THE 1997 RULES
OF CIVIL PROCEDURE
Rules 1 to 71
[Took effect on July 1, 1997, in accordance with the resolution
in Bar Matter No. 803 adopted by the Supreme Court in Baguio City on April 8,
1997]
APPEALS
[Rules 40 to 43]
APPEAL FROM MUNICIPAL TRIAL COURTS
TO THE REGIONAL TRIAL COURTS
Section 1. Where to appeal.
An appeal from a judgment or final order of a Municipal Trial
Court may be taken to the Regional Trial Court exercising jurisdiction over the
area to which the former pertains. The title of the case shall remain as it was
in the court of origin, but the party appealing the case shall be further
referred to as the appellant and the adverse party as the appellee.
Sec. 2. When
to appeal.
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 on appeal within thirty (30) days after notice of the judgment or final order.
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 on appeal within thirty (30) days after notice of the judgment or final order.
The period of appeal shall be
interrupted by a timely motion for new trial or reconsideration. No motion for
extension of time to file a motion for new trial or reconsideration shall be
allowed.
Sec. 3. How to appeal.
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.
The form and
contents of the record on appeal shall be as provided in section 6, Rule 41.
Copies of
the notice of appeal, and the record on appeal where required, shall be served
on the adverse party.
Sec. 4.
Perfection of appeal; effect thereof.
The perfection of the appeal and the effect thereof shall be
governed by the provisions of section 9, Rule 41.
Sec. 5. Appellate court docket and other lawful fees.
Within the period for taking an appeal, the appellant shall pay
to the clerk of the court which rendered the judgment or final order appealed
from the full amount of the appellate court docket and other lawful fees. Proof
of payment thereof shall be transmitted to the appellate court together with
the original record or the record on appeal, as the case may be.
Sec. 6. Duty
of the clerk of court.
Within fifteen (15) days from the perfection of the appeal, the
clerk of court or the branch clerk of court of the lower court shall transmit
the original record or the record on appeal, together with the transcripts and
exhibits, which he shall certify as complete, to the proper Regional Trial
Court. A copy of his letter of transmittal of the records to the appellate
court shall be furnished the parties.
Sec. 7.
Procedure in the Regional Trial Court.
(a) upon receipt of the complete record or the record on appeal,
the clerk of court of the Regional Trial Court shall notify the parties of such
fact.
(b) Within
fifteen (15) days from such notice, it shall be the duty of the appellant to
submit a memorandum which shall briefly discuss the errors imputed to the lower
court, a copy of which shall be furnished by him to the adverse party. Within
fifteen (15) days from receipt of the appellant’s memorandum, the appellee may
file his memorandum. Failure of the appellant to file a memorandum shall be a
ground for dismissal of the appeal.
(c) Upon the
filing of the memorandum of the appellee, or the expiration of the period to do
so, the case shall be considered submitted for decision. The Regional Trial
Court shall decide the case on the basis of the entire record of the proceedings
had in the court of origin and such memoranda as are filed.
Sec. 8.
Appeal from orders dismissing case without trial; lack of jurisdiction.
If an appeal is taken from an order of the lower court
dismissing the case without a trial on the merits, the Regional Trial Court may
affirm or reverse it, as the case may be. In case of affirmance and the ground
of dismissal is lack of jurisdiction over the subject matter, the Regional
Trial Court, if it has jurisdiction thereover, shall try the case on the merits
as if the case was originally filed with it. In case of reversal, the case
shall be remanded for further proceedings.
If the case
was tried on the merits by the lower court without jurisdiction over the
subject matter, the Regional Trial Court on appeal shall not dismiss the case
if it has original jurisdiction thereof, but shall decide the case in
accordance with the preceding section, without prejudice to the admission of
amended pleadings and additional evidence in the interest of justice.
Sec. 9.
Applicability of Rule 41.
The other provisions of Rule 41 shall apply to appeals provided
for herein insofar as they are not inconsistent with or may serve to supplement
the provisions of this Rule.
APPEAL FROM THE REGIONAL TRIAL COURTS
Section 1.
Subject of appeal.
An appeal may be taken from a judgment or final order that
completely disposes of the case, or of a particular matter therein when
declared by these Rules to be appealable.
No appeal
may be taken from:
(a) An order denying a motion for new trial or reconsideration;
(b) An order
denying a petition for relief or any similar motion seeking relief from
judgment;
(c) An
interlocutory order;
(d) An order
disallowing or dismissing an appeal;
(e) An order
denying a motion to set aside a judgment by consent, confession or compromise
on the ground of fraud, mistake or duress, or any other ground vitiating
consent;
(f) An order
of execution;
(g) A
judgment or final order for or against one or more of 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; and
(h) An order
dismissing an action without prejudice.
In all the
above instances where the judgment or final order is not appealable, the
aggrieved party may file an appropriate special civil action under Rule 65.
Sec. 2.
Modes of appeal.
(a) Ordinary appeal.- 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 the law or
these Rules so require. In such cases, the record on appeal shall be filed and
served in like manner.
(b) Petition
for review.- 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 accordance with Rule 42.
(c) Appeal
by certiorari.- 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 in accordance with Rule 45.
Sec. 3.
Period of ordinary appeal.
The appeal shall be taken within fifteen (15) days from notice
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 on appeal within
thirty (30) days from notice of the judgment or final order.
The period
of appeal shall be interrupted by a timely motion for new trial or
reconsideration. No motion for extension of time to file a motion for new trial
or reconsideration shall be allowed.
Sec. 4.
Appellate court docket and other lawful fees.
Within the period for taking an appeal, the appellant shall pay
to the clerk of the court which rendered the judgment or final order appealed
from, the full amount of the appellate court docket and other lawful fees.
Proof of payment of said fees shall be transmitted to the appellate court
together with the original record or the record on appeal.
Sec. 5.
Notice of appeal.
The notice of appeal shall indicate the parties to the appeal,
specify the judgment or final order or part thereof appealed from, specify the
court to which the appeal is being taken, and state the material dates showing
the timeliness of the appeal.
Sec. 6.
Record on appeal; form and contents thereof.
The full names of all the parties to the proceedings shall be
stated in the caption of the record on appeal and it shall include the judgment
or final order from which the appeal is taken and, in chronological order,
copies of only such pleadings, petitions, motions and all interlocutory orders
as are related to the appealed judgment or final order for the proper
understanding of the issue involved, together with such data as will show that
the appeal was perfected on time. If an issue of fact is to be raised on
appeal, the record on appeal shall include by reference all the evidence,
testimonial and documentary, taken upon the issue involved. The reference shall
specify the documentary evidence by the exhibit numbers or letters by which it
was identified when admitted or offered at the hearing, and the testimonial
evidence by the names of the corresponding witnesses. If the whole testimonial
and documentary evidence in the case is to be included, a statement to that
effect will be sufficient without mentioning the names of the witnesses or the
numbers or letters of exhibits. Every record on appeal exceeding twenty (20)
pages must contain a subject index.
Sec. 7.
Approval of record on appeal.
Upon the filing of the record on appeal for approval and if no
objection is filed by the appellee within five (5) days from receipt of a copy
thereof, the trial court may approve it as presented or upon its own motion or
at the instance of the appellee, may direct its amendment by the inclusion of
any omitted matters which are deemed essential to the determination of the
issue of law or fact involved in the appeal. If the trial court orders the
amendment of the record, the appellant, within the time limited in the order,
or such extension thereof as may be granted, or if no time is fixed by the
order within ten (10) days from receipt thereof, shall redraft the record by
including therein, in their proper chronological sequence, such additional
matters as the court may have directed him to incorporate, and shall thereupon
submit the redrafted record for approval, upon notice to the appellee, in like
manner as the original draft.
Sec. 8.
Joint record on appeal.
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.
Sec. 9.
Perfection of appeal; effect thereof.
A party’s appeal by notice of appeal is deemed perfected as to
him upon the filing of the notice of appeal in due time.
A party’s
appeal by record on appeal is deemed perfected as to him with respect to the
subject matter thereof upon the approval of the record on appeal filed in due
time.
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 time to appeal of the other parties.
In either
case, prior to the transmittal of the original record or the record on appeal,
the court may issue orders for the protection and preservation of the rights of
the parties which do not involve any matter litigated by the appeal, approve
compromises, permit appeals of indigent litigants, order execution pending
appeal in accordance with section 2 of Rule 39, and allow withdrawal of the
appeal.
Sec. 10. Duty
of clerk of court of the lower court upon perfection of appeal.
Within thirty (30) days after perfection of all the appeals in
accordance with the preceding section, it shall be the duty of the clerk of
court of the lower court:
(a) To verify the correctness of the original record or the
record on appeal, as the case may be, and to make a certification of its
correctness;
(b) To
verify the completeness of the records that will be transmitted to the
appellate court;
(c) If found
to be incomplete, to take such measures as may be required to complete the
records, availing of the authority that he or the court may exercise for this
purpose; and
(d) To
transmit the records to the appellate court.
If the
efforts to complete the records fail, he shall indicate in his letter of
transmittal the exhibits or transcripts not included in the records being
transmitted to the appellate court, the reasons for their non-transmittal, and
the steps taken or that could be taken to have them available.
The clerk of
court shall furnish the parties with copies of his letter of transmittal of the
records to the appellate court.
Sec. 11.
Transcript.
Upon the perfection of the appeal, the clerk shall immediately
direct the stenographers concerned to attach to the record of the case five (5)
copies of the transcripts of the testimonial evidence referred to in the record
on appeal. The stenographers concerned shall transcribe such testimonial
evidence and shall prepare and affix to their transcripts an index containing
the names of the witnesses and the pages wherein their testimonies are found,
and a list of the exhibits and the pages wherein each of them appears to have
been offered and admitted or rejected by the trial court. The transcripts shall
be transmitted to the clerk of the trial court who shall thereupon arrange the
same in the order in which the witnesses testified at the trial, and shall
cause the pages to be numbered consecutively.
Sec. 12.
Transmittal.
The clerk of the trial court shall transmit to the appellate
court the original record or the approved record on appeal within thirty (30)
days from the perfection of the appeal, together with the proof of payment of
the appellate court docket and other lawful fees, a certified true copy of the
minutes of the proceedings, the order of approval, the certificate of
correctness, the original documentary evidence referred to therein, and the
original and three (3) copies of the transcripts. Copies of the transcripts and
certified true copies of the documentary evidence shall remain in the lower
court for the examination of the parties.
Sec. 13.
Dismissal of appeal.
Prior to the transmittal of the original record or the record on
appeal to the appellate court, the trial court may motu proprio or on motion
dismiss the appeal for having been taken out of time.
PETITION FOR REVIEW FROM THE REGIONAL TRIAL COURTS TO THE COURT
OF APPEALS
Section 1.
How appeal taken; time for filing.
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 P500.00 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. Upon proper motion and the
payment of the full amount of the docket and other lawful fees and the deposit
for costs before the expiration of the reglementary period, the Court of Appeals
may grant an additional period of fifteen (15) days only within which to file
the petition for review. No further extension shall be granted except for the
most compelling reason and in no case to exceed fifteen (15) days.
Sec. 2. Form
and contents.
The petition shall be filed in seven (7) legible copies, with
the original copy intended for the court being indicated as such by the
petitioner, and shall (a) state the full names of the parties to the case,
without impleading the lower courts or judges thereof either as petitioners or
respondents; (b) indicate the specific material dates showing that it was filed
on time; (c) set forth concisely a statement of the matters involved, the
issues raised, the specification of errors of fact or law, or both, allegedly
committed by the Regional Trial Court, and the reasons or arguments relied upon
for the allowance of the appeal; (d) be accompanied by clearly legible
duplicate originals or true copies of the judgments or final orders of both
lower courts, certified correct by the clerk of court of the Regional Trial
Court, the requisite number of plain copies thereof and of the pleadings and
other material portions of the record as would support the allegations of the
petition.
The
petitioner shall also submit together with the petition a certification under
oath that he has not theretofore commenced any other action involving the same
issues in the Supreme Court, the Court of Appeals or different divisions
thereof, or any other tribunal or agency; if there is such other action or
proceeding, he must state the status of the same; and if he should thereafter
learn that a similar action or proceeding has been filed or is pending before
the Supreme Court, the Court of Appeals, or different divisions thereof, or any
other tribunal or agency, he undertakes to promptly inform the aforesaid courts
and other tribunal or agency thereof within five (5) days therefrom.
Sec. 3.
Effect of failure to comply with requirements.
The failure of the petitioner to comply with any of the
foregoing requirements regarding the payment of the docket and other lawful
fees, the deposit for costs, proof of service of the petition, and the contents
of and the documents which should accompany the petition shall be sufficient
ground for the dismissal thereof.
Sec. 4.
Action on the petition.
The Court of Appeals may require the respondent to file a
comment on the petition, not a motion to dismiss, within ten (10) days from
notice, or dismiss the petition if it finds the same to be patently without
merit, prosecuted manifestly for delay, or that the questions raised therein
are too unsubstantial to require consideration.
Sec. 5.
Contents of comment.
The comment of the respondent shall be filed in seven (7)
legible copies, accompanied by certified true copies of such material portions
of the record referred to therein together with other supporting papers and
shall (a) state whether or not he accepts the statement of matters involved in
the petition; (b) point out such insufficiencies or inaccuracies as he believes
exist in petitioner’s statement of matters involved but without repetition; and
(c) state the reasons why the petition should not be given due course. A copy
thereof shall be served on the petitioner.
Sec. 6. Due
course.
If upon the filing of the comment or such other pleadings as the
court may allow or require, or after the expiration of the period for the
filing thereof without such comment or pleading having been submitted, the
Court of Appeals finds prima facie that the lower court has committed an error
of fact or law that will warrant a reversal or modification of the appealed
decision, it may accordingly give due course to the petition.
Sec. 7.
Elevation of record.
Whenever the Court of Appeals deems it necessary, it may order
the clerk of court of the Regional Trial Court to elevate the original record
of the case including the oral and documentary evidence within fifteen (15)
days from notice.
Sec. 8.
Perfection of appeal; effect thereof.
(a) Upon the timely filing of a petition for review and the
payment of the corresponding docket and other lawful fees, the appeal is deemed
perfected as to the petitioner.
The Regional
Trial 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.
However,
before the Court of Appeals gives due course to the petition, the Regional
Trial Court may issue orders for the protection and preservation of the rights
of the parties which do not involve any matter litigated by the appeal, approve
compromises, permit appeals of indigent litigants, order execution pending
appeal in accordance with section 2 of Rule 39, and allow withdrawal of the
appeal.
(b) Except
in civil cases decided under the Rule on Summary Procedure, the appeal shall
stay the judgment or final order unless the Court of Appeals, the law, or these
Rules shall provide otherwise.
Sec. 9.
Submission for decision.
If the petition is given due course, the Court of Appeals may
set the case for oral argument or require the parties to submit memoranda
within a period of fifteen (15) days from notice. The case shall be deemed
submitted for decision upon the filing of the last pleading or memorandum
required by these Rules or by the court itself.
APPEALS FROM THE COURT OF TAX APPEALS
AND QUASI-JUDICIAL AGENCIES
TO THE COURT OF APPEALS
Section 1. Scope.
This Rule shall apply to appeals from judgments or final orders
of the Court of Tax Appeals and 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 Inventions Board, Insurance Commission,
Philippine Atomic Energy Commission, Board of Investments, Construction
Industry Arbitration Commission, and voluntary arbitrators authorized by law.
Sec. 2.
Cases not covered.
This Rule shall not apply to judgments or final orders issued
under the Labor Code of the Philippines
Sec. 3.
Where to appeal.
An appeal under this Rule may be taken to the Court of Appeals
within the period and in the manner herein provided, whether the appeal
involves questions of fact, of law, or mixed questions of fact and law.
Sec. 4.
Period of appeal.
The appeal shall be taken within fifteen (15) days from notice
of the award, judgment, final order or resolution, or from the date of its last
publication, if publication is required by law for its effectivity, or of the
denial of petitioner’s motion for new trial or reconsideration duly filed in
accordance with the governing law of the court or agency a quo. Only one (1)
motion for reconsideration shall be allowed. Upon proper motion and the payment
of the full amount of the docket fee before the expiration of the reglementary
period, the Court of Appeals may grant an additional period of fifteen (15)
days only within which to file the petition for review. No further extension
shall be granted except for the most compelling reason and in no case to exceed
fifteen (15) days.
Sec. 5. How
appeal taken.
Appeal shall be taken by filing a verified petition for review
in seven (7) legible copies with the Court of Appeals, with proof of service of
a copy thereof on the adverse party and on the court or agency a quo. The
original copy of the petition intended for the Court of Appeals shall be
indicated as such by the petitioner.
Upon the
filing of the petition, the petitioner shall pay to the clerk of court of the
Court of Appeals the docketing and other lawful fees and deposit the sum of
P500.00 for costs. Exemption from payment of docketing and other lawful fees
and the deposit for costs may be granted by the Court of Appeals upon a
verified motion setting forth valid grounds therefor. If the Court of Appeals
denies the motion, the petitioner shall pay the docketing and other lawful fees
and deposit for costs within fifteen (15) days from notice of the denial.
Sec. 6.
Contents of the petition.
The petition for review shall (a) state the full names of the
parties to the case, without impleading the court or agencies either as
petitioners or respondents; (b) contain a concise statement of the facts and
issues involved and the grounds relied upon for the review; (c) be accompanied
by a clearly legible duplicate original or a certified true copy of the award,
judgment, final order or resolution appealed from, together with certified true
copies of such material portions of the record referred to therein and other
supporting papers; and (d) contain a sworn certification against forum shopping
as provided in the last paragraph of section 2, Rule 42. The petition shall
state the specific material dates showing that it was filed within the period
fixed herein.
Sec. 7.
Effect of failure to comply with requirements.
The failure of the petitioner to comply with any of the
foregoing requirements regarding the payment of the docket and other lawful
fees, the deposit for costs, proof of service of the petition, and the contents
of and the documents which should accompany the petition shall be sufficient
ground for the dismissal thereof.
Sec. 8.
Action on the petition.
The Court of Appeals may require the respondent to file a
comment on the petition, not a motion to dismiss, within ten (10) days from
notice, or dismiss the petition if it finds the same to be patently without
merit, prosecuted manifestly for delay, or that the questions raised therein
are too unsubstantial to require consideration.
Sec. 9.
Contents of comment.
The comment shall be filed within ten (10) days from notice in
seven (7) legible copies and accompanied by clearly legible certified true
copies of such material portions of the record referred to therein together
with other supporting papers. The comment shall (a) point out insufficiencies
or inaccuracies in petitioner’s statement of facts and issues; and (b) state
the reasons why the petition should be denied or dismissed. A copy thereof
shall be served on the petitioner, and proof of such service shall be filed
with the Court of Appeals.
Sec. 10. Due
course.
If upon the filing of the comment or such other pleadings or
documents as may be required or allowed by the Court of Appeals or upon the
expiration of the period for the filing thereof, and on the basis of the
petition or the records the Court of Appeals finds prima facie that the court
or agency concerned has committed errors of fact or law that would warrant
reversal or modification of the award, judgment, final order or resolution
sought to be reviewed, it may give due course to the petition; otherwise, it
shall dismiss the same. The findings of fact of the court or agency concerned,
when supported by substantial evidence, shall be binding on the Court of
Appeals.
Sec. 11.
Transmittal of record.
Within fifteen (15) days from notice that the petition has been
given due course, the Court of Appeals may require the court or agency
concerned to transmit the original or a legible certified true copy of the
entire record of the proceeding under review. The record to be transmitted may
be abridged by agreement of all parties to the proceeding. The Court of Appeals
may require or permit subsequent correction of or addition to the record.
Sec. 12.
Effect of appeal.
The appeal shall not stay the award, judgment, final order or
resolution sought to be reviewed unless the Court of Appeals shall direct
otherwise upon such terms as it may deem just.
Sec. 13.
Submission for decision.
If the petition is given due course, the Court of Appeals may
set the case for oral argument or require the parties to submit memoranda
within a period of fifteen (15) days from notice. The case shall be deemed
submitted for decision upon the filing of the last pleading or memorandum
required by these Rules or by the Court of Appeals.
