RULES OF COURT OF
THE
PHILIPPINESON-LINE
This web
page
contains the full text of the1997
Rules of Civil Procedure
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]RULE
40APPEAL FROM
MUNICIPAL
TRIAL COURTSTO 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.chanrobles virtualawlibrary
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.
RULE
41APPEAL FROM THE
REGIONAL
TRIAL COURTSSection 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:chanroblesvirtuallawlibrary
(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:chanroblesvirtuallawlibrary
(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.
RULE
42PETITION FOR
REVIEW
FROM THE REGIONAL TRIAL COURTS TO THE COURT OF APPEALSSection 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.
RULE
43APPEALS FROM THE
COURT
OF TAX APPEALSAND
QUASI-JUDICIAL AGENCIESTO 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.
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