report civ proc

8/18/2019 Report Civ Proc

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Section 1. Subject of appeal. — An appealmay be taken from a judgment or nal order

that completely disposes of the case, or of aparticular matter therein when declared bythese Rules to be appealable.

No appeal may be taken from:a!An order denying a motion for new trial orreconsideration"

b! An order denying a petition for relief orany similar motion seeking relief from

judgment"

c! An interlocutory order"


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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 anyother ground #itiating consent"

f! An order of e$ecution"

g! A judgment or nal order for or against oneor more of se#eral parties or in separate claims,counterclaims, cross%claims and third%partycomplaints, while the main case is pending,unless the court allows an appeal therefrom" and

h! An order dismissing an action withoutprejudice.&n all the abo#e instances where the judgment or


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Section 2. Modes of appeal. —

(a)Ordinary appeal. — )he appeal to the *ourtof Appeals in cases decided by the Regional

)rial *ourt in the e$ercise of its original jurisdiction shall be taken by ling a notice of

appeal with the court which rendered the judgment or nal order appealed from andser#ing a copy thereof upon the ad#erse party.No record on appeal shall be re+uired e$cept

in special proceedings and other cases ofmultiple or separate appeals where law onthese Rules so re+uire. &n such cases, therecord on appeal shall be led and ser#ed in

like manner.


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b! Petition for review. — )he appeal to the*ourt of Appeals in cases decided by the

Regional )rial *ourt in the e$ercise of itsappellate jurisdiction shall be by petitionfor re#iew in accordance with Rule -.

c! Appeal by certiorari. — &n all cases

where only +uestions of law are raised orin#ol#ed, the appeal shall be to theupreme *ourt by petition for re#iew

on certiorari in accordance with the Rule(.


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Section 3. Period of ordinary appeal. — )he appeal shall be taken within fteen

0(! days from notice of the judgment ornal order appealed from. 1here arecord on appeal is re+uired, the

appellant shall le a notice of appeal anda record on appeal within thirty 23! daysfrom notice of the judgment or nal

order.

)he period of appeal shall be interruptedby a timely motion for new trial orreconsideration. No motion for e$tension


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Section 4. Appellate court docket andother lawful fees. — 1ithin the period

for taking an appeal, the appellantshall pay to the clerk of the courtwhich rendered the judgment or nal

order appealed from, the full amountof the appellate court docket and otherlawful fees. 4roof of payment of said

fees shall be transmitted to theappellate court together with theoriginal record or the record on appeal.


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Section 5. Notice of appeal. — )he

notice of appeal shall indicate theparties to the appeal, specify the

judgment or nal order or part

thereof appealed from, specify thecourt to which the appeal is beingtaken, and state the material datesshowing the timeliness of theappeal.


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Section . Record on appeal" for andcontents thereof! — )he full names of all the

parties to the proceedings shall be stated inthe caption of the record on appeal and itshall include the judgment or nal orderfrom which the appeal is taken and, in

chronological order, copies of only suchpleadings, petitions, motions and allinterlocutory orders as are related to theappealed judgment or nal order for theproper understanding of the issue in#ol#ed,together with such data as will show that theappeal was perfected on time. &f an issue of

fact is to be raised on appeal, the record ona eal shall include b reference all the


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)he reference shall specify thedocumentary e#idence by the e$hibit

numbers or letters by which it was identiedwhen admitted or o5ered at the hearing, andthe testimonial e#idence by the names of thecorresponding witnesses. &f the whole

testimonial and documentary e#idence in thecase is to be included, a statement to thate5ect will be su6cient without mentioningthe names of the witnesses or the numbers orletters of e$hibits. 7#ery record on appeale$ceeding twenty -3! pages must contain asubject inde$.


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Section !. Approval of record on

appeal. — 8pon the ling of the recordon appeal for appro#al and if noobjection is led by the appellee within#e (! days from receipt of a copy

thereof, the trial court may appro#e itas presented or upon its own motion orat the instance of the appellee, may

direct its amendment by the inclusionof any omitted matters which aredeemed essential to the determination

of the issue of law or fact in#ol#ed in


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&f the trial court orders the amendment

of the record, the appellant, within the timelimited in the order, or such e$tensionthereof as may be granted, or if no time is$ed by the order within ten 03! days from

receipt thereof, shall redraft the record byincluding therein, in their properchronological se+uence, such additionalmatters as the court may ha#e directed him

to incorporate, and shall thereupon submitthe redrafted record for appro#al, uponnotice to the appellee, in like manner as theoriginal draft.


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Section ". "oint record on appeal.— 1here both parties areappellants, they may le a jointrecord on appeal within the time$ed by section 2 of this Rule, orthat $ed by the court.


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Section #. Perfection of appeal" e#ectthereof! — A party9s appeal by notice of

appeal is deemed perfected as to himupon the ling of the notice of appeal indue time.A party9s appeal by record on appeal isdeemed perfected as to him with respectto the subject matter thereof upon theappro#al of the record on appeal led in

due time.

&n appeals by notice of appeal, the court

loses jurisdiction o#er the case upon the


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Section 1$. $uty of clerk of court of thelower court upon perfection of appeal. —

1ithin thirty 23! days after perfection of allthe appeals in accordance with the precedingsection, it shall be the duty of the clerk ofcourt of the lower court:

a!)o #erify the correctness of the originalrecord or the record on appeal, as the casemay be aid to make certication of its

correctness"

b! )o #erify the completeness of the recordsthat will be, transmitted to the appellate

court"


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c! &f found to be incomplete, to take

such measures as may be re+uired tocomplete the records, a#ailing of theauthority that he or the court maye$ercise for this purpose" and

d! )o transmit the records to theappellate court.

&f the e5orts to complete the recordsfail, he shall indicate in his letter oftransmittal the e$hibits or transcripts

not included in the records being


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&f the e5orts to complete the records fail,

he shall indicate in his letter of transmittalthe e$hibits or transcripts not included inthe records being transmitted to the

appellate court, the reasons for their non%transmittal, and the steps taken or thatcould be taken to ha#e them a#ailable.

)he clerk of court shall furnish the partieswith copies of his letter of transmittal ofthe records to the appellate court.


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Section 11. %ranscript . — 8pon the perfection of theappeal, the clerk shall immediately direct the

stenographers concerned to attach to the record ofthe case #e (! copies of the transcripts of thetestimonial e#idence referred to in the record onappeal. )he stenographers concerned shall transcribesuch testimonial e#idence and shall prepare and a6$

to their transcripts an inde$ containing the names ofthe witnesses and the pages wherein theirtestimonies are found, and a list of the e$hibits andthe pages wherein each of them appears to ha#e

been o5ered and admitted or rejected by the trialcourt.

)he transcripts shall be transmitted to the clerk of thetrial court who shall thereupon arrange the same inthe order in which the witnesses testied at the trial,


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Section 12. %ransittal. — )he clerk of thetrial court shall transmit to the appellate

court the original record or the appro#edrecord on appeal within thirty 23! days fromthe perfection of the appeal, together withthe proof of payment of the appellate court

docket and other lawful fees, a certied truecopy of the minutes of the proceedings, theorder of appro#al, the certicate ofcorrectness, the original documentary

e#idence referred to therein, and the originaland three 2! copies of the transcripts.*opies of the transcripts and certied truecopies of the documentary e#idence shallremain in the lower court for the e$amination


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Section 13. $isissal of appeal. —

4rior to the transmittal of the originalrecord or the record on appeal to theappellate court, the trial courtmay otu propio or on motiondismiss the appeal for ha#ing beentaken out of time.


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report civ proc

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