TRIAL, DEMURRER TO EVIDENCE,

JUDGMENT,POST-JUDGMENT
REMEDIES, APPEAL, AND
EXECUTION
Ordinary Appeal
under Rule 40

MTC to RTC
ORDINARY APPEAL
UNDER RULE 41
Appeal from the
Regional Trial
Courts
Petition for Review under
Rule 42

RTC to CA
(in the exercise of
appellate jurisdiction)
Petition for Review under
Rule 43 – Quasi-judicial
agencies
 RULE 44
ORDINARY APPEALED
CASES
What is the duty of the clerk of court of the
Court of Appeals upon the receipt of the
original record or record on appeal and
the accompanying documents and
exhibits transmitted by the lower court
and proof payment of the docket and
other lawful fees?

He shall docket the case and notify the parties

of the same. (Sec. 4).
What shall the appellant do after receipt of
the notice of the docketing of the case?

He shall, within 10 days from receipt of the

notice in a appeals by record on appeal, file
with the clerk of court seven (7) clearly
legible copies of the approved record on
appeal, together with the proof of service of
two (2) copies upon the appellee. (Sec. 4).
 State the effect of an unauthorized
alteration, omission or addition in the
approved record on appeal.

It shall be a ground for dismissal of the

appeal. (Sec. 4).
State the procedure if the record of the case is
incomplete and the reason for the same?

The Clerk of Court shall inform the Court of

Appeals of the incompleteness of the record
and recommend necessary measures to
complete it. Then, the Court shall take
appropriate measures towards the record
within the shortest possible time. (Sec.5).
The purpose of such procedure is to avoid
delay.

Note: JRD—SP, CR, CV

Within what period should the appellant file
his brief?

The appellant shall file his brief within 45 days

from receipt of the notice of the clerk of court
that all the evidence, oral and documentary
are attached to the record. (Sec.7).
How many copies should be filed with the
court?
The appellant shall file seven (7) copies of
legibly typewritten, mimeographed or printed
brief, with proof of service of two (2) copies
upon the appellee. (Sec.7).

Note: 3 copies only and 1 receiving copy

 Within what time should the appellee file
his brief?

The appellee shall file his brief within 45 days

from receipt of the appellant’s brief. (Sec. 8).
 How many copies of the brief
should be filed?

The appellee shall file seven (7) copies of the

legibly typewritten, mimeographed or printed
brief with proof of service of two (2) copies
to the appellant. (Sec. 8).

Note: 3 copies only and 1 receiving copy

 Should the appellant desire to file his
reply brief, within what period should he
file it with the Court?

He shall file it within 20 days from receipt of

the appellee’s brief. (Sec. 9).
 In case of prohibition, mandamus, quo
warranto and habeas corpus, what shall
the parties file in lieu of briefs?

They shall file their respective memoranda

within an unextendible period of 30 days
from receipt of notice issued by the clerk of
court that all the evidence, oral and
documentary is already attached to the
record. (Sec. 10).
 What is the effect of the failure of the
appellant to file his memorandum?

The failure of the appellant to file his

memorandum within 30 days from notice
may be a ground for the dismissal of the
appeal. (Sec. 10).
 May the period to file brief be
extended?
As a rule, no, except for good and sufficient
cause and only if the motion for extension is
filled before the expiration of the time sought
to be extended. (Sec. 12).
What questions may be asked on
appeal?
The appellant may raise questions of the law
or fact that have been raised in the trial court
and which are within the issues framed by
the parties. (Sec. 15).
 RULE 45

APPEAL BY
CERTIORARI TO THE
SUPREME COURT
(1) Petition for Relief
from Judgment—Rule
38
 (2) Annulment of
Judgment—Rule 47
Click to add text
(3) Petition for Certiorari
– Rule 65
(4) Collateral Attack
 EXECUTION OF
JUDGMENT – RULE 39