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SUMMARY (RULES 40 to 45)

Abon, Chua, de Leon, de Mesa, Lopez, Oliveros

Sandiganbayan, CTA en banc, RTC (question of law


CA to the Supreme Court
only) to the Supreme Court

How: Rule 45 (Petition for Review on Certiorari)


How: Rule 45 (Petition for Review on Certiorari)

Manner: Verified Petition for Review on Certiorari


Manner: Verified Petition for Review on Certiorari
filed with the SC with a Certificate of Non-Forum
filed with the SC with a Certificate of Non-Forum
Shopping. Copies shall be served on the lower
Shopping. Copies shall be served on the lower
court concerned and on the appellee.
court concerned and on the appellee.

RTC to CA
(RTC excercising appellate jurisdiction) RTC to CA
(RTC excercising original jurisdiction)
CTA, Quasi-Judicial Bodies to the CA
How: Rule 41 (Ordinary Appeal)
How: Rule 42 (Petition for Review) Manner: Notice of Appeal / Record on
How: Rule 43 (Petition for Review)
Manner: Verified petition for review filed Appeal filed with the RTC. Copies of the
with the CA with a Certificate of Non-Foru notice of appeal and record shall be served
Shopping. Copies shall be served on the RTC upon the appellee. Manner: Verified petition for review filed
and the appellee. with the CA with a Certificate of Non-Foru
Issues:
Shopping. Copies shall be served on the
Issues: (1) Questions of law
RTC and the appellee.
(1) Questions of law (2) Questions of law and fact
Issues:
(2) Questions of fact If the appeal would raise only question of (1) Questions of law
(3) Both law, it should be filed directly with the SC
(2) Questions of fact
under Rule 45
(3) Both

MTC to RTC:

How: Rule 40 (Ordinary Appeal)


Manner: Notice of Appeal / Record on
Appeal filed with the MTC. Copies of the
notice of appeal and record shall be served
upon the appellee.
Issues:
(1) Questions of law
(2) Questions of fact
(3) Both