RULE 41
Appeal From
The Regional
Trial Courts
Section 1. Subject of appeal
An appeal may be taken from a judgment or final order that
completely disposes of the case, or of a particular matter
therein when declared by these Rules to be appealable.
No appeal may be taken from:
a. An order denying a motion for new trial or
reconsideration;
b. An order denying a petition for relief or any similar motion
seeking relief from judgment;
c. An interlocutory order;
d. An order disallowing or dismissing an appeal;
e. An order denying a motion to set aside a judgment by
consent, confession or compromise on the ground of
fraud, mistake or duress, or any other ground vitiating
consent;
f. An order of execution;
g. A judgment or final order for or against one or more of
several parties or in separate claims, counterclaims, cross-
claims and third-party complaints, while the main case is
pending, unless the court allows an appeal therefrom; and
h. An order dismissing an action without prejudice.
SECTION 01
In all the above instances where the judgment or final order is
not appealable, the aggrieved party may file an appropriate
special civil action under Rule 65. (n)
Ordinary appeal MODES OF APPEAL FROM THE REGIONAL TRIAL TO
The appeal to the Court of Appeals in COURT OF APPEALS
cases decided by the Regional Trial Court
in the exercise of its original jurisdiction
shall be taken by filing a notice of appeal A. By writ of error (ordinary appeal) – where the
with the court which rendered the
judgment or final order appealed from appealed judgement was rendered in a civil
and serving a copy thereof upon the
adverse party. No record on appeal shall
or criminal action by the Regional Trial Court
be required except in special proceedings in the exercise of its jurisdiction; or
and other cases of multiple or separate
appeals where law on these Rules so
require. In such cases, the record on B. By petition for review – where the judgement
appeal shall be filed and served in like
manner. was rendered by the Regional Trial Court in
the exercise of its appellate jurisdiction (Leyte
Petition for review Section 2- v. Former Tenth Division of the Court of Appeals,
Modes of
The appeal to the Court of Appeals in appeal
G.R. No. 154462, January 19, 2011)
cases decided by the Regional Trial Court
in the exercise of its appellate jurisdiction
shall be by petition for review in
accordance with Rule 42.
Appeal by
In all cases where only questions of
certiorari
law are raised or involved, the appeal
SECTION 02
SECTION 02
shall be to the Supreme Court by
petition for review on certiorari in
accordance with the Rule 45. (n)
MODES OF APPEAL FROM THE REGIONAL TRIAL Section 3. Period of ordinary appeal
TO THE SUPREME COURT
The appeal shall be taken within fifteen (15) days
1) This mode (appeal by certiorari or petition from notice of the judgment or final order
for review on certiorari under rule 45) is appealed from. Where a record on appeal is
brought to the Supreme Court from the required, the appellant shall file a notice of
decision of the Regional Trial Court in the appeal and a record on appeal within thirty (30)
exercise of its jurisdiction and only on days from notice of the judgment or final order.
questions of law. (Five Star Marketing Corp. v.
Booc, 535 SCRA 28) 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.
(n)
In habeas corpus case, the appeal shall be taken
within 48 hours from the notice of judgement or
final order
SECTION 03
SECTION 02
Section 4. Appellate court docket and other Section 5. Notice of appeal.
lawful fees
The notice of appeal shall indicate the parties to
the appeal, specify the judgment or final order or
Within the period for taking an appeal, the
part thereof appealed from, specify the court to
appellant shall pay to the clerk of the court
which the appeal is being taken, and state the
which rendered the judgment or final order
material dates showing the timeliness of the
appealed from, the full amount of the appellate
appeal. (4a)
court docket and other lawful fees. Proof of
payment of said fees shall be transmitted to the
appellate court together with the original record
or the record on appeal. (n)
SECTION 04
SECTION 05
Section 6. Record on appeal; form and contents Section 7. Approval of record on appeal
thereof
Upon the filing of the record on appeal for approval
and if no objection is filed by the appellee within five
The full names of all the parties to the proceedings shall be (5) days from receipt of a copy thereof, the trial court
stated in the caption of the record on appeal and it shall
may approve it as presented or upon its own motion or
include the judgment or final order from which the appeal
at the instance of the appellee, may direct its
is taken and, in chronological order, copies of only such
pleadings, petitions, motions and all interlocutory orders amendment by the inclusion of any omitted matters
as are related to the appealed judgment or final order for which are deemed essential to the determination of
the proper understanding of the issue involved, together the issue of law or fact involved in the appeal. If the
with such data as will show that the appeal was perfected trial court orders the amendment of the record, the
on time. If an issue of fact is to be raised on appeal, the appellant, within the time limited in the order, or such
record on appeal shall include by reference all the extension thereof as may be granted, or if no time is
evidence, testimonial and documentary, taken upon the fixed by the order within ten (10) days from receipt
issue involved. The reference shall specify the thereof, shall redraft the record by including therein, in
documentary evidence by the exhibit numbers or letters by their proper chronological sequence, such additional
which it was identified when admitted or offered at the matters as the court may have directed him to
hearing, and the testimonial evidence by the names of the incorporate, and shall thereupon submit the redrafted
corresponding witnesses. If the whole testimonial and record for approval, upon notice to the appellee, in like
documentary evidence in the case is to be included, a manner as the original draft. (7a)
statement to that effect will be sufficient without
SECTION 06
SECTION 07
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. (6a)
Section 8. Joint record on appeal 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.
Where both parties are appellants, they may file a joint
record on appeal within the time fixed by section 3 of this A party's appeal by record on appeal is deemed perfected as to
Rule, or that fixed by the court. (8a) 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
SECTION 08
SECTION 09
execution pending appeal in accordance with 2 of Rule 39, and
allow withdrawal of the appeal. (9a)
Section 10. Duty of clerk of court of the lower Section 11. Transcript
court upon perfection of appeal
Upon the perfection of the appeal, the clerk shall
Within thirty (30) days after perfection of all the appeals in immediately direct the stenographers concerned to
accordance with the preceding section, it shall be the duty of
the clerk of court of the lower court:
attach to the record of the case five (5) copies of the
transcripts of the testimonial evidence referred to in
(a) To verify the correctness of the original record or the record the record on appeal. The stenographers concerned
on appeal, as the case may be aid to make certification of its shall transcribe such testimonial evidence and shall
correctness; prepare and affix to their transcripts an index
containing the names of the witnesses and the pages
(b) To verify the completeness of the records that will be, wherein their testimonies are found, and a list of the
transmitted to the appellate court;
exhibits and the pages wherein each of them appears
(c) If found to be incomplete, to take such measures as may be to have been offered and admitted or rejected by the
required to complete the records, availing of the authority that trial court. The transcripts shall be transmitted to the
he or the court may exercise for this purpose; and clerk of the trial court who shall thereupon arrange the
same in the order in which the witnesses testified at
(d) To transmit the records to the appellate court. the trial, and shall cause the pages to be numbered
consecutively. (12a)
If the efforts to complete the records fail, he shall indicate in
his letter of transmittal the exhibits or transcripts not included
in the records being transmitted to the appellate court, the
SECTION 10
SECTION 11
reasons for their non-transmittal, and the steps taken or that
could be taken to have them available.
The clerk of court shall furnish the parties with copies of his
letter of transmittal of the records to the appellate court. (10a)
Section 12. Transmittal Section 13. Dismissal of appeal
Prior to the transmittal of the original record or the
The clerk of the trial court shall transmit to the record on appeal to the appellate court, the trial court
appellate court the original record or the approved may motu propio or on motion dismiss the appeal for
record on appeal within thirty (30) days from the having been taken out of time. (14a)
perfection of the appeal, together with the proof of
payment of the appellate court docket and other lawful
fees, a certified true copy of the minutes of the
proceedings, the order of approval, the certificate of
correctness, the original documentary evidence
referred to therein, and the original and three (3)
copies of the transcripts. Copies of the transcripts and
certified true copies of the documentary evidence shall
remain in the lower court for the examination of the
parties. (11a)
SECTION 12
SECTION 13
THANK YOU
