APPEAL WHEN TO APPEAL
OF JUDGMENT FOR DECISION
MTC to RTC Must be FILED and
Rule 40 SERVED within 15 days
after notice to the
appellant of the judgment
of final order appealed
from.
From RTC F&S within 15 days after
Rule 41 notice of judgment.
Ordinary Where record of appeal is
Appeal required, 30 days from
notice
Appeal in HC, within 48
hours from notice
RTC to CA Must be FILED and
Rule 42 SERVED within 15 days
after notice to the
appellant of the judgment
Petition for
of final order appealed
Review
from.
*Extendable for another 15
days. No further extension
except for CR and in no case
shall exceed 15 days.
Appeals from Within 15 days from
CTA & other notice of judgment.
QJA to CA
Rule 43 *Extendable for another 15
days. No further extension
except for CR and in no case
shall exceed 15 days.
Appeals to SC Within 15 days from
Rule 45 notice of judgment.
*Extendable for another 30
Appeal by
days for justifiable reasons.
Certiorari
Rule 47 If based on EF, must be
filed w/n 4 years from its
discovery; if based on LOJ,
Annulment of
before it is barred by
Judgment or
GROUNDS/ HOW TO FILE
Upon judgment of MTC to
RTC by filing a NOTICE OF
APPEAL to the court a quo.
Appeal to the CA in cases
decided by RTC in exercise
of its OJ by filing NOA with
the court which rendered
the order.
Appeal to the CA in cases
decided by RTC in exercise
of it AJ by filing a verified PR
(May involve QOL, QOF, or
mixed questions)
Appeals from judgment or
orders of the CTA or by any
QJA in the exercise of its
quasi-judicial functions.
(May involve QOL, QOF, or
mixed questions)
Petition shall raise only
questions of law and may
include application for WPI
or other provisional
remedies.
In civil actions of RTC for
which ordinary remedies for
NT, appeals petition for
relief etc. are no longer
WHEN PERFECTED EFFECT ON EXECUTION
Deemed perfected as to
petitioner upon filing of
the NA in due time or
upon approval of RA.
Appeals by NA, court loses
J over the case upon
perfection of appeal.
Appeals by RA, court loses
J only over the SM.
Upon filing a VPR in due
time and paying
corresponding DF and
other LF and furnishing
RTC & adverse party a
copy of petition.
Upon filing a VPR in due
time and paying
corresponding DF and
other LF and furnishing
court a quo & adverse
party a copy of petition.
Harmless Error Rule in Appeals (Sec. 6, Rule 51)
No error in either the admission or exclusion of evidence and no error or defect in any ruling or order of the trial court or by any of the
parties is a ground for granting a new trial or disturbing a judgment or order unless refusal to take such action appears to be inconsistent
with substantial justice. The court at every stage of the proceeding must disregard any error or defect which does not affect the substantial
rights of the parties.
By filing a VP alleging w/
particularity the facts and
law relied upon for
annulment.
WHEN DEEMED SUBMITTED NOTES
In either case, prior to transmittal of records, court may exercise RJ Sec. 8, Rule 40.
for the protection of rights not involving any matter litigated by the LC dismissed the case w/o TM = RTC
appeal including order execution pending appeals (Sec. 2, Rule 39) may affirm or reverse.
If affirmance based on LOJ, RTC shall
try the case as if originally filed to it.
Discretionary Execution “while it has jurisdiction over the case and
is in possession of either the original record or the record on appeal”
LC dismissed the case w/ TM but LOJ
over SM = RTC shall not dismiss case
if it has OJ but shall try the same.
Upon filing of memorandum or the expiration of the period to do so. NB: Non-appealable orders (Sec. 1)
Order denying petition for relief;
Failure to file a memorandum, when required, is a ground for Interlocutory orders;
dismissal. Order disallowing appeal;
Order denying motion to set aside on
the ground of FAME;
NB: Appeal under Rule 41 taken from RTC to CA raising only QOL Order of execution;
shall be dismissed, issues purely of law not being reviewable by CA. Order in separate claims or parties;
A NP filed instead of PR from appellate judgment of RTC shall be Order of dismissal w/o prejudice;
dismissed. Appeals erroneously taken to the CA shall be dismissed
outright.
Except in civil cases If given due course, CA may set the Court may require a comment instead
decided under the Rules case for oral arguments or require of a MD. If CA finds prima facie that
on Summary Procedure, submission of memoranda. lower court has committed error of F
the appeal shall stay the or L that will warrant reversal or
execution of judgment modification, it may accordingly five
Case is deemed submitted for
unless otherwise provided due course to the petition.
decision upon filing of last pleading or
by CA or by the law.
memo.
Appeal shall not stay the If given due course, CA may set the Rule shall not apply to judgments or
award or judgment unless case for oral arguments or require orders issued under the Labor Code.
CA shall direct otherwise. submission of memoranda.
Case is deemed submitted for
decision upon filing of last pleading or
memo.
A judgment of annulment shall set aside the order and render it null
and void without prejudice. If based on EF, CA may order trial court
to try case as if a timely MNT has been granted by it.
Final Orders laches or estoppel. available through no fault of
petitioner
Rule 53 At any time after appeal File a MNT on the ground of newly discovered evidence
has been perfected and not discoverable prior to the trial by exercise of DD and is
before CA loses J over the of such character as would probably change the result
New Trial
case. (must be resolved with 90 days upon submission for
decision).