Civil Procedure – Rules 41 – 50

Rule 41  Appeal from the RTC

  1. Appeal may be taken from a judgment or final order that completely disposes of the case or of a particular matter therein.
  2. No appeal may be taken from:
  1. Order denying a motion for new trial or recon;
  2. Order denying a petition for relief or any similar motion seeking relief from judgment;
  3. Interlocutory order;
  4. Order disallowing or dismissing an appeal;
  5. Order denying a motion to set aside a judgment by consent, confession, compromise on the ground of fraud, mistake, or duress, or any other ground vitiating consent;
  6. Order of execution;

à Not appealable because execution is only the result of the judgment.  If order of execution is not in accord with the dispositive portion, remedy is certiorari under Rule 65.

  1. Judgment or final order for or against one or more of several parties or in separate claims, while the main case is pending, unless the court allows an appeal therefrom;
  2. Order dismissing an action without prejudice;

à In all these cases, aggrieved party may file an appropriate civil action under Rule 65.

  1. Ordinary appeal from RTC (in the exercise of original jurisdiction) to CA is by filing notice of appeal with the RTC within 15 days from notice of its judgment.  Record on appeal required only for special proceedings and where multiple appeals allowed filed within 30 days.
  2. Motion for extension of time to file a motion for new trial or reconsideration is prohibited.
  3. Contents of Notice on appeal:
  1. Names of the parties to the appeal;
  2. Specify judgment or final order or part thereof appealed from;
  3. Court to which the appeal is being taken;
  4. Material dates showing timeliness of appeal;

6.  Contents of Record on appeal:

  1. Full names of all parties to the proceedings shall be stated in the caption;
  2. Include judgment or final order from which appeal taken;
  3. In chronological order, copies of only such pleadings, petitions, etc. and all interlocutory orders as are related to the appealed judgment;
  4. Data showing that appeal perfected in time – material data rule;
  5. If an issue of fact is to be raised, include by reference all the evidence, oral or documentary, taken upon the issues involved.

7.  Appeal from decision of RTC in appellate jurisdiction is by petition for review filed with CA.

8.  Where only questions of law are raised, by petition for review on certiorari with SC.

9.  Notice of Appeal and Record of Appeal distinguished:

Notice of Appeal Record of Appeal
Party’s appeal by notice of appeal deemed perfected as to him upon the filing of the notice of appeal in due time Deemed perfected as to appellant with respect to the subject matter upon the approval of the record on appeal filed in due time
Court loses jurisdiction over case upon perfection of the appeals filed in due time and expiration of time to appeal of other parties Court loses jurisdiction only over subject matter upon approval of records on appeal filed in due time and expiration of the time to appeal of other parties.


10. Failure to pay appellate docket fees within the reglamentary period is ground for dismissal of appeal.

11. General Rule: An ordinary appeal stays the execution of a judgment

Exceptions:        a.            Decisions of quasi-judicial body appealed to the CA

b.   Executions pending appeal

c.   Cases covered by Summary Procedure

Rule 42  Petition for Review from the RTC to the CA

  1. 1.    Form and contents of petition for review (from RTC to CA)

In 7 legible copies:

  1. Full names of parties to case, without impleading the lower courts or judges thereof;
  2. Indicate specific material dates showing it was filed on time;
  3. Concise statement of matters involved, issues raised, specification of errors of fact or law, or both allegedly committed by the RTC, and the reasons or arguments relied upon for the allowance of the appeal;
  4. Accompanied by clearly legible duplicate originals or true copies of the judgments or final order of both MTC and RTC;
  5. Certification under oath of non-forum shopping.
  1. 2.    Contents of comment

In 7 legible copies, accompanied by certified true copies of material portions of record and other supporting papers:

  1. State whether or not appellee accepts the statement of matters involved in the petition;
  2. Point out such insufficiencies or inaccuracies as he believes exists in petitioner’s statement of matters;
  3. State reasons why petition should not be give due course.

3.  CA may:

  1. Require respondent to file a comment; or
  2. Dismiss the petition if it finds:
  1. Patently without merit
  2. Prosecuted manifestly for delay
  3. Questions raised are to insubstantial to require consideration

Rule 43  Appeals from the CTA and Quasi-Judicial Agencies to the CA

  1. 1.    Appeals from judgments and final orders of the Court of Tax Appeals and quasi-judicial agencies in exercise of quasi-judicial functions (unless otherwise provided by law and the Labor Code [NLRC decisions]) shall be by petition for review to the CA, to be taken within 15 days from notice of award or judgment or from notice of the denial of the motion for reconsideration. Only 1 Motion for reconsideration allowed
  2. 2.    Quasi-judicial agencies covered:
  1. Civil Service Commission;
  2. Central Board of Assessment Appeals;
  3. Securities and Exchange Commission;
  4. Office of the President;
  5. Land Registration Authority;
  6. Social Security Commission;
  7. Civil Aeronautics Board;
  8. Bureau of Patents, Trademarks and Technology Transfer;
  9. National Electrification Administration;
  10. Energy Regulatory Board;
  11. National Telecommunications Commission;
  12. Department of Agrarian Reform under RA No. 6657;
  13. GSIS;
  14. Employees Compensation Commission;
  15. Agricultural Inventions Board;
  16. Insurance Commission;
  17. Construction Industry Arbitration Commission;
  18. Voluntary arbitrators


à  Fabian vs. Desierto – Appeals from decisions of the Office of the Ombudsman in administrative disciplinary cases should be taken to the CA under Rule 43.

Æ   According to A.M. no. 99-2-02-SC (promulgated February 9, 1999), any appeal by way of petition for review from a decision, final resolution or order of the Ombudsman, or special civil action relative to such decision, filed with the SC after March 15, 1999 shall no longer be referred to the CA, but shall be dismissed.

Rule 45  Appeal by Certiorari to the Supreme Court

1.  Question of Law –  exists when doubt or difference arises as to what the law is, based on a certain state of facts

Question of Fact  – exists when doubt or difference arises as to the truth or the falsehood of alleged facts

2.  Findings of fact of the CA may be reviewed by the SC on appeal by certiorari when:

  1. The conclusion is a finding grounded entirely on speculations, surmises, or conjectures;
  2. The inference made is manifestly mistaken, absurd, or impossible;
  3. There is grave abuse of discretion;
  4. The judgment is based on misapprehension of facts;
  5. Findings of fact of trial court and CA are conflicting;
  6. The CA, in making its findings, went beyond the issues of the case and the same is contrary to the admissions made;
  7. CA manifestly overlooked certain relevant facts not disputed by the parties and which, if properly considered, would justify a different conclusion.

3.  Certiorari as mode of appeal:

From judgment or final order of the CA, Sandiganbayan, RTC on pure questions of law, or other courts whenever authorized by law, by filing a petition for review on certiorari with the SC within 15 days from notice of judgment.

4.  Rule 45 and Rule 65 distinguished:

Rule 45 Rule 65
No need for Motion for Recon Motion for Recon generally required
Relates to final judgments Applies to interlocutory orders rendered in excess/lack of jurisdiction
An appeal Not an appeal in the strict sense
15 days from notice of judgment 60 days from notice of judgment

à Kho vs. Camacho:  An RTC judge has no right to disapprove a notice of appeal on the ground that the issues raised involve a pure question of law, and that the mode of appeal is erroneous.  That is the prerogative of the CA, not the RTC judge.  A notice of appeal need not be approved by the judge, unlike a record on appeal.

Rule 47  Annulment of Judgments or Final Orders and Resolutions

  1. Grounds for annulment of judgment of RTC in civil cases:
    1. Petition for annulment available only if ordinary remedies of new trial, appeal, petition for relief or other appropriate remedies no longer available through no fault of the Petitioner.
  1. Extrinsic fraud – not available as a ground if availed of earlier in a motion for new trial or petition for relief
  2. Lack of jurisdiction.

3.  Periods:

  1. For extrinsic fraud – four years from discovery;
  2. Lack of jurisdiction – must be filed before action barred by laches.

4.  Effects of judgment of annulment – gives the CA authority to order the trial court on motion to try the case if the ground for annulment is extrinsic fraud, but not if it is lack of jurisdiction.

à Prescriptive period for refiling the original action is suspended unless the extrinsic fraud is attributable to the plaintiff in the original action.

Rule 50  Dismissal of Appeal

  1. 1.    Grounds for dismissal of appeal by the CA:
  1. Failure of the record on appeal to show on its face that the appeal was taken within the reglamentary period;
  2. Failure to file the notice of appeal or record on appeal within the period;
  3. Failure of the appellant to pay the docket and other lawful fees;
  4. Unauthorized alterations, omissions, or additions in the approved record on appeal;
  5. Failure of the appellant to serve and file the required number of copies of his brief or memorandum within the time provided;
  6. Absence of specific assignment of errors in appellants brief or page references to the record;
  7. Failure of the appellant to take necessary steps for the completion or correction of the record within the time limited by the order;
  8. Failure of appellant to appear at the preliminary conference or to comply with orders, circulars, or directives of the court without justifiable cause
  9. Judgment or order appealed from is not appealable.



Remedial Law (Civil Procedure) Memory Aid

Ateneo Central Bar Operations 2001


About Magz

First of all, I am not a lawyer. I'm a graduate of AB Political Science and went to the College of Law but stopped going to law school for some reasons. I'm a passionate teacher who has been teaching English to speakers of other languages and a person who likes writing and blogging. I lost some important files and software when my computer broke down so the reason I created this website is to preserve the notes, reviewers and digests I collected when I was at the law school and at the same time, I want to help out law students who do not have enough time to go and read books in the library.

Posted on December 19, 2011, in Civil Procedure and tagged . Bookmark the permalink. Leave a comment.

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

%d bloggers like this: