DIFFERENCES

AMONG THREE (3)

MODES OF APPEAL
 ORDINARY APPEAL (By Writ of PETITION FOR APPEAL BY
Error) REVIEW CERTIORARI
1. How Appeal is Ordinary Appeal by Notice of By filling a By filling a
initiated Appeal or Notice of Appeal and petition for Petition for
Record on Appeal review Review on
Certiorari
2. Where to Appeal -From MTC TO RTC and RTC to - From RTC to For RTC to
Court of Appeals in the exercise Court of Supreme Court
of their respective original Appeals a on a pure
jurisdictions decision question of law,
-From MTC to Court of Appeals rendered by a decision of the
for decision rendered in exercise RTC in the RTC in the
of its delegated jurisdiction exercise of its exercise of its
where the MTC acted as RTC appellate original
jurisdiction jurisdiction
3. Nature of Appeal Matter of Right Matter of Matter of
Appellate Appellate
Court’s Court’s
Discretion Discretion
4.To whom appellate Clerk of Court whose decisions is Clerk of Court Clerk of Court of
docket and other being appealed of the Court of the Supreme
lawful fees should be Appeals Court
paid
5. Payment of Not requisite for perfection A requirement for A requirement of
appellate docket and of appeal but a ground of perfection of perfection of
other lawful fees as a dismissal if not paid on time. Appeal Appeal
requirement of The payment within the
perfection of Appeal prescribed period is
mandatory.
LIBERAL CONSTRUCTION: the
failure to pay within the
reglementary period allows
only discretionary dismissal,
not automatic dismissal of
the appeal. The dismissal is
within sound judicial
discretion
6. Name of Parties Appellant- party appealing Petitioner – party Petitioner- party
Appellee- adverse party appealing appealing
Respondent – Respondent –
Adverse party adverse
7. Requirement of -In special proceedings and Not Required Not required
Record on Appeal other cases of multiple or
separate appeal
8. Basic document to From MTC to RTC – Memorandum Memorandum
be filed in the MEMORANDUM when required by when required by
appellate court From RTC to CA – BRIEFS CA SC
9. Perfection of Appeal Upon filling of the Notice of Upon timely filing of Upon filing of the
as to Appellant Appeal in due time or if record a petition for review petition for review
on Appeal is required upon the and payment of on certiorari and
approval of the record on Appeal corresponding docket payment of docket
in due time. and other lawful fees and other lawful
fees.
10. When Court whose IN APPREAL BY NOTICE OF Upon the perfection Upon the perfection
decisions is being APPEAL upon perfection of of the appeals filed in of the appeals filed
appealed loses appeal files in due time and the due time and the in due time and the
jurisdiction expiration of the time to appeal expiration of the time expiration of the
of the parties. to appeal by the time to appeal by
IN APPEAL BY RECORD ON other parties. the other parties.
APPEAL – upon approval of the
records on appeal files in due
time and the expiration of its
time to appeal of the other
parties.
11. As to question which Question of fact, Question of Question of fact, ONLY Question of
may be raised Law or both Question of facts Question of Law or Law
and law. both Question of
facts and law.

12. Period to file an 15 days after notice/ 30 days 15 days from notice 15 days from notice
appeal record on appeal. Motion for of decision or denial of decision or denial
reconsideration or new trial of MR or MNT, 30 day of MR or MNT, 30
interrupts the period. No extension may be day extension may
extension of time to file MR or granted. Sec 1, Rule be granted. Sec 2,
MNT. 42. Rule 45.