APPEALS

FOR CIVIL AND CRIMINAL CASES

Group 5

WHY SHOULD YOU LEARN APPEALS?

First

You wont always win

Second

You may win, but the judgment isnt as favorable as you want it to
be

WHAT ARE THE MODES OF APPEAL?

Rule 41, Section 2. Modes of appeal

Ordinary appeal

Petition for review

Appeal by certiorari

WHAT FORMS WILL WE DISCUSS?

Notice of Appeal
Appeal Memorandum
Appellants Brief
Appellees Brief
Reply Brief
Petition for Review on Certiorari (Rule 45)

WHAT DO YOU APPEAL?

Criminal

Rule 122 Section 1. Who may appeal.

Any party may appeal

From a judgment or final order

Unless the accused will be placed in double jeopardy.

Civil

Rule 40 (From MTC), Rule 41 & 42 (From RTC), Rule 45 (to SC)

The subject of appeal is a judgment or final order of the Court a quo

Rule of Thumb: Rule 41, Section 1. Subject of appeal. An appeal

may be taken from a judgment or final order that completely
disposes of the case, or of a particular matter therein when
declared by these Rules to be appealable.

PROHIBITED APPEALS
No

appeal may be taken from:

(a) An order denying a motion for new trial or reconsideration;

(b) An order denying a petition for relief or any similar motion

seeking relief from judgment;

(c) An interlocutory order;

(d) An order disallowing or dismissing an appeal;

(e) An order denying a motion to set aside a judgment by consent,

confession or compromise on the ground of fraud, mistake or duress,
or any other ground vitiating consent;

(f) An order of execution;

(g) A judgment or final order for or against one or more of several

parties or in separate claims, counterclaims, cross-claims and thirdparty complaints, while the main case is pending, unless the court
allows an appeal therefrom; and

(h) An order dismissing an action without prejudice.

PROHIBITED APPEALS
In all the above instances where the judgment or final

order is not appealable, the aggrieved party may file an

appropriate special civil action under Rule 65.

HOW APPEAL TAKEN? CRIMINAL

Rule 122 Sec. 3 How appeal taken

MTC RTC

Notice of appeal filed in the MTC

RTC CA

RTC in the exercise of its original jurisdiction

Notice of appeal filed in the RTC

RTC CA

RTC in the exercise of its appellate jurisdiction (started from MTC)

Petition for review under Rule 42 filed in the CA

RTC SC

Where the penalty imposed is (1) death (2) reclusion perpetua (3) life
imprisonment

Notice of appeal filed in the RTC

HOW APPEAL TAKEN? CRIMINAL

CA SC

Petition for Review on Certiorari under Rule 45

Special rules

If the RTC imposes the death penalty, no notice of appeal is

necessary and the same is automatically reviewed by the Supreme
Court

HOW APPEAL TAKEN? CIVIL

MTC RTC

Rule 40 Sec. 3 - Notice of appeal filed in the MTC

RTC CA

RTC in the exercise of its original jurisdiction

Rule 41 Sec. 2 - Notice of appeal filed in the RTC

RTC CA

RTC in the exercise of its appellate jurisdiction (started from MTC)

Rule 42 Sec.1 - Petition for review under Rule 42 filed in the CA

RTC SC

Where only questions of law are raised or involved

Rule 45 Sec. 1- Petitioner for Review on Certiorari filed in the SC

HOW APPEAL TAKEN? CIVIL

CA SC

Rule 45 Sec. 1 - Petition for Review on Certiorari filed in the SC

WHEN TO APPEAL? CRIMINAL

For all Courts

Rule 122 Sec. 6. When appeal to be taken.

Fifteen (15) days

From promulgation of the judgment or from notice of the final order

appealed from.

WHEN TO APPEAL? CIVIL

From MTC to RTC

Rule 40 Sec. 2

15 days after notice to the appellant of the judgment or final appealed from.

30 days in case a record of appeal is required.

From RTC to CA

Rule 41 Sec. 3 (RTC has original jurisdiction)

15 days from notice of the judgment or final order appealed from

30 days in case a record of appeal is required

Rule 42 Sec. 1 (RTC has appellate jurisdiction)

15 days from notice of the decision sought to be reviewed or of the denial of

petitioners motion for new trial or reconsideration filed in due time after
judgment.

WHEN TO APPEAL? CIVIL

From RTC or CA to SC

Rule 45 Sec. 2

15 days from notice of the judgment or final order or resolution appealed

from, or of the denial of the petitioners motion for new trial or
reconsideration filed in due time after notice of the judgment.

Note: the fifteen (15) day period is suspended

From the time a motion for new trial or reconsideration is filed until notice
of the order overruling the motion shall have been served upon the
accused or his counsel at which time the balance of the period begins to
run.

Note: according to the Neypes ruling, the fresh period rule

applies to both criminal and civil cases when MR and MNT are
filed.

APPEAL TO RTC

APPEAL TO RTC: NOTICE OF APPEAL

Rule 40 Sec. 3

The notice of appeal shall indicate:

The parties to the appeal,

The judgment or final order or part thereof appealed from, and state

The material dates showing the timeliness of the appeal.

Addition requirement under Rule 41 Sec. 5

Specify the court to which the appeal is being taken

APPEAL TO RTC: NOTICE OF APPEAL

What are the three important things that need to be

stated in the notice of appeal?

That the notice has been filed within the reglementary period

That the fees have been paid, and that the receipt thereof is
attached to the notice

That the judgment appealed from is either contrary to law or to the

facts of the case (Purpose of the appeal)

DOCKET FEES
Rule 41 Sec. 4 - Within the period for taking an appeal, the

appellant shall pay to the clerk of the court which rendered

the judgment or final order appealed from, the full amount
of the appellate court docket and other lawful fees. Proof of
payment of said fees shall be transmitted to the appellate court
together with the original record or the record on appeal.
The payment of the docket fee within the period is mandatory to
perfect the appeal. Without payment, the appellate court wouldnt
be able to act on the subject matter of the action and the decision
becomes final and executory. this is because the appellate court
does not acquire jurisdiction over the appeal. Enriquez v.
Enriquez, G.R. No. 139303

DUTIES OF THE CLERK OF COURT

Rule 40, Section 6

Within fifteen (15) days from the perfection of the appeal, the clerk
of court of the lower court shall transmit the original record or the
record on appeal, together with the transcripts and exhibits, which
he shall certify as complete, to the proper Regional Trial Court.

A copy of his letter of transmittal of the records to the appellate

court shall be furnished the parties.

Rule 40, Section 7

Upon receipt of the complete record or the record on appeal, the

clerk of court of the RTC shall notify the parties of such fact.

APPEAL TO RTC: CRIMINAL

Rule 122 Sec. 9. Appeal to the Regional Trial Courts.

Within fifteen (15) days

From receipt of notice that RTC has complete records of the case,
transcripts, and exhibits

The parties may submit memoranda or briefs, or may be required

by the Regional Trial Court to do so.

APPEAL TO RTC: CIVIL

Rule 40 Sec. 7

Within 15 days from such notice by the Clerk of Court of the RTC

It shall be the duty of the appellant to submit a memorandum which shall

briefly discuss the errors imputed to the lower court, a copy of which
shall be furnished by him to the adverse party

Within 15 days from receipt of the appellants memorandum

The appellee may file his memorandum.

Failure of the appellant to file a memorandum shall be a ground

for dismissal of the appeal

APPEAL TO CA

APPELLANTS BRIEF: CRIMINAL

Rule 124 Sec 3. When brief for appellant to be filed.

Within thirty (30) days

From receipt by the appellant or his counsel of the notice from the
clerk of court of the Court of Appeals that the evidence, oral and
documentary, is already attached to the record,

The appellant shall file seven (7) copies of his brief with the clerk of
court

Which shall be accompanied by proof of service of two (2) copies

thereof upon the appellee.

WHAT HAPPENS IF YOU FAIL TO FILE AN

APPELLANTS BRIEF IN CRIMINAL CASES?
Rule 124 Sec. 8. Dismissal of appeal for abandonment or

failure to prosecute.

The Court of Appeals may, upon motion of the appellee or motu

proprio and with notice to the appellant in either case,

Dismiss the appeal if the appellant fails to file his brief within the
time prescribed by this Rule, except where the appellant is
represented by a counsel de oficio.

APPELLANTS BRIEF: CIVIL

Rule 44 Sec 7.

It shall be the duty of the appellant to file with the court

Within 45 days from receipt of the notice of the clerk that all
evidence, oral and documentary, are attached to the record

7 copies of his appellants brief

With proof of service of 2 copies thereof upon the appellee.

CONTENTS OF APPELLANTS BRIEF

Rule 44 Sec. 13. Contents of appellant's brief.

The appellant's brief shall contain, in the order

herein indicated, the following:
A subject index of the matter in the brief
With a digest of the arguments and page

references, and
A table of cases alphabetically arranged, textbooks

and statutes cited with references to the pages

where they are cited;

An assignment of errors intended to be

urged, which errors shall be separately,

distinctly and concisely stated without
repetition and numbered consecutively;

CONTENTS OF APPELLANTS BRIEF

Under the heading "Statement of the Case,"
A clear and concise statement of the nature of the action,
A summary of the proceedings,
The appealed rulings and orders of the court, the nature of the

judgment and
Any other matters necessary to an understanding of the nature of

the controversy with page references to the record;

Under the heading "Statement of Facts,

A clear and concise statement in a narrative form of the facts

admitted by both parties and of those in controversy,

Together with the substance of the proof relating thereto in sufficient

detail to make it clearly intelligible, with page references to the

record;

CONTENTS OF APPELLANTS BRIEF

A clear and concise statement of the issues of fact or law to be

submitted, to the court for its judgment;

Under the heading "Argument,"
The appellant's arguments on each assignment of error with page

references to the record.

The authorities relied upon shall be cited by the page of the report at

which the case begins and the page of the report on which the citation is
found;

Under the heading "Relief,"

A specification of the order or judgment which the appellant seeks; and

In cases not brought up by record on appeal, the appellant's

brief shall contain, as an appendix, a copy of the judgment or

final order appealed from.

APPELLEES BRIEF: CRIMINAL

Rule 124 Sec. 4. When brief for appellee to be filed; reply

brief of the appellant.

Within thirty (30) days

From the receipt of the brief of the appellant,

The appellee shall file seven (7) copies of the brief of the appellee
with the clerk of court

Which shall be accompanied by proof of service of two (2) copies

thereof upon the appellant.

APPELLEES BRIEF: CIVIL

Rule 44 Sec. 8. Appellees brief

Within 45 days

From receipt of the appellants brief

The appellee shall file with the court 7 copies of his brief

With proof of service of 2 copies thereof upon the appellant.

CONTENTS OF APPELLEES BRIEF

Rule 44 Sec. 14. Contents of appellee's brief. The

appellee's brief shall contain, in the order herein

indicated the following:

A subject index of the matter in the brief with

A digest of the arguments and page references, and

A table of cases alphabetically arranged, textbooks and statutes cited

with references to the pages where they are cited;

CONTENTS OF APPELLEES BRIEF

Under the heading "Statement of Facts,

The appellee shall state that he accepts the statement of facts in the
appellant's brief, or under the heading "Counter-Statement of Facts," he
shall point out such insufficiencies or inaccuracies as he believes exist in
the appellant's statement of facts with references to the pages of the
record in support thereof, but

Without repetition of matters in the appellant's statement of facts; and

Under the heading "Argument,"

The appellee shall set forth his arguments in the case on each
assignment of error with page references to the record.

The authorities relied on shall be cited by the page of the report at which
the case begins and the page of the report on which the citation is
found.

REPLY BRIEF: CRIMINAL

Rule 124 Sec. 4

Within twenty (20) days

From receipt of the brief of the appellee

The appellant may file a reply brief traversing matters raised in the former
but not covered in the brief of the appellant.

REPLY BRIEF: CIVIL

Rule 44 Sec. 9 Appellants reply brief

Within twenty (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.

WHAT IS AN APPELLANTS REPLY BRIEF?

The appellants reply brief is a document answering points in the

appellee's brief NOT covered in appellants main brief

It contains the answer of the appellant to the allegations raised in

the appellees brief

Legal

Factual

It reiterates the arguments raised in the appellants brief

Brings the focus back to the arguments in the appellants opening brief

Boosts the credibility by citing authorities that support the stand

of the appellant
Uses the arguments of the appellee to discuss issues in the

opening brief

WHAT NOT TO PUT IN THE APPELLANTS

REPLY BRIEF
New affirmative issues

Good reasons for not raising it before

Rehash of Statement of Case and Facts

EXTENSION OF TIME
For both Criminal (Rule 124 Sec. 5.) and Civil (Rule 44

Sec. 12) Extension of time for the filing of briefs will not
be allowed
Except for:

Good and sufficient cause and:

Only if the motion for extension is filed before the expiration of the
time sought to be extended.

FOR SPECIAL CASES

Rule 44 Sec. 10 Time of filing memoranda in special

cases

In certiorari, prohibition, mandamus, quo warranto and habeas

corpus cases

The parties shall file in lieu of briefs

Their respective memoranda

Within a non-extendible period of 30 days

From receipt of the notice issued by the clerk that all the evidence,
oral, and documentary, is already attached to the record.

APPEAL TO SC

PETITION FOR REVIEW ON CERTIORARI

Rule 45 Sec. 1. Filing of petition with Supreme Court.

From a judgment or final order or resolution of the CA, the

Sandiganbayan, the RTC or other courts

May include an application for a writ of preliminary injunction or

other provisional remedies

Applicable on both civil and criminal cases, except in criminal cases

where the penalty is death, reclusion perpetua, or life imprisonment

PETITION FOR REVIEW ON CERTIORARI

The petition shall raise only questions of law which must be distinctly set
forth. Except:

when the conclusion is a finding grounded entirely on speculation, surmise and

conjecture;

when the inference made is manifestly mistaken;

when there is a grave abuse of discretion;

when the judgment is based on a misapprehension of facts;

when the findings of fact are conflicting;

when the Court of Appeals went beyond the issues of the case and its findings
are contrary to the admissions of both appellant and appellee;

when the findings of fact of the Court of Appeals are contrary to those of the trial
court;

when said findings of fact are conclusions without citation of specific evidence on
which they are based;

PETITION FOR REVIEW ON CERTIORARI

when the facts set forth in the petition as well as in the petitioners main and
reply briefs are not disputed by the respondents; and

when the findings of fact of the Court of Appeals are premised on the
supposed absence of evidence and contradicted by the evidence on record.
(Cirtek Employees Labor Union-Federation of Free Workers v. Cirtek
Electronics, Inc., G.R. No. 190515, June 06, 2011, 650 SCRA 656, 660)

CONTENTS OF PETITION
Rule 45 Sec. 4. Contents of petition.

The petition shall be filed in eighteen (18) copies with the original
copy intended for the court being indicated as such by the petitioner
and shall

State the full name of the appealing party as the petitioner and the
adverse party as respondent, without impleading the lower courts or
judges thereof either as petitioners or respondents;

Indicate the material dates showing:

when notice of the judgment or final order or resolution subject

thereof was received,

when a motion for new trial or reconsideration, if any, was filed and

when notice of the denial thereof was received;

CONTENTS OF PETITION

Set forth concisely a statement of the matters involved, and the

reasons or arguments relied on for the allowance of the petition;

Be accompanied by a clearly legible duplicate original, or a certified

true copy of the judgment or final order or resolution certified by the
clerk of court of the court a quo and the requisite number of plain
copies thereof, and such material portions of the record as would
support the petition; and

Contain a sworn certification against forum shopping as provided in

the last paragraph of section 2, Rule 42.

DISMISSAL OF PETITION
Rule 45 Sec. 5. Dismissal or denial of petition.

The failure of the petitioner to comply with the requirements

regarding the contents of the documents which should accompany
the petition shall be sufficient ground for the dismissal thereof.

Thank you for listening!

END