RULE Grounds for When to File Wher Extendibl What to Perfection Other documents Decision of Grounds for

Filing e to e (Y/N) File? of Appeal to be Filed the Lower Dismissal

File? Court
(Stayed or
Immediatel
y
Executory?)
Rule 40- MTC Questions of 15 days from the MTC NoA = Notice of NoA = Memoranda (15 For appellant =
to RTC Fact/Law receipt of MTC’s NO. Appeal/ mere filing days after the failure to file
decision RoA= Records of RoA = notice of the Memoranda
Yes (30 Appeal approval Fact of Appeal)
days) of the
Court

Rule 41- RTC Questions of 15 days from the RTC NoA = Notice of NoA =
to CA (Ordinary Fact/Law receipt of RTC’s NO. Appeal/ mere filing
appeal) decision RoA= Records of RoA =
Yes (30 Appeal approval
days) of the
Court
Rule 42- RTC Error in 15 days from the CA YES Verified When Due  Comment Stay  Patently w/o
to CA (Petition Judgment notice of decision (Another Petition Course (w/in 10 (Exception: merit
for Review) or 15 days from 15 days) shall be days from Summary  Manifestly
the denial of given Court’s Proceeding Intended for
MR/MNT Order, , exception Delay
before being of  Unsubstantiate
given due exception: d Question
course) TRO/Writ
 Memoranda of
(w/in 15 Preliminary
days from Injunction
notice) from CA)
Rule 43- Involving 15 days from the CA YES Verified When Due  Comment Executory  Patently w/o
Quasijudicail to Questions of notice of decision (Another Petition Course (w/in 10 unless merit
CA Fact/Law or 15 days from 15 days) shall be days from directed  Manifestly
the denial of given Court’s otherwise
 MR/MNT Order, Intended for
before being Delay
given due  Unsubstantiate
course) d Question
 Memoranda
(w/in 15
days from
notice)
Rule 44- See Rule 41  Approved
Ordinary RoA to the
Appealed CA (within
Cases (What 10 days
happens in the from the
CA) Notification
to the
Parties)
 Appellant’s
Brief (45
days from
Notice)
 Appellee’s
Brief (45
days from
receipt of
Appellant’s
brief)
 Appellant’s
Reply brief
(20 days
from Notice
of Appellee’s
Brief)
Rule 45 Pure 15 days from SC YES Petition When Due  Pleadings,  Failure to
Petition for Questions of Notice of Final (Anothe Course is Memoranda, comply with
Review on Law Judgment/ 15 r 30 given Briefs, as any of the
Certiorary/ days from Denial days) may be reqs.
Appeal by of MR/MNT deemed by  Appeal w/o
Certiorari the Court. merit
 Manifestly
intended for
delay
 Questions
unsubstantiate
d

Rule 46 Certiorari CA Petition (How  Comment 

Original Cases Prohibition jurisdiction (w/In 10
which can be Mandamus is days from
filed in the CA Quo Warranto acquired?) Notice;
Annulment of Service of before
Judgment the court’s determinatio
order/ n of due
Voluntary course)
Submissio
n
Rule 47  Ordinary Within 4 years of CA Petition  
Annulment of remedies Discovery (If
Final Judgment are no fraud); Before
longer barred by Laches/
available Estoppel (If Lack
through of Jurisdiction)
no fault of
petitioner;
lack of
jurisdiction
/ Extrinsic
Fraud
 Before the
Order
becomes
final and
executory
Rule 52 Motion 15 days from the Motion  Stay the 
for receipt of execution
Reconsideratio judgment/resolutio of
n (must be n judgment
resolved w/in (unless
90 days) directed by
the court)
Rule 53 Motion Newly Motion +  
for New Trial discovered Affidavit
(must be evidence showing
resolved w/in facts
90 days) constitutin
g grounds
+
evidence