APPEAL FROM METROPOLITAN / MUNICIPAL
TRIAL COURTS TO THE REGIONAL TRIAL
COURT – RULE 40
Section 1. Where to appeal.
Section 2. When to appeal.
Section 3. How to appeal.
Section 4. Perfection of appeal; effect thereof.
Section 5. Appellate court docket and other lawful fees.
Section 6. Duty of the clerk of court.
Section 7. Procedure in the Regional Trial Court.
Section 8. Appeal from orders dismissing case without
trial; lack of jurisdiction
Section 9. Applicability of Rule 41.
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.
The title of the case shall remain as it was in the court of
origin, but the party appealing the case shall be further
referred to as the appellant and the adverse party as the
appellee. (a)
Notes:
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
What is the rule regarding the contents of the title of
the case and names of the parties?
The title of the case shall remain as it was in the court of
origin, but the party appealing the case shall be further
referred to as the appellant and the adverse party as the
appellee. (a)
Section 2. When to appeal. — An appeal may be taken
within fifteen (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 thirty (30)
days after notice of the judgment or final order.
The period of appeal shall be interrupted by a timely
motion for new trial or reconsideration. No motion for
extension of time to file a motion for new trial or
reconsideration shall be allowed. (n)
Notes-
What is the period of taking an appeal-
1. 15 days after the notice to the appellant of the
judgment or final order appealed from; or
2. Where a record on appeal is required, the appellant
shall file a notice of appeal and record on appeal
within 30 days after the notice of judgment or final
order
The effect of filing MR on period to appeal-
The period of appeal shall be interrupted by a timely
motion for new trial or reconsideration.
Limitation - No motion for extension of time to file a
motion for new trial or reconsideration shall be allowed.
(n)
Exception for suspension of period to appeal in filing
MR-
1. To serve substantial justice – Habaluyas Enterprises
vs Japson
2. When the procedural infirmity was not entirely
attributable to the fault or negligence of the petitioner
Barnes vs Padilla
Neypes or Fresh Period Rule
From the case of Domingo Neypes vs Court of Appeals
– “To standardize the appeal period provided in the
Rules and to afford litigants fair opportunity to appeal
their cases”, the Court has deemed it practical to allow a
fresh period of 15 days within which to file the notice of
appeal to be counted from receipt of the order denying
the motion for new trial, motion for reconsideration
whether full or partial, or any final order or resolution.
Note – Prescilla alma Jose vs Ramon Javellana – the
neypes rule has retroactive effect to pending cases.
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When to count the period? – from the receipt of the
order dismissing or denying a motion for new trial or
motion for reconsideration.
Where fresh period rule is applicable –
1. Rule 40
2. Rule 41
3. Rule 42
4. Rule 43
5. Rule 45
6. Obviously these rules cover judicial proceedings
under 1997 Rules of Civil Procedure. Panolino vs
Tajala
Aim of the fresh period rule-
The new rule aims to regiment or make the appeal period
uniform, to be counted from receipt of the order denying
the motion for new trial, motion for reconsideration, or
any final order or resolution.
Section 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)
Notes-
How can a party perfect an appeal?
1. 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.
2. A record on appeal shall be required only in special
proceedings and in other cases of multiple or separate
appeals.
What are the contents and forms of a record of
appeal? As provided in Sec. 6, Rule 41:
1. The full names of all the parties to the proceedings
shall be stated in the caption of the record on appeal
2. It shall include the 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,
4. Together with such data as will show that the appeal
was perfected on time.
5. 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.
6. 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. 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. Every record on appeal
exceeding twenty (20) pages must contain a subject
index. (6a)
7. Copies of the notice of appeal, and the record on
appeal where required, shall be served on the adverse
party ( this no. 7 is included in the sec. 3)
Designation of the wrong court does not affect the
validity of the notice of appeal – however, the
designation of proper court should be made within the
15 day period to appeal. Once made within the said
period, the designation of the correct appellate court may
be allowed if the records of the case are forwarded to the
CA.
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. (n)
Notes-
Appeal is deemed perfected when:
1. A party’s appeal by notice of appeal is deemed
perfected as to him upon filing of the notice of appeal
in due time
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 2. A party’s appeal by record on appeal is deemed
perfected as to him with respect to he subject matter
thereof upon the approval of the record on appeal
filed in due time.
Effect of perfection of appeal-
In appeals by notice of appeal, the court loses
jurisdiction over the case upon the perfection of appeals
filed in due time and the expiration of time to appeal of
the other parties
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.
What are the residual powers of the court?
Prior to the transmittal of the original record of the
record on appeal, the court may issue:
1. Orders for protection and preservation of the rights of
the parties which do not involve any matter litigated
by appeal;
2. Approve compromises
3. Permit appeals of indigent litigants
4. Order execution pending appeal in accordance with
Sec. 2 of Rule 39.
Mere filing of the notice of appeal does not divest the
trial court of its power to resolve pending incidents.
Valencia vs CA.
Note – doctrinically entrenched is that right of appeal is
a statutory right and the one who seeks to avail that right
must comply with the statue or rules. Failure to conform
to the rules will render the judgment for review final and
unapeallable. By way of exception, minors lapses and
for compelling reasons such as serving the ends of
justice and preventing grave miscarriage thereof.
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. (n)
Rule on the payment of appeal docket and other
lawful fees-
Within the period for taking an appeal, the appellant
shall:
1. 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.
2. 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.
Payment of appeal docket fee is mandatory and
jurisdictional. Without such payment, the appellate court
does not acquire jurisdiction over the subject matter o
the action and the decision sought to be appealed
becomes final and executory.
Rule in relaxing payment of lawful fees:
1. Failure to pay those fees within the reglementary
period allows only discretionary, not automatic
dismissal
2. Such power should be used by the court in
conjunction with its exercise of sound discretion in
accordance with the tenets of justice and fair play.
Section 6. Duty of the clerk of court. — Within fifteen
(15) days from the perfection of the appeal, the clerk of
court or the branch clerk of court of the lower court shall
transmit the original record or the record on appeal,
together with the transcripts and exhibits, which he shall
certify as complete, to the proper Regional Trial Court.
A copy of his letter of transmittal of the records to the
appellate court shall be furnished the parties. (n)
What are the duties of the clerk of court after the
perfection of the appeal?
Within fifteen (15) days from the perfection of the
appeal, the clerk of court or the branch clerk of court of
the lower court shall:
1. Transmit the original record or the record on appeal,
together with the transcripts and exhibits, which
2. He shall certify as complete, 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.
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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 the 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. (n)
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.
Duty of the appellant and the appellee upon the
notice –
1. 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.
2. Within fifteen (15) days from receipt of the
appellant's memorandum, the appellee may file his
memorandum. Failure of the appellant to file a
memorandum shall be a ground for dismissal of the
appeal.
Courses of action o the court after the filing of
memorandum-
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. (n)
Section 8. Appeal from orders dismissing case without
trial; lack of jurisdiction. — If an appeal is taken from
an order of 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. In case of affirmance
and the ground of dismissal is lack of jurisdiction over
the subject matter, the Regional Trial Court, if it has
jurisdiction thereover, shall try the case on the merits as
if the case was originally filed with it. In case of
reversal, the case shall be remanded for further
proceedings.
If the case was tried on the merits by the lower court
without jurisdiction over the subject matter, the Regional
Trial Court on appeal shall not dismiss the case if it has
original jurisdiction thereof, but shall decide the case in
accordance with the preceding section, without prejudice
to the admission of amended pleadings and additional
evidence in the interest of justice. (n)
Rule in case an appeal from orders dismissing a case
without trial?
1. If an appeal is taken from an order of 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 and the ground of dismissal is
lack of jurisdiction over the subject matter, the
Regional Trial Court, if it has jurisdiction thereover,
shall try the case on the merits as if the case was
originally filed with it. In case of reversal, the case
shall be remanded for further proceedings.
3. If the case was tried on the merits by the lower court
without jurisdiction over the subject matter, the
Regional Trial Court on appeal shall not dismiss the
case if it has original jurisdiction thereof, but shall
decide the case in accordance with the preceding
section, without prejudice to the admission of
amended pleadings and additional evidence in the
interest of justice. (n)
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. (n)
The other provisions of Rule 41 shall apply to appeals
provided for herein insofar as they are not inconsistent
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with or may serve to supplement the provisions of Decision / Judgment / Final orders of MTC or MCTC.
this Rule. (n)

Flow Chart

In case of adverse judgment, file a motion for

reconsideration o r new trial under Rule 52 within 15
days from notice of judgment.

In case of denial of MR or NT, file a petition for review

on certiorari under rule 45 with SC within 15 from the
notice of denial.

In case of adverse decision on petition for review, file a

MR or NT within 15 days from notice of judgment under
Rule 52 MR or 53 NT.

In case of denial of MR or NR, file a petition for review

within 15 days from the notice of judgment or denial of
MR or NT under Rule 42 to CA.

In case of adverse judgment, file a motion for NT or MR

within 15 days form notice of judgment under Rule 37.

Transmittal of record of the case to the RTC.

Appeal by notice of appeal within 15 days or within 30

days from the notice of judgment / decision or final
orders applying the fresh period rule to be filed with
MTC or MCTC.

Filing a motion for NT or reconsideration with the

period of taking and perfecting an appeal except in
summary procedure.

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APPEAL FROM THE REGIONAL TRIAL
COURTS TO THE COURT OF APPEALS –
RULE 41
Section 1. Subject of appeal.
Section 2. Modes of appeal.
Section 3. Period of ordinary appeal.
Section 4. Appellate court docket and other lawful fees.
Section 5. Notice of appeal.
Section 6. Record on appeal; form and contents thereof.
Section 7. Approval of record on appeal.
Section 8. Joint record on appeal.
Section 9. Perfection of appeal; effect thereof.
Section 10. Duty of clerk of court of the lower court
upon perfection of appeal.
Section 11. Transcript.
Section 12. Transmittal.
Section 13. Dismissal of appeal.
Section 1. 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)
When can appeal be made?
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.
What are the judgments or orders which are not
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;
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(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;
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.

(g) A judgment or final order for or against one or more (c) Appeal by certiorari. — In all cases where only
of several parties or in separate claims, counterclaims, questions of law are raised or involved, the appeal shall
cross-claims and third-party complaints, while the main be to the Supreme Court by petition for review on
case is pending, unless the court allows an appeal certiorari in accordance with the Rule 45. (n)
therefrom; and
The three modes of appeal-
(h) An order dismissing an action without prejudice.
1. Ordinary appeal. — The appeal to the Court of
What is the remedy in case of non-appealable Appeals in cases decided by the Regional Trial Court
judgment or orders? 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
In any of the foregoing circumstances, the aggrieved from and serving a copy thereof upon the adverse
party may file an appropriate civil action as provided in party. No record on appeal shall be required except in
Rule 65. special proceedings and other cases of multiple or
separate appeals where law on these Rules so require.
Rationale of non-appealable character of interlocutory In such cases, the record on appeal shall be filed and
order - allowing appeals from interlocutory orders would served in like manner.
result in the ‘sorry spectacle’ of a case being subject of 2. Petition for review. — The appeal to the Court of
counterproductive ping pong to and from appellate court Appeals in cases decided by the Regional Trial Court
in the exercise of its appellate jurisdiction shall be by
as often as trial court is perceived to have made an error
petition for review in accordance with Rule 42.
in any of its interlocutory rulings. 3. Appeal by certiorari. — In all cases where only
questions of law are raised or involved, the appeal
Final Order Interlocutory Order shall be to the Supreme Court by petition for review
Disposes of the subject Does not completely disposes on certiorari in accordance with the Rule 45. (n)
matter in its entirely or of the case but leaves
terminates a particular something to be decided upon
Mixed question of law and of facts; purely question
proceeding or action, leaving
nothing more to be done
of law – remedy –
Deals with preliminary
except to enforce by matters and the trial on the
execution what the court has merits is yet to be held and the Where a litigant files an appeal raise sonly questions of
determined judgment rendered. law with the CA, Sec 2 rule 20 expressly mandates that
the CA should dismiss the appeal outright as the appeal
is not reviewable by that court.

Section 3. Period of ordinary appeal. — The appeal

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
shall be taken within fifteen (15) days from notice 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 thirty (30) days
from notice of the judgment or final order.
The period of appeal shall be interrupted by a timely
motion for new trial or reconsideration. No motion for
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extension of time to file a motion for new trial or
reconsideration shall be allowed. (n)
What is the period of ordinary appeals?
1. The appeal shall be taken within fifteen (15) days
from notice of the judgment or final order appealed
from.
2. Where a record on appeal is required, the appellant
shall file a notice of appeal and a record on appeal
within thirty (30) days from notice of the judgment or
final order.
Effect of filing MR or NT for period to appeal-
The period of appeal shall be interrupted by a timely
motion for new trial or reconsideration. No motion for
extension of time to file a motion for new trial or
reconsideration shall be allowed. (n)
What is the limitation or MR or NT?
No motion for extension of time to file a motion for
new trial or reconsideration shall be allowed. (n)
Section 4. 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 of said fees shall be transmitted to the
appellate court together with the original record or the
record on appeal. (n)
What is the duty of appellant for the purposes of
appeal?
Within the period for taking an appeal, the appellant
shall:
1. 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.
2. Proof of payment of said fees shall be transmitted to
the appellate court together with the original record
or the record on appeal. (n)
Note – mere filing of the notice of appeal is not enough,
payment of docket fee is mandatory and jurisdictional.
Cases where SC relaxed the rule on payment of
appeal docket fee?
The rules may be relaxed for persuasive and weighty
reasons to relieve a litigant of an injustice commensurate
with his failure to comply with the prescribed procedure.
Section 5. Notice of appeal. — The notice of appeal
shall indicate the parties to the appeal, specify the
judgment or final order or part thereof appealed from,
specify the court to which the appeal is being taken, and
state the material dates showing the timeliness of the
appeal. (4a)
What are the contents of notice of appeal?
1. Indicate the parties to the appeal
2. Specify the judgment or final order or part thereof
appealed from
3. Specify the judgment or final order or part thereof
appealed from
4. Specify the court to which the appeal is being taken
5. State the material dates showing the timeliness of the
appeal
Section 6. Record on appeal; form and contents
thereof. — The full names of all the parties to the
proceedings shall be stated in the caption of the record
on appeal and it shall include the judgment or final order
from which the appeal is taken and, 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. 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. 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. 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. Every
record on appeal exceeding twenty (20) pages must
contain a subject index. (6a)
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What are the contents and forms of a record of
appeal? As provided in Sec. 6, Rule 41:
1. The full names of all the parties to the proceedings
shall be stated in the caption of the record on appeal
2. .It shall include the 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,
4. Together with such data as will show that the appeal
was perfected on time.
5. 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.
6. 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. 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. Every record on appeal
exceeding twenty (20) pages must contain a subject
index. (6a)
Record on appeal is not required in an action for
presumptive death – The SC clarified that while an
action for declaration of death or absence under Sec 1m
Rule 72 expressly falls under category of special
proceedings, a petition or declaration of presumptive
death under Art 41 of the Family Code is a summary
proceeding, as provided in 238 of the same Code.
Since its purpose was to enable her to contract
subsequent valid marriage, petitioner’s action was a
summary proceeding based on Art. 41 of Family Code,
rather than a special proceeding under Rule 72 of the
Rules of Court. Considering that this action was not a
special proceeding, petition was not required to file a
record on appeal when it appealed the RTC decision to
the CA.
Section 7. Approval of record on appeal. — 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. 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)
What are the courses of action of the court upon the
filing of a record on appeal?
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:
1. May approve it as presented
2. 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.
Effects in case of order of amendment?
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:
1. Redraft the record by including therein, in their
proper chronological sequence, such additional
matters as the court may have directed him to
incorporate
2. Shall thereupon submit the redrafted record for
approval, upon notice to the appellee, in like manner
as the original draft. (7a)
Section 8. 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. (8a)
Duties of the parties if both are appellants-
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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.
Section 9. Perfection of appeal; effect thereof. — A
party's appeal by notice of appeal is deemed perfected as
to him upon the filing of the notice of appeal in due
time.
A party's 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.
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.
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 appeal of the other parties.
In either case, prior to the transmittal of the original
record or the record on appeal, the 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 compromises, permit appeals of
indigent litigants, order execution pending appeal in
accordance with 2 of Rule 39, and allow withdrawal of
the appeal. (9a)
When appeal is deemed perfected?
1. A party's 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.
2. 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.
What are the effects of perfection of the appeal?
1. 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.
2. 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 appeal of the other
parties.
What are the residual powers of the court?
In either case, prior to the transmittal of the original
record or the record on appeal, the court may:
1. Issue orders for the protection and preservation of the
rights of the parties which do not involve any matter
litigated by the appeal,
2. Approve compromises,
3. Permit appeals of indigent litigants,
4. Order execution pending appeal in accordance with 2
of Rule 39, and
5. Allow withdrawal of the appeal.
Section 10. Duty of clerk of court of the lower court
upon perfection of appeal. — Within thirty (30) days
after perfection of all the appeals in accordance with the
preceding section, it shall be the duty of the clerk of
court of the lower court:
(a) To verify the correctness of the original record or the
record on appeal, as the case may be aid to make
certification of its correctness;
(b) To verify the completeness of the records that will
be, transmitted to the appellate court;
(c) If found to be incomplete, to take such measures as
may be required to complete the records, availing of the
authority that he or the court may exercise for this
purpose; and
(d) To transmit the records to the appellate court.
If the efforts to complete the records fail, he shall
indicate in his letter of transmittal the exhibits or
transcripts not included in the records being transmitted
to the appellate court, the reasons for their non-
transmittal, and the steps taken or that could be taken to
have them available.
The clerk of court shall furnish the parties with copies of
his letter of transmittal of the records to the appellate
court. (10a)
10
What are the duties of the clerk of court of the lower
court upon perfection of appeal?
Within thirty (30) days after perfection of all the appeals
in accordance with the preceding section, it shall be the
duty of the clerk of court of the lower court:
1. To verify the correctness of the original record or the
record on appeal, as the case may be aid to make
certification of its correctness;
2. To verify the completeness of the records that will
be, transmitted to the appellate court;
3. If found to be incomplete, to take such measures as
may be required to complete the records, availing of
the authority that he or the court may exercise for this
purpose; and
4. To transmit the records to the appellate court.
5. If the efforts to complete the records fail, he shall
indicate in his letter of transmittal the exhibits or
transcripts not included in the records being
transmitted to the appellate court, the reasons for
their non-transmittal, and the steps taken or that could
be taken to have them available.
The clerk of court shall furnish the parties with copies of
his letter of transmittal of the records to the appellate
court.
Section 11. Transcript. — Upon the perfection of the
appeal, the clerk shall immediately direct the
stenographers concerned to attach to the record of the
case five (5) copies of the transcripts of the testimonial
evidence referred to in the record on appeal. The
stenographers concerned shall transcribe such
testimonial evidence and shall prepare and affix to their
transcripts an index containing the names of the
witnesses and the pages wherein their testimonies are
found, and a list of the exhibits and the pages wherein
each of them appears to have been offered and admitted
or rejected by the trial court. The transcripts shall be
transmitted to the clerk of the trial court who shall
thereupon arrange the same in the order in which the
witnesses testified at the trial, and shall cause the pages
to be numbered consecutively. (12a)
What is the rule on transcript of stenographic notes?
Upon the perfection of the appeal, the clerk shall
immediately direct the stenographers concerned to:
1. Attach to the record of the case five (5) copies of the
transcripts of the testimonial evidence referred to in
the record on appeal.
2. The stenographers concerned shall transcribe such
testimonial evidence and shall prepare and affix to
their transcripts an index containing the names of the
witnesses and the pages wherein their testimonies are
found, and a list of the exhibits and the pages wherein
each of them appears to have been offered and
admitted or rejected by the trial court.
3. The transcripts shall be transmitted to the clerk of the
trial court who shall thereupon arrange the same in
the order in which the witnesses testified at the trial,
and shall cause the pages to be numbered
consecutively.
Section 12. Transmittal. — The clerk of the trial court
shall transmit to the appellate court the original record or
the approved record on appeal within thirty (30) days
from the perfection of the appeal, together with the proof
of payment of the appellate court docket and other
lawful fees, a certified true copy of the minutes of the
proceedings, the order of approval, the certificate of
correctness, the original documentary evidence referred
to therein, and the original and three (3) copies of the
transcripts. Copies of the transcripts and certified true
copies of the documentary evidence shall remain in the
lower court for the examination of the parties. (11a)
What are the documents to be transmitted to the
appellate court?
The clerk of the trial court shall:
1. Transmit to the appellate court the original record or
the approved record on appeal within thirty (30) days
from the perfection of the appeal,
2. Together with the proof of payment of the appellate
court docket and other lawful fees,
3. A certified true copy of the minutes of the
proceedings,
4. The order of approval, the certificate of correctness,
5. The original documentary evidence referred to
therein, and
6. The original and three (3) copies of the transcripts.
Copies of the transcripts and certified true copies of
the documentary evidence shall remain in the lower
court for the examination of the parties.
Section 13. Dismissal of appeal. — Prior to the
transmittal of the original record or the record on appeal
11
to the appellate court, the trial court may motu propio or PETITION FOR REVIEW WITH COURT OF
on motion dismiss the appeal for having been taken out APPEALS – RULE 42
of time. (14a)
Section 1. How appeal taken; time for filing.
When the trial court can dismiss the appeal?
Section 2. Form and contents.
Prior to the transmittal of the original record or the
record on appeal to the appellate court, the trial court Section 3. Effect of failure to comply with requirements.
may motu propio or on motion dismiss the appeal for:
Section 4. Action on the petition.
1. Having been taken out of time.
2. Non-payment of the docket and other lawful fees Section 5. Contents of comment.
within the reglementary period.
Section 6. Due course.

Section 7. Elevation of record.

Section 8. Perfection of appeal; effect thereof.

Section 9. Submission for decision.

What is a petition for review – it is a mode of appeal,

taken within the period for appeal, from the decision
rendered by the Regional Trial Court in the exercise of
its appellate jurisdiction in cases originating in the
municipal and metropolitan trial courts.

Constitutional mandate – Sec 14, Article II states “No

petition for review or motion for reconsideration of the
court shall be refused due course or denied without
stating the legal basis therefor.

Section 1. How appeal taken; time for filing. — A party

desiring to appeal from a decision of the Regional Trial
Court rendered in the exercise of its appellate
jurisdiction may file a verified petition for review with
the Court of Appeals, paying at the same time to the
clerk of said court the corresponding docket and other
lawful fees, depositing the amount of P500.00 for costs,
and furnishing the Regional Trial Court and the adverse
party with a copy of the petition. The petition shall be
filed and served within fifteen (15) days from notice of
the decision sought to be reviewed or of the denial of
petitioner's motion for new trial or reconsideration filed
in due time after judgment. 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. No
further extension shall be granted except for the most
12
compelling reason and in no case to exceed fifteen (15)
days. (n)
How to appeal from the decision of RTC in exercise
of its appellate jurisdiction?
A party desiring to appeal from a decision of the
Regional Trial Court rendered in the exercise of its
appellate jurisdiction may file:
1. A verified petition for review with the Court of
Appeals,
2. Paying at the same time to the clerk of said court the
corresponding docket and other lawful fees,
3. Depositing the amount of P500.00 for costs,
4. Furnishing the Regional Trial Court and the adverse
party with a copy of the petition.
When to file the petition?
The petition shall be filed and served within fifteen (15)
days from notice of the decision sought to be reviewed
or of the denial of petitioner's motion for new trial or
reconsideration filed in due time after judgment.
Extension of filing petition for review-
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. No further extension shall be granted except
for the most compelling reason and in no case to exceed
fifteen (15) days. (n)
Note – therefore, the extension of time is prohibited only
in ordinary appeal and not for petition or review.
Motion for extension of time must be filed before the
expiration of the original period: If the last day falls
on Saturday, Sunday or legal holiday, the last day
will be the next working business day.
Substantial justice and fair play is an exception to the
mandatory period.
Section 2. Form and contents. — The petition shall be
filed in seven (7) legible copies, with the original copy
intended for the court being indicated as such by the
petitioner, and shall (a) state the full names of the parties
to the case, without impleading the lower courts or
judges thereof either as petitioners or respondents; (b)
indicate the specific material dates showing that it was
filed on time; (c) set forth concisely a statement of the
matters involved, the issues raised, the specification of
errors of fact or law, or both, allegedly committed by the
Regional Trial Court, and the reasons or arguments
relied upon for the allowance of the appeal; (d) be
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.
The petitioner shall also submit together with the
petition a certification under oath that he has not
theretofore commenced any other action involving the
same issues in the Supreme Court, the Court of Appeals
or different divisions thereof, or any other tribunal or
agency; if there is such other action or proceeding, he
must state the status of the same; and if he should
thereafter learn that a similar action or proceeding has
been filed or is pending before the Supreme Court, the
Court of Appeals, or different divisions thereof, or any
other tribunal or agency, he undertakes to promptly
inform the aforesaid courts and other tribunal or agency
thereof within five (5) days therefrom. (n)
What are the forms and contents of the petition?
The petition shall be filed in seven (7) legible copies,
with the original copy intended for the court being
indicated as such by the petitioner, and shall:
(a) state the full names of the parties to the case,
without impleading the lower courts or judges
thereof either as petitioners or respondents;
(b) indicate the specific material dates showing
that it was filed on time;
(c) set forth concisely a statement of the matters
involved, the issues raised, the specification of
errors of fact or law, or both, allegedly
committed by the Regional Trial Court, and the
reasons or arguments relied upon for the
allowance of the appeal;
13
 (d) be 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.
Certificate of Non-Forum Shopping is required
The petitioner shall also submit together with the
petition a certification under oath that he has not
theretofore commenced any other action involving the
same issues in the Supreme Court, the Court of Appeals
or different divisions thereof, or any other tribunal or
agency; if there is such other action or proceeding, he
must state the status of the same; and if he should
thereafter learn that a similar action or proceeding has
been filed or is pending before the Supreme Court, the
Court of Appeals, or different divisions thereof, or any
other tribunal or agency, he undertakes to promptly
inform the aforesaid courts and other tribunal or agency
thereof within five (5) days therefrom. (n)
RE: Amendment as to number of copies of the petition
to be filed with the CA under Efficient Use of Paper
Rule, Sec. 5 of AM No. 11-9-4 states –
Sec. 5 Copies to be filed – Unless otherwise
directed by the court, the number of th court
bound papers that a party is required or desired
to file shall be as follows:
xxx
b. In the Court of Appeals and Sandiganbayan,
one original (properly marked ) and two copies
with their annexes.
Section 3. Effect of failure to comply with
requirements. — The failure of the petitioner to comply
with any of the foregoing requirements regarding the
payment of the docket and other lawful fees, the deposit
for costs, proof of service of the petition, and the
contents of and the documents which should accompany
the petition shall be sufficient ground for the dismissal
thereof. (n)
Effect of failure to comply with the requirements-
The failure of the petitioner to comply with any of the
foregoing requirements regarding the:
1. Payment of the docket and other lawful fees,
2. The deposit for costs,
3. Proof of service of the petition, and
4. The contents of and the documents
Which should accompany the petition shall be sufficient
ground for the dismissal thereof. (n)
Section 4. 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
insubstantial to require consideration. (n)
What are the courses of action of the court on the
petition?
The Court of Appeals may:
1. Require the respondent to file a comment on the
petition, not a motion to dismiss, within ten (10) days
from notice, or
2. Dismiss the petition if it finds the same to be patently
without merit, prosecuted manifestly for delay,
3. Dismiss the petition if the questions raised therein are
too insubstantial to require consideration.
Section 5. Contents of comment. — The comment of
the respondent shall be filed in seven (7) legible copies,
accompanied by certified true copies of such material
portions of the record referred to therein together with
other supporting papers and shall (a) state whether or not
he accepts the statement of matters involved in the
petition; (b) point out such insufficiencies or
inaccuracies as he believes exist in petitioner's statement
of matters involved but without repetition; and (c) state
the reasons why the petition should not be given due
course. A copy thereof shall be served on the petitioner.
(a)
What are the contents of a comment on the petition?
The comment of the respondent shall be filed in seven
(7) legible copies, accompanied by certified true copies
of such material portions of the record referred to therein
together with other supporting papers and shall
14
 (a) state whether or not he accepts the statement
of matters involved in the petition;
(b) point out such insufficiencies or inaccuracies
as he believes exist in petitioner's statement of
matters involved but without repetition; and
(c) state the reasons why the petition should not
be given due course. A copy thereof shall be
served on the petitioner. (a)
Section 6. Due course. — If upon the filing of the
comment or such other pleadings as the court may allow
or require, or after the expiration of the period for the
filing thereof without such comment or pleading having
been submitted, 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. (n)
Rule in giving due course in the petition-
If upon the filing of the comment or such other pleadings
as the court may allow or require, or after the expiration
of the period for the filing thereof without such comment
or pleading having been submitted, 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
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. (n)
When the CA can order the elevation of the 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)
Section 8. 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 compromises, permit appeals of indigent
litigants, order execution pending appeal in accordance
with section 2 of Rule 39, and allow withdrawal of the
appeal. (9a, R41)
(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. (a)
When the appeal I deemed perfected?
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
Effects of the perfection of the appeal-
1. 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.
2. 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. (a)
What are the residual powers of the Regional Trial
Court?
However, before the Court of Appeals gives due course
to the petition, the Regional Trial Court may:
1. Issue orders for the protection and preservation of the
rights of the parties which do not involve any matter
litigated by the appeal,
2. Approve compromises,
3. Permit appeals of indigent litigants,
15
 4. Order execution pending appeal in accordance with
section 2 of Rule 39, and
5. Allow withdrawal of the appeal.
On ejectment cases, there can be immediate
execution of RTC’s decision on appeal to CA or SC.
It doesn’t require good reasons, or even the filing off
bond to allow the prevailing party to be granted of
immediate execution.
Section 9. Submission for decision. — If the petition is
given due course, the Court of Appeals may set the case
for oral argument or require the parties to submit
memoranda within a period of fifteen (15) days from
notice. The case shall be deemed submitted for decision
upon the filing of the last pleading or memorandum
required by these Rules or by the court itself.
What is the rule on submission of the petition for
decision?
If the petition is given due course, the Court of Appeals
may:
1. Set the case for oral argument
2. Require the parties to submit memoranda within a
period of fifteen (15) days from notice.
3. The case shall be deemed submitted for decision
upon the filing of the last pleading or memorandum
required by these Rules or by the court itself.
Resolution or submission of memoranda is subject to
the discretion of the court.
Appeal from the decisions of Regional Trial Courts
sitting as Special Agrarian Courts is by way of
Petition for Review under Rule 42. The reference
therefore by Sec 61 only means that the procedure
under Rule 42 for petition for review is to be followed
in agrarian cases.
RULE 43 - APPEALS FROM THE COURT OF
TAX APPEALS AND QUASI-JUDICIAL
AGENCIES TO THE COURT OF APPEALS
Section 1. Scope.
Section 2. Cases not covered
Section 3. Where to appeal.
Section 4. Period of appeal.
Section 5. How appeal taken
Section 6. Contents of the petition.
Section 7. Effect of failure to comply with requirements.
Section 8. Action on the petition.
Section 9. Contents of comment.
Section 10. Due course.
Section 11. Transmittal of record.
Section 12. Effect of appeal.
Section 13. Submission for decision.
Quasi-judicial power defined – the term which applies
to the discretion, etc., of public administrative officers or
bodies, who are required to investigate facts, or ascertain
the existence of facts, holding hearings, and draw
conclusions from them, as a basis for their official
function and to exercise discretion of judicial nature.
Substantive basis of the power of Court of Appeals
over decision of quasi-judicial bodies.
Sec. 9 BP 129
Section 9. Jurisdiction. – The Court of Appeals
shall Exercise:
16
 1. Original jurisdiction to issue writs of
mandamus, prohibition, certiorari,
habeas corpus, and quo warranto, and
auxiliary writs or processes, whether or
not in aid of its appellate jurisdiction;
2. Exclusive original jurisdiction over
actions for annulment of judgements of
Regional Trial Courts; and
3. Exclusive appellate jurisdiction over
all final judgements, resolutions, orders
or awards of Regional Trial Courts and
quasi-judicial agencies,
instrumentalities, boards or commission,
including the Securities and Exchange
Commission, the Social Security
Commission, the Employees
Compensation Commission and the
Civil Service Commission, Except those
falling within the appellate jurisdiction
of the Supreme Court in accordance
with the Constitution, the Labor Code of
the Philippines under Presidential
Decree No. 442, as amended, the
provisions of this Act, and of
subparagraph (1) of the third paragraph
and subparagraph 4 of the fourth
paragraph od Section 17 of the Judiciary
Act of 1948.
The court of Appeals shall have the power to try
cases and conduct hearings, receive evidence
and perform any and all acts necessary to
resolve factual issues raised in cases falling
within its original and appellate jurisdiction,
including the power to grant and conduct new
trials or Appeals must be continuous and must
be completed within three (3) months, unless
extended by the Chief Justice. (as amended by
R.A. No. 7902.)
What are the cases falling under exclusive appellate
jurisdiction of Court of Appeals?
Exclusive appellate jurisdiction over
All final judgements, resolutions, orders or awards of
1. Regional Trial Courts and
2. Quasi-judicial agencies, instrumentalities, boards or
commission, including the
3. Securities and Exchange Commission,
4. The Social Security Commission,
5. The Employees Compensation Commission and
6. The Civil Service Commission,
Except those falling within the appellate jurisdiction of
the Supreme Court in accordance with the Constitution,
the Labor Code of the Philippines under Presidential
Decree No. 442, as amended, the provisions of this Act,
and of subparagraph (1) of the third paragraph and
subparagraph 4 of the fourth paragraph od Section 17 of
the Judiciary Act of 1948.
Section 1. Scope. — This Rule shall apply to appeals
from judgments or final orders of the Court of Tax
Appeals 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 Civil Service Commission,
Central Board of Assessment Appeals, Securities and
Exchange Commission, Office of the President, Land
Registration Authority, Social Security Commission,
Civil Aeronautics Board, Bureau of Patents, Trademarks
and Technology Transfer, National Electrification
Administration, Energy Regulatory Board, National
Telecommunications Commission, Department of
Agrarian Reform under Republic Act No. 6657,
Government Service Insurance System, Employees
Compensation Commission, Agricultural Invention
Board, Insurance Commission, Philippine Atomic
Energy Commission, Board of Investments,
Construction Industry Arbitration Commission, and
voluntary arbitrators authorized by law. (n)
This Rule shall apply to appeals from judgments or final
orders of the:
1. Court of Tax Appeals (amended already) and from
2. Awards, judgments, final orders or resolutions of or
authorized by any quasi-judicial agency in the
exercise of its quasi-judicial functions.
a. Among these agencies are the:
1. Civil Service Commission,
2. Central Board of Assessment
Appeals,
3. Securities and Exchange
Commission,
4. Office of the President,
17
 5. Land Registration Authority,
6. Social Security Commission,
7. Civil Aeronautics Board,
8. Bureau of Patents,
9. Trademarks and Technology
Transfer,
10.National Electrification
Administration,
11.Energy Regulatory Board,
12.National Telecommunications
Commission,
13.Department of Agrarian Reform
under Republic Act No. 6657,
14.Government Service Insurance
System,
15. Employees Compensation
Commission,
16.Agricultural Invention Board,
Insurance Commission,
17.Philippine Atomic Energy
Commission,
18.Board of Investments,
19.Construction Industry Arbitration
Commission, and voluntary
arbitrators authorized by law.
Decision of the Ombudsman in administrative cases
is reviewable by the CA under Rule 43. Findings of
facts of the Ombudsman in administrative cases are
accorded with respect and finality.
Jurisdiction of Housing Land Use and Regulatory
Board
Section 1 of Presidential Decree No. 957 (Regulating the
Sale of Subdivision Lots and Condominiums, Providing
Penalties for Violations Thereof) defines the HLURB’s
jurisdiction to three kinds of cases:
(a) Unsound real estate business practices;
(b) Claims involving refund and any other claims
filed by subdivision lot or condominium unit buyers
against the project owner, developer, dealer, broker or
salesman; and
(c) Cases involving specific performance of
contractual and statutory obligations filed by buyers of
subdivision lots or condominium units against the
owner, developer, dealer, broker or salesman.
The Court said that while paragraphs (b) and (c)
limit the HLURB’s authority to cases between the buyer
and the subdivision or condominium owner, developer,
dealer, broker or salesman, paragraph (a) is broad
enough to include third parties to the sales contract.
Decision of Department of Agrarian Reform is
reviewable under Rule 43.
Sec. 61 of RA No. 6657 clearly mandates that judicial
review of DAR Secretary decisions, orders or
resolutions are governed by rule 43 of ROC.
Court of Appeals has no jurisdiction to annul the
decision of SEC. It cannot annul the decision of SEC
under Rule 47, it applies only to judgment or final orders
of Regional Trial Court in civil cases per Sec. 1. MTC
judgment and final orders can be annulled by RTC as per
Sec 10. Court of Appeals can reverse of modify the SEC
Decision under Rule 43.
Jurisdiction of Construction Industry and
Arbitration Commission – Base don Sec 4 of EO 1008,
in order for CIACC to acquire jurisdiction, two
requisites must concur: “First, the dispute must
somehow related to a construction contract; and second,
the parties must have agreed to submit the dispute to
arbitration proceeding.”
Excluded quasi-judicial bodies under the coverage of
the rules
1. Court of Appeals – It must be noted however, that
by virtue of AM No 05-11-07-CTA 2005 of RA 9282
or Revised Rules of Court of Appeals, as amended,
Sec. 1 Rule 16 thereof, a party adversely affected by
a decision of the CTA en banc may appeal therefrom
by filing with SC a verified petition for review on
certiorari under Rule 45.
2. Central Board of Assessment Appeals – Sec 2(e),
Rule 4 of Revised Rules of CTA, the CTA en banc
will also exercise exclusive appellate jurisdiction
over cases involving the assessment and taxation of
real property originally decided by the provincial or
city board of assessment of appeals.
3. Labor Cases with NLRC – the procedure in labor
cases enunciated by the Court in case of St. Martin
Funeral Home vs NLRC has remained to be
prevailing rule and authority governing judicial
review of decisions and interlocutory orders of the
NLRC. The peculiar decision as reached y the court
18
 soley for the purpose of “drastically reducing the
workload of the SC without depriving the litigants
the privilege of review by an appellate tribunal.
Hence, the CA has still authority to review
decisions of the NLR but not on Rule 43, but
through petition for certiorari under Rule 65 – a
remedy wherin the SC exercises concurrent
jurisdiction with CA.
Section 2. Cases not covered. — This Rule shall not
apply to judgments or final orders issued under the
Labor Code of the Philippines. (n)
What are cases not covered?
This Rule shall not apply to judgments or final orders
issued under the Labor Code of the Philippines. (n)
Section 3. Where to appeal. — An appeal under this
Rule may be taken to the Court of Appeals within the
period and in the manner herein provided, whether the
appeal involves questions of fact, of law, or mixed
questions of fact and law. (n)
Where to appeal and the grounds?
An appeal under this Rule may be taken to the Court of
Appeals within the period and in the manner herein
provided, whether the appeal involves questions of fact,
of law, or mixed questions of fact and law.
Section 4. Period of appeal. — The appeal shall be taken
within fifteen (15) days from notice of the award,
judgment, 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 petitioner's motion for
new trial or reconsideration duly filed in accordance
with the governing law of the court or agency a quo.
Only one (1) motion for reconsideration shall be
allowed. Upon proper motion and the payment of the full
amount of the docket fee 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. No further extension shall
be granted except for the most compelling reason and in
no case to exceed fifteen (15) days. (n)
When to file an appeal?
The appeal shall be taken within:
1. Fifteen (15) days from notice of the award, judgment,
final order or resolution,
2. Fifteen (15) days from the date of its last publication,
if publication is required by law for its effectivity, or
3. Fifteen (15) days from the denial of petitioner's
motion for new trial or reconsideration duly filed in
accordance with the governing law of the court or
agency a quo.
Only one (1) motion for reconsideration shall be
allowed.
The filing of the petition can be extend. -
Upon proper motion and the payment of the full amount
of the docket fee 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. No further extension shall
be granted except for the most compelling reason and in
no case to exceed fifteen (15) days. (n)
Section 5. How appeal taken. — Appeal shall be taken
by filing a verified petition for review in seven (7)
legible copies with the Court of Appeals, with proof of
service of a copy thereof on the adverse party and on the
court or agency a quo. The original copy of the petition
intended for the Court of Appeals shall be indicated as
such by the petitioner.
Upon the filing of the petition, the petitioner shall pay to
the clerk of court of the Court of Appeals the docketing
and other lawful fees and deposit the sum of P500.00 for
costs. Exemption from payment of docketing and other
lawful fees and the deposit for costs may be granted by
the Court of Appeals upon a verified motion setting forth
valid grounds therefor. If the Court of Appeals denies
the motion, the petitioner shall pay the docketing and
other lawful fees and deposit for costs within fifteen (15)
days from notice of the denial. (n)
How appeal shall be taken?
Appeal shall be taken by:
1. Filing a verified petition for review in seven (7)
legible copies with the Court of Appeals,
2. With proof of service of a copy thereof on the
adverse party and on the court or agency a quo.
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 3. The original copy of the petition intended for the
Court of Appeals shall be indicated as such by the
petitioner.
What is the duty of the petitioner?
Upon the filing of the petition, the petitioner shall pay
to the clerk of court of the Court of Appeals the
docketing and other lawful fees and deposit the sum of
P500.00 for costs.
Can the petitioner be granted exemption from
payment of fees?
Yes. Exemption from payment of docketing and other
lawful fees and the deposit for costs may be granted by
the Court of Appeals upon a verified motion setting forth
valid grounds therefor.
What is the effect if the motion is denied?
Exemption from payment of docketing and other lawful
fees and the deposit for costs may be granted by the
Court of Appeals upon a verified motion setting forth
valid grounds therefor.
Section 6. Contents of the petition. — The petition for
review shall (a) state the full names of the parties to the
case, without impleading the court or agencies either as
petitioners or respondents; (b) contain a concise
statement of the facts and issues involved and the
grounds relied upon for the review; (c) be accompanied
by a clearly legible duplicate original or a certified true
copy of the award, judgment, final order or resolution
appealed from, together with certified true copies of
such material portions of the record referred to therein
and other supporting papers; and (d) contain a sworn
certification against forum shopping as provided in the
last paragraph of section 2, Rule 42. The petition shall
state the specific material dates showing that it was filed
within the period fixed herein. (2a)
What are the contents of the petition?
The petition for review shall contain the following:
(a) state the full names of the parties to the case,
without impleading the court or agencies either
as petitioners or respondents;
(b) contain a concise statement of the facts and
issues involved and the grounds relied upon for
the review;
(c) be accompanied by a clearly legible duplicate
original or a certified true copy of the award,
judgment, final order or resolution appealed
from, together with certified true copies of such
material portions of the record referred to therein
and other supporting papers; and
(d) contain a sworn certification against forum
shopping as provided in the last paragraph of
section 2, Rule 42.
The petition shall state the specific material dates
showing that it was filed within the period fixed herein.
Section 7. Effect of failure to comply with
requirements. — The failure of the petitioner to comply
with any of the foregoing requirements regarding the
payment of the docket and other lawful fees, the deposit
for costs, proof of service of the petition, and the
contents of and the documents which should accompany
the petition shall be sufficient ground for the dismissal
thereof. (n)
What is the effect of failure to comply with
requirements?
The failure of the petitioner to comply with any of the
foregoing requirements regarding the payment of the
docket and other lawful fees, the deposit for costs, proof
of service of the petition, and the contents of and the
documents which should accompany the petition shall be
sufficient ground for the dismissal thereof.
Section 8. 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. (6a)
What are the courses of action of the court?
The Court of Appeals may
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 1. Require the respondent to file a comment on the
petition not a motion to dismiss, within ten (10) days
from notice, or
2. Dismiss the petition if it finds the same to be patently
without merit, prosecuted manifestly for delay, or
3. That the questions raised therein are too unsubstantial
to require consideration.
Section 9. Contents of comment. — The comment shall
be filed within ten (10) days from notice in seven (7)
legible copies and accompanied by clearly legible
certified true copies of such material portions of the
record referred to therein together with other supporting
papers. The comment shall (a) point out insufficiencies
or inaccuracies in petitioner's statement of facts and
issues; and (b) state the reasons why the petition should
be denied or dismissed. A copy thereof shall be served
on the petitioner, and proof of such service shall be filed
with the Court of Appeals. (9a)
Requirements in filing a comment-
1. Must be filed within 10 days from the notice
2. In 7 legible copies
3. Accompanied by clearly legible certified true copies
of such material portions of the record referred to
therein together with other supporting papers.
What are the contents of the comment?
The comment shall:
(a) point out insufficiencies or inaccuracies in
petitioner's statement of facts and issues; and
(b) state the reasons why the petition should be
denied or dismissed.
A copy thereof shall be served on the petitioner, and
proof of such service shall be filed with the Court of
Appea
Section 10. Due course. — If upon the filing of the
comment or such other pleadings or documents as may
be required or allowed by the Court of Appeals or upon
the expiration of the period for the filing thereof, and on
the records the Court of Appeals finds prima facie that
the court or agency concerned has committed errors of
fact or law that would warrant reversal or modification
of the award, judgment, final order or resolution sought
to be reviewed, it may give due course to the petition;
otherwise, it shall dismiss the same. The findings of fact
of the court or agency concerned, when supported by
substantial evidence, shall be binding on the Court of
Appeals. (n)
What is the rule if petition is given due course?
If upon the filing of the comment or such other pleadings
or documents as may be required or allowed by the
Court of Appeals or upon the expiration of the period for
the filing thereof, and on the records the Court of
Appeals finds prima facie that the court or agency
concerned has committed errors of fact or law that
would warrant reversal or modification of the award,
judgment, final order or resolution sought to be
reviewed, it may give due course to the petition;
otherwise, it shall dismiss the same.
The findings of fact of the court or agency concerned,
when supported by substantial evidence, shall be binding
on the Court of Appeals.
Section 11. Transmittal of record. — Within fifteen
(15) days from notice that the petition has been given
due course, the Court of Appeals may require the court
or agency concerned to transmit the original or a legible
certified true copy of the entire record of the proceeding
under review. The record to be transmitted may be
abridged by agreement of all parties to the proceeding.
The Court of Appeals may require or permit subsequent
correction of or addition to the record. (8a)
What is the rule on transmittal of the record?
Within fifteen (15) days from notice that the petition has
been given due course, the Court of Appeals may require
the court or agency concerned to transmit the original or
a legible certified true copy of the entire record of the
proceeding under review. The record to be transmitted
may be abridged by agreement of all parties to the
proceeding.
The Court of Appeals may require or permit subsequent
correction of or addition to the record.
Section 12. Effect of appeal. — The appeal shall not
stay the award, judgment, final order or resolution
sought to be reviewed unless the Court of Appeals shall
21
direct otherwise upon such terms as it may deem just.
(10a)

Effect of the appeal-

The appeal shall not stay the award, judgment, final

order or resolution sought to be reviewed unless the
Court of Appeals shall direct otherwise upon such terms
as it may deem just.

Section 13. Submission for decision. — If the petition is

given due course, the Court of Appeals may set the case
for oral argument or require the parties to submit
memoranda within a period of fifteen (15) days from
notice. The case shall be deemed submitted for decision
upon the filing of the last pleading or memorandum
required by these Rules or by the court of Appeals. (n)

If the petition is given due course, the Court of Appeals

may:

1. Set the case for oral argument or

2. Require the parties to submit memoranda within a
period of fifteen (15) days from notice.

The case shall be deemed submitted for decision upon

the filing of the last pleading or memorandum
required by these Rules or by the court of Appeals. (n)

Procedure for Ordinary Appeals – Rule 44

Section 1. Title of cases.

Section 2. Counsel and guardians.

Section 3. Order of transmittal of record.

Section 4. Docketing of case.

Section 5. Completion of record.

Section 6. Dispensing with complete record.

Section 7. Appellant's brief.

Section 8. Appellee's brief.

Section 9. Appellant's reply brief.

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Section 10. Time of filing memoranda in special cases.
Section 11. Several appellants or appellees or several
counsel for each party.
Section 12. Extension of time for filing briefs.
Section 13. Contents of appellant's brief.
Section 14. Contents of appellee's brief.
Section 1. Title of cases. — In all cases appealed to the
Court of Appeals under Rule 41, the title of the case
shall remain as it was in the court of origin, but the party
appealing the case shall be further referred to as the
appellant and the adverse party as the appellee. (1a, R46)
What is the rule in the title of the case?
In all cases appealed to the Court of Appeals under Rule
41, the title of the case shall remain as it was in the court
of origin, 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. — 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. When others
appear or are appointed, notice thereof shall be served
immediately on the adverse party and filed with the
court. (2a, R46)
Rule for the counsel and guardians ad litem-
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.
When others appear or are 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, either party may file a motion
with the trial court, with notice to the other, for the
transmittal of such record or record on appeal. (3a, R46)
Remedy is the record on appeal is not transmitted to
CA?
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, either party may
file a motion with the trial court, with notice to the other,
for the transmittal of such record or record on appeal
Section 4. Docketing of case. — Upon receiving the
original record or the record on appeal and the
accompanying documents and exhibits transmitted by
the lower court, 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. (4a, R46)
Within ten (10) days from receipt of said notice, the
appellant, in appeals by record on appeal, shall file with
the clerk of court seven (7) clearly legible copies of the
approved record on appeal, together with the proof of
service of two (2) copies thereof upon the appellee.
Any unauthorized alteration, omission or addition in the
approved record on appeal shall be a ground for
dismissal of the appeal. (n)
What is the rule in docketing of the case?
— Upon receiving the original record or the record on
appeal and the accompanying documents and exhibits
transmitted by the lower court, 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.
What is the duty of the appellant upon receipt of
notice?
Within ten (10) days from receipt of said notice, the
appellant, in appeals by record on appeal, shall file with
the clerk of court seven (7) clearly legible copies of the
approved record on appeal, together with the proof of
service of two (2) copies thereof upon the appellee.
Effect of unauthorized alteration, omission or
addition in approved record on appeal-
23
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. — Where the record of
the docketed case is incomplete, the clerk of court of the
Court of Appeals shall so inform said court and
recommend to it measures necessary to complete the
record. It shall be the duty of said court to take
appropriate action towards the completion of the record
within the shortest possible time. (n)
Rule if the record of appeal is incomplete-
Where the record of the docketed case is incomplete, the
clerk of court of the Court of Appeals shall so inform
said court and recommend to it measures necessary to
complete the record. 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 record. — Where
the completion of the record could not be accomplished
within a sufficient period allotted for said purpose due to
insuperable or extremely difficult causes, the court, on
its own motion or on motion of any of the parties, may
declare that the record and its accompanying transcripts
and exhibits so far available are sufficient to decide the
issues raised in the appeal, and shall issue an order
explaining the reasons for such declaration. (n)
Courses of action of CA is the record is incomplete-
Where the completion of the record could not be
accomplished within a sufficient period allotted for said
purpose due to insuperable or extremely difficult causes,
the court, on its own motion or on motion of any of the
parties, may:
1. Declare that the record and its accompanying
transcripts and exhibits so far available are sufficient
to decide the issues raised in the appeal, and
2. Shall issue an order explaining the reasons for such
declaration.
Section 7. Appellant's brief. — It shall be the duty of
the appellant to file with the court, within forty-five (45)
days from receipt of the notice of the clerk that all the
evidence, oral and documentary, are attached to the
record, seven (7) copies of his legibly typewritten,
mimeographed or printed brief, with proof of service of
two (2) copies thereof upon the appellee. (10a, R46)
When to file appellant’s brief?
It shall be the duty of the appellant to file with the court,
within forty-five (45) days from receipt of the notice
of the clerk that all the evidence, oral and documentary,
are attached to the record, seven (7) copies of his legibly
typewritten, mimeographed or printed brief, with proof
of service of two (2) copies thereof upon the appellee.
Failure to file appellant’s brief is a ground for
dismissal of the appeal. Even not jurisdictional, it will
cause the dismissal.
Section 8. Appellee's brief. — Within forty-five (45)
days from receipt of the appellant's brief, the appellee
shall file with the court seven (7) copies of his legibly
typewritten, mimeographed or printed brief, with proof
of service of two (2) copies thereof upon the appellant.
(11a, R46)
When will an appellee’s brief is to be filed?
Within forty-five (45) days from receipt of the
appellant's brief, the appellee shall file with the court
seven (7) copies of his legibly typewritten,
mimeographed or printed brief, with proof of service of
two (2) copies thereof upon the appellant. (11a, R46)
Section 9. Appellant's reply brief. — Within twenty (20)
days from receipt of the appellee's brief, the appellant
may file a reply brief answering points in the appellee's
brief not covered in his main brief. (12a, R46)
When to file appellant’s reply brief?
Within twenty (20) days from receipt of the appellee's
brief, the appellant may file a reply brief answering
points in the appellee's brief not covered in his main
brief.
Section 10. Time of filing memoranda in special cases.
— In certiorari, prohibition, mandamus, quo warranto
and habeas corpus cases, the parties shall file in lieu of
briefs, their respective memoranda within a non-
extendible period of thirty (30) days from receipt of the
notice issued by the clerk that all the evidence, oral and
24
documentary, is already attached to the record. (13a,
R46)
The failure of the appellant to file his memorandum
within the period therefor may be a ground for dismissal
of the appeal. (n)
When to file memoranda?
In certiorari, prohibition, mandamus, quo warranto and
habeas corpus cases, the parties shall file in lieu of
briefs, their respective memoranda within a non-
extendible period of thirty (30) days from receipt of
the notice issued by the clerk that all the evidence,
oral and documentary, is already attached to the
record.
Effect of failure to file memorandum?
The failure of the appellant to file his memorandum
within the period therefor may be a ground for dismissal
of the appeal.
Section 11. Several appellants or appellees or several
counsel for each party. — 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. (14a, R46)
Rule of service of brief when 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)
General Rule: Extension of time for the filing of briefs
will not be allowed
Exception: 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
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 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) 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 and
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. (16a, R46)
What are the contents of the appellants brief?
25
— The appellant's brief shall contain, in the order
herein indicated, the following:
1. 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;
2. An assignment of errors intended to be urged,
which errors shall be separately, distinctly and
concisely stated without repetition and numbered
consecutively;
3. 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
and 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;
4. 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;
5. A clear and concise statement of the issues of fact or
law to be submitted, to the court for its judgment;
6. 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;
7. Under the heading "Relief," a specification of the
order or judgment which the appellant seeks; and
8. 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
Statement of issues vs assignment of errors-
An assignment of errors is an enumeration by the
appellant of the errors alleged to have been committed
by the trial court for which he seeks to obtain a reversal
of the judgment, while statement of issues puts forth the
questions of fact or law to be resolved by the appellate
court.
Section 14. Contents of appellee's brief. — The
appellee's brief shall contain, in the order herein
indicated the following:
(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 Facts," the appellee
shall state that he accepts the statement of facts in the
appellant's brief, or under the heading "Counter-
Statement of Facts," he shall point out such
insufficiencies or inaccuracies as he believes exist in the
appellant's statement of facts with references to the
pages of the record in support thereof, but without
repetition of matters in the appellant's statement of facts;
and
(c) Under the heading "Argument," the appellee shall set
forth his arguments in the case on each assignment of
error with page references to the record. The authorities
relied on 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. (17a, R46)
What are the contents of the appellee’s brief?
The appellee's brief shall contain, in the order herein
indicated the following:
(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 Facts," the
appellee shall state that he accepts the statement of
facts in the appellant's brief, or under the heading
"Counter-Statement of Facts," he shall point out such
insufficiencies or inaccuracies as he believes exist in the
appellant's statement of facts with references to the
pages of the record in support thereof, but without
repetition of matters in the appellant's statement of facts;
and
(c) Under the heading "Argument," the appellee shall
set forth his arguments in the case on each assignment
of error with page references to the record. The
authorities relied on 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. (17a, R46)
26
Section 15. Questions that may be raised on appeal. —
Whether or not the appellant has filed a motion for new
trial in the court below he may include in his assignment Within 20 days from receipt of Appellee’s brief,
of errors any question of law or fact that has been raised Appellant may file Reply brief.
in the court below and which is within the issues framed
by the parties. (18, R46 )
Decision on appeal by 3 Justices of a division: may
What questions that may be raised on appeal-
dismiss, affirm, reverse, or modify appealed judgment
He may include in his assignment of errors any question and may direct a new trial or further proceedings to take
of law or fact that has been raised in the court below and place.
which is within the issues framed by the parties, whether
or not appellant has filed a motion for new trial in the
court.

Procedural Flow

In case of judgment/final order of RTC, Appellant files a

notice of appeal and record on appeal for approval with
RTC and copy is on appellee.

Within 30 days from perfection of appeal, RTC Clerk of

Court transmits original records or approved Record on
Appeal to Court of Appeals.

For Record on Appeal, the Appellant shall file with the

Clerk of Court 7 Copies of the approved Record on
Appeal with proof of Service of 2 copies upon Appellee
within 10 days form receipt of Notice of the Clerk of the
CA.

Within 45 days after being notified that Court of

Appeals has received records and evidence of case,
Appellant files 7 copies of brief with proof of service of
2 copies upon Appellee.

Within 45 days from receipt of the Appellant’s Brief,

Appellee submits 7 copies of his brief with Court of
appeals’ Clerk with proof of service of 2 copies upon
Appellant.

27