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MELICOR, JOREYNA MAE

PRACTICE COURT 2015

MODES OF APPEAL

Courts

Modes of Appeal

Where and When filed

Required Pleadings/ Documents

MTC to RTC

Notice of Appeal
(Rule 40)

Filed with the court of origin


(MTC) within 15days from
receipt of the notice of the
judgment or final order
appealed from

Appellants
Memorandum
Appellees
Memorandum

-15 days
-15 days
From receipt
of notice from
clerk of court
of the
completeness
of the record

RTC (exercising original


jurisdiction) to CA

Notice of Appeal
(Rule 41)

Filed with the court a quo


(RTC) within 15 days from
receipt of the notice of the
judgment or final order
appealed from

Appellants Brief

-45 days if
civil case
-30 days if
crim case
-45/30

Appellees Brief

From reciept
of notice of
the clerk that
all evidence,
oral &
documentary
are attached to
the record
Appellants Reply
Brief (Optional)

- 20 days

MELICOR, JOREYNA MAE


PRACTICE COURT 2015

RTC (exercising appellate


jurisdiction) to CA

Petition for Review


under Rule 42
(Special Appeal)

Filed with the Court of


Appeals for questions of law
or fact or both, within 15
days from receipt of notice of
th decision sought to be
reviewed or of the denial of
petitioners motion for new
trial or reconsideration filed
in due time after judgment
*CA may grant an additional
15 days but no further
extension except for most
compelling reason & such
does not exceed 15 days

Petition for Review -15 days


-10 days
Comment by
Respondent
Reply
(if the petition is
given due course)
Oral Arguments or -15 days
Memoranda of
parties

RTC (exercising original


jrisdiction) to SC

Petition for Review


on Certiorari under
Rule 45

Filed with the Supreme Court


raising only questions of law;
within 15 days from notice of
the judgment or final order or
resolution appealed from, or
of denial of petitioners
motion for new trial or
reconsideration filed in due
time after notice of the
judgment
*SC may grant extension of
30 days for justifiable reasons

Verified Petition
-15 days
for Review on
certiorari
*SC may allow the
filing of pleadings,
brief, memoranda or
documents as it may
deem necessary
*if petition is given due
course, SC may require
the elevation of the
complete record of the
case or specified parts
thereof within 15 days
from notice

MELICOR, JOREYNA MAE


PRACTICE COURT 2015

Verified Petition
-15 days
for Review on
certiorari
*SC may allow the
filing of pleadings,
brief, memoranda or
documents as it may
deem necessary
*if petition is given due
course, SC may require
the elevation of the
complete record of the
case or specified parts
thereof within 15 days
from notice

CA to SC (CRIM)
(penalty is less than death,
Reclusion Perpetua, Life
Imprisonment)

Petition for Review


on Certiorari under
Rule 45

Filed with the Supreme Court


raising only questions of law;
within 15 days from notice of
the judgment or final order or
resolution appealed from, or
of denial of petitioners
motion for new trial or
reconsideration filed in due
time after notice of the
judgment
*SC may grant extension of
30 days for justifiable reasons

RTC to CA(CRIM)
(penalty is Reclusion Perpetua
or Life Imprisonment)

Notice of Appeal

Filed with the Court of


Memoranda or
Appeals within 15 days from
briefs **
promulgation of the judgment
or from notice of the final
order appealed from

CA to SC (CRIM)
(penalty is Reclusion Perpetua
or Life Imprisonment)

Notice of Appeal

Appealed to SC but Notice of **uniform procedure


Appeal is filed with CA
Within 15 days from
promulgation of the judgment
or from notice of the final
order appealed from

-15 days
From receipt
of notice from
clerk of court
of the
completeness
of the record