RULE 40 Appeal From MTC To RTC

RULE 40 Appeal from MTC to RTC
An appeal may be taken within

1. fifteen (15) days after notice of judgment
2. within thirty (30) days after notice where a record on appeal is required
NOTE: Interrupted by MR/MNT
Content of the Appeal

1. Parties in the Appeal
2. Judgment or part appealed from
3. Material dates showing timeliness of the Appeal
Perfection of Appeal
1. Pay docket and other lawful fees to the COC which rendered the J/FO within the period of Appeal
2. Proof of payment shall be transmitted to the RTC with the record of Appeal
Pr00..ocedure in the RTC

1. Upon receipt of record of appeal, the COC shall notify the parties of such fact
2. Within (15) days from notice, appellant to submit a memorandum discussing errors imputed in the
lower court and furnish by him copy to adverse party (failure to file is a ground to dismiss)
3. Within (15) days from receipt of the appellant's memorandum, appellee may file his memorandum
4. Upon filing of the memo or the expiration of the period to do so, the case is submitted for decision
Appeal from orders dismissing case without trial due to lack of jurisdiction.
 The RTC may affirm or reverse it. If affirmed and the ground is lack of jurisdiction, the RTC if it has
jurisdiction shall try the case on the merits as if originally filed with it.
RULE 41 Appeal from The Regional Trial Courts
Non-Appealable
1. An order denying a motion for new trial or reconsideration
2. An order denying a petition for relief or any similar motion seeking relief from judgment;
3. An interlocutory order;
4. An order of execution;
5. An order disallowing or dismissing an appeal;
6. An order dismissing an action without prejudice.
7. 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;
8. 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
Mode of Appeal
1. Ordinary Appeal
The appeal to the Court of Appeals in cases decided by the RTC in the exercise of its original jurisdiction
Ground: Question of fact or Mixed question of fact and law
2. Petition for Review

The appeal to the Court of Appeals in cases decided by RTC in the exercise of its appellate jurisdiction shall be by
petition for review in accordance with Rule 42.
Ground: Question of fact, of law, or mixed questions of fact and law
3. Appeal by certiorari
The appeal shall be to the Supreme Court by petition for review on certiorari in accordance with the Rule 45.
Ground: Only questions of law are raised or involved
Period of ordinary appeal

within fifteen (15) days from notice of the judgment
within thirty (30) days where a record on appeal is required
Interrupted by a timely motion for new trial or reconsideration
Record on Appeal
4. Foreclosure of mortgage
5. Judgment for recovery of property or partition
6. Order of expropriation in eminent domain proceeding
7. Special proceedings and in other cases of multiple or separate appeals
8. Judgment for or against one or more several defendants leaving the action to proceed against the
others
Perfection
upon the filing of the notice of appeal in due time
upon the approval of the record on appeal filed in due time.
Prior to the transmittal of the original record or the record on appeal, the court may issue orders for:
1. the protection and preservation of the rights of the parties which do not involve any matter litigated by
the appeal,
2. approve compromises,
3. permit appeals of indigent litigants,
4. order execution pending appeal in accordance with 2 of Rule 39, and
5. allow withdrawal of the appeal
6. motu propio or on motion dismiss the appeal for having been taken out of time…
Duty of clerk of court of the lower court upon perfection of appeal

Within thirty (30) days after perfection the COC shall:
1. verify the correctness of the original record or the record on appeal to aid in making certification of its
correctness;
2. verify the completeness of the records that will be, transmitted to the appellate court;
3. If found to be incomplete, to take such measures as may be required to complete the records, availing
of the authority that he or the court may exercise for this purpose; and
4. To transmit the records to the appellate court
RULE 42

RULE 40 Appeal From MTC To RTC

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RULE 40 Appeal From MTC To RTC

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RULE 40 Appeal from MTC to RTC

An appeal may be taken within

Content of the Appeal

Pr00..ocedure in the RTC

RULE 41 Appeal from The Regional Trial Courts

2. Petition for Review

Period of ordinary appeal

Interrupted by a timely motion for new trial or reconsideration

Duty of clerk of court of the lower court upon perfection of appeal

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