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Rule 50 Dismissal of Appeal

Section 2. Dismissal of
improper appeal to the
Court of Appeals. - An appeal
under Rule 41 taken from the
Regional Trial Court to the
Court of Appeals raising only
questions of law shall be
dismissed, issues purely of law
not being reviewable by said
court. Similarly, an appeal by
notice of appeal instead of by
petition for review from the
appellate judgment of a
Regional Trial Court shall be
dismissed. (n)
An appeal erroneously
taken to the Court of Appeals
shall not be transferred to the
appropriate court but shall be
Rule 50 Dismissal
3 MODESof
Section 2. Dismissal of Appeal
OF APPEAL OF DECISIONS FROM
THE RTC
improper appeal to the ------------------------------------------------
Court of Appeals. - An appeal ----------------------
under Rule 41 taken from the 1) by ordinary appeal or appeal by writ of
error (under Rule 41)
Regional Trial Court to the
- where judgment was rendered in a civil
Court of Appeals raising only or criminal action by the RTC in the
questions of law shall be exercise of original jurisdiction
The first mode of appeal is taken to the
dismissed, issues purely of law

CA on questions of fact or mixed


not being reviewable by said questions of fact and law.
court. Similarly, an appeal by
notice of appeal instead of by 2) by petition for review (under Rule 42)
- where judgment was rendered by the
petition for review from the RTC in the exercise of appellate
appellate judgment of a jurisdiction
Regional Trial Court shall be
The second mode of appeal is brought to
the CA on questions of fact, of law, or
dismissed. (n) mixed questions of fact and law.
An appeal erroneously
taken to the Court of Appeals 3) by petition for review on certiorari to the
shall not be transferred to the Supreme Court (under Rule 45)

appropriate court but shall be


The third mode of appeal is elevated to the