MODES OF APPELLATE REVIEW

ORDINARY APPEAL ORDINARY APPEAL PETITION FOR REVIEW PETITION FOR

REVIEW BY
CERTIORARI
RULE 40 41 42 45
WHERE TO APPEAL Appeal from a judgment Appeal from cases Appeal from cases decided Appeal from cases
or final order of MTC to decided by the RTC in by the RTC in the exercise of decided by the RTC in the
RTC the exercise of its its appellate jurisdiction exercise of its original
original jurisdiction jurisdiction, CA, CTA and
Sandiganbayan
PERIOD TO APPEAL Fifteen (15) days after 1)If By notice of appeal, Fifteen (15) days from notice Fifteen (15) days from
notice to the appellant fifteen (15) days from of the decision sought to be notice of the judgment or
of the judgment or final notice of judgment or reviewed or of the denial of final order or resolution
order appealed from final order; petitioner's motion for new appealed from, or of the
2)If By Record on trial or reconsideration filed denial of the petitioner's
Appeal, thirty (30) days in due time after judgment. motion for new trial or
from notice of the Upon proper motion and the reconsideration filed in
judgment or final order payment of the full amount due time after notice of
of the docket and other the judgment. On motion
lawful fees and the deposit duly filed and served,
for costs before the with full payment of the
expiration of the docket and other lawful
reglementary period, the fees and the deposit for
Court of Appeals may grant costs before the
an additional period of expiration of the
fifteen (15) days only within reglementary period, the
which to file the petition for Supreme Court may for
review. justifiable reasons grant
an extension of thirty
(30) days only within
which to file the petition.
HOW TO APPEAL 1)By Filing Notice of 1)Notice of Appeal – File a verified petition for Filing with the SC a
 Appeal; or File with the court review with the Court of verified petition for
2)Record on Appeal on which rendered the Appeals, paying at the same review on certiorari.
Special Proceedings judgment or final order time to the clerk of said
and serving copy of such court the corresponding
To the court of origin appeal to the adverse docket and other lawful fees,
and by giving a copy of party; depositing the amount of
such appeal to the P500.00 for costs, and
adverse party. 2)Record on Appeal - furnishing the Regional Trial
Court and the adverse party
with a copy of the petition.
PERFECTION OF 1)Notice of appeal is 1)Notice of appeal is Upon the timely filing of a Payment of Docket and
APPEAL deemed perfected as to deemed perfected as to petition for review and the Other Lawful Fees,
him upon the filing of him upon the filing of payment of the Deposit for Costs, Proof
the notice of appeal in the notice of appeal in corresponding docket and of Service of the Petition.
due time. due time. other lawful fees.

2) Record on appeal is 2) Record on appeal is

deemed perfected as to deemed perfected as to
him with respect to the him with respect to the
subject matter thereof subject matter thereof
upon the approval of the upon the approval of the
record on appeal filed in record on appeal filed in
due time. due time.
FORM AND 1)Full names of all 1)Full names of all The petition shall be filed in The petition shall be filed
CONTENTS parties to the parties to the 7 legible copies, with the in eighteen (18) copies,
proceedings shall be proceedings shall be original copy intended for with the original copy
stated in the caption; stated in the caption; the court being indicated as intended for the court
2)Include judgment or 2)Include judgment or such by the petitioner, and being indicated as such by
final order from which final order from which shall: the petitioner and shall:
appeal taken; appeal taken; 1. State the full names of the (a) state the full name
3)In chronological 3)In chronological parties to the case, without of the appealing
order, copies of only order, copies of only impleading the lower courts party as the
such pleadings, such pleadings, or judges thereof either as petitioner and the
petitions, etc. and all
interlocutory orders as
are related to the
appealed judgment;
4)Data showing that
appeal perfected in time
– material data rule;
5)If an issue of fact is to
be raised, include by
reference all the
evidence, oral or
documentary, taken
upon the issues
involved.
petitions, etc. and all
interlocutory orders as
are related to the
appealed judgment;
4)Data showing that
appeal perfected in time
– material data rule;
5)If an issue of fact is to
be raised, include by
reference all the
evidence, oral or
documentary, taken
upon the issues
involved.
petitioners or respondents; adverse party as
2. Indicate the specific respondent,
material dates showing that without
it was filed on time; impleading the
3. Set forth concisely a lower courts or
statement of the matters judges thereof
involved, the issues raised, either as
the specification of errors of petitioners or
fact or law, or both, allegedly respondents;
committed by the Regional (b) indicate the
Trial Court, and the reasons material dates;
or arguments relied upon for (c) set forth concisely
the allowance of the appeal; a statement of the
4. Must be accompanied by matters involved,
clearly legible duplicate and the reasons or
originals or true copies of arguments relied
the judgments or final on for the
orders of both lower courts, allowance of the
certified correct by the clerk petition;
of court of the Regional Trial (d) accompanied by a
Court, the requisite number clearly legible
of plain copies thereof and of duplicate original,
the pleadings and other or a certified true
material portions of the copy of the
record as would support the judgment or final
allegations of the petition; order or resolution
and certified by the
5. There must be a clerk of court of
certification against forum the court a quo.
shopping
QUESTIONS TO BE Questions of fact or Questions of fact or Questions of fact or mixed Questions of Law
RAISED ON APPEAL mixed questions of fact mixed questions of fact questions of fact and law
and law and law that has been
raised in the court
below and is within the
issues framed by the
parties

GROUNDS FOR Failure to file appeal Failure to file appeal Failure to comply with the Failure to take the appeal
DISMISSAL within the period fixed within the period fixed ff: within the reglementary
by the ROC; by the ROC; 1)Payment of docket fees period;
and other lawful fees;
Failure to pay the 2)Deposit for Costs; Lack of merit in the
docket and other lawful 3)Proof of service of petition;
fees. petition;
Failure to pay the
4)Contents of the documents requisite docket fee and
which should accompany the other lawful fees or to
petition. make a deposit for costs

Failure to comply with

the requirements
regarding proof of service
and contents of and the
documents which should
accompany the petition.