c.

Data or information indicating that the appeal was filed on time

d. If an issue of fact is to be raised, then there must be included references to the documentary
evidences or exhibits taken on the issue to specify the documentary evidence by their number, or
by a letter.

 If it is designated by letter then that means that is evidence for the plaintiff.
 if it is designated by number then that means it is evidence for the defendant.

If you have already included the entirety of the evidence, then you simply state on your record on
appeal that “the entire evidence is already included.”

e. If your record on appeal is more than 20 pages, you need a subject index.

So those are the requirements for a record on appeal.

PERFECTION
I. Filing in due time
 Normally, if appeal is by notice of appeal, the appeal is perfected upon the filing of the notice
of appeal in due time.
 A record on appeal is perfected on the other hand, upon approval of the record on appeal filed
in due time.

Pag file mo ng notice of appeal mo and you are within the 15 days, then your appeal is deemed
perfected. Pag ka record on appeal ang mode mo, you have to file a record on appeal within the 30
day period but it is not perfected upon your filing of your record on appeal. It will be perfected
upon the court’s approval of the record on appeal which should have been filed in due time.
Meaning, within the 30 day period. So that is when so far as you’re concerned, you are the
appellant, that your appeal is deemed perfected.

Of course it goes without saying that you need to pay the appellate docket fees (ADF). You pay
the appellate docket fees to the same court that rendered a judgment that you are appealing. But in
this instance under Rule 40, if you omit to pay the ADF, it may not necessarily be fatal to your
appeal. Unlike in other rules where the failure to pay the ADF is ground for dismissal. It’s also a
ground for dismissal under Rule 40 but it is discretionary upon the court. In other words the court
may, in the exercise of discretion, allow you to pay or belatedly pay your ADF.

II. Approval of record on appeal to file in due time

Perfection has something to do with the jurisdiction of the court because the perfection of the
appeal is the signal that the court now, meaning the trial court, is beginning to lose its jurisdiction.

This is significant because if you’re going to ask something from the court, you must know
which court you need to go to. Do you still need to go to the trial court? Or do you now have to go to
the appellate court? Yun yung significance ng perfection. Kase pag na perfect na yung appeal, yun
ngayon ang signal na, mawawala na yung jurisdiction ng court.
 o When will it now lose jurisdiction?

It will lose jurisdiction upon expiration of the period to appeal of the others or the other
parties. The court loses jurisdiction upon perfection of the appeal and the expiration of the period
given to the other parties to take an appeal. When that happens, the court is said to have lost
jurisdiction.

Illustrate:

Let’s say, the defendant-appellant received notice of the judgment on April 1. So he has 15
days within which he can interpose an appeal. So he files an appeal on April 8. The plaintiff on the
other hand, received this copy on April 2. So that means that the plaintiff has up to the 17th to
appeal if he is minded to appeal.

Q: So on the basis of this illustration, when is the court said to be without jurisdiction already?

A: Upon the perfection of the appeal and the expiration of the period for the taking of an appeal by the
other parties.

So pag file in defendant-apellant ng appeal on April 8, so nag umpisa na ang loss of jurisdiction.
Mawawala siya talaga upon expiration of the period for the taking of an appeal by the plaintiff
which is on April 17. That means now, come the 18th, the court does not have jurisdiction anymore.
BUT that is still going to be qualified because the court, despite the loss of jurisdiction, still has what
is known as RESIDUAL JURISDICTION.

Residual jurisdiction is what is known as, retain jurisdiction or for specific purposes only
subsequent to the perfection of an appeal, but prior to the transmittal of the records to the
appellate court.
- Because it is the transmittal where the court absolutely would no longer have any
jurisdiction. Pag trinansmit na, wala na siyang jurisdiction talaga.

If it has residual jurisdiction, meron siyang 5 POWERS:

1. They can issue orders for the protection and preservation of the rights of the parties not
involving any matter litigated by the appeal.

So if it wants to protect or preserve the rights of the parties, it can do so as long as it will not
infringe on the resolution of the appeal. In other words, if A and B or plaintiff or defendant are
contesting ownership of a particular piece of property, the court can issue an order to preserve the
property BUT not issue any order that will favor one over the other because by doing that, the court
is now infringing on what needs to be resolved by the appellate court.

2. It can still approve a compromise agreement

3. It can permit the appeal of an indigent litigant
4. It can order execution pending appeal
 When we discuss Rule 39, there are certain situations where, even if the judgment is not yet
final, the court can order execution. That is what is meant by execution pending appeal.

5. It can order or allow the withdrawal of an appeal

So those are the five things which the court can do as long as it still has residual jurisdiction.

 When the records are now transmitted to the RTC, the RTC now should send out a notice to
the appellant that the records are already with it. Contained in that notice is also a directive
for the appellant to file his memorandum briefly discussing the errors imputed to the lower
court.
 Once the appellant files his memorandum, furnishing a copy to the appellee, the appellee is
required to file his appellees memorandum within a light period of 15 days. After which, the
case is submitted for resolution
 If the appellant does not file a memorandum, then that is a ground for the dismissal for the
appeal. That is how the RTC will resolve the appeal.

Generally speaking, the RTC will resolve it by requiring the appellant to file a memorandum within
15 days from receipt of an order, which the appellant must now furnish to the appellee, who is now
given a light period of 15 days to file its own memorandum, after which the case is submitted for
resolution. Pag di nag file ang appellant, the case is to be dismissed. That is ground for the dismissal
of an appeal.

SECTION 8 OF RULE 40

Section 8 of Rule 40 says that: When an appeal is taken, from an order of the lower court dismissing
the case without trial on the merits, the RTC can affirm or reverse as the case may be.

Pag nag appeal, ng judgment of the MTC dismissing the case without trial on the merits, the RTC can
affirm it or reverse it.

 If the RTC will affirm it, and the ground for dismissal is lack of jurisdiction over the SM of
the case, the RTC if it has jurisdiction, shall try the case on the merits as if it was originally
filed with it.
 In case of a reversal, the RTC, will remand the case back for further proceeding

Sec. 8 of Rule 40 applies when there is a judgment that dismissed the case without trial. So what
can the court do? It can affirm or it can reverse.

Let us say, the case was dismissed under Rule 17 because the plaintiff failed to prosecute his action
for unreasonable length of time. So dismissed, without trial. di nga sila nag presenta ng evidence eh
so, walang trial. Aakyat ngayon siya sa…kase bat siya aakyat? Because of the court does not say
otherwise, that dismissal is with prejudice so the only remedy is appeal. The plaintiffappeals. That’s
a judgment of dismissal without trial. The RTC can affirm or or can reverse as the case maybe. So
sabi niya, talagang kasalanan mo, i-affirm niya. Pag sinabi naman niyang walang atang basis ang
MTC, i-reverse niya.
Section 8 of Rule 40 also says: in case it is affirmed, meaning, the RTC is affirming the dismissal and
the ground is lack of jurisdiction. In other words, the RTC is saying: yes, MTC, you do not have
jurisdiction. What the RTC should do if it has jurisdiction, is to try the case as if it was originally filed
with it. Kaya if ang jurisdiction ay pag sa RTC, example:

Recovery of real property with an assessed value of P18,000- that is within the jurisdiction of the
MTC. Now let us say that instead of 18k, it is P25,000.

So the MTC will now render a judgment of dismissal without trial because it has no jurisdiction. So
ti will noe be appealed to the RTC. When the RTC takes a look at it and decides, yes the RTC does
not have jurisdiction in so far as it is concerned, it is the RTC that has jurisdiction, the RTC must try
the case as if it was originally files with it. That is if it has jurisdiction. Pwede din naman kase na
wala siyang jurisdiction. Meaning, it maybe for example, jurisdiction is with the DARAB 42:42