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Rule 42, Section 1-4 - MAGNO
Rule 42, Section 1-4 - MAGNO
Constitutional Provision
relating to Petition for Sec. 14, Art. VIII of the Constitution provides for the rule on the
Review rendition of judgement by the court. It provides that:
“No court shall render a decision without stating clearly
and distinctly the facts and the law on which it is based.
No petition for review or motion for reconsideration of a
decision of the court shall be refused due course or denied
without stating the legal basis thereof.”
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PUBLIC
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When to file the petition for review?
The petition shall be filed and served within fifteen (15) days
from notice of the decision sought to be reviewed or of the
denial of petitioner’s motion for new trial or reconsideration filed
in due time after judgment.
Section 1. How appeal taken; time for filing. – A party desiring to appeal from a
decision of the Regional Trial Court rendered in the exercise of its appellate
jurisdiction may file a verified petition for review with the Court of Appeals, paying at
the same time to the clerk of said court the corresponding docket and other lawful fees,
depositing the amount of P500.00 for costs, and furnishing the Regional Trial Court
and the adverse party with a copy of the petition. The petition shall be filed and
served within fifteen (15) days from notice of the decision sought to be reviewed or
of the denial of petitioner’s motion for new trial or reconsideration filed in due
time after judgment. Upon proper motion and the payment of the full amount of the
docket and other lawful fees and the deposit for costs before the expiration of the
reglementary period, the Court of Appeals may grant an additional period of fifteen
(15) days only within which to file the petition for review. No further extension shall
be granted except for the most compelling reason and in no case to exceed fifteen (15)
days. (n)
PUBLIC
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When is an appeal by Petition for Review deemed perfected?
As a general rule, appeals are perfected when it is filed within the period prescribed
under the Rules of Court, subject to extension upon motion and payment of docket fees.
PUBLIC
12
What are the requirements in order that appellate jurisdiction will
attach?
For the appellate jurisdiction to attach, the following requirements must be complied
with:
a. the petitioner must have invoked the jurisdiction of the CA within the time for doing
so;
b. he must have filed his Petition for Review within the reglementary period;
c. he must have paid the necessary docket fees; and
d. the other parties must have perfected their appeals in due time.
PUBLIC
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Can the filing of the petition be extended?
PUBLIC
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Will the extension of time be allowed in case of appeal by notice of
appeal?
The prohibition against granting an extension of time applies only in a case where
ordinary appeal is perfected by a mere notice of appeal.
PUBLIC
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When to file the motion for extension of time to file petition for
review?
Motion for extension of time must be filed before the expiration of the original period.
PUBLIC
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How will the rules on appeal under Rule 42 on the filing of pleadings
and appeals be construed?
Procedural rules may be relaxed for the most persuasive of reasons such as the period for
filing pleadings and appeals so as to relieve a litigant of an injustice not commensurate
with the degree of his thoughtfulness in not complying with the procedure prescribed.
PUBLIC
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What is the remedy in case of a decision of the RTC siiting as Special
Agrarian Court?
Appeal from the decisions of the RTC sitting as Special Agrarian Courts by way of
Petition for Review under Rule 42.
PUBLIC
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The petition shall be filed in seven (7) legible copies, with the original copy intended for the court being
indicated as such by the petitioner, and shall state the following, to wit:
(a) State the full names of the parties to the case, without impleading the lower courts or judges thereof either as
petitioners or respondents;
Section 2. Form and contents. – The petition shall be filed in seven (7) legible copies,
(b) Indicate the specific material dates showing that it was filed on time; with the original copy intended for the court being indicated as such by the petitioner,
and shall (a) state the full names of the parties to the case, without impleading the lower
courts or judges thereof either as petitioners or respondents; (b) indicate the specific
(c) Set forth concisely a statement of the matters involved, the issues raised, the specification of errors of fact or
material dates showing that it was filed on time; (c) set forth concisely a statement of the
law, or both, allegedly committed by the Regional Trial Court, and the reasons or arguments relied upon for the matters involved, the issues raised, the specification of errors of fact or law, or both,
allowance of the appeal; allegedly committed by the Regional Trial Court, and the reasons or arguments relied
upon for the allowance of the appeal; (d) be accompanied by clearly legible duplicate
originals or true copies of the judgments or final orders of both lower courts, certified
(d) Be accompanied by clearly legible duplicate originals or true copies of the judgments or final orders correct by the clerk of court of the Regional Trial Court, the requisite number of plain
of both lower courts, certified correct by the clerk of court of the Regional Trial Court, the requisite number of copies thereof and of the pleadings and other material portions of the record as would
plain copies thereof and of the pleadings and other material portions of the record as would support the allegations support the allegations of the petition. The petitioner shall also submit together with the
petition a certification under oath that he has not theretofore commenced any other
of the petition. action involving the same issues in the Supreme Court, the Court of Appeals or different
divisions thereof, or any other tribunal or agency; if there is such other action or
(e) The petitioner shall also submit together with the petition a certification under oath that he has not theretofore proceeding, he must state the status of the same; and if he should thereafter learn that a
similar action or proceeding has been filed or is pending before the Supreme Court, the
commenced any other action involving the same issues in the Supreme Court, the Court of Appeals or different divisions Court of Appeals, or different divisions thereof, or any other tribunal or agency, he
thereof, or any other tribunal or agency; if there is such other action or proceeding, he must state the status of the same; undertakes to promptly inform the aforesaid courts and other tribunal or agency thereof
and if he should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Court, within five (5) days therefrom. (n)
the Court of Appeals, or different divisions thereof, or any other tribunal or agency, he undertakes to promptly inform the
aforesaid courts and other tribunal or agency thereof within five (5) days therefrom.
PUBLIC
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What is the effect of non-compliance with the requirements under Sec
2, Rule 42?
An appealing party must comply with the requirements of the relevant rules, otherwise,
she loses the statutory right.
PUBLIC
21
Will the entire records of the case required to be attached to the
petition for review?
The rules do not require that the entire records of the case be attached to the Petition for
Review.
PUBLIC
22
May the judgement of the RTC based on purely questions of law be
appealed under Rule 45 instead of Rule 42?
Yes, the Rules of procedure permit the direct resort to this Court from a decision of the
RTC upon questions of law as an exception based on the exigency of the situation being
litigated.
PUBLIC
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The petition shall be dismissed for failure of the petitioner to comply with any
of the foregoing requirements regarding:
PDP
a. The payment of the docket and other lawful fees;
Section 3. Effect of failure to comply with requirements.
b. The deposit for costs;
– The failure of the petitioner to comply with any of the
c. Proof of service of the petition, and the contents of and the documents foregoing requirements regarding the payment of the
docket and other lawful fees, the deposit for costs, proof
which should accompany the petition. of service of the petition, and the contents of and the
documents which should accompany the petition shall be
sufficient ground for the dismissal thereof. (n)
PUBLIC
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What is the effect of defective notarization of verification and
certification against forum shopping on the petition?
Failure to comply with the valid verification and certification of non-forum shopping
shall be sufficient ground for the dismissal of the petition.
PUBLIC
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The Court of Appeals may perform the following acts on the petition, to wit:
1. Require the respondent to file a comment on the petition, not a motion to dismiss,
within ten (10) days from notice; or
2. Dismiss the petition if it finds the same to be patently without merit, prosecuted Section 4. Action on the petition. – The Court of Appeals
manifestly for delay; or may require the respondent to file a comment on the
petition, not a motion to dismiss, within ten (10) days
3. Dismiss the petition if the questions raised therein are too unsubstantial to require
from notice, or dismiss the petition if it finds the same to
consideration. be patently without merit, prosecuted manifestly for
delay, or that the questions raised therein are too
unsubstantial to require consideration. (n)
PUBLIC
Thank You!