I.

Primary Considerations
a. What is an Appeal?
i. It is a remedy wherein the appellant prays for the appellate Court to reverse or
modify the judgement
b. Is appeal a matter of right? –
i. No. It is a mere statutory privilege. (Cortal vs Larrazabal G.R. 199107,2017).
Since it is a mere privilege, it must be availed of in accordance with the law or
the rules. When the appellant fails to comply with the matters as to form,
substance, and the procedure of the appeal, the appeal will be denied.
c. Question of Law vs Question of Fact
i. Question of Fact
1. Refers to
a. the determination of whether there is truth or falsity of facts
alleged in the pleadings.
b. the determination of whether a fact actually exists.
c. whether the trial court was correct in appreciating the facts as
presented by the trial court
ii. Question of law
1. Refers to
a. Determination of whether the court committed a mistake in the
application of law on the given facts
b. Whether the trial court committed an error in applying the
provisions of the law
c. Whether the court committed an error as to the stipulation
between the parties
d. Rule on Appeal in Civil Cases vs Criminal Cases
i. Civil Cases
1. The appellate court only has jurisdiction to resolve issues that were
raised on appeal.
2. The appellate court will not resolve issues that were raised for the first
time on appeal.
3. If the appellant fails to file memorandum within 15 day period, it is a
ground to dismiss the appeal.
ii. Criminal Cases
1. The whole case is thrown for review. This is because what is at stake is
the liberty of the accused. The court therefore has jurisdiction to resolve
issues that were not raised on appeal and those which are raised for the
first time on appeal.
2. If appellant accused fails to file his memorandum on appeal, it is NOT a
ground to dismiss. The appellate court will still have to review the case
II. Modes of Appeal
a. Ordinary Appeal (Rule 40, 41)
i. Rule 40 - Appeal from FLC to the RTC
ii. Rule 41 – Appeal from the RTC to the CA
 b. Petition for Review (Rule 42, 43)
i. Rule 42 – Appeal from RTC in the exercise of its appellate jurisdiction
ii. Rule 43 – From QJA to CA
c. Appeal by Certiorari (Rule 45)
i. Rule 45 – Appeal from CA to SC
1. What is filed is a Petition for Review on Certiorari. The Mode of Appeal
is still called Appeal by Certiorari
III. Rule 40 - Appeals from FLC to the RTC
a. What is the Mode of Appeal
i. Ordinary Appeal (Rule 40)
b. What will be filed?
i. Notice of appeal/ and Record of appeal
c. Where will the Notice of appeal be filed?
i. MTC
d. When will the Notice of appeal be filed?
i. Within 15 days from receipt of the judgement of the FLC
e. What else must the appellant do aside from filing the notice of appeal
i. Pay the appeal fees within 15 days from receipt of the judgement of the FLC
f. When will the MTC give due course to the notice of appeal?
i. If the notice of appeal was filed within the 15 day reglementary period
g. When is a Record of Appeal required?
i. Record of Appeal
1. Is required in cases subject to multiple appeals and special proceedings
h. What is next after the appeal is perfected?
i. The branch clerk will have 15 days to transmit the entire records of the case to
the RTC
i. When the appeal is perfected and the records are transmitted, the FLC loses its
jurisdiction. The appellate jurisdiction of the RTC comes in.
j. Once received, the branch clerk of the RTC will issue an order to the parties that the
records have been elevated to the RTC. The appellant will have 15 days to file his
memorandum on appeal. Appellee will have the same period from receipt of the
memorandum of the appellant to file his/her memorandum on appeal
k. What is the consequence if the memorandum is not filed?
i. Appellant
1. Appeal will be dismissed
ii. Appellee
1. The RTC decides the appeal based on the memorandum of the appellant
l. What kind of jurisdiction does the RTC have?
i. Appellate Jurisdiction
m. What are the issues that the RTC may resolve on appeal?
i. Question of fact
ii. Question of law
iii. Mixed Question of fact and law
n. Where do you appeal from the RTC exercising appellate jurisdiction?
 i. Appeal to the CA via petition for review (Rule 42)
IV. Rule 42 - Appeal from RTC in exercise of Appellate Jurisdiction to CA
a. What is filed?
i. Petition for Review
b. What is the period to appeal?
i. 15 days reckoned from receipt or notice of the judgement of the RTC. If an MR
or Motion for New Trial was filed, a 15 day Fresh Period (Neypes Rule, Neypes vs
CA, GR 141524, 2005) would be reckoned receipt of Notice of the order denying
the motion for MR unless the MR or Motion for New Trial was pro forma.
1. When is an MR or Motion for New Trial pro forma?
a. It was a 2nd MR
b. Non-compliance with Rule 37
i. Riano: In the cases where a motion for reconsideration
was held to be pro forma, the same was so held
because of any of the following reasons: (a) it was a
second motion for reconsideration. (b) it did not comply
with the rule that the motion must specify the findings
and conclusions alleged to be contrary to law or not
supported by the evidence, (e) it failed to substantiate
the alleged errors, (d) it merely alleged that the decision
in question was contrary to law, or (e) the adverse party
was not given notice thereof.
c. Where is the Petition for Review filed?
i. In the CA
d. What else must the appellant do aside from filing the petition for review?
i. Pay the appeal fees in the CA within the period to appeal
e. What will the appellant comply with as to matters of form?
i. The petition must be verified in accordance with Rule 7, Sec 4
ii. It must be appended with a Certification Against Forum Shopping
iii. It must contain an affidavit of service
iv. Payment of docket fees
v. Petition for review must be in 7 legible copies. The original must be indicated as
such
vi. It must be appended to the Certified True Copy of the judgement or order of the
RTC sought to be appealed
vii. It must contain the material dates (Material Date Rule)
1. When the petitioner received the copy of the judgement of the RTC
2. Copy of the order denying the MR or Motion for New Trial (If applicable)
viii. Comply with the Efficient Use of Paper Rule
ix. Must contain the MCLE Compliance Certificate
f. What will the CA do if the appeal does not comply with matters of form?
i. Dismiss the petition for review
g. What are the issues that may be resolved by the CA?
i. Questions of fact
 ii. Question Law
iii. Mixed
h. Where do you appeal from the CA exercising appellate jurisdiction?
i. Appeal to the SC via appeal by certiorari (Rule 45).
V. Rule 45 - SC in exercise of discretionary appellate jurisdiction
a. What is filed?
i. Petition for Review on Certiorari
b. What is the period to appeal?
i. 15 days
c. What will the appellant comply with as to matters of form?
i. The petition must be verified in accordance with Rule 7, Sec 4
ii. It must be appended with a Certification Against Forum Shopping
iii. Pay the appeal fees in the SC within the period to appeal
iv. Petition for review must be in 18 legible copies. The original must be indicated
as such
v. It must be appended to the Original or Certified true Copy of the Decision,
Resolution or the Order of the CA sought to be appealed or the Judgement of
the CA sought to be reviewed
vi. It must contain an affidavit of service
vii. It must contain the material dates (Material Date Rule)
viii. Comply with the Efficient Use of Paper Rule
ix. Must contain the MCLE Compliance Certificate
d. What is the possible ruling on the Appeal
i. Give Due Course
1. If the petition is complete as to form and substance
ii. Not Give Due Course
e. Assuming the petition is sufficient in form and substance may the SC still dismiss the
petition?
i. Yes. If the SC finds that there is no substantial ground to warrant review of the
decision of the CA
f. What are the issues that may be resolved by the SC?
i. Pure Questions of Law
ii. **Exception: Question of Fact (there are more)
1. When there is conflicting findings of fact between the trial court and the
appellate court
2. When the SC finds that the findings of fact of the trial court or appellate
court were based on mere conjecture or guesswork or speculation
3. When the SC finds that there was GAD on the part of the trial court
4. The trial court committed error in the appreciation of facts
5. Violation of due process as in when a party was not given an
opportunity to present evidence
6. The inference made is manifestly mistaken, absurd, or impossible
7. The Findings of fact are conclusions without citation of specific evidence
on which they are based
 8. The facts set forth in the petition, as well as in the petitioner’s main and
reply briefs, are not disputed by the respondents
9. The findings of fact of the CA are premised on supposed absence of
evidence and contradicted by evidence on record
iii. If SC rendered judgement, may MR still be filed?
1. Yes
VI. Rule 41 - Appeal from RTC in exercise of Original Jurisdiction to CA
a. What is the Mode of Appeal
i. Ordinary Appeal (Rule 41)
b. What will be filed?
i. Notice of Appeal/ and Record on Appeal
c. When is it filed
i. Within 15 days from notice of the judgement or final order appealed from
d. Where is it filed?
i. RTC
e. What else must be done?
i. Pay the appeal fees within the appeal period
f. What happens when the appeal is perfected
i. The branch clerk shall elevate the records within 30 days to the CA
g. What happens to the jurisdiction of the RTC?
i. Lost
h. (1:06:00)Once the CA receives the entire records, and the records are complete the CA
will require the appellant to file the appellant’s brief within 45 days from receipt of the
order of the CA. The appellee will then have 20 days from receipt of the appellant’s brief
to file the appellee’s brief
i. What are the issues that the CA may resolve?
i. Questions of fact
ii. Questions of Law
iii. Mixed
j. Where do you appeal from the CA exercising appellate jurisdiction?
i. Appeal to the SC via appeal by certiorari (Rule 45).
VII. Appeals from QJA to CA (Rule 43)
a. What is the Mode of Appeal
i. Petition for Review in the CA
b. QJAs Excluded
i. Note that while the rule includes CTA, this is not applicable anymore because
they are co-equal bodies with the CA
1. From decisions from the BIR, BOC, DFA, DTI, Department of Agriculture,
Board of Assessment and Tax Appeals, RTC, one appels to the CTA which
decides via a division. From CTA decision one may appeal to the CTA en
banc. From the CTA en banc, one appeals to the SC via Rule 45.
ii. NLRC (there is no mode of appeal, but a mode of review)
1. The Labor Code does not provide a Mode of Appeal from the NLRC, but
under the LC, Labor Arbiters are co-equal with the RTCs. From the LAs,
 you appeal withing 10 days to the NLRC. From the NLRC, there is no
Mode of Appeal, but there is a Mode of Review. The Rule that governs
the Mode of Review is Rule 65 (St. Martin Funeral Homes vs NLRC, G.R.
130866, 1998); a Special Civil Action of Petition for Certiorari to the CA is
filed. Note that an MR must be filed in the NLRC before a Petition for
Certiorari is filed because MR is an available remedy. From CA, the
Mode of Appeal is Rule 45 to the SC.
iii. COA and COMELEC (As for CSC, Rule 43 applies)
1. Rule 64 governs when it comes to appeals from the COA and COMELEC.
What is actually filed is a Petition for Certiorari under Rule 65. The
period to appeal, however, is 30 days under Rule 64. The other Rules of
procedure under Rule 65 applies.
iv. OMBUDSMAN in the exercise of its administrative powers on disciplinary
matters
1. From the OMBUDSMAN, one appeals to the CA via Rule 65(Fabian vs
Desierto, G.R. 129742, 1998). From CA, the Mode of Appeal is Rule 45 to
the SC.
c. What will be filed
i. Petition for review
d. Where to file?
i. CA
e. When to file?
i. 15 days from receipt of judgement, order or resolution from QJA
f. Where to file the appeal fees?
i. CA
g. What are the matters as to form and substance? (Same as Rule 42)
i. The petition must be verified in accordance with Rule 7, Sec 4
ii. It must be appended with a Certification Against Forum Shopping
iii. It must contain an affidavit of service
iv. Payment of docket fees
v. Petition for review must be in 7 legible copies. The original must be indicated as
such
vi. It must be appended to the Certified True Copy of the judgement or resolution
of the QJA
vii. It must contain the material dates (Material Date Rule)
viii. Comply with the Efficient Use of Paper Rule
ix. Must contain the MCLE Compliance Certificate
h. Where do you appeal from the CA exercising appellate jurisdiction?
i. Appeal to the SC via appeal by certiorari (Rule 45).
i. What’s the difference between Rule 42 and Rule 43?
i. Rule 42
1. Petition for review from the RTC in the exercise of its appellate
jurisdiction to CA
 2. Appeal to the CA will stay the judgement subject to discretionary
execution pending appeal pursuant to Rule 39, Sec 2
ii. Rule 43
1. Petition for review from QJA to CA
2. Appeal to the CA SHALL NOT stay the judgement. The judgement will be
immediately executory
VIII. Direct appeal from the RTC to the SC (Rule 45) (See also V.)
a. What issues may be resolved?
i. Pure Questions of Law
b. What is the possible ruling on the Appeal
i. Give Due Course
1. If the petition is complete as to form and substance
ii. Not Give Due Course
IX. Other
a. Rule 45 vs Rule 65
i. Rule 45
1. Is a Mode of Appeal to the SC
2. The issues that can be raised are pure questions of law subject to
exceptions
3. The reglementary period is 15 days
ii. Rule 65
1. Is an Independent Special Civil Action
2. It is a Mode of Review
3. The grounds are that the tribunal, court, person or officer exercising
ministerial, judicial or quasi-judicial
a. acted in excess of jurisdiction
b. acted without jurisdiction
c. acted with GAD amounting to lack or excess of jurisdiction
4. The reglementary period is 60 days from notice of the judgement,
resolution or final order
5. There must not be an available appeal or plain, speedy or adequate
remedy
b. What is the effect of a wrong mode of appeal to the SC?
i. Rule 56-b provides that the SC may deny or dismiss the appeal
X. Rule 47 – Petition for Annulment of Judgement
a. Basic Principles
i. Is a petition seeking to nullify the judgement of the RTC and the MTCs
ii. Is an equitable remedy
iii. If the judgement to be annulled is by the RTC, the CA has jurisdiction. If the
judgement to be annulled Is by the FLC, the RTC has jurisdiction
iv. The procedure shall be the same as in Annulment of Judgement by the RTC for
the decisions of the FLCs
v. The CA has original jurisdiction to annul the orders of the RTC
b. What are the grounds?
 i. Lack of Jurisdiction over the subject matter or person of the defendant
ii. Extrinsic Fraud
iii. Denial of Due Process (this ground is not under Rule 47, but is found in
jurisprudence)
c. When may a petition for annulment be filed?
i. After the judgement to be annulled has become final. If the ground is extrinsic
fraud, it must be filed within 4 years from entry of judgement. Regardless of the
ground, the petitioner must also not be estopped by laches.
d. Why is this an equitable remedy?
i. It is availed of once judgement has already become final
ii. Petitioner is saying that because of extrinsic fraud or circumstances not of his
own fault, he was notable to avail of the other remedies against judgement (e.g.
MR, New Trial, Appeal, Petition for Relief
e. What will be filed?
i. A verified petition
f. How will the respondent be notified
i. He will be served with an Answer? (33:30) Same procedure as an ordinary civil
action
g. The Court may dismiss the petition outright if:
i. It does not comply with the requirements as to form:
1. Verification
2. If the ground is extrinsic fraud, the petition must be accompanied by an
affidavit of merit
3. If the ground is lack of jurisdiction or denial of due process he must
allege the facts in the petition
4. Must be accompanied by a Certification Against Forum Shopping
5. Payment of correct docket fees
h. What happens to the prescriptive period of the action if the judgement is annulled by
the Court
i. The prescriptive period is tolled by the filing of the first complaint, and thus the
petitioner will have the remaining period to refile the case
XI. Rule 46 – Procedure that governs Cases filed with the CA in the exercise of its Original
Jurisdiction (Including Petition for Annulment of the Decision of the RTC)
XII. Rule 48-55 - Procedure that governs Cases filed with the CA in the exercise of its Appellate
Jurisdiction
a. IRCA – Internal Rules of Procedure in the CA – The Rules found here are much more
detailed thatn in Rules 48-55
XIII. Rule 56 – Procedure in the SC
a. Part A – Original Jurisdiction
i. Certiorari, Prohibition Mandamuss, Quo Warranto, Cases Involving
Ambassadors
b. Part B – Appellate Jurisdiction