Rule 42 Et Al
Rule 42 Et Al
Due course.—If 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.
Cases not covered.— Rule 43 does not apply to judgments or final orders
issued under the Labor Code of the Philippines – i.e., Labor Arbiter, NLRC
En Banc/Division.
Due course.—If the Court of Appeals finds prima facie that the court or
agency concerned has committed errors of fact or law that would warrant
reversal or modification of the award, judgment, final order or resolution
sought to be reviewed, it may give due course to the petition; otherwise, it
shall dismiss the same.
Effect of appeal—The appeal shall not stay the award, judgment, final order
of resolution sought to be reviewed unless the Court of Appeals shall direct
otherwise upon such terms as it may deem just.
Submission for decision.—If the petition is given due course, the Court of
Appeals may set the case for oral argument or require the parties to submit
memoranda within a period of fifteen (15) days from notice.
Appellant’s brief.— Forty-five (45) days to file from receipt of notice from
CA. Seven (7) copies. With proof of service of two (2) copies thereof upon
the appellee.
Extension of time for filing briefs.—Extension of time for the filing of briefs
will not be allowed, except for good and sufficient cause, and only if the
motion for extension is filed before the expiration of the time sought to be
extended.
1. Court of Appeals,
2. the Sandiganbayan,
3. Regional Trial Court
4. or other courts whenever authorized by law
Time for filing; extension.—The petition shall be filed within fifteen (15)
days from notice of the judgment or final order or resolution appealed from,
or of the denial of the petitioner’s motion for new trial or reconsideration
filed in due time after notice of the judgment.
On motion duly filed and served, with full payment of the docket and other
lawful fees and the deposit for costs before the expiration of the
reglementary period, the Supreme Court may for justifiable reasons grant an
extension of thirty (30) days only within which to file the petition.
1. Full name of the appealing party as the petitioner and the adverse party
as respondent, without impleading the lower courts or judges thereof either
as petitioners or respondents;
2. Material dates showing when notice of the judgment or final order or
resolution subject thereof was received, when a motion for new trial or
reconsideration, if any, was filed and when notice of the denial thereof was
received;
3. Statement of the matters involved,
4. Reasons or Arguments relied on for the allowance of the petition;
5. Accompanied by:
>a clearly legible duplicate original, or a certified true copy of the judgment
or final order or resolution certified by the clerk of court of the court a quo
and the requisite number of plain copies thereof,
> and such material portions of the record as would support the petition;
> payment of the docket and other lawful fees, deposit for costs,
> proof of service of the petition,
> the contents of petition
> the documents which should accompany the petition
> The Supreme Court may on its own initiative deny the petition on the
ground that
(a) When the court a quo has decided a question of substance, not
theretofore determined by the Supreme Court, or has decided it in a way
probably not in accord with law or with the applicable decisions of the
Supreme Court; or
(b) When the court a quo has so far departed from the accepted and
usual course of judicial proceedings, or so far sanctioned such departure by a
lower court, as to call for an exercise of the power of supervision.
1. Supreme Court may require or allow the filing of such pleadings, briefs,
memoranda or documents as it may deem necessary within such periods and
under such conditions as it may consider appropriate.
2. It may impose the corresponding sanctions in case of non-filing or
unauthorized filing of such pleadings and documents or non-compliance
with the conditions thereof.
Due course; elevation of records.—If the petition is given due course, the
Supreme Court may require the elevation of the complete record of the case
or specified parts thereof within fifteen (15) days from notice.
1. Full names and actual addresses of all the petitioners and respondents,
2. Concise statement of the matters involved,
3. Factual background of the case,
4. Grounds relied upon for the relief prayed for.
5. In actions filed under Rule 65:
>material dates showing when notice of the judgment or final order or
resolution subject thereof was received, when a motion for new trial or
reconsideration, if any, was filed and when notice of the denial thereof was
received.
10. Verification
11. AFS Certif.
12. Pay the corresponding docket and other lawful fees to the clerk of court
and deposit the amount of P500.00 for costs at the time of the filing of the
petition.
(a) Failure of the record on appeal to show on its face that the appeal
was taken within the period fixed by these Rules;
(b) Failure to file the notice of appeal or the record on appeal within
the period prescribed by these Rules;
(c) Failure of the appellant to pay the docket and other lawful fees as
provided in section 4 of Rule 41;
(d) Unauthorized alterations, omissions or additions in the approved
record on appeal as provided in section 4 of Rule 44;
(e) Failure of the appellant to serve and file the required number of
copies of his brief or memorandum within the time provided by these Rules;
(f) Absence of specific assignment of errors in the appellant’s brief,
or of page references to the record as required in section 13, paragraphs (a),
(c), (d) and (f) of Rule 44;
(g) Failure of the appellant to take the necessary steps for the
correction or completion of the record within the time limited by the court in
its order;
(h) Failure of the appellant to appear at the preliminary conference
under Rule 48 or to comply with orders, circulars, or directives of the court
without justifiable cause; and
(i) The fact that order or judgment appealed from is not
appealable.
1. An appeal under Rule 41 taken from the Regional Trial Court to the
Court of Appeals raising only questions of law shall be dismissed, issues
purely of law not being reviewable by said court.
Ø Use Rule 45 – petition for review on certiorari directly to the SC. – pure
questions of law.
2. An appeal by notice of appeal instead of by petition for review from the
appellate judgment of a Regional Trial Court shall be dismissed.
3. An appeal erroneously taken to the Court of Appeals shall not be
transferred to the appropriate court but shall be dismissed outright.
A. Original Cases
B. Appealed Cases