ORDINARY APPEAL (RULE

41)

PETITION FOR
REVIEW (RULE 42)

PETITION FOR
REVIEW ON
CERTIORARI, or
APPEAL BY
CERTIORARI

Application of Rule 41
on Ordinary Appeal
- Appeals from the
judgment or final order
of the RTC in the
exercise of its original
jurisdiction
(called
Ordinary Appeal)
Note: If a litigant loses
in the MTC and , on
appeal, loses in the
RTC,
the
mode
of
appeal to the CA is by
way of a petition for
review under Rule 42,
because the decision of
the RTC is one in the
exercise of its appellate
jurisdiction.
-

When to Appeal:
Within 15 days from
notice of the judgment
or final order appealed
from.
When record on appeal
is
required
=
Appellant shall file a
notice of appeal and a
record on appeal within

Application of Rule
42
- Applies to an
appeal from the
judgment or final
order of the RTC
to the CA in cases
decided by the
former
in
its
appellate
jurisdiction
When to Appeal:
Within 15 days
from notice of the
decision sought to
be reviewed or of
the denial of Ps
MN or MR filed in
due time after
judgment
Court may grant
an addl 15 days
provided
the
extension
is
sought:
Upon proper
motion
Payment
of
the
full
amount of the

Application of Rule 45
- to the SC:
o Appeal from a J/F of the
RTC
o Only questions of law
are raised/involved
o Decided in the exercise
of its orig jurisdiction
(p.670)
o Appeal from J/F/R of the
CA
o Raised only questions
of law distinctly set
forth
o Certiorari under Rule 65
improper remedy; will
be dismissed outright
o Appeal from J/F/R of
Sandiganbayan
o Raised only questions
of law distinctly set
forth
o Appeal from D/Rulings
of CTA En Banc
o Appeals from J/F in a
petition for a writ of
amparo to the SC
o Appeals from J/F in a
petition for a writ of
habeas data

30 days form notice of

judgment or final order
Habeas Corpus cases =
within 48 hours from
notice of judgment or
final order
How to Appeal:

Appeal to the CA in
cases decided by RTC in
the exercise of its
original jurisdiction
o Filing a notice of
appeal
with
the
court
which
rendered
the
judgment/final order
appealed from
o Serving
a
copy
thereof upon the
adverse party
Within the period for
taking
appeal,
the
appellant shall pay to
the
clerk,
which
rendered the judgment
or final order appealed
from, the full amount of
the
appellate
court
docket fee

docket
and
other
lawful
fees + deposit
for
costs
before
the
expiration of
the
reglementary
period
No
further
shall
be
granted
EXCEPT
for
compelling
reason and in
no case to
exceed
15
days

How to Appeal:
By filing a verified
PFR w/ CA
+ paying docket
and other lawful
fees
+
depositing
P500 for costs
+ furnishing the
RTC
&
the
adverse party w/
a copy of the
petition

For Amparo & Habeas

Data - question raised
need not only be
questions of law but
also questions of fact,
or both law and fact

When to Appeal:
o Within 15 days from
notice of the J/F
appealed from, OR
o Within 15 days from
notice of the denial of
MR or MN filed in due
time
o For justifiable reasons,
may be extended,
provided:
Upon
proper
motion
Payment of the full
amount
of
the
docket and other
lawful
fees
+
deposit for costs
before
the
expiration of the
reglementary
period
No further shall be
granted
EXCEPT

by notice of appeal
deemed perfected
as to him upon the
filing of the notice
of appeal in due
time
by record on appeal
- deemed perfected
as to him with
respect
to
the
subject
matter
thereof
upon
approval
of
the
record on appeal
filed in due time

Within 30 days after the

perfection of all the
appeals the Clerk
shall
verify
the
correctness
&
completeness of the
records
o If incomplete, to
take such measures
to complete such
records
o certify
to
the
correctness of the
records
o to
transmit
the

(PERFECTION)

Shall be filed in
the proper form:
File 7 legible
copies,
original to the
court
Shall:
o State
the
name
of
the parties,
without
impleading
the
lower
courts/judg
es either as
P or R
o Indicate the
specific
material
dates
showing
that it was
filed
on
time
(material
data)
o Set forth a
statement
of
the

for
compelling
reason and in no
case to exceed 15
days
How to Appeal:
File a verified petition
w/
SC
within
reglementary
period
raising only questions
of law
Pay to the clerk of SC
the docket & other
lawful fees + P500 for
costs
Submit the petition w/
the proof of service of a
copy of petition on the
lower court concerned
and the adverse party
(failure
to
comply:
ground for dismissal)
SC may deny on its
own initiative, on the
ground that:
1) Appeal is w/o
merit
2) Prosecuted
manifestly
for
delay
3) Questions raised
therein are too
unsubstantial to

same
to
the
appellate court, and
furnish the parties
with copies of his
letter of transmittal
of the records to the
appellate court

Upon
receiving
the
original
record
on
appeal
&
the
accompanying
docs
transmitted
by
the
lower court, as well as
the proof of payment of
the dicket and other
lawful fees, the clerk of
CA shall docket the
case and notify the
parties

After 45 days from

receipt of notice of the
clerk,
the
appellant
shall file a brief with
proof of service upon
the appellees

Within 45 days from the

receipt of appellants
brief, the appellee shall

matters
involved,
issues
raised,
specificatio
n of errors
of fact or
law or both
o Accompani
ed
by
clearly
legible
duplicate
originals of
judgment/fi
nal order of
both lower
courts
Submit
a
certification
under
oath
that he has
not
commenced
any
other
action
involving
same issues
in SC, CA or in
any
other
courts
o If
he

require
consideration
Mode of Appeal under
Rule 45 shall be
applicable to both civil
and criminal cases,
EXCEPT in criminal
cases where the
penalty imposed is
death, reclusion
perpetua or life
imprisonment
Provisional Remedies
o Petition under Rule 45
may include an
application for a writ of
preliminary injunction
or other provisional
remedies
o May seek the same by
verified motion anytime
during its pendency
o

Not a Matter of Rightgranted only when special

& important reasons could
justify the petition
o Example:
o Court
below
has
decided a question of
substance
not
yet

file his own brief with

proof of service to the
appellant
Within 20 days
from receipt of
the appellees
brief,
the
appellant may
file a reply
brief
answering
points in the
appellees
brief
not
covered in his
main brief
o Extensio
n
of
time for
the
filing of
briefs
will NOT
be
allowed,
except
for good
&
sufficien
t cause
and only
if
the

learned
that
a
similar
action has
been filed
or
is
pending
he
undertakes
to promptly
inform the
court with
5
days
therefrom

Failure
to
comply to ANY
ground for
dismissal
CA finds the
patently
petition
w/o
merit may
dismiss,
prosecuted
merely
for
delay or that
the questions
raised are too
unsubstantial
to
require
consideration

determined by SC
Court
below
has
decided a question of
substance in a way that
is probably not in
accord with law or
jurisprudence
Court below departed
from the accepted &
usual course of judicial
proceedings
Every appeal to the SC
is not a matter of right
EXCEPT: death penalty
or reclusion perpetua
Examples of Questions
of Law/Fact

Factual-Issue Bar Rule

o SC is not a trier of
facts, and unless there
are
excepting
circumstances, it does
not routinely undertake
the re-examination of
the evidence presented
by
the
contending
parties during the trial
of the case
o Jurisdiction of the SC in
cases brought before it

motion
for
extensio
n is filed
before
the
expirati
on
of
the time
sought
to
be
extende
d
In
petition
s
for
certiorar
i,
prohibiti
on,
manda
mus,
quo
warrant
o
and
habeas
corpus
cases,
briefs
are not
filed
In

If CA does
not dismiss

may
require R to
file
a
comment,
not a MTD,
within
10
days from
notice
if
CA
finds
prima
facie
that the lower
court
committed an
error of fact or
law that will
warrant
a
reversal
or
modification of
the appealed
decision may
give
due
courts to the
petition
CA may set
the set for oral
argument
or
require
the
parties
to
submit
memorandas

from the CA is limited

to reviewing & revising
the errors of law
Findings of fact of CA,
when
supported
by
substantial
evidence
are
conclusive
and
binding on the parties
and are not reviewable
by the Court
The Court has the
policy of respecting the
findings of facts of
specialized
administrative agencies
It is only the errors of
the
CA,
which
is
reviewed by the SC, not
of those of the trial
court, etc.
The Court, instead of
denying the appeal has
another option may
refer the appeal to the
CA for decision or
appropriate action
When questions of fact
may be passed upon
in a Rule 45
a) The conclusion of

st
e
a
d,
th
e
p
ar
ti
e
s
s
h al
l
fil
e
th
ei
r
re
s
p
e ct
iv
e
m
e
m
or
a

within 15 days
from notice
Case deemed
submitted

filing of the
last pleading
or
memorandum
required
Residual
Jurisdiction
also applies to Rule
42
RTC
loses
jurisdiction
over
the
case
upon
perfection of the
appeals filed in due
time
&
the
expiration of the
time to appeal of
the other parties
RTC,
however,
despite
the
perfection of the
appeals, may still :
o to issue orders
for
the
protection and
preservation of
the rights of

b)

c)
d)

e)
f)

g)

h)

the CA is grounded
entirely
on
speculations,
surmises
and
conjectures
Inference made is
manifestly
mistaken, absurd or
impossible
There
is
grave
abuse of discretion
Judgment is based
on
misapprehension of
facts
Findings of facts are
conflicting
CA, in making its
findings,
went
beyond the issues
of the case and the
same is contrary to
the admissions of
both appellant &
appellee
Findings of fact of
the CA are contrary
to those of the trial
court
Findings of fact are
conclusions without
citation of specific

n
d
a
w
it
hi
n
a
n
o
ne
xt
e
n
di
bl
e
p
er
io
d
of
3
0
d
a
y
s
fr
o
m

o
o
o

the
parties,
which do not
involve
any
matter litigated
by the appeal,
approve
compromise,
permit appeals
of
indigent
litigants
order execution
pending appeal
in accordance
with Sec. 2 of
Rule 39
allow
withdrawal of
the
appeal,
provided
that
these are done
before the CA
gives
due
course to the
petition

Stay of Judgment
- The
appeal
shall stay the
judgment/final
order =, unless
the CA, the law
or the rules

evidence on which
they are based
i) Facts set forth in
the petition, as well
as in the Ps main
and reply briefs, are
not disputed by the
R
j) Findings of fact of
CA are premised on
the
supposed
evidence
and
contradicted by the
evidence on record

Court
find
a
divergence bet. The
findings of the NLRC
and of the CA Court
set aside the doctrine
that the findings of
specialized
administrative
agencies should be
respected,
and
inquired into the facts
when the case was
appealed to it
Rule 45 v. Rule 65
Rule 45
Appeal by Certiorari
Based only on questions of law

re
c
ei
pt
of
th
e
n
ot
ic
e
is
s
u
e
d
b
y
th
e
cl
er
k
th
at
al
l
th
e
e
vi
d

shall
provide
otherwise
EXPN:
civil
cases decided
under
the
Rules
on
Summary
Procedure

Mode of appeal
Involves review of J/F of CA, SB, CTA, RTC
or other courts on the merits
Filed within 15 days from notice of J/F
appealed from
Stays the J/O appealed from
The appellant and the appellee are the
original parties to the action, and the lower
court or quasi-judicial agency is not
impleaded
Motion for reconsideration is not required
The court is in the exercise of its appellate
jurisdiction and power of review
Filed with the SC.

When Rule 65 is treated as

Rule 45:
1) Petition has been filed
within
the
15-day

e
n
c
e
s
ar
e
al
re
a
d
y
at
ta
c
h
e
d
to
th
e
re
c
or
d
Questions that may
be raised on appeal:
While Rule 44
provides that
the appellant
may include in

2)

3)
4)
5)

period
reglementary
period
Public welfare & the
advancement of public
policy
dictate
such
treatment
Writs issued were null
and void
Broader interests of
justice require such
treatment
Question decision/order
amounts
to
an
oppressive exercise of
judicial authority

his assignment
of error any
question
of
law or fact
that has been
raised in the
court
below
and is within
the
issues
framed by the
parties
o An
appeal
from
the RTC
to
CA
under
Rule 41
should
NOT
raised
pure
questio
ns
of
law
because
of Sec.
2
of
Rule 50
Under Sec. 2
of Rule 50, an
appeal under

Rule 41 taken
form the RTC
to CA raising
only questions
of law shall be
dismissed
o Issues
purely
of
law
not
being
reviewa
ble by
said
court
Residual Jurisdiction
Term refers to
the authority
of a trial court:
o to issue
orders
for the
protecti
on and
preserv
ation of
the
rights of
the
parties,
which

o
o

do not
involve
any
matter
litigated
by the
appeal,
approve
compro
mise,
permit
appeals
of
indigent
litigants
order
executio
n
pending
appeal
in
accorda
nce with
Sec.
2
of Rule
39
allow
withdra
wal
of
the
appeal,
provide

d those
are
done
prior to
the
transmit
tal of:
th
e
or
ig
in
al
re
c
or
d
or
th
e
re
c
or
d
o
n
a
p
p
e
al
,

or
e
v
e
n
if
th
e
a
p
p
e
al
s
h
a
v
e
al
re
a
d
y
b
e
e
n
p
er
fe
ct
e

d
or
d
e
s
pi
te
th
e
a
p
pr
o
v
al
of
th
e
re
c
or
d
o
n
a
p
p
e
al
,
or
i

n
c
a
s
e
of
a
p
et
iti
o
n
fo
r
re
vi
e
w
u
n
d
er
R
ul
e
2
4
b
ef
or
e
th

e
C
A
gi
v
e
s
d
u
e
c
o
ur
s
e
to
th
is
p
et
iti
o
n
o

this
concept
is
availabl
e at a
stage in
which
the
court is

normall
y
deemed
to have
lost
jurisdicti
on over
the
case/su
bject
matter
involved
in
the
appeal
no
residual
jurisdicti
on
to
speak of
where
no
appeal/
petition
has
even
filed