RULE 40 APPEAL FROM MTC TO RULE 41 APPEAL FROM THE RTC TO RULE 42 PETITION FOR REVIEW FROM RULE

ROM RULE 43 APPEALS FROM THE CTA

RTC CA THE RTC TO THE CA AND QUASI-JUDICIAL AGENCIES TO
THE CA
Notice of Appeal 15 days Notice of Appeal 15 days Petition for Review 15 days Petition for Review 15 days
Extension 15days Extension 15 days
Appellants 15 days Record on Appeal Comment on the 10 days from Comment on the 10 days from
Memorandum If no 5 days Petition notice Petition notice
objection from
receipt
of copy
Order of 10
amendmen days
t of the from
record; or receipt
no time of copy
fixed
Appellees 15 days from Ordinary Appeal Cases decided Elevation of record (if 15 days from Submission for
Memorandum receipt of by RTC in the CA deems necessary) notice decision
Appellants exercise of its Oral argument
Memorandum orig.jurisdiction Submit 15 days
memoranda from
notice
Record on Appeal 30 days Petition for Review Cases decided Submission for 1. CTA
by the RTC in decision 2. ANY QUASI-JUDICIAL AGENCY
the exercise of Oral CSC; Central Board of Assessment;
its appellate argument SEC; OP; LRA; SSS; Civil Aeronautics
jurisdiction Submit 15 days Board; Bureau of Patents, Trademarks
memoranda from & Tech Transfer; National
notice Electrification Admin; ERB; NTC; DAR;
Appeal by Cases where all GSIS; EEs Compensation Commission;
Certiorari questions of Agricultural Inventions Board;
law are raised Insurance Commission; PH Atomic
or involved Energy Comm; BOI; Construction
Industry Arbitration Comm; Voluntary
Arbitrators

Cases not covered

Labor Arbiter, NLRC
PROCEDURE IN THE CA RULE 45 APPEAL BY CERTIORARI TO RULE 46 ORIGINAL CASES RULE 47 ANNULMENT OF RULE 50 DISMISSAL
RULE 44 ORDINARY THE SC (COURTS OF APPEALS) JUDGMENTS OR FINAL ORDERS OF APPEAL
APPEALED CASES & RESOLUTIONS
Appellants brief 45 days Petition for review on 15 days All cases originally Annulment by the CA of Grounds:
certiorari judgments or final 1. Failure of the record on
filed in the CA
appeal to show that the
Extension 30 Orig. actions for orders/resolutions in civil appeal was taken w/in
days certiorari, actions of RTC for w/c ordinary the pd. fixed
prohibition, remedies of new trial, appeal, 2. Failure to file notice of
mandamus, quo petition for relief are no longer appeal or ROA w/in the
pd prescribed
warranto available thru no fault of
3. Failure to pay docket &
petitioner other fees
Appellees brief 45 days Elevation of records 15 days Actions for Rule Grounds : 4. Unauthorized
from annulment 47 1. extrinsic 4yrs alterations, omissions or
additions in the
receipt of of fraud from
approved ROA
Appellants judgment discovery 5. Failure of the appellant
brief Actions for 2. lack of Before it to serve & file reqd # of
certiorari, Rule jurisdiction is barred copies of brief/memo
65 by laches 6. Absence of specific
prohibition
assignment of errors in
& 3. lack of due or the appellants brief
mandamus process estoppel 7. Failure of appellant to
Actions for take the steps for d
quo correction/record w/in
time limited by court
warranto Rule
8. Failure to appear at the
66 Prelim. Conference
9. Order/Judgement not
appealable
Appellants reply 20 days Dismissal:
brief from 1. Appeal under Rule 41
from the RTC to CA
receipt of raising only questions of
Appellees law
brief 2. Appeal by NOA instead
of by petition for review
from the appellate
judgment of a RTC

Memoranda in 30 days
Special Cases
(certiorari,
prohibition,
mandamus etc)
RULE 65 CERTIORARI, PROHIBITION AND RULE 66 QUO WARRANTO
MANDAMUS
Petition 60 days from notice of Usurpation of a public Commenced within 1
judgment office, position or year after cause arose
franchise Action for
In case MR or NT 60 days from notice of damages
is filed denial of the motion within 1 yr after
entry of
judgment
Act or omission of Filed with
MTC, Corp, RTC or CA or SB
board, officer,
person
Quasi-judicial CA
agency
Election cases
MTC or RTC COMELEC
Petition for certiorari
Any tribunal, board, officer exercising judicial or
quasi-judicial functions
Has acted without or in excess of its jurisdiction
or with GAODALEJ; and
No appeal, nor any plain, speedy & adequate
remedy in the ordinary course of law
Petition for prohibition
Proceedings of any tribunal, corp, board, officer
or person
Whether exercising judicial, quasi-judicial or
ministerial functions
without or in excess of its jurisdiction or with
GAODALEJ; and
No appeal, nor any plain, speedy & adequate
remedy in the ordinary course of law
Petition for mandamus
Any tribunal, corp, board, officer or person
Unlawfully neglects the performance of an act
which the law specifically enjoins as a duty;
Unlawfully excludes another from the use &
enjoinment of a right, or office xx
No other plain, speedy & adequate remedy