RULE 42
PETITION FOR REVIEW FROM
THE RTC TO CA
Section 1 HOW APPEAL TAKEN
A party desiring to appeal from a decision of the RTC
rendered in the exercise of its appellate jurisdiction may:
File a verified petition for review with the CA
Paying at the same time to the clerk of the said court the
corresponding docket and other lawful fees
Furnishing the RTC and the adverse party with a copy of
the petition
The petition shall be filed and serve within 15 days from
the notice of the decision sought to be reviewed .
Can the reglementary period to file an
appeal via petition for review be
extended?
No.
Can the reglementary period to file the
petition for review be extended?
Yes, provided that there is a proper
motion and the payment of the full
amount of the docket and other
lawful
fees and the deposit for costs before
the expiration of the reglementary period.
No further extension shall be granted
except for the most compelling reasons and
in no case exceed 15 days
Section 2 FORM AND CONTENTS
the petition shall be filed in seven legible
copies, with the original copy intended for
the
court being indicated as such by the
petitioner, and shall:
a. State the full names of the parties to the case, without
impleading the lower courts or judges
thereof either as petitioners or respondents;
b. Indicate the specific material dates showing that it was filed on
time;
c. Set forth concisely a statement of the matters involved, the
issues raised, the specification of
errors of fact or law or both, allegedly committed by the RTC,
and the reasons or arguments
relied upon for the allowance of the appeal.
d. Be accompanied by clearly legible duplicate originals or
true copies of the judgments or final
orders of both lower courts, certified correct by the clerk of
court of the RTC, the requisite
number of plain copies thereof and of the pleadings and other
material portions f the record as
would support the allegations of the petition.
e. Verification and Certificate of Non- forum shopping.
SECTION 3- EFFECT OF FAILURE
the failure of the petitioner to comply with any of
the foregoing requirements regarding
the payment of the docket and other lawful fees,
the deposit for costs, proof of service of the
petition, and
the contents of and the documents which should
accompany the petition shall be sufficient ground
for the
dismissal thereof.
What is the effect if only questions of law are raised
before the CA?
The appeal can be dismissed motu propio.
SECTION 4-ACTION AND PETITION
the Court of Appeals may inquire the respondent
to file a comment on the petition, not a
motion to dismiss, within 10 days from notice, or
dismiss the petition if it finds the same to be
patently
withoutmerit, prosecuted manifestly for delay, or
that the questions raised therein are too
unsubstantial to
require consideration.
SECTION 5- CONTENT OF COMMENT
the comment of the respondent shall be filed in
seven legible copies, accompanied by
certified true copies of such material portions of
the record referred to therein together with
other
supporting papers and shall:
a. State whatever or not he accepts the
statement of matters involved in the
petition;
b. Point out such insufficiencies or
inaccuracies as he believes exist in
petitioner‟s statement of
matters involved but without repetition; and
c. State the reasons why the petition should
not be given due course
d. A copy thereof shall be served on the
petitioner.
SECTION 6 – DUE COURSE
if upon the filing of the comment or such other pleadings
as the court may allow or
require, or after the expiration of the period for the fling
thereof without such comment or pleading having
been submitted, the Court of Appeals finds prima facie
that the lower court has committed an error of fact
or law that will warrant a reversal or modification of the
appealed decision, it may accordingly give due
course to the petition
SECTION 7- ELEVATION OF RECORD
whenever the Court of Appeals deems it
necessary, it may order the clerk of court
of the
RTCto elevate the original record of the
case including the oral and documentary
evidence within 15 days
from notice
SECTION 8- PERFECTION OF APPEAL
a. Upon filing of a petition for review and the
payment of the corresponding docket and other
lawful fees, the appeal is deemed perfected as to
the petitioner.
The RTC loses jurisdiction over the case upon the
perfection of the appeal filed in due time and
the expiration of the time to appeal of the other
parties.
However, before the CA gives due course to the petition, the
RTC 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 Section 2, Rule 39, and
allow withdrawal of the appeal.
b. Except in civil cases deiced under the Rules on
Summary procedure, the appeal shall stay the
judgment of final orders unless the Court of Appeals, the
law, or these Rules shall provide
otherwise
SECTION 9- SUBMISSION FOR DECISION
if the petition is given due course, the Court of
Appeal may set the case for oral argument
or require the parties to submit memoranda within
a period of 15 days from notice. The case shall be
deemed submitted for decision upon the filing of
the last pleading or memorandum required by
these Rules
or by the court itself.
