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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
The right to appeal is neither a natural right nor it is a component of due process. It is a mere statutory privilege, and may be exercised only in a manner and in accordance with the provisions of law. (Brual v. Brual, et al., G.R. No. 205451, March 7, 2022)
Appeal from Municipal Trial Courts to the Regional Trial Courts
Section 40 of the Revised Rules of Civil Procedure provides that an appeal from a judgment or final order of a Municipal Trial Court may be taken to the Regional Trial Court existing jurisdiction over the area to which the former pertains.
An appeal may be taken within fifteen (15) days after notice to the appellant of the judgment or final order appealed from. Where a record on appeal is required, the appellant shall file a notice of appeal and a record in appeal within thirty (30) days after notice of judgment or final order.
The appeal is taken by filing a notice of appeal with the court that rendered the judgment or final order appealed from. The notice of appeal shall indicate the parties to the appeal, the judgment or final order or part thereof appealed from, and state the material dates showing the timeliness of the appeal.
A record on appeal shall be required only in special proceedings and in other cases of multiple or separate appeals.
Appeal from the Regional Trial Courts
Section 41 of the Revised Rules of Civil Procedure provides that the appeal to the Court of Appeals in cases decided by the Regional Trial Court in the exercise of its original jurisdiction shall be taken by filing a notice of appeal with the court which rendered the judgment or final order appealed from and serving a copy thereof upon the adverse party. No record on appeal shall be required except in special proceedings and other cases of multiple or separate appeals where law on these Rules so require.
The appeal to the Court of Appeals in cases decided by the Regional Trial Court in the exercise of its appellate jurisdiction shall be by petition for review.
In all cases where only questions of law are raised or involved, the appeal shall be to the Supreme Court by petition for review on certiorari.
Petition for Review from the Regional Trial Courts to the Court of Appeals
A party desiring to appeal from a decision of the Regional Trial Court rendered in the exercise of its appellate jurisdiction may file a verified petition for review with the Court of Appeals, paying at the same time to the clerk of said court the corresponding docket and other lawful fees, depositing the amount of PhP500.00 for costs, and furnishing the Regional Trial Court and the adverse party with a copy of the petition. The petition shall be filed and served within fifteen (15) days from notice of the decision sought to be reviewed or of the denial of petitioner’s motion for new trial or reconsideration filed in due time after judgment.
Appeals from Quasi-Judicial Agencies to the Court of Appeals
Rule 43 of the Revised Rules of Civil Procedure provides that this Rule shall apply to appeals from awards, judgments, final orders or resolutions of or authorized by any quasi-judicial agency in the exercise of its quasi-judicial functions. Among these agencies are the Civil Service Commission, Central Board of Assessment Appeals, Securities and Exchange Commission, Office of the President, Land Registration Authority, Social Security Commission, Civil Aeronautics Board, Bureau of Patents, Trademarks and Technology Transfer, National Electrification Administration, Energy Regulatory Board, National Telecommunications Commission, Department of Agrarian Reform under Republic Act No. 6657, Government Service Insurance System, Employees Compensation Commission, Agricultural Invention Board, Insurance Commission, Philippine Atomic Energy Commission, Board of Investments, Construction Industry Arbitration Commission, and voluntary arbitrators authorized by law.
This Rule shall not apply to judgments or final orders issued under the Labor Code of the Philippines. An appeal under this Rule may be taken to the Court of Appeals within the period and in manner provided, whether the appeal involves questions of fact, of law, or mixed questions of fact and law.
Appeal by Certiorari to the Supreme Court
A party desiring to appeal by certiorari from a judgment, final order or resolution of the Court of Appeals, the Sandiganbayan, the Court of Tax Appeals, the Regional Trial Court or other courts, whenever authorized by law, may file with the Supreme Court a verified petition for review on certiorari. The petition may include an application for a writ of preliminary injunction or other provisional remedies and shall raise only questions of law, which must be distinctly set forth.
The petition shall be filed within fifteen (15) days from notice of the judgment or final order or resolution appealed from, or of the denial of the petitioner’s motion for new trial or reconsideration filed in due time after notice of the judgment. On motion duly filed and served, with full payment of the docket and other lawful fees and the deposit for costs before the expiration of the reglementary period, the Supreme Court may for justifiable reasons grant an extension of thirty (30) days only within which to file the petition.
Related Articles:
- Appeal vs. Petition for Certiorari
- Requirements to Perfect an Appeal to the National Labor Relations Commission
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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 09175772207/ 09778050020.
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