Ordinary Appeal Petition for Review
How appeal is initiated Sec. 2(a) Rule 41- 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.
Appeal by Certiorari
A party desiring to appeal from a
decision of the RTC 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 RTC 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.
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. (1a, 5a)
Section 3. Docket and other
lawful fees; proof of service of
petition. — Unless he has
theretofore done so, the
petitioner shall pay the
corresponding docket and other
lawful fees to the clerk of court of
the Supreme Court and deposit
the amount of P500.00 for costs
at the time of the filing of the
petition. Proof of service of a
copy, thereof on the lower court
concerned and on the adverse
party shall be submitted together

Where to appeal
Nature of appeal
To whom appellate docket and
other lawful fees should be paid
To the court that rendered the
judgment or final order appealed
from.
The appeal is filed in the CA
where judgment is rendered by
the RTC in a civil or criminal
case in the exercise of its
original jurisdiction.
Within the period for taking an
appeal, the appellant shall pay to
the clerk of court which
rendered the judgment or final
order appealed from.
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 appeal is filed before the CA
where judgment is rendered by the
RTC in civil or criminal action in the
exercise of its appellate jurisdiction.
 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
with the petition. 
A party desiring to appeal
by certiorari from a judgment or
final order or resolution of the
Court of Appeals, the
Sandiganbayan, 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 shall raise only
questions of law which must be
distinctly set forth.
This rule shall applies only when
the decision of the RTC is in the
exercise of its original jurisdiction.
The petitioner shall pay to the
clerk of court of the Supreme
Court the docket and other lawful
fees as well as the deposit in the
amount of 500.00 for costs.
 P500.00 for costs, and furnishing the
Regional Trial Court and the adverse
party with a copy of the petition. 

Payment of appellate docket and
other lawful fees as a
requirement for the perfection of
appeal
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.
(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.
The failure of the petitioner to
comply with any of the foregoing
requirements regarding the
payment of the docket and other
lawful fees, 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.

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.
(9a, R41)

(b) Except in civil cases decided under

the Rule on Summary Procedure, the
appeal shall stay the judgment or

Name of parties The full names of all the parties
to the proceedings hall 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
final order unless the Court of
Appeals, the law, or these Rules shall
provide otherwise. (a)
state the full names of the parties to
the case, without impleading the
lower courts or judges thereof either
as petitioners or respondents
he petition shall be filed in
eighteen (18) copies, with the
original copy intended for the
court being indicated as such by
the petitioner and shall (a) state
the full name of the appealing
party as the petitioner and the
adverse party as respondent,
without impleading the lower
courts or judges thereof either as
petitioners or respondents; 
Requirement of record on appeal
Basic document to be filed in the
appellate court
Perfection of appeal as to
appellant
The full names of all the parties
to the proceedings hall 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
A verified petition for review
with the C.A.
Perfection of an appeal upon the
timely filing of the petition for
review and the payment of the
corresponding docket and other
lawful fees, the appeal is
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.
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
The appeal is perfected as to the
petitioner upon the timely filing of a
petition for review and the payment
of the corresponding docket and
other lawful
Supreme Court may require or
allow the filing of such pleadings,
briefs, memoranda or documents
as it may deem necessary within
such periods and under such
conditions as it may consider
appropriate, and impose the
corresponding sanctions in case of
non-filing or unauthorized filing of
such pleadings and documents or
non-compliance with the
conditions therefor.
The petitioner shall file a verified
petition with the supreme court
within reglementary period
raising therein only questions of
law.
The petition shall be filed in
eighteen (18) copies, with the
original copy intended for the
court being indicated as such by
the petitioner and shall (a) state
deemed perfected as to the the full name of the appealing
petitioner. party as the petitioner and the
adverse party as respondent,
without impleading the lower
courts or judges thereof either as
petitioners or respondents; (b)
indicate the material dates
showing when notice of the
judgment or final order or
resolution subject thereof was
received, when a motion for new
trial or reconsideration, if any,
was filed and when notice of the
denial thereof was received; (c)
set forth concisely a statement of
the matters involved, and the
reasons or arguments relied on
for the allowance of the petition;
(d) be accompanied by a clearly
legible duplicate original, or a
certified true copy of the
judgment or final order or
resolution certified by the clerk of
court of the court a quo and the
requisite number of plain copies
thereof, and such material
portions of the record as would
support the petition; and (e)
contain a sworn certification
against forum shopping as
provided in the last paragraph of
section 2, Rule 42. (2a)
When court whose decision is
being appealed loses jurisdiction
As to questions that may be
raised
The RTC losses 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 CA gives due
course to the petition the RTC
may issue orders for the
preservation and protection of
the rights of the parties which do
not involve any matter litigated
by the appeal.
An ordinary appeal to the CA, in
accordance with Rule 41, in
relation to Rue 44 of the Rules of
Court, if the issues raised involve
question of facts or mixed
questions of facts and law(PNB
vs Pasimio).
The RTC loses jurisdiction over the
case upon perfection of the appeals
filed in due time and the expiration of
the time to appeal of the other
parties.
Questions of facts and law or both
Petitioner may file with the
Supreme Court a verified petition
for review on certiorari. The
petition shall raise only questions
of law.
The appeal shall only raise
question of law, unless there are
exempting circumstances such as:
1. The conclusion of the CA
is grounded entirely on
speculations, surmises
and conjectures
2. The inferences is
manifestly mistaken,
absurd, or impossible.
3. The judgment is based on
misapprehension of facts
4. The findings of facts are
conflicting.
5. Grave abuse of discretion
6. The court of appeals in
making its findings went
beyond the issues of the
case and the same is
contrary to the admission
of both appellant and
appellee

How parties are referred to
The party appealing is referred
to as the appellant, the adverse
party as the appellee.
7. The findings of the CA are
contrary to that of the TC
8. The facts set forth in the
petition, as we s in the
petitioner’s main and
reply brief are not
disputed by the
respondents
The findings off act of the CA are
premised on the supposed
absence of evidence and
contradicted by the evidence on
record.
Petitioner- respondent The appeal party is the Petitioner
and the adverse party is the
respondent