MATTERS NOT APPEALABLE

Order denying motion for Remedy:

new trial or (1) Wait for the final disposition of the
reconsideration case, then appeal the decision thereof
to the RTC/CA
(2) File petition for certiorari under
Rule 65 in case of GAD
Order denying a petition Remedy:
for relief or any similar (1) MR
motion seeking relief from (2) File petition for certiorari under
judgment Rule 65 in case of GAD
Interlocutory order Remedy:
(1) MR
(2) File petition for certiorari under
Rule 65 in case of GAD
Order dismissing an action Remedy:
with prejudice (1) Appeal the decision of the trial
court
Order dismissing an action Remedy:
without prejudice (1) MR
(2) File petition for certiorari under
Rule 65 in case of GAD
Order disallowing or Remedy:
dismissing an ordinary Petition for review under Rule 42,42,
appeal and 45.
Order denying a motion to
set aside a judgment
Order of Execution Remedy:
(1) Motion to quash; if denied,
(2) MR; if denied,
(3) Petition for certiorari under R65
Judgment or final order for Remedy:
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
appeal is allowed by the
court
(1) Wait for the final disposition of the
main case, then appeal the decision
thereof to the RTC/CA; if denied,
(2) MR; if denied,
(3) Petition for certiorari under R65; if
denied AND file a motion with the
trial court and pray for allowance of
appeal while main case is pending.
ORDINARY APPEALS UNDER RULE 40-41 must raise ISSUES OF
FACT, ISSUES OF LAW, OR MIXED ISSUES OF FACT AND LAW.

PETITION FOR REVIEW UNDER RULE 42 & 43 must raise ISSUES OF

FACT, ISSUES OF LAW, OR MIXED ISSUES OF FACT AND LAW

PETITION FOR REVIEW ON CERTIORARI UNDER RULE 45 must

raise ISSUES OF LAW.

Period to file an appeal:

1) 15 days for notice of appeal, petition for review and petition for
review on certiorari
30 days for notice of appeal AND record on appeal (in R40 & R41)
 Review of Final Judgments
Sandiganbayan Appeal to SC by Petition for Review on
Certiorari under R45
CTA Appeal to SC by Petition for Review on
Certiorari under R45
COA and COMELEC Appeal to SC by Petition for Review on
Certiorari under R64 in relation to R65
CSC Appeal to the CA by Petition for Review under
R43
Ombudsman
Criminal cases Petition for Review on Certiorari under R65
Administrative cases Petition for Review under R43
Interlocutory orders Petition for Review on Certiorari under R65
NLRC 1. MR, if denied,
2. Petition for Review on Certiorari under R65
to the CA
Quasi judicial agencies Petition for Review under R43 to the CA