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procedure appeal

Date post: 11-Nov-2015
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ppt procedure appeal
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Rules 40 – 56 Appeals
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  • Rules 40 56 Appeals

  • Appeal from the RTC to the CA(3) Modes of appeal from the decision of the RTC

    Ordinary appealPetition for reviewPetition for review on certiorari or appeal by certiorari to the SC

  • When to appeal (ordinary appeal)15 days after notice to the appellant of the judgment or final order appealed from.Notice of appeal and record on appeal w/ in 30 days where a on appeal is required.In habeas corpus cases (48 hours)Period shall be interrupted by a timely MNT or MR.

  • Petition for Review from the RTC to the CAWhen to appeal

    The appeal shall be made w/in 15 days from notice of the decision sought to be reviewed or of the denial of petitioners motion for new trial or reconsideration.

    The court may grant an additional period of 15days only provided the extension is sought.

  • Appeals form the CTA & Quasi-judicial agencies to the CARule 43 shall apply to appeals from judgments or final orders of the CTA and from awards, judgments, final orders or resolutions of or authorized by any quasi-judicial agency in the exercise of its quasi-judicial functions.

    This rule shall not apply to judgments or final orders issued under the Labor Code of the Philippines.

  • Appeal by Certiorari to the Supreme CourtAppeal by certiorari to the SC, AKA petition for review on certiorari applies in the ff cases;

    RTC - questions of law / cases exercise of original jurisdiction.CA questions of lawSandiganbayan questions of lawDecision or ruling of CTAWrit of amparo not only questions of law but also questions of fact or bothWrite of Habeas data - not only questions of law but also questions of fact or both

    Under rule 45 to both civil and criminal cases, except in criminal cases where the penalty imposed is death, reclusion perpetua or life imprisonment.

  • When to appealWithin 15 days from the notice of the judgment, final order or resolution appealed from verified complaintOr within 15 days from notice of the denial of the petitioners MNT / MR filed in due timeThe SC may grant an extension of 30 days only provided:There is a motion for extension of time duly filed and servedThere is full payment of costs1 & 2 made before the expiration of the reglementary period.


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