RULE 44:

ORDINARY
APPEALED CASES
Section 1. Title of cases
 Inall cases appealed to the
Court of Appeals under
Rule 41, the title of the case
shall remain as it was in the
court of origin, but the
party appealing the case
shall be further referred to
as the appellant and the
adverse party as the
appellee.
What is an The appeal to the Court of Appeals in
cases decided by the Regional Trial
Court in the exercise of its original
Ordinary jurisdiction shall be taken by filing a
notice of appeal with the court which

Appeal?
rendered the judgment or final order
appealed from and serving a copy
thereof upon the adverse party.
RULE 41 SEC. 2 (a)
Notice of Appeal vs Record of Appeal
Notice of Appeal
 Party’s appeal by notice of
appeal deemed perfected as
to him upon the filing of the
notice of appeal in due time
 Court loses jurisdiction over
case upon perfection of the
appeals filed in due time and
expiration of time to appeal of
other parties
Record of Appeal
 Deemed perfected as to
appellant with respect to the
subject matter upon the
approval of the record on
appeal filed in due time
 Court loses jurisdiction only
over subject matter upon
approval of records on appeal
filed in due time and
expiration of the time to
appeal of other parties.
  T he a p pe a li n g p a rt y m a y fi le a
o f a p p e a l o r re c o r d o f
notice
What and appeal with the court which
ju d g m e n t o r fin a l
where do you render e d th e
s e r v in g
order a pp e a le d fr o m a n d
file the appeal? u p o n th e a d v e rs e p a r ty .
a c opy

t o f o ri g in or CO URT AQUO
 In the co ur
Section 2. Counsel and guardians.

The counsel and guardians ad litem of the

parties in the court of origin shall be
respectively considered as their counsel and
guardians ad litem in the Court of Appeals.
When others appear or are appointed, notice
thereof shall be served immediately on the
adverse party and filed with the court. (2a,
R46)
Section 3. Order of transmittal of record

 If the original record or the record on

appeal is not transmitted to the Court of
Appeals within thirty (30) days after the
perfection of the appeal, either party may
file a motion with the trial court, with
notice to the other, for the transmittal of
such record or record on appeal.
 When do
you file the
Appeal? 1.Notice of app e a l - 15 da
M
y s
ot
fr
io
om
n fo
no
r R
tice
eco
of judgment
ns ideration or
al of th e
or from notice of deni
s ruling).
Motion for New Trial (Neype

2. Record of appeal - 30
days.

c a s e s - 48 ho ur s fro m notice of
3. Habeas Corpus
or notic e of de nial of th e M R or MNT.
judgment
 Section 4. Docketing of case
 Upon receiving the original record or the record on appeal Judicial Records
and the accompanying documents and exhibits transmitted Division shall
by the lower court, as well as the proof of payment of the docket the case and
notify the parties
docket and other lawful fees, the clerk of court of the Court
thereof.
of Appeals shall docket the case and notify the parties
thereof. (4a, R46)-
 Within ten (10) days from receipt of said notice, the
appellant, in appeals by record on appeal, shall file with the
clerk of court seven (7) clearly legible copies of the
approved record on appeal, together with the proof of
service of two (2) copies thereof upon the appellee.
 Any unauthorized alteration, omission or addition in the
approved record on appeal shall be a ground for dismissal
of the appeal. (n)
Section 5. Completion of record.

 Where the record of the docketed case is incomplete,

the clerk of court of the Court of Appeals shall so
inform said court and recommend to it measures
necessary to complete the record. It shall be the duty of
said court to take appropriate action towards the
completion of the record within the shortest possible
time. (n)
Section 6. Dispensing with
complete record.
 Where the completion of the record could not be
accomplished within a sufficient period allotted
for said purpose due to insuperable or extremely
difficult causes, the court, on its own motion or
on motion of any of the parties, may declare that
the record and its accompanying transcripts and
exhibits so far available are sufficient to decide
the issues raised in the appeal, and shall issue an
order explaining the reasons for such declaration.
(n)
What is Brief?
the word "brief" is derived from the Latin brevis, and the
French briefe, and literally means a short or condensed
statement.
The PURPOSE of the brief, as all law students and lawyers
know, is to present to the court in concise form the points
and questions in controversy, and by fair argument on the
facts and law of the case to assist the court in arriving at a
just and proper conclusion. The brief should be so prepared
as to minimize the labor of the court in the examination of the
record upon which the appeal is heard and determined.( De Liano
vs. Ca G.R. No. 142316, November 22, 2001)
 Filing of
Appellant's Brief
Contents of Appe
ll ant's Brief:
 Within forty-five (45) days from receipt
of the notice of the clerk that all the a. Subject Inde
evidence, oral and documentary, are
x
b. Assignment
attached to the record, appellant shall of Errors
c. Statement of
file seven (7) copies of his legibly the Case
typewritten, mimeographed or printed
d. Statement o
f Facts
brief, with proof of service of two (2) e. Statement o
f Issues
copies thereof upon the appellee.(RULE f. Arguments
44 SEC. 7) g. Relief
(RULE 44 SEC
13)
Subject index:
 (a) A subjectindex of the matter in the brief with a digest of the
arguments and page references, and a table of cases alphabetically
arranged, textbooks and statutes cited with references to the pages
where they are cited;
 The index is intended to facilitate the review of appeals by providing
ready reference, functioning much like a table of contents
 The subject index makes readily available at one's fingertips the
subject of the contents of the brief so that the need to thumb through
the brief page after page to locate a party's arguments, or a particular
citation, or whatever else needs to be found and considered, is
obviated.
Assignment of Errors

(b) An assignment of errors intended to be urged, which errors shall be separately,

distinctly and concisely stated without repetition and numbered consecutively;

 The office of an assignment of errors is not to point out

legal contentions, but only to inform the appellate court
that appellant assigns as erroneous certain named rulings.
 the function of the assignment is to group and bring forward
such of the exceptions previously noted in the case on
appeal as appellant desires to preserve and present to the
appellant
 Statement of the Case
 (c) Under the heading "Statement of the Case,"
a clear and concise statement of the nature of
the action, a summary of the proceedings, the
appealed rulings and orders of the court, the
nature of the judgment and any other matters
necessary to an understanding of the nature of
the controversy with page references to the
record;
Statement of Facts
 (d) Under the heading "Statement of
Facts," a clear and concise statement in a
narrative form of the facts admitted by
both parties and of those in controversy,
together with the substance of the proof
relating thereto in sufficient detail to make
it clearly intelligible, with page references
to the record;

A statement of the case gives the appellate tribunal an overview of the judicial antecedents of the case, providing material information regarding the
nature of the controversy, the proceedings before the trial court, the orders and rulings elevated on appeal, and the judgment itself. These data enable
the appellate court to have a better grasp of the matter entrusted to it for its appraisal.

In turn, the statement of facts comprises the very heart of the appellant's brief. The facts constitute the backbone of a legal argument; they are
determinative of the law and jurisprudence applicable to the case, and consequently, will govern the appropriate relief.
(e) A clear and concise statement of the issues of fact or law to be submitted, to the court for
its judgment;

(f) Under the heading "Argument," the appellant's arguments on each assignment of error
with page references to the record. The authorities relied upon shall be cited by the page of
the report at which the case begins and the page of the report on which the citation is found;

(g) Under the heading "Relief," a specification of the order or judgment which the appellant
seeks; and

(h) In cases not brought up by record on appeal, the appellant's brief shall contain, as an
appendix, a copy of the judgment or final order appealed from. (16a, R46)
Filing of Appellee's Brief
Within forty-five (45) days from
receipt of the appellant's brief,
the appellee shall file with the
court seven (7) copies of his Contents of
l l e e 's Br i ef :
legibly typewritten, A p pe
x
mimeographed or printed brief, 1. Subject Inde
with proof of service of two (2) t e m e nt o f Fa c ts
2. Sta
copies upon the appellant. 3. Arguments
( RULE 44 SEC. 8) UL E 44 S E C 14)
(R
FILING OF APPELLANT'S REPLY
Within twenty (20) days from receipt of the appellee's brief, the appellant
may file a reply brief answering points in the appellee's brief not covered in
his main brief.
(RULE 44 SEC. 9)

 Note :
 Extension of time for the filing of briefs will not be allowed, except for good
and sufficient cause, and only if the motion for extension is filed before the
expiration of the time sought to be extended.
Section 10. Time of filing memoranda in
special cases. — In certiorari, prohibition,
mandamus, quo warranto and habeas corpus
cases, the parties shall file in lieu of briefs, Failure o
f the appella
their respective memoranda within a non- to file his me nt
extendible period of thirty (30) days from morandum
within the p
receipt of the notice issued by the clerk that all eriod
therefor ma
the evidence, oral and documentary, is already y be a
attached to the record. ground for d
ismissal of
the appeal.
 
Questions that may be raised on appeal.- Appellant
may include in his assignment of errors any question
of law or fact that has been raised in the court below
and which is within the issues framed by the parties.

 Question of law which exists "when the doubt or difference arises as to what the law is on certain
state of facts"

 Question of fact when the doubt or difference arises as to the truth or the falsehood of alleged facts;" or
when the "query necessarily invites calibration of the whole evidence considering mainly the credibility of
witnesses, existence and relevancy of specific surrounding circumstances, their relation to each other and to
the whole and the probabilities of the situation.

 Note - He cannot raise a new issue for the first time on appeal.