OUTLINE OF MODES OF APPEAL

RULE MODE OF APPEAL COURT BEING ISSUES THAT MAY BE

REVIEWED-> APPELLATE RAISED
COURT
- Notice/Record filed with
the MTC Questions of law OR fact
Rule 40 – Appeal from MTC - Copies served upon the OR both
MTC -> RTC
to RTC appellee
- Pay docket fee to the clerk Stay the award, J/FO/R
of court
Questions of law AND fact;
- Notice/Record filed with
if questions of law ONLY,
the RTC
file directly with the SC
- Copies served upon the
Rule 41 – Appeal from RTC RTC (original) -> CA (Rule 45 – Appeal by
appellee
Certiorari to SC)
- Pay docket fee to the clerk
of court
Stay the award, J/FO/R
- Verified Petition for
Review with the CA
- CNFS
Questions of law OR fact
- Copies served on RTC
Rule 42 – Petition for MTC -> RTC (appellate) -> OR both
AND appellee
Review from RTC to CA CA
- Pay docket and other
Stay the award, J/FO/R
lawful fees, and deposit
P500 for the costs (to the
clerk of court)
- Verified Petition for CSC, CBAA, SEC, OP, LRA,
Review with the CA SSC, CAB, BPTTT, NEA,
Questions of law OR fact
- CNFS ERB, NTC, DAR, GSIS, ECC,
OR both
Rule 43 – Appeals from CTA - Copies served on RTC AIB, IC, PAEC, BOI, CIAC,
and Quasi-Judicial Agencies AND appellee voluntary arbitrators
Appeal will NOT stay the
to CA - Pay docket and other authorized by law and
award, J/FO/R unless the
lawful fees, and deposit Ombudsman
CA directs otherwise
P500 for the costs (to the (admin/disciplinary cases)
clerk of court) -> CA
- Verified Petition for
Review on Certiorari
filed with the SC
- CNFS
- Copies served on lower
court concerned AND
appellee Questions of LAW only
- Copies served on RTC
Rule 45 – Appeal By AND appellee RTC (original), CA, SB and EXCEPT if J rendered in
Certiorari to the SC - Pay docket and other CTA (en banc) -> SC petitions for writ of
lawful fees, and deposit amparo, habeas data or
P500 for the costs (to the kalikasan
clerk of court)

Notice of Appeal (in

criminal cases where the
penalty imposed is
D/RP/LI)
 OUTLINE OF THE REGLEMENTARY PERIODS AND EXTENSIONS ALLOWED
RULE PERIOD EXTENSION
Rule 40 and 41 Notice – 15 from notice of J or denial Notice – non-extendible
of the appellant’s MR/MNT
Record – may extended, provided the
Record – 30 from notice of J or denial motion for extension is filed within
of the appellant’s MR/MNT the original 30-day period

Habeas Corpus – Notice: within 48

hours from notice of J or denial of the
appellant’s MR/MNT
Rule 42 Petition for Review – 15 from notice May be extended for 15 days upon:
of decision sought to be reviewed or - proper motion
of denial of petitioner’s MR/MNT - payment of full amount of docket
and other lawful fees
- deposit for cost
- BEFORE the expiration of the
original 15-day period

No further extension shall be granted

except for the MOST COMPELLING
REASONS and IN NO CASE shall
exceed 15 days
Rule 45 Petition for Review – 15 from notice May be extended for 30 days FOR
of A/J/FO/R OR from the date of its JUSTIFIABLE REASONS and upon:
last publication OR denial of the - proper motion
petitioner’s MR/MNT - payment of full amount of docket
and other lawful fees
- deposit for cost
- BEFORE the expiration of the
original 15-day period

ORDINARY APPEAL PETITION FOR REVIEW

Governing Rules
Rule 40 and 41 Rule 42
As to transfer of records
ALL records ELEVATED from the court of origin NO record elevated UNLESS the court decrees
WHERE
Notice/Record filed with the court of origin Filed with the CA
Applicability
Case decided by MTC/RTC pursuant to original J Decided by RTC pursuant to its appellate J
Court Action
- Appeal is a matter of right - Discretionary
- Notice of appeal DOES NOT require approval of - CA may require the respondent to file a
the court COMMENT on the petition within 10 days from
- Merely to notify the court notice OR dismiss the petition if:
a. patently without merit
b. prosecuted manifestly for delay
c. questions raised are too insubstantial to require
consideration
 RTC AS APPELLATE COURT (42) QJA (43)
Decision is stayed by an appeal Decision is immediately executor; not stayed by an
appeal
Factual findings NOT conclusive to CA Conclusive upon CA if supported by substantial evidence

QUESTIONS OF LAW QUESTIONS OF FACT

Material allegations of fact are NOT controverted by Doubt or difference as to the truth or falsehood of facts,
either party; there is certainty as to facts, the doubt lies or as to probative value of the evidence presented
on what the law is on certain facts
If the appellate court can determine the issue raised Determination of the issue involves evaluation or review
without reviewing or evaluating the evidence of evidence