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    Rule 40 Rules of Court and Differentiations

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    Jozele Dalupang
    1. An appeal from an MTC to an RTC must be filed within 15 days of receiving notice of the judgment or final order. If a record of appeal is required, the deadline is 30 days. 2. To perfect the appeal, the appellant must file a notice of appeal with the lower court and serve it to the adverse party. The appellant must also pay the required fees to the appellate court within 15 days. 3. If the appeal is based on lack of jurisdiction, and the RTC affirms the dismissal, the RTC shall try the case on the merits as if originally filed with it.

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    Rule 40 Rules of Court and Differentiations

    Uploaded by

    Jozele Dalupang
    124 views2 pages
    1. An appeal from an MTC to an RTC must be filed within 15 days of receiving notice of the judgment or final order. If a record of appeal is required, the deadline is 30 days. 2. To perfect the appeal, the appellant must file a notice of appeal with the lower court and serve it to the adverse party. The appellant must also pay the required fees to the appellate court within 15 days. 3. If the appeal is based on lack of jurisdiction, and the RTC affirms the dismissal, the RTC shall try the case on the merits as if originally filed with it.

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    Rule 40 and important differentiation

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    Rule 40 rules of court and Differentiations

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    1. An appeal from an MTC to an RTC must be filed within 15 days of receiving notice of the judgment or final order. If a record of appeal is required, the deadline is 30 days. 2. To perfect the appeal, the appellant must file a notice of appeal with the lower court and serve it to the adverse party. The appellant must also pay the required fees to the appellate court within 15 days. 3. If the appeal is based on lack of jurisdiction, and the RTC affirms the dismissal, the RTC shall try the case on the merits as if originally filed with it.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    124 views2 pages

    Rule 40 Rules of Court and Differentiations

    Uploaded by

    Jozele Dalupang
    1. An appeal from an MTC to an RTC must be filed within 15 days of receiving notice of the judgment or final order. If a record of appeal is required, the deadline is 30 days. 2. To perfect the appeal, the appellant must file a notice of appeal with the lower court and serve it to the adverse party. The appellant must also pay the required fees to the appellate court within 15 days. 3. If the appeal is based on lack of jurisdiction, and the RTC affirms the dismissal, the RTC shall try the case on the merits as if originally filed with it.

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    RULE 40: APPEAL FROM MTC TO RTC HOW:

    Where: taken to RTC exercising serving copy within the period proof of payment
    filing a notice of
    jurisdiction over the area to which
    of the notice for taking appeal, shall be within 15 days from
    the former pertains appeal with the appellant to pay perfection of appeal,
    to the transmitted to
    court that
    adverse coc which the appellate coc of lower court
    When: -15 days after notice to
    rendered party. rendered court together shall transmit the
    the appellant of the judgment or
    final order appealed from. judgment . judgment full with the original original record or the
    amount of court record or the record on appeal
    - If record of appeal is required docket and other record on appeal together with
    then 30 days. lawful fees. transcripts and
    exhibits, which shall
    certify the same as
    complete to the
    proper RTC.
    appellee , if he so
    within 15 days from
    desires, file his
    memorandum such notice, appellant
    within 15 days from shall submit a
    Perfection of Appeal: memorandum, copy
    RTC receipt of
    furnished to appellee.
    Notice of appeal shall appellants memo. coc of RTC shall
    memorandum is
    Perfected as to appellant upon filing. No need approval. decide. vital, failure to do so notify parties of
    will be a ground for the receipt of
    Case is deemed record/ notice
    Record of appeal notice of dismissal.
    submitted upon the
    Perfected as to appellant upon approval of the record filing of appellees
    on appeal filed in due time. memorandum or
    the expiration of
    the period to do so.

    APPEAL ON GROUND OF LACK OF JURISDICTION


    a) if reversed- case shall be remanded to the MTC for further proceeding NOTE:
    GR: sec 19 (g)Rule 41- order dismissing an action for
    b) if affirmed- dismissal becomes dismissal on the merits lack of jurisdiction (without prejudice) is not
    appealable.
    APPEAL BASED ON LACK OF JURISDICTION UPON SUBJECT MATTER EXP: sec 8 Rule 40- MTC dismissal based on lack of
    a) if affirmed- affirm dismissal and RTC SHALL TRY the case on the merits jurisdiction is appealable.
    as if it was ORIGINALLY filed with it.
    ORDINARY APPEAL PETITION FOR REVIEW
    (RULE 40-41) (RULE 42) APPEAL BY CERTIORARI
    CERTIORARI (RULE45) (RULE 65)
    BY NOTICE OF APPEAL OR BY
    HOW IS IT TAKEN BY PETITION
    RECORD ON APPEAL
    ISSUES PURE QUESTIONS OF WHETHER THE TRIBUNAL, BOARD
    WHERE TO FILE LAW OR OFFICER (TBO) COMMITTED
    TO THE COURT WHO RENDERED TO THE APPELLATE GRAVE ABUSE OF DISCRETION OR
    AND PAY DOCKET
    JUDGMENT COURT ACTED WITHOUT OR IN EXCESS OF
    FEES
    JURISDICTION.
    JURISDICTION
    EXERCISED FROM
    ORIGINAL APPELLATE
    THE JUDGMENT
    APPEALED FROM PARTIES LOWER COURT/JUDGE TBO HAS TO BE IMPEADED AS
    SHALL NOT BE NOMINAL PARTY.
    DEPOSIT FOR
    NOT REQUIRED REQUIRED IMPLEADED
    COSTS
    PRE-CONDITION MFR NOT NECESSARY MFR NECESSARY
    MOTION FOR
    NOTICE OF APPEAL- NON PETITION- THE COURT
    EXTENSION OF
    EXTENDIBLE MAY GRANT
    TIME TO FILE WHEN I5 DAYS FROM NOTICE NOT LATER THAN 60 DAYS FROM
    CERTIFICATION OF JOR OR FROM THE NOTICE OF THE JOR SOUGHT TO
    AGAINST FORUM NOT REQUIRED REQUIRED DENIAL OF NEW TRIAL BE ASSAILED
    SHOPPING OR MFR
    WHERE SC FILED W/ THE APPROPRIATE COURT
    HAVING JURISDICTION OVER LOWER
    COURT, TBO
    PETITION FOR REVIEW APPEAL BY
    (RULE 42) CERTIORARI (RULE45)

    JURISDICTION APPELLATE ORIGINAL


    WHERE TAKEN COURT OF APPEALS SUPREME COURT
    EXERCISED
    QUESTIONS OF FACTS OR STAY OF STAYS JOR THE CHALLENGED PROCEEDING NOT
    PURE QUESTIONS OF
    ISSUES INVOLVED MIXED QUESTIONS OF FACT EXECUTION STAYED UNLESS THE COURT ISSUES
    LAW
    AND LAW TRO/ INJUNCTIVE WRIT.
    JUDGMENT/FINAL
    STAGE OF ONLY AFTER JUDGMENT MAY BE INSTITUTED DURING
    JUDMENT/FINAL ORDER BY ORDER/RESOLUTION
    PROCEEDINGS PENDENCY OF THE CASE.
    JUDGMENT THE RTC IN THE EXERCISE (JOR) BY A COURT
    INVOLVED OF ITS APPELLATE REGARDLESS OF THE
    JURISDICTION JURISDICTION
    EXERCISED.

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