Modes of Appeal (Period, Perfection, Issues to be raised) - Rule 40 > onwards
Where to appeal > order of a Municipal Court Ø to RTC (exercising jurisdiction over the MTC)
When to appeal > 15 days after notice to the appellant; 30 days (if record on appeal is required)
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3 Modes from the decision of the RTC: a) Ordinary Appeal/appeal by writ of error – questions of fact/mixed with questions of law; original jurisdiction b) Petition for Review – brought to CA, mixed questions of law or fact; appellate jurisdiction [Rule 42] c) Petition for review on certiorari/appeal by certiorari to the SC – only questions of law
Notes: Dismissal of appeal under Rule 41 · RTC > CA – raising only questions of law shall be dismissed; (issues purely of law not being reviewable by said court) [Sec. 2, Rule 50] · Appeal by notice of appeal, instead of petition for review from the appellate judgment of a RTC, shall also be dismissed.
Rule 41 on Ordinary Appeal (e.g. specific performance) · Judgment appealed from RTC > Rule 41 · Loses in MTC, loses in RTC, proceeds to CA? Rule 42 is the proper remedy.
When to appeal? Within 15 days from notice of the judgment or final order appealed from. Record on appeal? File a notice of appeal + 30 days from J/FO. Habeas corpus cases, appeal shall be taken within 48 hours.
How? a) Filing notice of appeal (to the court which rendered the J/FO appealed from; b) Serving a copy to adverse party c) Full payment of docket fees d) After perfection of all the appeals, clerk of court verifications > transmittal of the records to appellate court; e) Clerk of ourt of the CA shall docket the case; notifies parties; f)
Within 45 days, appellant shall file a brief with proof of service upon the appellee; vice versa Within 20 days, Receipt of the appellee’s brief, file a reply brief (not covered in main brief) No extension, otherwise provided good and sufficient cause. Note: briefs are not filed with petition for certiorari, prohibition, mandamus, quo warranto, and habeas corpus cases; The parties hall file respective memoranda (within 30 days)
Residual Jurisdiction · Authority of a trial court: issue orders; · For protection of the rights of the parties · Involving any matter not litigated by the appeal, approve compromises, permit appeals of indigent litigants, order execution pending appeal (rule 39, sec. 2), and allow withdrawal of the appeal (prior transmittal, and/or perfected, inclu. Record on appeal). · Also in cases of petition for review under Rule 42, CA gives due course to the petition. Concept: available at a stage in which the Court is normally deemed to have lost jurisdiction over the case or the subject matter involved in the appeal. No residual jurisdiction if no appeal or petition has been filed.
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Yalong v. People 187174
The statement above argues that a petition for review cannot be treated as a notice of appeal, despite containing similar information. The two modes of appeal have distinct procedures and requirements. A notice of appeal is filed with the RTC that rendered the decision, while a petition for review is filed with the CA. Additionally, a notice of appeal is required for RTC decisions in its original jurisdiction, while a petition for review is required for decisions in its appellate jurisdiction. Therefore, the filing of a petition for review cannot be equated to the filing of a notice of appeal.
PRC v. Alo 214435
The statement above argues that the PRC (Professional Regulation Commission) may have the power to review decisions made by the Board, but this doesn't mean the CA (Court of Appeals) can't also review these decisions. There's no law saying the PRC has the only right to review Board decisions, and the CA can still review them through a petition.
Rule 43 of the Rules of Court agrees with this idea. It says the CA has the power to review all final decisions made by lower courts and other government agencies, including the Board.
NPC v. Province of Pampanga 230648
Under RA No. 9282,{expanding the jurisdiction of the CTA) [25] approved on March 30, 2004, the CTA was elevated to the same level and equal rank as the Court of Appeals. Upon its effectivity on April 23, 2004,[26] decisions or rulings of the CTA En Banc are now appealable to the Supreme Court via a petition for review on certiorari under Rule 45 of the Rules of Court.[27] Furthermore, Section 1, Rule 16, of the Revised Rules of the Court of Tax Appeals[28] (RRCTA) provides that a party adversely affected by a decision or ruling of the CTA En Banc may appeal by filing with the Supreme Court a verified petition for review under Rule 45 of the Rules of Court.
