Xaviers Idiot Reviewer Civil Procedure

MTC

Court of Origin

RTC (Notice of Appeal or Record on Appeal)

If not satisfied with the ruling, the proper court to appeal the case is RTC.

CA (Petition for Review)

When a party is desiring to appeal from the judgment of RTC who exercised appelate jurisdiction.

SC

(Appeal by Certiorari)

If not satisfied with the judgment of CA, you can elevate the case by Petition for Review on Certiorari.

RTC (Court of Origin)

Not Satisfied

CA (Notice or Record on Appeal)

Must have jurisdiction

SC (Appeal by Certiorari)

If not satisfied with the judgment of CA, you can elevate the case by Petition for Review on Certiorari.

Xaviers Idiot Reviewer Civil Procedure

3 Modes of Appeal

Ordinary Appeal

Petition for Review

Appeal by Certiorari (Rule 45)

Notice of Appeal (Rule 40)

Record on Appeal (Rule 41)

Appeal from judgment of RTC (Rule 42)

Appeal from judgment of CTA and Quasi Judicial Agencies

(Rule 43)

Within 15 days from the receipt of judgment or final Order

Must be filed within 15 days from the receipt of the Judgment or Final Order.

Must be filed wihin 30 days from the receipt of Judgment or Final Order

The Petition must be filed within 15 days from the receipt of judgment.

Within 15 days from the receipt of judgment, final order or of last publication

Xaviers Idiot Reviewer Civil Procedure

Perfection of Appeals

Ordinary Appeals (Rule 40 & 41)

Petition for Review (Rule 42)

Notice of Appeal

Record on Appeal

The appeal shall stay the judgment or final order

The appeal is deemed perfected from the filing of the petition for review plus payment of docket and other lawful fees

A party's appeal is deemed perfected from the filing of notice of appeal in due time

A party's appeal with respect to the subject matter is deemed perfected upon approval of the record on appeal filed in due time

Before CA give due course to the petition, the RTC may issue orders for the protection and preservation of the rights of the parties which do not involve anny matter litigated by the appeal

The court loses jurisdiction over the case

Tne court loses jurisdiction over the subject matter of the case

Xaviers Idiot Reviewer Civil Procedure

Warning: RTC must have jurisdiction over the area to which MTC is situated

Shall indicate the parties to the appeal, the judgment or final order appealed and the material dates showing timeliness of the appeala

Appeal from the decision of MTC to RTC

Notice of Appeal Shall indicate the parties to the appeal, the judgment or final order appealed and copies of pleadings, petitions, motions and all interlocutory order related to the appealed judgment or final order plus data that will show the timeliness of the appeal.

Record on Appeal

Warning: Only applicable in Special Proceeding and Multiple or Separate Actions

Within 15 days from the receipt of Appelant's brief, the appellee will make a brief also

Upon receipt of the record, the clerk of court of RTC shall notify the parties of such fact

Within 15 days from notice, the appellant will make a brief or memorandum

After the submission of appellee's brief or after the expiration of the period to submit, the case shall be considered submitted for decision