RULE 42 - PetRev from RTC to the CA
S1. How appeal taken; time for filing
Appeal from decision of RTC in its AJ =
Ang alin beh? Pag ang gusto mong iappeal ay judgment or FO ng RTC pag ano ang jurisdiction nga? pag in the exercise of appellate jurisdiction ang CA at RTC
Requirements
File a verified petition for review to the CA
Pay at the same time the docket fees and other lawful fees
Deposit 500 pesos for costs
Furnish the RTC and the adverse party a copy of the petition
Period for filing and serving:
w/n 15 days from notice of decision sought to be reviewed OR
w/n 15 days from notice of the denial of the petitioner’s motion for NT or reconsideration filed in due time after judgment
Req. for the 15-day Extension to File the PetRev
Must be before the expiration of the reglementary period
Proper motion
Payment of docket fees and other lawful fees
Deposits for costs
GR: No more extension shall be granted after availing the 15-day period.
XPN: Extension may be allowed for the most compelling reason and in no case shall exceed 15 days.
S2. Form and Contents
FORMALITIES OF A PETREV
Must be filed in 7 legible copies (OG copy —> the court indicated by the appellant)
state the full names of the parties of the case (the lower courts or judges shall not be impleaded as either appellant or appellee)
indicate the specific material dates showing that the petition was filed on time
set forth concisely statement of the ff:
i. the matters involved
ii. the issues raised
iii. the specification of errors of fact or law or both “allegedly” committed by the RTC
iv. the reasons or arguments relied upon for the allowance of the appealaccompanies by the following documents:
i. clearly legible duplicate originals OR true copies of the judgments or final order of both lower courts (which must be certified correct by the clerk of court of the RTC)
ii. the requisite number of plain copies thereof
iii. pleadings and other material portions of the record as would support allegations of the petition
Additional duty of the petitioner along with the filing of a verified petrev:
A. No other action involving the same issue:
A certification that he has not commenced any other action involving the same issues in the SC, CA, or different divisions thereof, or any other tribunal or agency
B. “Learned” that a similar action is filed or is pending before the aforementioned courts
An undertaking to promptly inform the aforesaid courts and other tribunal or agency
Period: w/n 5 days from the learning of such
S3. Effect of Failure to Comply with Requirements
Failure to comply with the ff reqs = Dismissal of the Appeal
payment of docket and other lawful fees
deposit of costs
proof of service of petition
contents of (S2,R42)
documents to accompany the petition
S4. Action on the Petition
CA’s possible actions on the petition
Require the respondent TO FILE A COMMENT ON THE PETREV OR
Period: w/n 10 days from noticeDismiss the petition on the ff grounds:
A. The petition is patently without merits
B. The petition is prosecuted manifestly for delay
C. The questions therein are too unsubstantial to require consideration