RULE 39  Includes: bank deposits, financial interests, royalties, commissions, other personal

SEC.9: EXECUTION OF JUDGMENT OF MONEY, HOW ENFORCED: property not capable of manual delivery in the possession of 3 rd parties
 Made by serving notice upon the person owing such debts or having in his possession
A. IMMEDIATE PAYMENT ON DEMAND: such credits
 Officer will enforce execution from judgment obligor (JOR) for immediate payment of  Garnishment will cover only the amount & lawful fees
FULL amount & lawful fees  Garnishee will make a written report to court WITHIN 5 DAYS from service of the notice
 This is stated in the WRIT OF EXECUTION of garnishment
 JOR will pay in cash, certified bank check / another other acceptable form of payment  States whether or not JOR has sufficient funds
payable to judgment obligee (JOE)  If not: state amount of funds available
 Lawful fees handed through proper receipt to EXECUTING SHERIFF  Cash or check issued in the name of the JOE will be delivered directly to JOE WITHIN 10
 Sheriff will turn over said amount WITHIN THE SAME DAY to CoC of court that issued WORKING DAYS from service of notice
writ  Lawful fees will be paid directly to court
 If JOE / his rep is not present, payment will be made to sheriff  If there are 2 or more garnishees, JOR have the option to indicate the garnishee/s who
 Sheriff will turn over all amounts within the same day to CoC will deliver
 If not practicable, deposit to fiduciary account in the nearest government depository  If JOR does not choose, JOE will choose the garnishee/s
bank of RTC
 CoC will arrange for the remittance of deposit to account of court SEC. 10: EXECUTION OF JUDGMENT FOR SPECIFIC ACTS:
 CoC will deliver said payment to JOE
A. CONVEYANCE, DELIVERY OF DEEDS, OR OTHER SPECIFIC ACTS; VESTING TITLE:
 Excess will be delivered to JOR
 Judgment directs a party to execute a conveyance of land or personal property / deliver
 Lawful fees will be retained by CoC
 Sheriff CANNOT demand that payment by check may be made payable to him deeds or documents / perform specific act
B. SATISFACTION BY LEVY:  If party fails to comply within specified time: court can direct the act to be done at the
 LEVY – officer sets apart or whole of the property of JOR for purposes of execution sale cost of disobedient party
 If susceptible of appropriation, officer removes and takes property for safekeeping or  Court will appoint a person for act to be done
placed under sheriff’s guards  For real properties in the PH – court can order divest of title from one party to another
 Sale of property is VOID if no valid levy is made (will have the same effect of conveyance)
 JOR must be served with NOTICE OF LEVY B. SALE OF REAL / PERSONAL PROPERTY:
 If no notice is served, defect is cured by service of NOTICE OF SALE prior to sale  Judgment will state to sell property, describing it and apply the proceeds in conformity
 If JOR cannot pay all / part in cash
with judgment
 Officer will levy upon JOR’s properties that can be disposed & not exempt from
C. DELIVERY / RESTITUTION OF REAL PROPERTY:
execution  Officer will demand the person against whom judgment of delivery / restitution is
 JOR has the option to choose which property can be levied upon
rendered & all persons claiming rights under him to peaceably VACATE PROPERTY
 If JOR does not choose, officer shall FIRST: levy on PERSONAL properties, then SECOND:
WITHIN 3 WORKING DAYS
REAL properties  To restore possession to the JOE
 Sheriff will only sell a sufficient portion of personal / real property
 Otherwise, officer will oust all persons with assistance
 Real property, stocks, shares, debts, credits & other personal property can be levied
 Costs, damages, rents / profits awarded by the judgment shall be satisfied in the same
upon through a WRIT OF ATTACHMENT
manner as judgment for money
D. DELIVERY OF PERSONAL PROPERTY:
C. GARNISHMENT OF DEBTS & CREDITS:
 Officer will take possession of same
 GARNISHMENT – act of appropriation of property INVOLVING MONEY by the court when
 Deliver it to party entitled
property of debtor is in the hands of 3rd persons  Satisfy any judgment for money
 This merely sets apart such funds but does not constitute the creditor as owner of
garnished property NOTES:
 Not a violation of RA 1405 because it doesn’t involve an inquiry of such deposit
 Officer can levy on debts & credits of JOR
 Specific acts are those in connection with the directive to party to execute a OTHERS:
conveyance of land / deliver deeds or documents 1. Property mortgaged to DBP
 Court doesn’t have to enter judgment for such purpose 2. Property taken over by alien property administration
 B-D: all involve performance of particular acts directed by a judgment 3. Savings of national prisoners deposited with postal savings bank
 If party refuses, contempt is not proper remedy 4. Backpay of pre-war civilian employees
 REMEDY: sheriff will oust party from property 5. Philippine government backpay to guerrillas
 If demolition is involved: should have hearing on motion and due notice for issuance of 6. Produce, work animals, and farm implements of agricultural lessees, subject to
a special order under sec. 14 limitations
 WRIT OF EXECUTION directing sheriff to cause defendant to vacate is in the nature of a 7. Benefits from private retirement systems of companies and establishments, w/

HABERE FACIAS POSSESSIONEM limitations

 Authorizes sheriff without need for securing a break open order 8. Labor wages, except for debts incurred for food, shelter, clothing, and medical
attendance
SEC. 11: EXECUTION OF SPECIAL JUDGMENTS 9. Benefit payments from SSS
10. Copyrights and other rights in intellectual property under the former copyright law
 Requires performance of any act OTHER THAN payment of money / delivery of real / 11. Bonds issued under RA 1000
personal property NOTES:
 Certified copy of judgment will be attached to the writ of execution
 Disobedience: punishable by CONTEMPT  Exemptions cannot be claimed if the judgment is for recovery of unpaid price of the
 SEC. 10: directs party to convey land, refusal to comply: court can appoint someone
article involved or for the foreclosure of a mortgage thereon
else to do the act for that person, not contempt  Exemptions must be claimed otherwise they are deemed waived
 It is not the duty of the sheriff to set off the exemptions on his own initiative
SEC. 12: EFFECT OF LEVY ON EXECUTION AS TO 3RD PERSONS
 Usufructuary right of a widow over a lot is not a homestead, therefore not exempt
 Will create a lien in favor of the JOE over the right, title and interest of JOR in such
SEC. 14: RETURN OF WRIT OF EXECUTION
property at the time of levy, subject to liens and encumbrances then existing
 Attachment duly annotated on a certificate of title is SUPERIOR to the right of a prior  Writ is returnable to court IMMEDIATELY after judgment has been satisfied in part / in
but unregistered buyer full
 It takes precedence over a notice of lis pendens which does not even create a lien  If judgment cannot be satisfied in full within 30 DAYS after his receipt of writ, officer will
 Act of registration is an operative act to convey or affect the land insofar as 3 rd persons report to court and state the reason
are concerned  Writ will continue effect during the period within which the judgment may be enforced
 Deemed to have constructive notice by motion
 Officer will make a report to court EVERY 30 DAYS on the proceedings until judgment is
SEC. 13: PROPERTY EXEMPT FROM EXECUTION
satisfied in full or effectivity expires
1. Family home, homestead, land necessarily used in connection therewith  Returns / periodic reports will be filed with court and copies will be furnished to parties
2. Ordinary tools and implements used in trade, employment, or livelihood  Lifetime of writ: WITHIN 5 YEARS from entry thereof – judgment becomes dormant and
3. 3 horses, cows, carabaos, or other beast of burden – necessarily used in his ordinary
is subject to revival action
occupation
4. Necessary clothing and articles for ordinary personal use, except jewelry SEC. 15: NOTICE OF SALE OF PROPERTY OF EXECUTION
5. Household furniture & utensils for housekeeping LESS than 100K
6. Provisions for individual or family use sufficient for 4 months RULES BEFORE SALE OF PROPERTY: Notice must be given
7. Professional libraries and equipment
8. 1 fishing boat & accessories LESS than 100K used in livelihood A. PERISHABLE PROPERTY:
9. Salaries, wages, or earnings to support family within 4 months preceding levy  Post written notice of the time and place of sale
10. Letter gravestones  In 3 public places, conspicuous areas of municipal or city hall, post office and public
11. Monies, benefits, privileges, or annuities accruing out of any life insurance
12. Properties specially exempt from execution market in the municipality / city where sale is to take place
B. OTHER PERSONAL PROPERTY:
 Post notice in 3 public places  Sheriff can be liable if damages arise from acts not connected with his official duty
 Not less than 5 days  If 3rd party claim has been filed, prevailing party can compel sheriff to proceed by filing
C. REAL PROPERTY:
a bond to answer for damages that may be incurred as a consequence of execution
 Posting for 20 days o But if sheriff proceeds without such bond, he will be personally liable for damages
 In 3 public places
 If 3rd party claim is contested, court can fix the value of property claimed by 3 rd person
 Particularly describing the property o So that a bond equal to such value may be posted by the judgment creditor (JCR)
 Stating where the property is to be sold
 If assessed value is ABOVE 50K, publish copy of notice once a week for 2 consecutive to indemnify sheriff of liability
o If sheriff erroneously seizes property of 3rd person, court, upon latter’s application
weeks in 1 newspaper selected by raffle / general circulation in the province or city
and after summary hearing, may order release of property
NOTES: o If 3rd party claimant does not persuade the court of his title or right, his remedy is
resorted to before or without availment of the recourses above
 Notice should be given to the JOR  If 3rd party claim has been disregarded by sheriff because of bond filed by prevailing
 At least 3 days before sale
party, remedy: file INDEPENDENT REINVINDICATORY ACTION against the JCR /
 XPN: in A, where notice is given at any time before sale
 Notice will specify the place, date, and exact time of sale purchaser at public auction
 Not earlier than 9AM, not later than 12NN  Rights of 3rd party claimant should not be decided in the action where the 3 rd party
 Place of sale may be agreed upon claims are presented
 If no agreement & sales is property not capable of manual delivery, sale will be held in o Should be in a separate action which the court should direct the claimants to file –
court of CoC of RTC / MTC which issued writ / designated by appellate court may be tried by a different branch of the same court / another court
 If property is capable of manual delivery, sale will be held in the place where the  Action for damages upon the bond filed by the JCR: surety must be impleaded
property is located  If not, judgment cannot be enforced against the bond
o Action vs. surety is binding upon the principal if the latter had knowledge thereof
SEC. 16: PROCEEDINGS WHERE PROPERTY CLAIMED BY 3 RD PERSON and an opportunity to participate in the defense
 JOR / his agent can vindicate claim to the property by any proper auction
 If property is claimed by any person other than JOR / his agent o Action is entirely separate and distinct from that in which execution has issued
 3rd person has to make an affidavit of his title or right to possession o But if claim of impropriety in the execution proceedings is made by a PARTY TO
 State grounds of such title or right
ORIGINAL ACTION (not a stranger), any relief may be applied for with and obtained
 Serve to officer making the levy and copy to JOE
 GR: Officer is not bound to keep the property from only the executing court
 XPN: when JOE, on demand of the officer, files a bond approved by court to indemnify  A person other than JOR may file separate action over said properties even if the
the 3rd-party claimant in a sum not less than the value of the property levied upon sheriff’s levy on the properties on execution is VOID
 In case of disagreement of value: to be determined by court issuing the writ o Issue as to whether or not there was an illegal levy on properties can be filed in a
 No claim for damages for taking / keeping may be enforced against the bond unless SEPARATE ACTION
action is filed  Remedies of 3rd party claimant:
 Within 120 DAYS from the date of filing of bond a. Summary hearing before court which authorized execution
 Officer is NOT liable for damages arising from taking / keeping property b. Terceria or 3rd party claim filed with sheriff
c. Action for damages on the bond posted by JCR
 Nothing shall prevent 3rd-party claimant from vindicating his claim to the property in a
d. Independent reinvindicatory action
SEPARATE ACTION  These are cumulative and can be resorted to by a 3rd party independently / separately
 Nothing shall prevent JOE from claiming damages in the same or separate action o If he opts to file proper action to vindicate his claim of ownership, he must institute
against the 3rd party claimant who filed frivolous / plainly spurious claim an action, distinct and separate from that in which the judgment is being enforced
 If writ of execution is issued in favor of the Republic of the PH: filing of bond NOT o Validity of title of the 3rd party claimant shall be resolved in said action and a WRIT
needed OF PRELIMINARY INJUNCTION issued against the sheriff
 If sheriff is sued for damages due to levy: he will be represented by SolGen  If a claim arises out of attachment proceedings and replevin suits, it can be litigated in
 If held liable: actual damages shall be paid by the National Treasurer out of such funds the same action involved or in a separate suit
 JUDGMENT HERE IS FINAL AND EXECUTORY
NOTES:
 Rules 57 & 60: actions still pending in the trial court  JCR can bid and purchase at the auction
 Spouse who is not a party to a suit but owner of conjugal property = not a stranger  Other people not allowed to buy under Art. 1491
o XPN: separate and independent action is allowed when it involves EXCLUSIVE &  Remedy vs. irregular sale:
o MOTION TO VACATE / SET ASIDE THE SALE
PARAPHERNAL PROPERTY OF SPOUSE who was not a party to the case the
o To be filed in court which issued the writ
judgment wherein was sought to be executed o Rule does not apply to conventional sales
o In execution sales, if there is a right to redeem, mere inadequacy of price is not
SEC. 17: PENALTY FOR SELLING WITHOUT NOTICE / REMOVING / DEFACING NOTICE
material
 Officer selling without notice – penalty: 5K to injured person in addition to his actual
SEC. 20: REFUSAL OF PURCHASER TO PAY
damages
o Both to be recovered by motion in the same action  Officer may again sell the property to the highest bidder
 Person wilfully removing / defacing notice before sale – penalty: 5K o He will not be responsible for any loss
 Court may order the refusing purchaser to pay into the court the amount of loss, with
NOTES:
costs
 VOID SALE: o He can also be punished by CONTEMPT if he disobeys
1. Sale without required notice
 Officer is liable for damages NOTES:
 Creditor will be solidarily liable as a tortfeasor
 Measure of damages to which JCR is entitled:
2. Execution sale made on the date after that fixed in the notice
3. Where posting requirements are not complied with o Difference between the amount which would have been realized were it not for the
illegal intervention
SEC. 18: NO SALE IF JUDGMENT AND COSTS PAID o And total amount which he actually recovered on the judgment from all sources
o Including amount actually realized at the auction sale
 If JOR paid the amount of judgment = NO writ of execution may be issued or o Plus expenses incurred as consequence of illegal intervention
implemented, thus NO SALE
SEC. 21: JUDGMENT OBLIGEE AS PURCHASER
SEC. 19: HOW PROPERTY SOLD ON EXECUTION; WHO MAY DIRECT MANNER &
 When no 3rd party claim has been filed
ORDER OF SALE  JOE need not pay the amount of bid if it doesn’t exceed the amount of judgment
 If it does, shall only pay the excess
 All sales of property under execution must be made:
1. At a public auction
SEC. 22: ADJOURNMENT OF SALE
2. To the highest bidder
3. To start at the exact time fixed in the notice
 Through a written consent of JOR & JOE / their representatives
 Any excess property or proceeds of sale after sufficient sale should be delivered to the
 Officer may adjourn the sale to any date & time agreed upon by them
JOR / his agent  If there is no agreement, he may adjourn the sale from day to day if it becomes
o XPN: by order of court
 IF REAL PROPERTY: necessary to do so for lack of time to complete the sale on the day fixed
o Consisting of several lots – must be sold separately
NOTES:
o If a portion is claimed by 3rd person – may require to be sold separately
 IF PERSONAL PROPERTY CAPABLE OF MANUAL DELIVERY:
 Officer cannot adjourn sale to another date unless with the written consent of the
o Must be sold within view of those attending the same
o In such parcels as are likely to bring highest price parties
o JOR may choose which property will be sold  When there is a 3rd party claim, judgment creditor must pay his winning bid in cash
 Officer / deputies cannot buy the properties  Writ of execution in an EJECTMENT CASE can be enforced on a Saturday afternoon /
 Seller of goods who exercises the right to resale cannot buy the properties after office hours

NOTES:
SEC. 23: CONVEYANCE TO PURCHASER OF PERSONAL PROPERTY CAPABLE OF o By paying the debt, he stands in the place of the creditor, not JOR
MANUAL DELIVERY  Right of redemption cannot be levied on the JCR
o The JOR may legally sell his right of redemption
 If purchaser pays the purchase price, officer shall:
o Deliver the property to purchaser SEC. 28: TIME & MANNER OF, AMOUNTS PAYABLE ON, SUCCESSIVE REDEMPTIONS,
o Execute and deliver certificate of sale NOTICE TO BE GIVEN & FILED
 Sale conveys to the purchaser all the rights which the JOR had in such property
PERIOD OF REDEMPTION:
SEC. 24: CONVEYANCE TO PURCHASER OF PERSONAL PROPERTY NOT CAPABLE OF
JUDGMENT OBLIGOR REDEMPTIONER
MANUAL DELIVERY
JOR has 1 year from registration of cert. 1st redemptioner has 1 year to redeem
of sale 2nd redemptioner has 60 days to redeem
 If purchaser pays the purchase price, officer shall:
o Execute and deliver certificate of sale after 1st redemption
 Sale conveys to the purchaser all the rights which the JOR had in such property 3rd redemptioner has 60 days after 2nd,
etc.
SEC. 25: CONVEYANCE OF REAL PROPERTY; CERTIFICATE THEREOF GIVEN TO Once he redeems, no further redemption Further redemption allowed even after
is allowed lapse of 1 year, as long as each
PURCHASER & FILED WITH REGISTRY OF DEEDS
redemption is made w/in 60 days after
 Officer must give to the purchaser a certificate of sale containing: the last
a. Particular description of real property sold
b. The price paid for each distinct lot or parcel
c. Whole price paid by him  PAYMENT:
d. Statement that the right of redemption expires 1 year from the date of the o Tender of redemption of money may be made to purchaser / sheriff
o If to sheriff – he has to accept
registration of certificate of sale  MEDIUM OF PAYMENT:
 Certificate has to be registered in the registry of deeds of place where property is o Cash, certified bank check
located o If check is dishonored, redemption is INVALID
o If check becomes stale for not being presented though no fault of redemptioner,
SEC. 26: CERTIFICATE OF SALE WHERE PROPERTY CLAIMED BY 3RD PERSON
redemption is VALID
 Certificate of sale to be issued shall make EXPRESS MENTION of existence of such 3 rd

party claim
 RIGHT OF REDEMPTION:
1. Personal property – none, sale is absolute
2. Real property – there is a right of redemption AMOUNTS PAYABLE ON REDEMPTION:

SEC. 27: WHO MAY REDEEM REAL PROPERTY SOLD JUDGMENT OBLIGOR REDEMPTIONER
If he redeems from the purchaser: If he redeems from the purchaser:
JUDGMENT DEBTOR REDEMPTIONER
JOR or his successor in interest One who has a lien by virtue of another - Purchase price + 1% interest + - Same as JOR
(transferee, assignee, heirs, joint debtors) attachment, judgment or mortgage on assessment or taxes - Amount of lien, if purchaser also
property SUBSEQUENT to the lien under creditor w/ prior lien
If he redeems from redemptioner:
which the property was sold
If he redeems from redemptioner:
Within 1 year from the date of registration 1. Within 1 year from the date of - Redemption price + 2% interest +
assessment or taxes - Same as JOR
of the certificate of sale registration of the certificate of sale
- Amount of liens held by last
2. Within 60 days from the last
redemptioner prior to his own, w/
redemption by another redemptioner
interest
 A surety is NOT a successor in interest
SEC. 29: EFFECT OF REDEMPTION BY JUDGMENT OBLIGOR, & A CERT. TO BE SEC. 2: WHEN TO APPEAL:
DELIVERED & RECORDED THEREUPON, TO WHOM PAYMENTS ON REDEMPTION
MADE  Within 15 days:
o After notice to appellant of the judgment or final order appealed from
 If JOR redeems, no further redemption is allowed  Within 30 days:
o The person to whom redemption was made must execute and deliver to the JOR a o If record on appeal is required
certificate of redemption o Appellant needs to file a notice of appeal and a record on appeal
 Payments may be made to the purchaser, redemptioner or sheriff o After notice of judgment or final order
 Redemption can be paid in other forms other than cash  Period of appeal will be interrupted by a timely motion for new trial or reconsideration
o Rule is construed liberally allowing redemption and it has been allowed to in the case (NT/R)
of a cashier’s check, certified bank checks and even checks o No motion for extension of time to file motion for NT/R will be allowed
 A formal offer to redeem is NOT necessary where the right to redeem is exercised
NOTES:
through the filing of a complaint to redeem in the courts, within the period to redeem
 In RA 7691: MTC has probate jurisdiction where gross value of estate is 100K / 200K
SEC. 30: PROOF REQUIRED OF REDEMPTIONER
below
PROOF REQUIRED:  Reglementary periods of appeal, same with RTC

JUDGMENT OR FINAL ORDER REDEMPTIONER SEC. 3: HOW TO APPEAL:

No proof required If based on judgment or final order:
Right of redemption appears on required - Must serve copy of judgment or final  File notice of appeal with court that rendered judgment or final order appealed from
order, certified by CoC  Should indicate:
If based on mortgage or other lien, must o Parties to the appeal
serve: o Judgment or final order or part thereof appealed from
o Material dates showing timeliness of the appeal
- Memorandum of record, or any
 Record on appeal is required:
assignment
- Affidavit, showing amount due on o In special proceedings
o In other cases of multiple or separate
lien
 Form and contents: Sec. 6, Rule 41
 Copies of notice of appeal + record on appeal (if required) should be served to
 Failure to produce proof by redemptioner is waived by refusal on other grounds adverse party
 Validity of redemption not affected by failure to present proof
o If person to whom redemption was offered accepts without requiring proof – VALID NOTES:

RULE 40: APPEAL FROM MTC TO RTC  Last mentioned requirement is the same as the MATERIAL DATA RULE applicable to
records on appeal with respect to contents thereof
SEC. 1: WHERE TO APPEAL:
SEC. 4: PERFECTION & EFFECT OF APPEAL:
 Appeal from a judgment or final order of MTC can be taken to RTC
 RTC should have jurisdiction over the area to which the former pertains  Governed by Sec. 9, Rule 41
 Title remains the same
 Party appealing: appellant SEC. 5: APPELLATE COURT DOCKET AND OTHER LAWFUL FEES:
 Adverse party: appellee
 Payment of FULL AMOUNT of court docket and other lawful fees should be done
NOTES:
WITHIN THE PERIOD FOR TAKING AN APPEAL
 SC defines the territory over which branch of RTC shall exercise its territory o Pay to CoC of court which rendered judgment or final order
o Proof of payment will be transmitted to appellate court together with original
 Territory: determines the lower courts over which said branch may exercise appellate
record or record on appeal
jurisdiction
NOTES:  If appeal is taken from order of lower court dismissing the case WITHOUT a trial on
the merits
 Non-payment does NOT automatically result in dismissal of appeal or affect appellate
o RTC may AFFIRM:
jurisdiction of Court of First Instance  If ground of dismissal is lack of jurisdiction over subject matter
o Dismissal is discretionary in the appellate court if there are justifications for it  If RTC has jurisdiction
o Failure to pay is ground for dismissal of appeal in CA and SC  RTC shall try the case on the merits as if the case was originally filed with it
o But it is NOT MINISTERIAL DUTY of court to dismiss appeal due to non-payment o RTC may REVERSE:
 XPN: if there is failure to file notice of appeal or record on appeal WITHIN the  Case will be remanded for further proceedings
reglementary period  If case was tried on the merits by the lower court WITHOUT jurisdiction over subject
 Strict application of the rule on payment of fees in CA should be adopted matter:
o Payment of fees WITHIN the prescribed period is MANDATORY o RTC on appeal will NOT dismiss the case if it has original jurisdiction
o It will decide the case
SEC. 6: DUTY OF CLERK OF COURT: o Without prejudice to the admission of amended pleadings and additional
evidence in the interest of justice
 Within 15 days from perfection of appeal:
o CoC has to transmit the original record or record on appeal
o With transcripts and exhibits
o Certified by him as complete NOTES:
o Sent to proper RTC
o Copy-furnish of certification to parties  1st paragraph:
o if case was not tried on the merits but was dismissed on technical objection or
question of law
o or where case was dismissed for improper venue on defendant’s motion
o Or for prescription
SEC. 7: PROCEDURE IN RTC: o Since there was no trial, RTC can affirm or reverse order of dismissal
 Where question of law involves lack of jurisdiction over subject matter & RTC has
 Upon receipt of complete record or record on appeal:
jurisdiction:
o CoC of RTC will notify parties
o Shall try the case on merits as if the case was originally filed with it
 Within 15 days from such notice: o Consent of parties is NOT REQUIRED
o Appellant has to submit memorandum o Optional on the parties to submit to original jurisdiction or not
 Briefly discuss errors imputed to the lower court
 RTC assumes original jurisdiction over case without need for consent from parties
o Copy-furnish to adverse party
o Parties are allowed to file amended pleadings
 Within 15 days from receipt of appellant’s memorandum: o Adduce additional evidence at the trial of the case in the RTC
o Appellee MAY file memorandum
 Failure of appellant to file memorandum is ground for dismissal of appeal SEC. 9: APPLICABILITY OF RULE 41:
 Upon filing appellee’s memorandum or expiration of period to do so:
o Case is considered submitted for decision  Provisions of Rule 41 will apply to appeals since they are consistent with or may serve
o RTC will decide the case
o Based on the entire record of the proceedings from court of origin to supplement provisions of this rule
o Memoranda are filed
NOTES:
NOTES:
 For background materials or referential bases regarding appeals from the decisions of
 Notice should be sent to attorney, but if submitted to party himself is still considered the inferior courts, appellate procedure if further appeal to IAC is:
o In actions originally filed in the MTC to RTC
valid and binding
o Final judgments or orders of RTC may be appealed by PETITION FOR REVIEW to
SEC. 8: APPEAL FROM ORDERS DISMISSING CASE WITHOUT TRIAL; LACK OF IAC
CONSIDERATION:
 o Only when petition shows prima facie that lower court committed an error of fact
or law that will warrant a reversal or modification of the decision or final order
sought to be reviewed
o Petition for review is governed by Resolution of the CA RULE 41: APPEAL FROM RTC
 MODES AND PERIODS OF APPEAL:
A. ORDINARY APPEALS BY MERE NOTICE OF APPEAL: SEC. 1: SUBJECT OF APPEAL:
o No extension of time to file such a notice of appeal is needed and allowed
o The 15-day period for appeal is INTERRUPTED by a motion for NT/R  NO APPEAL MAY BE TAKEN FROM:
 XPN: when motion fails to satisfy requirements of Rule 37 1. Order denying a petition for relief or any similar motion seeking relief from
 If motion for NT/R is DENIED: moving party has only the remaining period from judgment
notice of denial within which to file notice of appeal 2. Interlocutory order
o Ordinary appeal from final order of MTC – RTC, RTC – CA (originally filed in RTC)  Order which does not dispose of the case but leaves something else to be
B. APPEALS IN SPECIAL PROCEEDINGS & MULTIPLE APPEALS: done in the trial court on the merits of the case
o Motion for extension of time to file the record on appeal may be granted to file  Order is final if it disposes of the entire case
record on appeal  Movant has to wait for the judgment and the appeal from the judgment
o Period of appeal is 30 days, a record on appeal being required  He can assign as error the said interlocutory order
C.APPEALS BY PETITION FOR REVIEW TO CA:  It cannot be appealed separately from the judgment
o It may be necessary to file a motion with CA for extension of time to file petition  GR: where interlocutory order was rendered without or in excess of
for review jurisdiction or with grave abuse of discretion, REMEDY: certiorari, prohibition,
o Appeal to CA through PETITION FOR REVIEW
or mandamus
o Or to RTC through PETITION FOR REVIEW ON CERTIORARI under Rule 45
o 15-day period for filing petition for review  Where order appealed is interlocutory: appellate court can dismiss appeal
o If motion for reconsideration is filed and denied by RTC even if there is no objection from appellee
 Movant has only the remaining period to file petition for review 3. Order disallowing / dismissing an appeal
D. APPEALS FROM QUASI-JUDICIAL BODIES TO CA:  Appellate court must be apprised of the merit of the case of the party who
o No extension of time to file notice of appeal is needed or allowed
assails such denial or dismissal
o File NOTICE OF APPEAL with CA
4. Order denying a motion to set aside a judgment by consent, confession or
o With quasi-judicial body within 15 days from notice of ruling, award, decision /
compromise on the ground of fraud, mistake or duress, or any other ground
judgment
o In a motion for reconsideration filed within said period, then within 10 days from vitiating consent
 The rule’s purpose is to enable the appellate court to determine not only the
notice of resolution denying the motion for reconsideration
E. APPEALS BY CERTIORARI TO SC: existence of any of the four grounds relied upon, but also and primarily the
o If a motion for reconsideration is filed and denied, period of 15 days begins to merit of the petitioner’s cause of action or defense
run again from notice of denial  If one of the grounds exists:
o PETITION FOR REVIEW ON CERTIORARI under Rule 45 - The petitioner has either a good cause of action or defense
o File to RTC, IAC, Sandiganbayan - It will reverse the denial / dismissal
o Within 15 days from notice of judgment or denial of motion - Set aside the judgment in the main case
o Payment of docket fees within said period - Remand the case to the lower court for new trial
o A motion for extension of time to file motion for review on certiorari may be filed 5. Order of execution
6. Judgment or final order for or against or more of several parties or in separate
with SC within the reglementary period, plus payment of docket fee
o Copy-furnish to adverse party and lower court claims, counterclaims, cross-claims, and 3rd party complaints, while main case
F. PERIOD OF EXTENSION OF TIME TO FILE PETITION FOR REVIEW: is pending unless the court allows an appeal therefrom
o Beginning one month after promulgation of decision 7. Order dismissing action without prejudice
o Extension of only 15 days for filing petition for review may be granted by CA  Refers to several or separate judgments in Rule 36
 XPN: meritorious cases  Appeals therefrom are not absolutely prohibited
 Depends upon the circumstances of the case and the sound discretion of
court
  In any of these instances, aggrieved party may file an appropriate special civil action NOTES:
under Rule 65
 Reglementary period for appeal from notice of judgment or order, or any subsequent
o Petition for certiorari or prohibition
o Petition for mandamus – in the case of an order disallowing or dismissing an amendment thereof
 Period to appeal may be extended but at the discretion of the court
appeal
 Mere filing and pendency of the motion for extension of time to perfect the appeal
NOTES: does not suspend the running of the reglementary period
 In case it is granted and court fails to state when extension should start to run:
 Where defendant has been improperly declared in default and has perfected his
should be joined to the original period following the expiration thereof
appeal from the judgment by default, he can still avail of CERTIORARI to prevent  If the order granting the extension is issued and notice is served after the expiration
the carrying out of the writ of execution improperly issued by trial court of the period fixed by law, extension must be computed from date of notice or
 It doesn’t mean that in such appeal the appellate court may reverse and modify said
order granting it
judgment on the merits since the judgment involved is already final and executory  Filing motion doesn’t suspend running of the period for perfecting appeal
 Final and executory judgment of lower court shall not be reversed or modified but if  Appellant has the duty to ascertain the status of his motion, for if no action is taken /
the requirements for relief are present, such judgment shall be set aside by the denied after lapse of the period, RIGHT TO APPEAL IS LOST
higher court handling the certiorari case, which will also hear and decide the same  Filing an appeal beyond the reglementary period has been allowed in the exercise of
 If the petition for relief which was denied is against the order disallowing an appeal, equity jurisdiction of the courts
while review thereof shall now be through a petition for mandamus  Application of the fresh-period rule

SEC. 2: MODES OF APPEAL: SEC. 4: APPELLATE COURT DOCKET AND OTHER LAWFUL FEES:

1. ORDINARY APPEAL:  Fees shall be paid within the period of taking an appeal
 From RTC (original jurisdiction) appealing to CA:  Paid to clerk of court of court which rendered judgment
 File NOTICE OF APPEAL with court that rendered judgment  Proof of payment + original record / record on appeal will be transmitted to appellate
 Serve a copy upon adverse party
court
 Record on appeal is only required in special proceedings / multiple or separate
appeals SEC. 5: NOTICE OF APPEAL:
 Referred to as appeal by writ of error due to the requirement that the brief
 Should indicate the following:
filed for that purpose must contain an assignment of errors
o Parties to the appeal
2. PETITION FOR REVIEW:
 From RTC (appellate jurisdiction) appealing to CA: o Judgment or final order
 File PETITION FOR REVIEW under Rule 42 o Court which appeal is being taken
3. APPEAL BY CERTIORARI: o Material dates showing timeliness of appeal
 Appeal to SC
 Cases where only questions of law are raised or involved SEC. 6: FORM & CONTENTS OF RECORD ON APPEAL:
 File PETITION FOR REVIEW ON CERTIORARI under Rule 45
 State full names of all parties in the caption
SEC. 3: PERIOD OF ORDINARY APPEAL; APPEAL IN HABEAS CORPUS:  Include judgment or final order in chronological order
 Include copies of only such pleadings, petitions, motions and all interlocutory orders
 Within 15 days from notice of judgment or final order appealed from for proper understanding of issue involved
 Within 30 days from notice of judgment or final order if needed to file notice of appeal  Data showing that appeal was perfected on time
+ RECORD ON APPEAL  If ISSUE OF FACT is to be raised on appeal:
 Within 48 hours from notice of judgment or final order appealed from if appeal in o Include by reference all evidence, testimonial and documentary taken

HABEAS CORPUS case upon the issue involved

 Period of appeal will be INTERRUPTED by a timely motion for NT/R o Reference should specify the documentary evidence by exhibit numbers
 Motion for extension of time to file is not allowed or letters in chronological order
 o Testimonial evidence by names of corresponding witnesses o Permit appeals of indigent litigants
 If WHOLE TESTIMONIAL and DOCUMENTARY EVIDENCE is to be included: o Order execution pending appeal
o A statement to that effect is sufficient o Allow withdrawal of appeal
o No need to mention names of witnesses or exhibit numbers / letters
 Every record on appeal exceeding 20 pages must contain a subject index SEC. 10: DUTY OF CLERK OF COURT OF LOWER COURT UPON PERFECTION OF
APPEAL:

 Within 30 days after perfection of all appeals:

1. Verify the correctness of the original record or the record on appeal, make a
SEC. 7: APPROVAL OF RECORD ON APPEAL: certification of its correctness
2. Verify the completeness of the records that will be transmitted to the appellate
 Upon filing of record on appeal for approval: court
o If no objection is filed by appellee within 5 days from receipt of copy 3. If incomplete: take such measures as may be required to complete the records,
o Trial court may approve it as presented
availing of the authority that he or the court may exercise for this purpose
o Or upon its own motion or at the instance of the appellee
4. Transmit the records to the appellate court
 Can direct amendment by the inclusion of any omitted matters which are deemed 5. If efforts to complete the records fail:
essential to determine the issue of law or fact involved a. Indicate in his letter of transmittal the exhibits or transcripts not
 If trial court orders the amendment of record: included in the records being transmitted to the appellate court
o Appellant shall redraft the record by including additional matters as the court may b. Indicate reasons for non-transmittal
have directed him to incorporate, in chronological order c. Indicate steps taken or that could be taken to have them available
o Submitted redrafted record for approval, upon notice to the appellee 6. Copy-furnish parties
o Must be done within the time limited in the order or when such extension is
SEC. 11: TRANSCRIPT:
granted
o Or if no time is fixed: within 10 days from receipt  Upon perfection of appeal:
o Clerk shall immediately direct the stenographers to attach to the record of the
SEC. 8: JOINT RECORD ON APPEAL:
case 5 COPIES of the transcripts of the testimonial evidence
 Where both parties are appellants: o Stenographers will transcribe such testimonial evidence
o May file a joint record on appeal o Will prepare and affix to their transcripts an index containing the names of
o Within the time fixed in Sec. 3 or that fixed by the court witnesses and the page wherein their testimonies are found
o List of exhibits and the pages wherein each of them appears to have been
SEC. 9: EFFECT OF PERFECTION OF APPEAL:
offered and admitted or rejected by the trial court
o Transcripts will be transmitted to the clerk of trial court who will arrange the
 Appeal by NOTICE OF APPEAL:
o Deemed perfected: upon FILING of notice of appeal in due time same in the order which the witnesses testified at the trial and number the
o Court loses jurisdiction: OVER THE CASE upon perfection of appeals filed in due pages consecutively
time and the expiration of time to appeal of other parties
 Appeal by RECORD ON APPEAL: SEC. 12: TRANSMITTAL:
o Deemed perfected: upon APPROVAL of the record on appeal filed in due time
o Court loses jurisdiction: ONLY OVER THE SUBJECT MATTER upon approval of  Clerk will transmit to appellate court
 Within 30 days from perfection of appeal
record on appeal filed in due time and expiration of time to appeal of other
 Together with the proof of payment
parties  Certified true copy of the minutes of proceedings
 In either case:  Order of approval
o Prior to the transmittal of the original record or record on appeal  Certificate of correctness
o Court may issue orders for the protection and preservation of the rights of  Original documentary evidence referred to
the parties which do not involve any matter of litigated by the appeal  Original and 3 copies of transcripts
o Approve compromises
 Copies of transcripts and certified true copies of the documentary evidence will
remain in the lower court for examination of parties.

SEC. 13: DISMISSAL OF APPEAL:

 Prior to transmittal, court may motu proprio, or on motion, dismiss appeal for non-
payment of docket and other lawful fees within the reglementary period

SEC. 42: PETITION FOR REVIEW FROM THE REGIONAL TRIAL COURTS

SEC. 1: HOW APPEAL IS TAKEN; TIME FOR FILING:

 If party wants to appeal from RTC (appellate jurisdiction) to CA

o File verified PETITION FOR REVIEW
o Pay docket and other lawful fees
o Deposit 500.00 for costs
o Copy furnish petition to RTC and adverse party
 Filed and served within 15 DAYS from notice of decision
 Sought to be reviewed or of denial of petitioner’s motion for NT/R filed in due time
after judgment
 Upon proper motion and payment of fees, CA can grant additional period of 15 days
to file petition for review
 No extension to for time to file is allowed
o XPN: for compelling reasons
o Should also not exceed 15 days