Vous êtes sur la page 1sur 3

Submitted by: Jaya P.

Ebuen
Submitted to: Atty. Jose A. Parungo
Civil Procedure
Saturday 1 – 6 PM

PART I. DUTIES AND RESPONSIBILITIES OF CLERKS OF COURT (ALL LEVELS)

A. Appeal from Decisions of the MTC to the RTC

Appeal decision of Where a record on appeal is required, The MTC clerk transmits Within 15 days from
MTC by filing notice of the appellant shall file a notice of appeal record to the RTC within notice of appeal –
appeal within 15 days and a record on appeal within thirty 15 days from perfection of appellant submits
memorandum to the
from receipt of (30) days after notice of the judgment appeal.
RTC.
judgment. or final order.

If uncontested, it is Within 15 days from Within 15 days from


entered in the book of receipt of appellant’s notice of appeal –
entries. memorandum – appellant submits
appellee files his memorandum to the
memorandum. RTC.

Any party may appeal


by filing a petition for
review with the CA.
B. Appeal from Decisions of the RTC to the CA

Where a record on appeal is Within 30 days after perfection of the appeals,


Appeal the decision of
required, the appellant shall file a the RTC clerk shall verify the records and
the RTC by filing
notice of appeal and a record on transmit the same to the appellate court
notice of appeal
appeal within thirty (30) days and shall furnish the parties with copies of
within 15 days from
after notice of the judgment or his letter of transmittal of the records to the
receipt of judgment.
final order. appellate court.

Upon receipt of the original


Within 45 days from the Within 45 days from records and documents and
receipt of the appellant’s the receipt of the upon payment of docket
brief, the appellee shall notice of the clerk of fees, the clerk of court of
court, the appellant the CA shall docket the case
file his own brief with
shall file a brief with
proof of service to the and notify the parties.
proof of service to the
appellant. appellant.

Within 20 days from the receipt, the


appellant may file a reply brief.
C. Appeal by Certiorari

RTC, Sandiganbayan Clerk of Court a quo certifies the duplicate Clerk of Court of the SC shall
, CTA en banc or CA original certified true copy of the judgment or receive payment and other
renders decision. final order or resolution. lawful fees and the amount for
cost made by the petitioner.

SC may affirm, If given due course, SC may either


reverse, or modify parties may submit dismiss the petition
judgment of the memoranda. or require the
lower court. appellee to comment.

Within 20 days from


the receipt, the
appellant may file a
reply brief