CIV PRO

APPEAL
 The appeal is from the trial court to the next higher court
 The period for appeal is from final orders, resolution award, judgment or decision of any
court in all cases shall be 15 days counted from the notice of final order, resolution ,
award, judgment or decision appealed from.
 Habeas corpus period of appeal is 48 hours.
Civil action in General – 15 days NOA
Special Proceedings and Civil Action where multiple appeal is allowed- 30 days NOA,
ROA
Habeas Corpus-48 hours NOA
RTC shall exercise appellate jurisdiction over all cases decided by MetC MTC and
MCTC in their respective territorial jurisdiction.

RULE 40
Sec 1: MTC to RTC
 Title of the case shall remain
 Party appealing the case shall be referred Appellant (who appealed) and Appellee
(adverse party)
Sec 2:
NOA- 15 days
ROA- 30 days
NOA: The period of appeal shall be interrupted by a timely motion for new trial or
reconsideration. NO motion for extension of time.
ROA: the 30 day period is extendable but the movant has no right to expect that his motion be
granted. File the motion for extension during the original 30 day period.
Sec 3:
Filed in the court where the judgment is rendered.
NOA:
 Parties to the appeal
 Judgment or final order or part thereof appealed from
 Material Date: Date judgment promulgated and Date received the decision.
Day starts on the date the decision is received.
 Adverse party should be furnished a copy of NOA
Sec 4:
The appeal is perfected when MTC loss jurisdiction over the case.
Sec 5:
Appellant shall pay the docket fee in the court that rendered judgment.
Failure to pay the docket at prescribe period it may not cause ipso facto the dismissal of the
appeal. But the clerk of court may refuse to transmit the record to the appellate court until
payment will be made.
 Sec 6:
The appeal will be perfected upon the payment of docket fees and other court fees and the
transmittal of records to the appellate court RTC.
Sec 7:
RTC clerk of court must notify the party.
15 days within notice of RTC- the appellant must submit a memorandum (failure to submit
dismissal of appeal)
15 days within memorandum of appellant- the appellee may file his memorandum (failure to
submit case considered submitted for decision)
Sec 8:
Dismissing the case without trial on the merits: RTC may affirm or reverse the case.
Affirm dismissal lack of jurisdiction: RTC shall try the case as if it is originally filed in RTC
Reversal: remanded for further proceeding
MTC dismiss the case alleging no jurisdiction and RTC ruled MTC has the jurisdiction: The RTC
will order the MTC to conduct trial.
The MTC has no jurisdiction but it took the case. Appealed in the RTC: The RTC will convert
the appellate jurisdiction into original jurisdiction

RULE 41
Sec 1:
No appeal may be taken from:
 An order denying a motion for new trial and reconsideration (remedy: appeal from the
judgment or final order)
 An order denying a petition for relief or any similar motion seeking relief from judgment.
(Default judgment- appealable)
 An interlocutory order (wait for final and judgment and file an appeal)
 An order disallowing or dismissing an appeal (mandamus) (through FAME petition from
relief of judgment)
 An order denying a motion to set aside a judgment by consent, confession or compromise on
the ground fraud, mistake or duress or any other ground vitiating consent. (motion to set
aside judgment on the ground of FAME)
 An order of execution (Rule 65; Certiorari grave abuse of discretion)
 A judgment or final order for or against one or more of several parties or in separate claims,
counterclaims, crossclaims and third-party complaints while the main case is pending unless
the court allow the appeal therefrom (wait for the final judgment unless the court allows)
 An order dismissing an action without prejudice (refile the case or Rule 65)
Final Judgment or orders can be appealed
 Judgment is final in the sense that is already executory.
 A judgment is final if it disposes of the pending action and nothing can be done in the court
with respect to its merit
 Interlocutory order does not completely dispose the action and there is still something for the
court to do after its rendition
Wait for the case to be tried and for the final judgment to be rendered and if dissatisfied with the
judgment this is the time to file an appeal from the said judgment with the interlocutory orders
issued in the course of proceeding.
Sec 2
Ordinary Appeal: From RTC to CA- NOA no need for ROA except for special proceeding