Rule 41-Appeal from RTC Flashcards
No appeal may be taken therefrom on the following cases:
1) an order denying a petition for relief or any similar motion seeking relief from judgment
2) an interlocutory order
3) an order disallowing or dismissing an appeal
4) an order denying a motion to set aside judgment by consent, confession, compromise on the ground of fraud, mistake or duress, or any other ground vitiating consent
5) an order of execution
6) a judgment or final order for or against one or more several parties or in separate claims, counterclaims, cross-claims and third-party complaints, while the main case is pending, unless the court allows an appeal therefrom;
7) an order dismissing an action without prejudice.
What are the modes of Appeal?
1) ordinary appeal
2) petition for review
3) appeal by certiorari
What is the process of Ordinary appeal?
The appeal to the CA in cases decided by the RTC in the exercise of its original jurisdiction shall be takeng 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.
What is the process of filing a petition for review?
The appeal to the CA in cases decided by the RTC in the exercise of its appellate jurisdiction shall be by petition for review in accordance with Rule 42.
What is the process of appeal by certiorari?
In all cases where only questions of law are raised or involved, the appeal shall be to the SC by petition for review on certiorari in accordance with rule 45.
When is record on appeal applicable?
1) special proceedings
2) cases where the law or the rules allow multiple appeals, an appeal from the decision therein requires the filing of a notice of appeal and a record on appeal.
Where can we file the record on appeal?
The record on appeal shall likewise be filed with the court which rendered the judgment or final order appealed from, and a copy of which shall likewise be furnished to the adverse party.
What is meant by petition for review?
The remedy applies to decision rendered by the RTC in the exercise of its appellate jurisdiction.This means that the case under consideration was actually commence at, as it originated from the MTC, but the decision thereof was appealed to the RTC under rule 40 of the Rules of COurt.
What issues are resolved in appeal by certiorari?
pure questions of law
Periods to file an appeal?
1) 15 days for notice of appeal
2) 30 days for record on appeal
3) 48 hours for writ of habeas corpus and writ of habeas data
What is the reckoning point of the “fresh period rule”?
It shall be reckoned from receipt or notice of the order denying a motion for reconsideration or a motion for new trial.
Where should the appellant pay the payment of appeal and other lawful fees?
In the court which rendered the judgment.
What is a condition sine qua non for filing an ordinary appeal?
notice of appeal
In cases, where record on appeal is required, is it necessary to file a notice of appeal?
No, record on appeal is equivalent to a notice of appeal.
Records on appeal are only mandated in cases:
1) special proceedings
2) where the court renders “several” or “separate judgments under section 4 or 5, rule 36 of the rules of court, if the trial court allows the filing of multiple appeals;
3) in actions for recovery of property with accounting
4) In actions for partition with accounting
5) in special civil action for eminent domain
6) foreclosure mortgage
Section 8, Rule 41
Where both parties are appellants, they may file a joint record on appeal within the time fixed by section 3 of this rule, or that fixed by the court.
What is required for the perfection of the notice of appeal and record on appeal?
For the notice of appeal, the filing itself will deem the notice of appeal being perfected. However, in the record on appeal, approval is still required in order for such appeal to be perfected.
What is the effect of the perfection of appeal?
In appeals by notice of appeal, the court loses jurisdiction over the case upon the perfection of the appeals filed in due time and the expiration of the time to appeal of the other parties.
In appeals by record on appeal, the court loses jurisdiction only over the subject matter thereof upon the approval of the records on appeal filed in due time and the expiration of the appeal of the other parties.
What is the difference between rule 41 and rule 40?
rule 41- rtc to ca
rule 40- mtc to rtc
What is the implication of the rtc exercising its appellate jurisdiction and the rtc exercising its original jurisdiction?
Rule 41-
1) rtc-to ca (original jurisdiction from the rtc
2) payment of dockets to the court which rendered the judgment which is rtc
3)under rule 41
Rule 42
1) rtc to ca (appellate jurisdiciton
2) payment of dockets fees to the ca
3) under rule 42
In what way can the case coming from the mtc, be appealed to the rtc and the decision of the rtc is appealed to the CA by way of rule 41?
Under rule 40 section 8 the MTC may dismiss a case for want of jurisdiction. In this case, if the rtc finds that it has jurisdiction over the subject matter of the appealed case, then it will try the case as if it has an original jurisdiction. If a judgment is promulgated or reached it may appealed to the CA by way of rule 41 and not rule 42, considering that the RTC was exercising its original jurisdiction when it tried the case.
What is the coverage of the issues appealed to the CA?
questions of fact or mixed questions of fact and law
What is required when filing a record on appeal?
There must be filed a notice on appeal and a record on appeal. However, the filing of the notcie on appeal does not divest the court of jurisdiction, considering that in cases where multiple appeals is allowed, the court will only lose jurisdiction upon the approval of the record on appeal. It must be remembered that loses jurisdiction as to the subject matter only.
What is the actual process of petition for review?
MTC to RTC by way of rule 40
RTC to CA by way of rule 42
rtc must exercise its appellate jurisdiction, because if it is an exercise of original jurisdiction then it will be an appeal by way of rule 41
coverage :
1) questions of fact
2) questions of law
3) mixed questions of fact and law
