📘 Reviewer: Rules of Court (Rules 41–50)
Rule 41 – Appeal from RTC (Ordinary Appeals)
Where appeal goes:
o To CA if RTC exercised original jurisdiction.
o To CA or SC depending on issues if RTC acted in appellate jurisdiction (but see
Rule 42).
How appeal taken: Notice of appeal (Sec. 2).
Period: 15 days from notice of judgment; 30 days if record on appeal required.
No appeal allowed from (Sec. 1):
o Orders of dismissal without prejudice.
o Interlocutory orders.
o Orders denying MR/relief under Rule 38.
o Orders of execution.
o Orders/judgments subject to Rule 65.
📌 Habaluyas v. Japson, G.R. No. 70895 – perfection of appeal within reglementary period is
jurisdictional.
Rule 42 – Petition for Review from RTC to CA
Applies when: RTC decided in appellate jurisdiction (i.e., from MTC).
Mode: Petition for review filed with CA.
Period: 15 days from notice of RTC decision; extendible by 15 days (max 30 days).
Contents: Verified petition, material dates, concise statement of errors, attachments.
Effect: Failure to comply = dismissal.
📌 De los Santos v. CA, G.R. No. 104960 – petition must clearly show reversible error.
Rule 43 – Appeals from Quasi-Judicial Agencies to CA
Covers: Appeals from CSC, NLRC, SEC, LRA, NTC, BOI, etc. (Sec. 1).
Mode: Petition for review to CA.
Period: 15 days, extendible by 15 (max 30 days).
Scope of review: Questions of fact, law, or mixed.
Effect: Appeal does not stay decision unless CA issues TRO/PI.
📌 Smart Communications v. Astorga, G.R. No. 148132 – Rule 43 is exclusive for quasi-judicial
agency appeals.
Rule 44 – Ordinary Appealed Cases (Procedure in CA)
Appellant’s brief: Filed within 45 days from receipt of notice (Sec. 7).
Appellee’s brief: Filed within 45 days from receipt of appellant’s brief (Sec. 8).
Reply brief: Optional, within 20 days (Sec. 9).
Failure to file briefs: May cause dismissal (Sec. 11).
Rule 45 – Appeal by Certiorari to the SC
Mode: Petition for review on certiorari.
Period: 15 days from notice of judgment; extendible by 30 days for compelling reason.
Scope: Questions of law only.
Parties: Adverse party and lower court/tribunal as nominal party.
Effect: Does not stay judgment unless SC issues TRO/PI.
📌 Republic v. Malabanan, G.R. No. 169067 – Rule 45 is limited to questions of law.
Rule 46 – Original Cases in the CA
Covers: Original actions for certiorari, prohibition, mandamus, quo warranto, habeas
corpus filed in CA.
Form: Verified petition with affidavits and material documents.
Action by CA: May dismiss outright, require comment, or give due course.
Motions: Motion to dismiss or MR allowed; no second MR.
Rule 47 – Annulment of Judgments
Where filed: CA.
Grounds:
1. Lack of jurisdiction.
2. Extrinsic fraud (Sec. 2).
Period:
o Extrinsic fraud → 4 years.
o Lack of jurisdiction → before barred by laches.
Effect: Annulment sets aside judgment, case may be remanded.
📌 Macabingkil v. Yatco, G.R. No. L-23174 – annulment is an extraordinary remedy.
Rule 48 – Preliminary Conference
Purpose: Simplify issues, stipulate facts, agree on documentary evidence.
Court action: May issue resolution embodying agreements.
Equivalent to pre-trial in appellate procedure.
Rule 49 – Oral Argument
Not a matter of right; discretionary upon the court.
When allowed: Only when necessary to clarify issues.
Effect: Court may limit time and scope.
Rule 50 – Dismissal of Appeal
Grounds for dismissal (Sec. 1):
1. Failure to file notice of appeal/petition/brief.
2. Appeal taken out of time.
3. Nonpayment of docket fees.
4. Failure to comply with requirements.
5. Abandonment of appeal.
Effect: Appeal dismissed = judgment final and executory.
📌 Serrano v. Galant Maritime, G.R. No. 167614 – rules on appeals are mandatory and
jurisdictional.
