APPEALS RULE 40

Section 1. Where to appeal. — An appeal from a judgment or final order of a

Municipal Trial Court may be taken to the Regional Trial Court exercising jurisdiction
over the area to which the former pertains. The title of the case shall remain as it
was in the court of origin, but the party appealing the case shall be further referred
to as the appellant and the adverse party as the appellee.
What to appeal?
1. Final order
2. Judgment
Where to appeal
1. RTC if from the MTC
2. CA if from the RTC
3. SC if from the CA
4. CA from the MTC of its delegated jurisdiction in a cadastral cases.
When to appeal
1. Within 15 days from notice to the appellant
2. Of the Judgment or final order.
Title of the case
The title of the case shall remain as I was in the court of origin, but the party
appealing the case shall be further referred to as the appellant and the adverse
party is the appellee.
Example.
1. If the case is A vs. B, on appeal the title would be A vs. B but in this instance,
A would be referred to as appellant since he is the party who filed an appeal
and B would be the appellee.
Section 2. When to appeal. — An appeal may be taken within fifteen (15) days
after notice to the appellant of the judgment or final order appealed from. Where a
record on appeal is required, the appellant shall file a notice of appeal and a record
on appeal within thirty (30) days after notice of the judgment or final order.
The period of appeal shall be interrupted by a timely motion for new trial or
reconsideration. No motion for extension of time to file a motion for new trial or
reconsideration shall be allowed.
When an appeal is allowed
1. Within 15 days from notice of final order or judgment
2. To the appellant
Cases that requires submission of records on appeal
1. Special proceedings
 2. Cases of separate appeals
3. Where the rules requires
When record on appeal is required
1. An appellant shall file:
a. Notice of appeal
b. Record on appeal
c. Within 30 days after notice of judgment or order.
Note: Records on appeal are only necessary if the cases were any of the following:
1. Special proceedings
2. Cases with separate appeals
3. Required by law or this Rules.
Interruption of the period of making appeal
1. When the party file a timely
a. Motion for new trial (newly discovered evidence)
b. Motion for reconsideration. (Questions of fact)
On the following motion, request for extension to file the same is not allowed.
Note: This motion are filed in the court which renders judgment or order.

Section 3. How to appeal. — The appeal is taken by filing a notice of appeal with
the court that rendered the judgment or final order appealed from. 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.
A record on appeal shall be required only in special proceedings and in other cases
of multiple or separate appeals.
The form and contents of the record on appeal shall be as provided in section 6,
Rule 41.
Copies of the notice of appeal, and the record on appeal where required, shall be
served on the adverse party
How to appeal
1. Filing notice of appeal
2. To the court rendered the judgment or final order.
3. Serving of copy to the adverse party(when required)
Notice of appeal- which is just a brief statement of petitioner’s intention to appeal
from the court’s decision. It does not require the extractions of pleadings and
documents from the records pertinent to the subject of the appeal. ( Republic vs.
CA 2000, GR 129846)
Records of appeal-it involves pleadings, documents and record pertinent to the
subject of the appeal. (Republic vs. CA 2000, GR 129846).
Contents of notice of appeal
1. Title-Name of the parties to the appeal
2. Final order appealed from
3. Statement of material dates (timeliness of the appeal).
Form and contents of record on appeal Rule 41 s (6)
Forms of record on appeal (Issue of law)
1. Caption
2. Exhibits
2.1 numbers
2.2 letters
3. Copies of the pleading
4. Subject index (every record on appeal exceeding 20 pages).
Contents of records on appeal
Caption
1. Full names of all the parties to the proceeding
Body
1. Judgment or final order appealed from
2. In chronological manner
Copies of pleading
1. Pleadings
2. Petitions
3. Motions
4. And other interlocutory order
5. Related to the order appealed from.
6. Data to supporting timeliness of appeal.
Forms and contents of Appeal (Issue of fact)
It shall include reference of all
1. Evidence
a. Testimonial
b. Documentary
2. Taken upon the issue involved.
Reference shall specify
1. Documentary evidence
a. By exhibit numbers or letters
b. By which it was identified and admitted
 c. Or offered at the hearing
2. Testimonial and documentary evidence by the names of the corresponding
witnesses.
Note: If the whole testimonial and documentary evidence in the case is to be
included,
1. a statement to that effect will be sufficient
2. without mentioning the names of the witnesses or the numbers or letters of
exhibits.
Every record on appeal exceeding twenty (20) pages must contain a subject index.
The full names of all the parties to the proceedings shall be stated in the caption of
the record on appeal and it shall include the judgment or final order from which the
appeal is taken and, in chronological order, copies of only such pleadings, petitions,
motions and all interlocutory orders as are related to the appealed judgment or final
order for the proper understanding of the issue involved, together with such data as
will show that the appeal was perfected on time. If an issue of fact is to be raised on
appeal, the record on appeal shall include by reference all the evidence, testimonial
and documentary, taken upon the issue involved. The reference shall specify the
documentary evidence by the exhibit numbers or letters by which it was identified
when admitted or offered at the hearing, and the testimonial evidence by the
names of the corresponding witnesses. If the whole testimonial and documentary
evidence in the case is to be included, a statement to that effect will be sufficient
without mentioning the names of the witnesses or the numbers or letters of
exhibits. Every record on appeal exceeding twenty (20) pages must contain a
subject index.

Section 4. Perfection of appeal; effect thereof. — The perfection of the appeal and
the effect thereof shall be governed by the provisions of section 9, Rule 41. (n)
Section 9. Perfection of appeal; effect thereof. — A party's appeal by notice of
appeal is deemed perfected as to him upon the filing of the notice of appeal in due
time.
A party's appeal by record on appeal is deemed perfected as to him with respect to
the subject matter thereof upon the approval of the record on appeal filed in due
time.
In appeals by notice of appeal, the court loses jurisdiction over the case upon the
perfection of the appeals filed in due time and the expiration of the time to appeal
of the other parties.
In appeals by record on appeal, the court loses jurisdiction only over the subject
matter thereof upon the approval of the records on appeal filed in due time and the
expiration of the appeal of the other parties.
In either case, prior to the transmittal of the original record or the record on appeal,
the court may issue orders for the protection and preservation of the rights of the
parties which do not involve any matter litigated by the appeal, approve
compromises, permit appeals of indigent litigants, order execution pending appeal
in accordance with 2 of Rule 39, and allow withdrawal of the appeal.
Perfection of appeal and effect thereof Rule 41 s (9)
Perfection of Appeal by notice of appeal
1. Upon the filing of notice of appeal
2. In due time (within the period of making appeal).
Effect
1. The court loses jurisdiction over the case
2. upon the perfection of the appeals
3. filed in due time and;
4. The expiration of the time to appeal of the other parties.
Perfection of Appeal by records of appeal
1. Upon the approval of records on appeal
2. With respect to the subject matter thereof.
3. In due time (within the period of making appeal)
Effect
1. the court loses jurisdiction only over the subject matter thereof
2. upon the approval of the records on appeal filed in due time
3. And the expiration of the appeal of the other parties.
In either case, prior to the transmittal of the original record or the record on appeal,
the court may
1. Issue orders for the protection and preservation of the rights of the parties
1.1 which do not involve any matter litigated by the appeal,
2. Approve compromises,
2.1 permit appeals of indigent litigants,
3. Order execution pending appeal in accordance with 2 of Rule 39, and
4. Allow withdrawal of the appeal.

Section 5. Appellate court docket and other lawful fees. — 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 thereof shall be transmitted to the
appellate court together with the original record or the record on appeal, as the
case may be.
Appellate court docket and other lawful fees
Payment of appellate docket and other lawful fees
The appellant shall
1. Pay to the clerk of court
1.1 which rendered the judgment or final order appealed from
2. The full amount of appellate court docket and other lawful fees.
Proof of payment
1. shall be transmitted to the appellate court
2. with the original record or record on appeal
Section 6. Duty of the clerk of court. — Within fifteen (15) days from the
perfection of the appeal, the clerk of court or the branch 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.
Duty of the clerk of court of the MTC within 15 days from the perfection of
appeal shall:
1. Transmit the original record or the record on appeal
1.1 with the transcripts and exhibits
2. Certify as to completeness thereof to the RTC.
3. Furnished the parties the copy of transmittal of records.
Section 7.Procedure in the Regional Trial Court.
(a) Upon receipt of the complete record or the record on appeal, the clerk of court
of the Regional Trial Court shall notify the parties of such fact.
(b) Within fifteen (15) days from such notice, 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 fifteen
(15) days from receipt of the appellant's memorandum, the appellee may file his
memorandum. Failure of the appellant to file a memorandum shall be a ground for
dismissal of the appeal.
(c) Upon the filing of the memorandum of the appellee, or the expiration of the
period to do so, the case shall be considered submitted for decision. The Regional
Trial Court shall decide the case on the basis of the entire record of the proceedings
had in the court of original and such memoranda as are filed.

Procedure of appeal in RTC

Duty of the clerk of appellate court (RTC)
Notify the parties
 1. Notify the parties to such fact
2. Upon receipt of the complete records or records on appeal
3. From the lower court
Duty of the appellant
Upon receipt of Notice from the clerk of appellate court.
1. Submit a memorandum
1.1 Which shall briefly discuss the errors.
1.2 Imputed to the lower courts.
2. Furnished a copy of said memorandum to the adverse party.
3. Within 15 days from receipt of such notice from clerk of appellate court.
Effect of appellant’s failure to file his memorandum
1. Ground for the dismissal of an appeal.

Duty of the Appellee

1. Appellee may file his memorandum
2. Within 15 days from receipt of the copy of appellant’s memorandum.
Upon filling of the appellee of his memorandum or the expiration of the
period to do so.
1. The case shall be submitted for decision.
Duty of the Appellate court.
1. The RTC shall decide the case
2. On the basis of
2.1 Entire record of the proceedings had in the lower court
2.2 And such memorandum as are filed.
Section 8. Appeal from orders dismissing case without trial; lack of
jurisdiction. If an appeal is taken from an order of the lower court dismissing the
case without a trial on the merits, the Regional Trial Court may affirm or reverse it,
as the case may be. In case of affirmance and the ground of dismissal is lack of
jurisdiction over the subject matter, the Regional Trial Court, if it has jurisdiction
there over, shall try the case on the merits as if the case was originally filed with it.
In case of reversal, the case shall be remanded for further proceedings.
If the case was tried on the merits by the lower court without jurisdiction over
the subject matter, the Regional Trial Court on appeal shall not dismiss the case
if it has original jurisdiction thereof, but shall decide the case in accordance with the
preceding section, without prejudice to the admission of amended pleadings and
additional evidence in the interest of justice.
Appeal from orders dismissing the case without trial
If the appeal is taken from an order of the lower court dismissing the case without
trial on the merits, the RTC may
1. Reverse or
2. Affirm the decision of the lower court.
In case of affirmance and the basis of dismissal is on the ground of lack of
jurisdiction over the subject matter.
The RTC if it has jurisdiction shall.
1. Try the case on the merits.
2. As if it was originally filed with it.