MTC to RTC
Rule 40
A judgment/ final order of MTC
is appealable to RTC
case title remains
designation of parties
appellant -party appealing
adverse-party appellee
Questions of F/L/M
notice of appeal
When 15 days after notice
Fresh period
-allows a party intending to appeal another 15 days
from receipt of an order denying MR/MNT
How indicating
parties,
J/ FO appealed from
statement of material dates
showing timeliness of appeal
When upo filing of notice in due time
perfected
-Court loses jurisdiction
upon perfecrtion and
expiration of the time of
appeal
This is power is known as RESIDUAL JURISDICTION
In either case, prior to transmittal of the records, the court may issue orders:
(a) protection and preservation of the rights of the parties not involving any matter
litigated by the appeal
RTC(O) to CA RTC (A) to CA RTC, CA, SB, to SC RTC(CC) to CA
Rule 41 Rule 42 Rule 45 Rule 43
MTC to RTC Ordinary Appeal Petition for Review Appeal by Certiorari / PRC Petition for Review
by notice of appeal of the decision of RTC appeal to the CA Petition for Review on Certiorari appeals frim CTA
in the exercise of its ORIGINAL jurisdiction J/FO of RTC APPELLATE Jurisdiction to SC other quasi-judicial agencies
RTC as commercial court
-verified petition -verfied pertion to CA
questions judgment of not applicable to J/FO
CA. SB, RTC, other Courts under Labor Code
Q. fact Q. Fact or Mixed Q F&L pure questions of Law Q - F/L/M
mixed questions of Law and Fact but not Q Law only
record on appeal Notice of appeal Record on appeal
30 days after notice 15 days from notice of 30 days 15 days from notice of decision sought to be reviewed 15 days from notice of J/FO or resolution 15 days from notice or
BUT period can be judgment BUT period can be or denial of MNT or MR or of Petition's denial of MNT/ MR from date of its last publication,
interrupted by interrupted by -CA may grant extension for 15 days - SC may grant extension of 30 days if publication is required by law
MR MR No further extension can be given unless on justifiable reasons for its effectivity or
MNT MNT for the most compelling reason, df the denial of MNT / MR
Though no motion Though no motion but in no case to exceed 15 days GR: Questions of LAW only - only 1 MR is allowed
to extend time for to extend time for Q. LAW Q. FACT -CA may grant extension for 15 days
its filing is allowed its filing is allowed -one that requires interp -resolution of a No further extension can be given unless
- HABEAS CORPUS - period is 48 hours from notice of J/FO or application of law factual dispute for the most compelling reason,
Fresh period - doubt or difference arises - doubt arises but in no case to exceed 15 days
as to what the law is pertaining to as to the truth or falsity of
a state of facts alleged facts
to file an appeal
in special proceedings or cases allowing for multiple
appeals
a) Full name of the partirs a) full names of parites, WITHOUT impleading a) full names of parites, WITHOUT impleading procedural matters and reqs:
including the J/FO from the lower ourt/judge the lower ourt/judge similar to RULE 42 (PR)
which appeal is taken b) specific material dates (filed on time b) indicate material dates except: appeal under Rule 43 will
b) copies of all c) statements of matters, issues, c) concise statements of matters involved and NOT STAY the award, J/FO/R
pleadings, specification of error on fact/law and reasons/arguments relid ipon unless CA deems otherwis
motions, reasons/arguments relied upon d) clearly legible copies of judgment
interlocutory orders d) accompanied by clearly legigble or final order/ reconsideration or
-as related to the appealed duplicate copies or true copies of judgment certified true copies
judgment of lower court other material porion supporting the record
-for proper understanding e) certification against forum shopping/ e) Certificate agains forum shopping and
of the issue verification verification
-in chronological order
c) Date to show that appeal
was filed on time GR: only Questions of Law may be raised in PR
d) issue of fact: reference to XPT:
documentary evi 1) conclusion is a finding grounded entirely on
-exb no. or letters speculation, surmises, or conjectures;
testimonial evi 2) inference made is manifestly mistaken,
-name of wit absurd, or impossible
(if whole is included, 3) grave abuse of discretion
statement to such effect 4) judgment is based on misaapprehension of
is sufficient) facts
e) subject index - if more than 5) CA, in making its findins, went beyond the
20 pages issue of the case and the same is contrary
upon approval of the record same as Rule 40 -upon timely filing of the petition and to the admissions of the Appellant and
on apeeal filed in due time payment of Docket Feess Apellee
-Court loses jurisdiction -Court loses jurisdiction 6) findings of CA are contrary to those of
upon perfecrtion and upon perfecrtion and trial courts
expiration of the time of expiration of the time of 7) finding of facts are conclusions without
appeal appeal citations of specific evidence on which
APPROVAL of ROA they are based
within 5 days from receipt GR: Appeal shall STAY the judgment/FO 8) facts set forth in the pet as well as in
approve it order its amendment (Sec 7) XPT: petitioner's main and reply briefs are not
if no motu pro pio 1) Cases covered by Summary Pro disiputed by the respondents
objection upon motion 2) Rules provide otherwise 9) finding of fact of CA is premised on
is filed -amendment by the inclusion supposed absence of evidence but
by the of omitted matters is contradicted by evi on record
appellee which are deemed essential 10) CA manifestly overlook certain facts
to the determination of the issue not disputed by parties and which, if
of law or facts involved properly considered, would justify a
in the appeal different conclusion
-Appellant must comply
within the period stated,
any extension granted or
10 days (if no time is fixed)
-submitting redrafted record
for the approval of court
Joint record on appeal
may be filed where both parites are appellants
Prior to transmittal of record / recprd on appeal, Residual jurisdiction until the same
the RTC may, motu pro pio or on motion to dismiss: has been given DUE COURSE
a) appeal having been taken out of time; -DUE COURSE
 (b) approve compromises b) non payment of docket and other lawful fees
(c) permit appeals of indigent litigants within reglementary period
(d) order execution pending appeal (e) [if transmitted already, CA may dismiss)
(e) allow withdrawal of appeal.550

Dokcet Fees/ Other fees

-paid to the clerk of court - shall be paid to the COC
that rendered the judgment that rendered the judgment
-proof of payment, transmitted with the records
-Late payment may be admitted
party shows willingess to abide by the Rules
six days after filing notice of appeal
and beyond the periof for perfercting an appeal
-No dismissal of appeal, when delay in the payment of DF was -FAILURE to pay is a ground for dismissal
not due to a desire to delay or defeat the ends of justice
late payment which chauses no prejudice to anyone
Transmital
Duty of COC Duty of COC IF efforts to complete fail:
within 15 days from perfection within 30 days from perfection it shall be indicated in the letter of
NA/ ROA is transmitted by COC a) verify correctness of the original record /record on transmittal:
together with transcripts/exhibits appeal and make a certification as to correctness -which exhibits/transcripts are
COC will certify as complete b) verify completeness of records transmitted not included
copy is furnished to parties to appellate court -resasons why they are not transmitted
c) If incomplete, take necessary measures as may be - the steps taken to make them available
required to complete records, availing of the authority
that he or the court may exercise for this purpose Transcipts must be transcribed and
d) transmit the records to the appellate court transmittal to include proof of payment
e) then furnish parties the transmital of docket fees

Records are not transmitted within 30 days

Remedy: either party may file a motion with RTC, with notice to the other, for transmittal
Once transmitted to RTC to CA Once Filed: CA may UPON Filing; SC may
Duty of Parties COC of CA a) Require the respondent to file a Dismiss Allow Review
-shall docket the case and notify the parties COMMENT, not a MD, within 10 days from notice 1) failute to comply not a matter of right
Appellant Appellee Appellant b) Dismiss the petition with requirements but is discretionary,
-15 days from notice -15 days from receipt of -if by Record on Appeal - if found patently regarding: payment when there are special/
appelants memorandum - w/in 10 days from notice without merit, proof of serv impt reasins therefore:
-shall submit a memorandum -may file his own memorandum -file with COC prosecuted manifestly for delay, or contents/docs Examples:
briefly discusing errors 7 clearly legible copies of approved ROA and questions raised therin are too unsubstantial 2) on its own initiative 1) Lower court decided not
imputed by the lower court proof service to adverse party of 2 copies to require consideration because it is determined by SC or
-copy furnished the adverse - Any unauthorized aletration, omission or addition without merit LC decided in a way not in
adverse party shall be ground for dismissal COMMENT prosecuted for delay or accord w/ Law or applicable
-Failure to file by appellant - filed in 7 copies issues are too unsubstantial decisions of SC
ground for dismissal - Appellant;s Brief Appellee's Brief -accompanied by certified true copies of to require consideration 2) LC has so far departed
of the appeal - 45 days from notice -45 days from receipt of such MATERIAL PORTIONS OF THE RECORD and from the accepted and
Upon Filing or expiration -7 copies of brief appellant's brief OTHER SUPPORTING DOCUMENTS stating: usual course of judicial
-the case is submitted for decision -2 copies of proof servie to adverse party -7 copies of brief a) Statements of WON he accepts the proceedings,
on the basis of the record in the MTC and (Several parties -2 copies of PS to adverse statement of matters as to call for an exercise
the memoranda submitted by the parties 1 counsel repesent 1 or more - not all may be served b) Point out the insufficiencies/inaccuracies of the power of
several counsel/ 1 party- service may be made on any one of them c) State REASONS why it should not be given SUPERVISION
Contentst: due course.
If appeal is taken 1) subject index 1) subject index Copy must be served on adverse party
Lower Court (MTC) dismissed the case 2) assignment of errors 2) statement of facts,
without trial on the merits tried on the merits 3) statement of the case either a statement of GIVEN DUE COURSE when IF DUE COURSE, SC can:
without jurisdiction 4) statement of the facts acceptance or upon filing of the comment or 1) Require elevation of records or
RTC may RTC ( if it has original jurisdiction 5) statement of the issues counter-statement of facts expiration of period to file, specified portion thereof,
affirm MTC is correct -shall not dismiss the case 6) arguments 3) Arguments CA finds PRIMA FACIE that the lower court within 15 days from notice
-ground of dismissal is lack of jurisdiction -but shall decide the case 7) relief 4) Reply Bried may be filed has committed error of fact/law 2) Require filing of
-RTC (if it has jursidcition) in accordance with Sec 7(ROA), 8) if not by record on appeal, an appendix, by appellant within 20 days that will warrant a reversal /dismissal. pleadings,
shall try the case on the merits w/o prejudice to the admisission copy of J/FO appealed from receipt of Appellee's CONSEQUENTLY, if deems necssary, briefs,
as if the case was originally filed with it of amended pleadings and Brief CA will order the elevation by COC of RTC memornda
(Trial is needed) additional evidence of the entire record withing 15 days documents
in the interest of justice GR: No extention of time to file Briefs is allowed within periods / conditions it may
(No trial is needed) XPT: for good and sufficient cause, CA may set it for consider appropriate and
reversal MTC is wrong and only if filed before the expiration of time sought to be extended oral argument or impose sanctions for non-filing /
-remanded back for further proceedings require memeoranda noncompliance or unauthorize filing
In Lieu of Briefs: MEMORANDA is required in within 15 days from notice
Certiorari, prohibition, manadmus
quo qarranto, habeas corpus IT is SUBMITTED FOR DECISION
-within a non-extendible period of 30 days from notice after the filing of last pleading or mermorandum
that all evidence is attached to the record
Failure to file memoranda is ground to dismiss the appeal