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Rule 40 outlines the appeal process from Municipal Trial Courts (MTC) to Regional Trial Courts (RTC) as governed by Section 39 of BP 129, which specifies a 15-day appeal period for civil actions, 30 days for special proceedings, and 48 hours for habeas corpus cases. The RTC exercises appellate jurisdiction over cases from MTCs, and decisions made by the RTC can be appealed to the Court of Appeals (CA). The document also notes that no record on appeal is required, but the original record must be transmitted with consecutive numbering.

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20 views1 page

PDF Document

Rule 40 outlines the appeal process from Municipal Trial Courts (MTC) to Regional Trial Courts (RTC) as governed by Section 39 of BP 129, which specifies a 15-day appeal period for civil actions, 30 days for special proceedings, and 48 hours for habeas corpus cases. The RTC exercises appellate jurisdiction over cases from MTCs, and decisions made by the RTC can be appealed to the Court of Appeals (CA). The document also notes that no record on appeal is required, but the original record must be transmitted with consecutive numbering.

Uploaded by

Jill Torralba
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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APPEALS

Rule 40
APPEAL FROM MUNICIPAL TRIAL COURTS
TO THE REGIONAL TRIAL COURTS

APPEAL. The law on appeal starts from Rule 40 to Rule 56. Usually the appeal is from the trial court to the next higher court.
Under the judiciary law, appeals from the MTC should be to the RTC which is governed by Rule 40. And when the case is tried
by the RTC and you want to appeal, normally, the appeal should be to the CA under Rule 41.

We will stick to the basic rule on appeal found in the judiciary law, Section 39, BP 129:

Sec 39. Appeals. - The period for appeal from final orders, resolutions, awards, judgments or decisions
of any court in all cases shall be fifteen (15) days counted from the notice of the final order, resolution,
award, judgment, or decision appealed from: Provided, however, That in habeas corpus cases, the period
for appeal shall be forty-eight (48) hours from the notice of the judgment appealed from.
No record on appeal shall be required to take an appeal. In lieu thereof, the entire original record shall
be transmitted with all the pages prominently numbered consecutively, together with an index of the
contents thereof.
This section shall not apply in appeals in special proceedings and in other cases wherein multiple
appeals are allowed under applicable provisions of the Rules of Court.

There are three (3) instances under Section 39:

Type of Case Period to appeal Requisites for appeal

A. Civil Actions in general 15 days Notice of appeal


B. Special Proceedings and Civil 30 days 1. Notice of
Actions where multiple appeal Appeal
is allowed 2. Record on
Appeal
C. Habeas Corpus 48 hours Notice of Appeal

So this is the general outline of the law on appeals under Section 39, BP 129.

[EDITOR’S NOTE: The 48-hour period to appeal in habeas corpus cases under Section 39 of BP 129 is now incorporated in
Rule 41, Section 3 as amended, which took effect last July 15, 2000 (A.M. No. 01-1-03-SC)]

Rule 40 refers to appeal from the MTC to the RTC. The appellate jurisdiction of the RTC is found in Section 22, BP 129. That
is why Rule 40 is revolving around that provision:

BP 129, Sec. 22. Appellate jurisdiction. - Regional Trial Courts shall exercise appellate jurisdiction
over all cases decided by MetTCs, MTCs and MCTCs in their respective territorial jurisdictions. Such cases
shall be decided on the basis of the entire record of the proceedings had in the court of origin and such
memoranda and/or briefs as may be submitted by the parties or required by the RTCs. The decision of the
RTCs in such cases shall be appealable by petition for review to the CA which may give it due course only
289

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