HOW TO APPEAL (Sec. 3)
The aggrieved party will file a notice of appeal [1] and of course pay the appellate court docket fees.[2]
In some instances, the aggrieved party is required to file a record of appeal. [3]
The payment of appellate court docket fees is jurisdictional.
Q: Is a motion to dismiss allowed in a pending case for unlawful detainer?
A: NO. A case for unlawful detainer is a summary procedure [4] which prohibits a motion to dismiss
unless the ground is lack of jurisdiction or absence of prior Barangay conciliation. [5]
Q: If the inferior court grants a motion to dismiss based on lack of jurisdiction over the subject matter, which is a dismissal is without prejudice, can the order of dismissal be appealed?
A: YES. Although the general rule under Rule 41 is that no appeal may be taken from an order dismissing
an action without prejudice.[6] However, Rule 40 states that if the RTC affirms the dismissal made by
the inferior court, it is the duty of the RTC to assume jurisdiction over the case. [7]
In unlawful detainer decided by an inferior court, there could be an appeal to the RTC on both factual and legal questions. Whenever the mode of appeal used is ordinary appeal, the appeal is a matter of right.
1 Rule 40, Section 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. xxx
2 Rule 40, Section 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. (n)
3 Rule 50, Section 3. xxx A record on appeal shall be required only in special proceedings and in other cases of multiple
or separate appeals. xxx
4 Revised Rules on Summary Procedure - Section 1. Scope. — This rule shall govern the summary procedure in the
Metropolitan Trial Courts, the Municipal Trial Courts in Cities, the Municipal Trial Courts, and the Municipal Circuit Trial Courts in the following cases falling within their jurisdiction: xxx (1) All cases of forcible entry and unlawful detainer, irrespective of the amount of damages or unpaid rentals sought to be recovered. Where attorney's fees are awarded, the same shall not exceed twenty thousand pesos (P20,000.00).
5 Revised Rules on Summary Procedure - Sec. 19. Prohibited pleadings and motions. — The following pleadings,
motions or petitions shall not be allowed in the cases covered by this Rule: xxx (a) Motion to dismiss the complaint or to quash the complaint or information except on the ground of lack of jurisdiction over the subject matter, or failure to comply with the preceding section (Barangay Conciliation);
6 Rule 41, Section 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. xxx No appeal may be taken from: xxx (h) An order dismissing an action without prejudice.
7 Rule 41, Section 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. (n)
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Q: Before the RTC as an appellate court, since the appeal by the losing party is a matter of right, can the RTC also order the dismissal of the appeal because the appellant has violated certain orders or provisions of the Rules of Court?
A: YES. The losing party as an appellant should also obey the orders of the RTC such as the submission of an appeal memorandum.[1]
Q: If the RTC renders its own decision, can there be a second appeal?
A: YES. The appeal from the RTC as an appellate court to the CA is an appeal via petition for review
under Rule 42. A second appeal is generally a matter of discretion.
The second mode of appeal, governed by Rule 42 of the Rules, is brought to the CA on questions of fact, of law, or mixed questions of fact and of law.[2]
Q: From the CA, do we allow a third appeal?
A: YES. A third appeal to the SC via petition for review on certiorari under Rule 45 raising only pure
questions of law is always a matter of discretion in a civil case.
Q: Can a Trial Court exercising original jurisdiction file a notice of appeal directly to the Supreme Court?
A: NO. The only mode of appeal that is allowed in civil cases with the Supreme Court is Rule 45 that is petition for review on certiorari or appeal by certiorari.
Q: If the proper remedy is a petition for review on certiorari under Rule 45, but appellant in avertedly calls his petition simply a petition for certiorari under Rule 65, will the Supreme Court dismiss the petition?
A: NO. The Supreme Court said, after all the contents of a petition for certiorari under Rule 65 are
exactly the same as the contents of petition for review on certiorari under Rule 45.[3]
However, the Supreme Court cautioned parties that petition for certiorari, although in fact it should be a petition for review on certiorari, should be filed within the time given for petition for review on certiorari, which is within a period of 15 days and not 60 days as provided by Rule 65. [4] Otherwise the
appeal will be dismissed.[5]
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1 Rule 40, Section 7. Procedure in the Regional Trial Court. — (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
2 Far Eastern Surety and Insurance Co. v. People of the Philippines (November 20,2013) 3 Oaminal v. Castillo (2003)
4 Rule 65, Section 4. When and where petition filed. — The petition shall be filed not later than sixty (60) days from
notice of the judgment, order or resolution. In case a motion for reconsideration or new trial is timely filed, whether such motion is required or not, the sixty (60) day period shall be counted from notice of the denial of said motion.
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RULE 43
APPEALS FROM THE COURT OF TAX APPEALS AND