RULE 42 Petition For Review From The Regional Trial Courts To The Court of Appeals

RULE 42
PETITION FOR REVIEW FROM THE REGIONAL TRIAL COURTS TO THE COURT OF APPEALS
Section 1. How appeal taken; time for filing.
A party desiring to appeal from a decision of the Regional Trial Court rendered in the exercise of its appellate jurisdiction
may file a verified petition for review with the Court of Appeals, paying at the same time to the clerk of said court the
corresponding docket and other lawful fees, depositing the amount of P500.00 for costs, and furnishing the Regional
Trial Court and the adverse party with a copy of the petition. The petition shall be filed and served within fifteen (15)
days from notice of the decision sought to be reviewed or of the denial of petitioner’s motion for new trial or
reconsideration filed in due time after judgment. Upon 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, the Court of Appeals
may grant an additional period of fifteen (15) days only within which to file the petition for review. No further extension
shall be granted except for the most compelling reason and in no case to exceed fifteen (15) days.
Sec. 2. Form and contents.
The petition shall be filed in seven (7) 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 Regional Trial Court, 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 Regional Trial Court, the requisite number of
plain copies thereof and of the pleadings and other material portions of the record as would support the allegations of
the petition.
The petitioner shall also submit together with the petition a certification under oath that he has not theretofore
commenced any other action involving the same issues in the Supreme Court, the Court of Appeals or different divisions
thereof, or any other tribunal or agency; if there is such other action or proceeding, he must state the status of the
same; and if he should thereafter learn that a similar action or proceeding has been filed or is pending before the
Supreme Court, the Court of Appeals, or different divisions thereof, or any other tribunal or agency, he undertakes to
promptly inform the aforesaid courts and other tribunal or agency thereof within five (5) days therefrom.
Sec. 3. Effect of failure to comply with requirements.
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.
Sec. 4. Action on the petition.
The Court of Appeals may require the respondent to file a comment on the petition, not a motion to dismiss, within ten
(10) days from notice, or dismiss the petition if it finds the same to be patently without merit, prosecuted manifestly for
delay, or that the questions raised therein are too unsubstantial to require consideration.
Sec. 5. Contents of comment.
The comment of the respondent shall be filed in seven (7) 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 whether 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. A copy thereof shall be served on the petitioner.
Sec. 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 filing 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.
Sec. 7. Elevation of record.
Whenever the Court of Appeals deems it necessary, it may order the clerk of court of the Regional Trial Court to elevate
the original record of the case including the oral and documentary evidence within fifteen (15) days from notice.
Sec. 8. Perfection of appeal; effect thereof.
(a) Upon the timely 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 Regional Trial 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.
However, before the Court of Appeals gives due course to the petition, the Regional Trial 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 execution pending appeal in accordance with section 2 of Rule
39, and allow withdrawal of the appeal.
(b) Except in civil cases decided under the Rule on Summary Procedure, the appeal shall stay the judgment or final order
unless the Court of Appeals, the law, or these Rules shall provide otherwise.
Sec. 9. 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. 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.

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RULE 42

Section 1. How appeal taken; time for filing.

Sec. 2. Form and contents.

Sec. 3. Effect of failure to comply with requirements.

Sec. 4. Action on the petition.

Sec. 5. Contents of comment.

Sec. 6. Due course.

Sec. 7. Elevation of record.

Sec. 8. Perfection of appeal; effect thereof.

Sec. 9. Submission for decision.

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