appeal shall be required
a. except in special proceedings
b. 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.
Section 3. Period of ordinary appeal.
 1. The appeal shall be taken within 3. specify the court to which the appeal
fifteen (15) days from notice of the is being taken,
4. and state the material dates showing
judgment or final order appealed
the timeliness of the appeal.
from.
2. Where a record on appeal is required, Section 6. Record on appeal; form and
the appellant shall file a notice of contents thereof.
appeal and a record on appeal within 1. The full names of all the parties to
thirty (30) days from notice of the the proceedings shall be stated in the
judgment or final order. caption of the record on appeal
3. The period of appeal shall be 2. and it shall include the judgment or
interrupted by a timely motion for final order from which the appeal is
new trial or reconsideration. taken
4. No motion for extension of time to 3. and, in chronological order, copies of
file a motion for new trial or only such
a. pleadings,
reconsideration shall be allowed.
b. petitions,
c. motions
Section 4. Appellate court docket and d. and all interlocutory orders
other lawful fees. Within the period for as are related to the appealed
taking an appeal, judgment or final order for the
1. the appellant shall pay to the clerk of proper understanding of the issue
the court which rendered the involved, together with such data
judgment or final order appealed as will show that the appeal was
from, perfected on time.
a. the full amount of the
4. If an issue of fact is to be raised on
appellate court docket and
appeal, the record on appeal shall
other lawful fees. a. include by reference all the
i. Proof of payment of said
evidence, testimonial and
fees shall be
documentary, taken upon the
transmitted to the
issue involved.
appellate court b. The reference shall specify the
ii. together with the i. documentary evidence
original record or the by the exhibit numbers
record on appeal. or letters by which it
Section 5. Notice of appeal. The notice was identified when
of appeal admitted or offered at
1. shall indicate the parties to the the hearing,
ii. and the testimonial
appeal,
2. specify the judgment or final order or evidence by the names
part thereof appealed from, of the corresponding
witnesses.
 c. If the whole testimonial and days from receipt
documentary evidence in the thereof,
a. shall redraft the record by
case is to be included,
i. a statement to that including therein, in their
effect will be sufficient proper chronological sequence,
without mentioning the such additional matters as the
names of the witnesses court may have directed him
or the numbers or to incorporate,
b. and shall thereupon submit the
letters of exhibits.
5. Every record on appeal exceeding redrafted record for approval,
twenty (20) pages must contain a upon notice to the appellee, in
subject index. like manner as the original
draft.
Section 7. Approval of record on appeal.

a. Upon the filing of the record on

appeal for approval Section 8. Joint record on appeal.
b. and if no objection is filed by Where both parties are appellants, they
the appellee within five (5) may file a joint record on appeal within the
days from receipt of a copy time fixed by section 3 of this Rule, or that
thereof, fixed by the court.
1. the trial court
a. may approve it as presented or
b. upon its own motion or at the
instance of the appellee, may Section 9. Perfection of appeal; effect
direct its amendment by the thereof.
inclusion of any omitted
matters which are deemed 1. A party's appeal by notice of appeal

essential to the determination is deemed perfected as to him upon

of the issue of law or fact the filing of the notice of appeal in

involved in the appeal. due time.

2. If the trial court orders the 2. A party's appeal by record on appeal

amendment of the record, the is deemed perfected as to him with

appellant, respect to the subject matter thereof

i. within the time limited upon the approval of the record on
in the order, appeal filed in due time.
ii. or such extension 3. In appeals by notice of appeal, the
thereof as may be court loses jurisdiction over the case
granted, upon the perfection of the appeals
iii. or if no time is fixed by
filed in due time and the expiration of
the order within ten (10)
 the time to appeal of the other (c) If found to be incomplete, to take
parties. such measures as may be required to
4. In appeals by record on appeal, the
complete the records, availing of the
court loses jurisdiction only over the
authority that he or the court may exercise
subject matter thereof upon the
for this purpose; and
approval of the records on appeal
filed in due time and the expiration of (d) To transmit the records to the

the appeal of the other parties. appellate court.

5. In either case, prior to the transmittal
If the efforts to complete the records fail, he
of the original record or the record on
shall indicate in his letter of transmittal
appeal,
a. the court may issue orders for
a. the exhibits or transcripts not
the protection and
included in the records being
preservation of the rights of
transmitted to the appellate court,
the parties which do not b. the reasons for their non-transmittal,
involve any matter litigated by c. and the steps taken or that could be
the appeal, taken to have them available.
b. approve compromises,
c. permit appeals of indigent The clerk of court shall furnish the parties
litigants, with copies of his letter of transmittal of the
d. order execution pending
records to the appellate court. (10a)
appeal in accordance with 2 of
Rule 39, Section 11. Transcript. Upon the
e. and allow withdrawal of the perfection of the appeal,
appeal.
1. the clerk shall immediately direct the
Section 10. Duty of clerk of court of the stenographers concerned to attach to
lower court upon perfection of appeal. the record of the case five (5) copies
Within thirty (30) days after perfection of all of the transcripts of the testimonial
the appeals in accordance with the evidence referred to in the record on
preceding section, it shall be the duty of the appeal.
clerk of court of the lower court: 2. The stenographers concerned
a. shall transcribe such
(a) To verify the correctness of the testimonial evidence
original record or the record on appeal, as b. and shall prepare and affix to

the case may be aid to make certification of their transcripts

i. an index containing the
its correctness;
names of the witnesses
(b) To verify the completeness of the and the pages wherein
records that will be, transmitted to the their testimonies are
appellate court; found,
 ii. and a list of the exhibits shall remain in the lower court for the
and the pages wherein examination of the parties.
each of them appears to
have been offered and
admitted or rejected by Section 13. Dismissal of appeal. Prior to
the trial court. the transmittal of the original record or the
c. The transcripts shall be
record on appeal to the appellate court, the
transmitted to the clerk of the
trial court may motu propio or on motion
trial court
dismiss the appeal for having been taken
i. who shall thereupon
out of time.
arrange the same in the
order in which the
witnesses testified at
RULE 42: PETITION FOR
the trial,
ii. and shall cause the
REVIEW FROM THE
pages to be numbered REGIONAL TRIAL COURTS
consecutively.
TO THE COURT OF
APPEALS
Section 12. Transmittal. The clerk of the
trial court shall transmit to the appellate Section 1. How appeal taken; time for
court filing. A party desiring to appeal from a
decision of the Regional Trial Court rendered
a. the original record or the approved
in the exercise of its appellate jurisdiction
record on appeal within thirty (30)
days from the perfection of the 1. may file a verified petition for review
appeal, with the Court of Appeals,
b. together with the proof of payment of a. paying at the same time to the
the appellate court docket and other clerk of said court the
lawful fees, corresponding docket and
c. a certified true copy of the minutes
other lawful fees,
of the proceedings, b. depositing the amount of
d. the order of approval,
e. the certificate of correctness, P500.00 for costs,
f. the original documentary evidence c. and furnishing the Regional
referred to therein, Trial Court and the adverse
g. and the original and three (3) copies party with a copy of the
of the transcripts. petition.
2. The petition shall be filed and served
Copies of the transcripts and certified
within fifteen (15) days from
true copies of the documentary evidence
 a. notice of the decision sought (b) indicate the specific material dates
to be reviewed showing that it was filed on time;
b. or of the denial of petitioner's
motion for new trial or (c) set forth concisely a statement of the

reconsideration filed in due matters involved, the issues raised, the

time after judgment. specification of errors of fact or law, or

3. both, allegedly committed by the
a. Upon proper motion
b. and the payment of the full Regional Trial Court, and the reasons or

amount of the docket and arguments relied upon for the

other lawful fees allowance of the appeal;

c. and the deposit for costs
(d) be accompanied by clearly legible
before the expiration of the
duplicate originals or true copies of the
reglementary period,
judgments or final orders of both lower
the Court of Appeals may grant an courts, certified correct by the clerk of
additional period of fifteen (15) court of the Regional Trial Court, the
days only within which to file the requisite number of plain copies
petition for review. thereof and of the pleadings and other
material portions of the record as
4. No further extension shall be
would support the allegations of the
granted except for the most
petition.
compelling reason and in no case to
exceed fifteen (15) days. The petitioner shall also submit together
with the petition

1. a certification under oath that he has

Section 2. Form and contents. The
not theretofore commenced any
petition shall be
other action involving the same
a. filed in seven (7) legible issues in the Supreme Court, the
copies, Court of Appeals or different divisions
b. with the original copy intended
thereof, or any other tribunal or
for the court being indicated
agency;
as such by the petitioner, and a. if there is such other action or
shall proceeding, he must state the
status of the same;
(a) state the full names of the parties to
b. and if he should thereafter
the case, without impleading the lower
learn that a similar action or
courts or judges thereof either as
proceeding has been filed or is
petitioners or respondents;
pending before the Supreme
Court, the Court of Appeals, or
 different divisions thereof, or Section 5. Contents of comment. The
any other tribunal or agency, comment of the respondent shall be filed
he undertakes to promptly
a. in seven (7) legible copies,
inform the aforesaid courts b. accompanied by certified true copies
and other tribunal or agency of such material portions of the
thereof within five (5) days record referred to therein
therefrom. c. together with other supporting
papers and shall

(a) state whether or not he accepts the

Section 3. Effect of failure to comply with
statement of matters involved in the
requirements. The failure of the
petition;
petitioner to comply with any of the
foregoing requirements regarding (b) point out such insufficiencies or
inaccuracies as he believes exist in
a. the payment of the docket and other
petitioner's statement of matters
lawful fees,
involved but without repetition; and
b. the deposit for costs,
c. proof of service of the petition,
d. and the contents of and the (c) state the reasons why the petition

documents which should accompany should not be given due course. A

the petition copy thereof shall be served on the

petitioner.
shall be sufficient ground for the
dismissal thereof. Section 6. Due course.

Section 4. Action on the petition. The a. If upon the filing of the comment or

Court of Appeals may such other pleadings as the court

may allow or require,
1. require the respondent to file a b. or after the expiration of the period
comment on the petition, not a for the filing thereof without such
motion to dismiss, within ten (10) comment or pleading having been
days from notice, submitted,
2. or dismiss the petition if it finds the
same to be the Court of Appeals finds prima facie that
a. patently without merit, the lower court has committed an error of
b. prosecuted manifestly for
fact or law that will warrant a reversal or
delay,
c. or that the questions raised modification of the appealed decision, it

therein are too insubstantial to may accordingly give due course to the

require consideration. petition.

Section 7. 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.
Section 8. Perfection of appeal; effect
thereof. (a) Upon the
a. timely filing of a petition for review
b. and the payment of
corresponding docket and
lawful fees,
the appeal is deemed perfected as to
the petitioner.
The Regional Trial Court loses jurisdiction
over the case
1. upon the perfection of the appeals
filed in due time
2. 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
a. issue orders for the protection and
preservation of the rights of the
parties which do not involve any
matter litigated by the appeal,
b. approve compromises,
c. permit appeals of indigent litigants,
d. order execution pending appeal in
accordance with section 2 of Rule 39,
e. and allow withdrawal of the appeal.
(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 otherwise.
Section 9. Submission for decision. If
the petition is given due course, the Court
of Appeals
a. may set the case for oral argument
b. or require the parties to submit
memoranda within a period of fifteen
(15) days from notice.
the
The case shall be deemed submitted for
other
decision upon the filing of the last pleading
or memorandum required by these Rules or
by the court itself.
RULE 43: Appeals From the
Court of Tax Appeals and
Quasi-Judicial Agencies to
the Court of Appeals
Section 1. Scope. This Rule shall apply
to appeals
a. from judgments or final orders of the
Court of Tax Appeals
b. and from awards, judgments, final
orders or resolutions of or authorized
by any quasi-judicial agency in the
exercise of its quasi-judicial
functions. Among these agencies are
the
a. Civil Service Commission,
b. Central Board of Assessment
Appeals,
c. Securities and Exchange
Commission,
d. Office of the President,
e. Land Registration Authority,
 f. Social Security Commission, a. within fifteen (15) days from
g. Civil Aeronautics Board,
notice of the award, judgment,
h. Bureau of Patents,
i. Trademarks and Technology final order or resolution,
b. or from the date of its last
Transfer,
j. National Electrification publication, if publication is
Administration, required by law for its
k. Energy Regulatory Board,
effectivity,
l. National Telecommunications
c. or of the denial of petitioner's
Commission,
motion for new trial or
m. Department of Agrarian
reconsideration duly filed in
Reform under Republic Act No.
accordance with the governing
6657,
n. Government Service Insurance law of the court or agency a
System, quo.
o. Employees Compensation 2. Only one (1) motion for
Commission, reconsideration shall be allowed.
p. Agricultural Invention Board, a. Upon proper motion
q. Insurance Commission, b. and the payment of the full
r. Philippine Atomic Energy
amount of the docket fee
Commission,
before the expiration of the
s. Board of Investments,
t. Construction Industry reglementary period,
3. the Court of Appeals may grant an
Arbitration Commission,
u. and voluntary arbitrators additional period of fifteen (15) days
authorized by law. only within which to file the petition
for review.
Section 2. Cases not covered. This Rule 4. No further extension shall be granted
shall not apply to judgments or final orders except for the most compelling
issued under the Labor Code of the reason and in no case to exceed
Philippines. fifteen (15) days.

Section 3. Where to appeal. An appeal Section 5. How appeal taken.

under this Rule may be taken to the Court
1. Appeal shall be taken by
of Appeals
a. filing a verified petition for

a. within the period and in the manner review in seven (7) legible

herein provided, copies with the Court of

b. whether the appeal involves Appeals,
questions of fact, of law, or mixed b. with proof of service of a copy

questions of fact and law. thereof on the adverse party

and on the court or agency a
Section 4. Period of appeal.
quo.
c. The original copy of the
1. The appeal shall be taken
petition intended for the Court
 of Appeals shall be indicated portions of the record referred to therein
as such by the petitioner. and other supporting papers; and
2. Upon the filing of the petition, the
petitioner (d) contain a sworn certification against
a. shall pay to the clerk of court forum shopping as provided in the last
of the Court of Appeals the paragraph of section 2, Rule 42. The
docketing and other lawful petition shall state the specific material
fees dates showing that it was filed within the
b. and deposit the sum of
period fixed herein.
P500.00 for costs.
c. Exemption from payment of
Section 7. Effect of failure to comply with
docketing and other lawful
requirements. The failure of the
fees and the deposit for costs
petitioner to comply with any of the
may be granted by the Court
foregoing requirements regarding
of Appeals upon a verified
motion setting forth valid a. the payment of the docket and
grounds therefor. other lawful fees,
d. If the Court of Appeals denies b. the deposit for costs,
c. proof of service of the petition,
the motion, the petitioner shall
and the contents of and the
pay the docketing and other
documents which should
lawful fees and deposit for
accompany the petition
costs within fifteen (15) days
from notice of the denial. shall be sufficient ground for the
dismissal thereof.
Section 6. Contents of the petition. The
petition for review shall Section 8. Action on the petition. The
Court of Appeals may
(a) state the full names of the parties to the
case, without impleading the court or 1. require the respondent to file a
agencies either as petitioners or comment on the petition not a
respondents; motion to dismiss, within ten (10)
days from notice,
(b) contain a concise statement of the facts 2. or dismiss the petition if it finds the
and issues involved and the grounds relied same to be patently
upon for the review; a. without merit,
b. prosecuted manifestly for
(c) be accompanied by a clearly legible delay,
c. or that the questions raised
duplicate original or a certified true copy of
therein are too unsubstantial
the award, judgment, final order or
to require consideration.
resolution appealed from, together with
certified true copies of such material
Section 9. Contents of comment. The The findings of fact of the court or agency
comment shall be filed concerned, when supported by substantial
evidence, shall be binding on the Court of
a. within ten (10) days from notice
b. in seven (7) legible copies Appeals.
c. and accompanied by clearly legible
Section 11. Transmittal of record. Within
certified true copies of such material
fifteen (15) days from notice that the
portions of the record referred to
petition has been given due course,
therein together with other
supporting papers. 1. the Court of Appeals may require the
court or agency concerned to
The comment shall
transmit the original or a legible
(a) point out insufficiencies or certified true copy of the entire
inaccuracies in petitioner's record of the proceeding under
statement of facts and issues; and review.
(b) state the reasons why the petition 2. The record to be transmitted may be
should be denied or dismissed. abridged by agreement of all parties
to the proceeding.
A copy thereof shall be served on the
3. The Court of Appeals may require or
petitioner, and proof of such service shall
permit subsequent correction of or
be filed with the Court of Appeals.
addition to the record.

Section 10. Due course.

Section 12. Effect of appeal. The appeal

a. If upon the filing of the comment or shall not stay the award, judgment, final

such other pleadings or documents order or resolution sought to be reviewed

as may be required or allowed by the unless the Court of Appeals shall direct

Court of Appeals otherwise upon such terms as it may deem

b. or upon the expiration of the period just.
for the filing thereof,
c. and on the records the Court of Section 13. Submission for decision. If
Appeals finds prima facie that the the petition is given due course, the Court
court or agency concerned has of Appeals may set the case for oral
committed errors of fact or law that argument or require the parties to submit
would warrant reversal or memoranda within a period of fifteen (15)
modification of the award, judgment, days from notice. The case shall be deemed
final order or resolution sought to be submitted for decision upon the filing of the
reviewed, last pleading or memorandum required by
i. it may give due course to the
these Rules or by the court of Appeals.
petition;
ii. otherwise, it shall dismiss the
same.
RULE 44: Ordinary
Appealed Cases
Section 1. Title of cases. In all cases
appealed to the Court of Appeals under
Rule 41,
1. the title of the case shall remain as it
was in the court of origin,
2. but the party appealing the case
shall be further referred to as the
appellant and the adverse party as
the appellee.
Section 2. Counsel and guardians.
1. The counsel and guardians ad litem
of the parties in the court of origin
shall be respectively considered as
their counsel and guardians ad litem
in the Court of Appeals.
2. When others appear or
appointed, notice thereof shall be
served immediately on the adverse
party and filed with the court.
Section 3. Order of transmittal of record.
If the original record or the record on
appeal is not transmitted to the Court of
Appeals within thirty (30) days after the
perfection of the appeal,
a. either party may file a motion with
the trial court,
b. with notice to the other,
for the transmittal of such record or
record on appeal.
Section 4. Docketing of case. Upon
receiving
a. the original record or the record on
appeal
b. and the accompanying documents
and exhibits transmitted by the lower
court,
c. as well as the proof of payment of
the docket and other lawful fees,
the clerk of court of the Court of Appeals
shall docket the case and notify the
parties thereof.
1. Within ten (10) days from receipt of
said notice,
a. the appellant, in appeals by
record on appeal, shall file with
the clerk of court
i. seven (7) clearly legible
copies of the approved
record on appeal, t
ii. ogether with the proof
of service of two (2)
copies thereof upon the
are
appellee.
2. Any unauthorized alteration,
omission or addition in the approved
record on appeal shall be a ground
for dismissal of the appeal.
Section 5. Completion of record.
1. Where the record of the docketed
case is incomplete, the clerk of court
of the Court of Appeals
a. shall so inform said court
b. and recommend to it measures
necessary to complete the
record.
2. It shall be the duty of said court to
take appropriate action towards the
completion of the record within the
shortest possible time.
Section 6. Dispensing with complete a. seven (7) copies of his legibly
record. Where the completion of the typewritten, mimeographed or
record could not be accomplished within a printed brief,
b. with proof of service of two (2)
sufficient period allotted for said purpose
copies thereof upon the
a. due to insuperable appellant.
b. or extremely difficult causes,
Section 9. Appellant's reply brief.
the court, on its own motion or on motion of
any of the parties, 1. Within twenty (20) days from receipt
of the appellee's brief,
a. may declare that the record 2. the appellant may file a reply brief
and its accompanying answering points in the appellee's
transcripts and exhibits so far brief not covered in his main brief.
available are sufficient to
Section 10. Time of filing memoranda in
decide the issues raised in the
special cases. In
appeal,
b. and shall issue an order
a. certiorari,
explaining the reasons for such b. prohibition,
declaration. c. mandamus,
d. quo warranto
e. and habeas corpus cases,
Section 7. Appellant's brief. It shall be
the duty of the appellant the parties shall file in lieu of briefs,

1. to file with the court, a. their respective memoranda within a

2. within forty-five (45) days from
non-extendible period of thirty (30)
receipt of the notice of the clerk
3. that all the evidence, days from receipt of the notice issued
a. oral and documentary, by the clerk
b. are attached to the record, b. that all the evidence, oral and
c. seven (7) copies of his legibly
documentary, is already attached to
typewritten, mimeographed or
the record. (13a, R46)
printed brief,
d. with proof of service of two (2)
The failure of the appellant to file his
copies thereof upon the
memorandum within the period therefor
appellee.
may be a ground for dismissal of the

Section 8. Appellee's brief. appeal.

1. Within forty-five (45) days from Section 11. Several appellants or

receipt of the appellant's brief, appellees or several counsel for each party.
2. the appellee shall file with the court Where there are several appellants or
appellees, each counsel representing one or
more but not all of them shall be served
with only one copy of the briefs. When
several counsel represent one appellant or
appellee, copies of the brief may be served
upon any of them.
Section 12. Extension of time for filing
briefs. Extension of time for the filing of
briefs will not be allowed, except for good
and sufficient cause, and only if the motion
for extension is filed before the expiration
of the time sought to be extended. (15,
R46)
Section 13. Contents of appellant's brief.
The appellant's brief shall contain, in the
order herein indicated, the following:
(a) A subject index of the matter in the brief
1. with a digest of the arguments and page
references,
2. and a table of cases alphabetically
arranged, textbooks and statutes cited
with references to the pages where they
are cited;
(b) An assignment of errors intended to be
urged, which errors shall be separately,
distinctly and concisely stated without
repetition and numbered consecutively;
(c) Under the heading "Statement of the
Case," a clear and concise statement of the
nature of the action, a summary of the
proceedings, the appealed rulings
orders of the court, the nature of the
judgment and any other matters necessary
to an understanding of the nature of the
controversy with page references to the
record;
(d) Under the heading "Statement of
Facts," a clear and concise statement in a
narrative form of the facts admitted by both
parties and of those in controversy,
together with the substance of the proof
relating thereto in sufficient detail to make
it clearly intelligible, with page references
to the record;
(e) A clear and concise statement of the
issues of fact or law to be submitted, to the
court for its judgment;
(f) Under the heading "Argument," the
appellant's arguments on each assignment
of error with page references to the record.
The authorities relied upon shall be cited by
the page of the report at which the case
begins and the page of the report on which
the citation is found;
(g) Under the heading "Relief," a
specification of the order or judgment which
the appellant seeks; and
(h) In cases not brought up by record on
appeal, the appellant's brief shall contain,
as an appendix, a copy of the judgment or
final order appealed from.
Section 14. Contents of appellee's brief.
The appellee's brief shall contain, in the
order herein indicated the following:
and
(a) A subject index of the matter in the
brief with a digest of the arguments and
page references, and a table of cases
alphabetically arranged, textbooks and
statutes cited with references to the pages
where they are cited;
(b) Under the heading "Statement of Section 1. Filing of petition with
Facts," the appellee shall state that he Supreme Court.
accepts the statement of facts in the
1. A party desiring to appeal by
appellant's brief, or under the heading
certiorari from a judgment or final
"Counter-Statement of Facts," he shall point
order or resolution of the Court of
out such insufficiencies or inaccuracies as
Appeals,
he believes exist in the appellant's 2. the Sandiganbayan, the Regional Trial
statement of facts with references to the Court or other courts whenever
pages of the record in support thereof, but authorized by law, may file with the
without repetition of matters in the Supreme Court a verified petition for
appellant's statement of facts; and review on certiorari.
3. The petition shall raise only questions
(c) Under the heading "Argument," the
of law which must be distinctly set
appellee shall set forth his arguments in the
forth.
case on each assignment of error with page
references to the record. The authorities Section 2. Time for filing;

relied on shall be cited by the page of the extension.

report at which the case begins and the

1. The petition shall be filed within
page of the report on which the citation is
fifteen (15) days
found. (17a, R46) a. from notice of the judgment or
final order or resolution
Section 15. Questions that may be raised
appealed from,
on appeal. b. or of the denial of the
petitioner's motion for new
1. Whether or not the appellant has
trial or reconsideration filed in
filed a motion for new trial in the
due time after notice of the
court below
2. he may include in his assignment of judgment.
2. On motion duly filed and served,
errors any question of law or fact that
a. with full payment of the docket
has been raised in the court below
and other lawful fees
and which is within the issues framed b. and the deposit for costs
by the parties. before the expiration of the
reglementary period,
RULE 45: Appeal by
the Supreme Court may for
Certiorari to the justifiable reasons grant an
extension of thirty (30) days only
Supreme Court within which to file the petition.
Section 3. Docket and other lawful duplicate original, or a certified true
fees; proof of service of petition. copy of the judgment or final order or
Unless he has theretofore done so, resolution certified by the clerk of
court of the court a quo and the
1. the petitioner shall pay the
requisite number of plain copies
corresponding docket and other
thereof, and such material portions of
lawful fees to the clerk of court of the
the record as would support the
Supreme Court
2. and deposit the amount of P500.00 petition; and (e) contain a sworn

for costs at the time of the filing of certification against forum shopping

the petition. as provided in the last paragraph of

3. Proof of service of a copy, thereof on section 2, Rule 42. (2a)
the lower court concerned and on the
adverse party shall be submitted
together with the petition. (1a) Section 5. Dismissal or denial of
petition. The failure of the petitioner
Section 4. Contents of petition.
to comply with any of the foregoing
The petition
requirements regarding the payment of
1. shall be filed in eighteen (18) copies, the docket and other lawful fees, deposit
2. with the original copy intended for
for costs, proof of service of the petition,
the court being indicated as such by
and the contents of and the documents
the petitioner and shall (a) state the
which should accompany the petition
full name of the appealing party as
shall be sufficient ground for the
the petitioner and the adverse party
dismissal thereof.
as respondent, without impleading
the lower courts or judges thereof
either as petitioners or respondents;
The Supreme Court may on its own
(b) indicate the material dates
initiative deny the petition on the ground
showing when notice of the judgment
that the appeal is without merit, or is
or final order or resolution subject
prosecuted manifestly for delay, or that
thereof was received, when a motion
the questions raised therein are too
for new trial or reconsideration, if
unsubstantial to require consideration.
any, was filed and when notice of the
(3a)
denial thereof was received; (c) set
forth concisely a statement of the
matters involved, and the reasons or
Section 6. Review discretionary.
arguments relied on for the
A review is not a matter of right, but of
allowance of the petition; (d) be
sound judicial discretion, and will be
accompanied by a clearly legible
granted only when there are special and section 8 hereof, the Supreme Court
important reasons thereof. The following, may require or allow the filing of such
while neither controlling nor fully pleadings, briefs, memoranda or
measuring the court's discretion, documents as it may deem necessary
indicate the character of the reasons within such periods and under such
which will be considered: conditions as it may consider
appropriate, and impose the
corresponding sanctions in case of non-
(a) When the court a quo has decided a filing or unauthorized filing of such
question of substance, not theretofore pleadings and documents or non-
determined by the Supreme Court, or compliance with the conditions therefor.
has decided it in a way probably not in (n)
accord with law or with the applicable
decisions of the Supreme Court; or
Section 8. Due course; elevation of
records. If the petition is given due
(b) When the court a quo has so far course, the Supreme Court may require
departed from the accepted and usual the elevation of the complete record of
course of judicial proceedings, or so far the case or specified parts thereof within
sanctioned such departure by a lower fifteen (15) days from notice. (2a)
court, as to call for an exercise of the
power of supervision. (4a)
Section 9. Rule applicable to both
civil and criminal cases. The mode of
Section 7. Pleadings and appeal prescribed in this Rule shall be
documents that may be required; applicable to both civil and criminal
sanctions. For purposes of cases, except in criminal cases where
determining whether the petition should the penalty imposed is death, reclusion
be dismissed or denied pursuant to perpetua or life imprisonment. (n)
section 5 of this Rule, or where the
petition is given due course under