RULE 41

S.1. Subject of Appeal

Where can appeal be taken from?

From a judgement or final order that completely disposes of the case, or of a particular matter therein when required by these Rules to be appealable.

NO APPEAL MAY BE TAKEN FROM:

  • An order denying petition for relief or any similar motion seeking relief from judgment.

  • IO

  • An order disallowing or dismissing an appeal

  • An order denying a motion to set aside a judgment by consent, confession, or compromise on the ground fraud, mistake, or duress or any other ground

  • OE

  • A judgment or final order for or against one or more 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.

  • An order dismissing an action without prejudice

S2. Modes of Appeal

A. Ordinary Appeal

RTC judgment in its original jurisdiction —> CA

Method:

  1. File a notice of appeal to the court which rendered the judgment or FO appealed from

  2. Serve a copy of the NOA upon the adverse party

  • ROA manner only in specpro and when the case involves multiple or separate appeals

B. Petition for Review

RTC in its AJ (Appellate Jurisdiction) to the CA

What shall apply? Rule 42

C. Appeal by Certiorari

ALL CASES ; ONLY QUESTIONS OF LAW is RAISED ON APPEAL shall be elevated to the SC through REVIEW ON CERTIORARI

What shall apply? Rule 45

S3. Period of Ordinary Appeal

GR: 15 days from notice of the judgment or final order appealed from

XPN: ROA required = the appellants required to file a NOA and ROA within 30 days from notice of judgment or FO

Special Period of Appeal from Habeas Corpus cases: w/n 48 hours from notice of judgment or FO appealed from

MNT and MR = interrupts the period of appeal; no motion for an extension of MNT or MR

S4. Appellate Court Docket and Other Lawful Fees

See: S5, R40 (same)

S5. Notice of Appeal

FORMALITIES OF A NOA

  1. Indicate the parties to the appeal

  2. Specify the judgment or FO or part thereof appealed from

  3. Specify the court to which appeal shall be taken from

  4. State the material showing the timeliness of the appeal

S6. Record on Appeal; form and contents thereof

See: S3,R40

S7. Approval of ROA

Trial Court Powers — [After filing of the ROA + no objection is filed by the appellee within 5 days from receipt of a copy thereof]

  1. Approve the ROA as presented

  2. Direct its amendment ( Two ways: at its own instance OR upon motion of its appellee) to include of any omitted matters which are deemed essential to the determination of issue of law or fact involved appealed from.

Process:

Order to Amend by TC - Period to Amend: Time specified in the order OR ( if not specified) within 10 days from receipt of the order to amend —>

Appellant to: Redraft of the record Manner of redrafting: By including in the ROA additional matters as the court may have directed him to incorporate in their proper chronological sequence —>

Notice to the appellee of the submission of the redrafted ROA —>

Submit the redrafted record for approval as the original draft

S8. Joint Record on Appeal

Both parties are appellants = File a joint ROA - Period: S3, R41 (15, 30, 48h) OR as fixed by court

S9. Perfection of Appeal; Effect Thereof

See: S9, R40

S10. Duty of clerk of court of the lower court upon perfection

Period: w/n 30 days from the perfection of appeal, the COC is required to:

A. Verify and certify the correctness of the OR or ROA AND the completeness of the records that will be transmitted to the appellate court

  1. To verify the correctness of the original record or the ROA, as the case may be —> make a certification of its correctness

  2. To verify the completeness of the records that will be transmitted to the appellate court

  3. (Incomplete ROA) Take necessary measures as required to complete the records
    How? Avail of the authority that he or the court may exercise for this purpose

    Two duties of the COC in case of failure to complete the record:

    The COC is required to indicate in his letter of transmittal the ff:
    1) the exhibits or transcripts not included in the records being transmitted
    2) the reasons for their nontransmittal to the AC
    3) steps taken or that could be taken to have them available

  4. Transmit the records to the appellate court

B. Furnish the parties the parties with the copies of the LTR to the AC

S11. Transcript

Period: Perfection of Appeal

—> Clerk of Court: the COC shall immediately direct the stenographers concerned to attach the record of the case 5 COPIES OF THE TRANSCRIPTS OF THE TESTIMONIAL EVIDENCE REFERRED TO IN THE ROA

—> Concerned Stenographers: x

  1. Transcribe such TE

  2. Prepare and affix to the transcripts:
    A. an index containing the names of the witnesses
    B. the pages wherein their testimonies are found
    C. pages wherein each of them appears to have been offered and admitted or rejected by TC

—> Transmission of the transcripts to the clerk of the trial

—> COC:
1. Arrange the trans in the order in which the witnesses testified at the trial

2. Cause the pages of the trans to be numbered consecutively

S12. Transmittal

w/n 30 days from the perfection of appeal

—> the COC: transmit the record to the appellate court the ff:
1. original record OR the approved record on appeal

2. the proof of payment of the appellate court docket and other lawful fees

3. certified true copy of the minutes of the proceedings

4. order of approval

5. certificate of correctness

6. original documentary evidence referred to therein

7. the original and three copies of the documentary evidence

Copies of the transcripts AND CTC of the documentary evidence = remain in the lower court; purpose: for the examination of the parties

S13. Dismissal of Appeal

Req for the TC dismiss an appeal motu pro prio OR upon motion ?

  1. dismissal must be prior the transmittal of the original record or the record on appeal to the appellate court

  2. grounds: appeal having been taken out of time OR non-payment of docket and other lawful fees within reglementary period