Rule 40

Question 1

What is appealed in rule 40?

Answer 1

Appeal from Judgments or final orders of the MTCs, MeTCs, and MCTCs:

Question 2

WHERE TO APPEAL FROM A JUDGMENT OR FINAL ORDER OF A MUNICIPAL COURT:

Answer 2

An appeal from a judgment or final order of a MTC mat be taken to the RTC exercising. jurisdiction over the area to which the former pertai. (Sec. 1, Rule 40)

Question 3

WHEN TO APPEAL:

Answer 3

Within 15 days after notice to the appellant of the judgment or final orde appealed from (Sec. 2, Rule 40)
- Where a record on appeal is required, the appellant shall file a notice of appeal and a record on appeal within 30 days after notice of the judgment or final order. (sec. 2, Rule 40).
- A record on appeal shall be required only in special proceedings and in cases of multiple or separate appeals. (Sec. 3, Rule 40)

Question 4

CONTENTS OF NOTICE OF APPEAL under rule 40:

Answer 4

a. Indicate the parties to the appeal;
b. The judgment or final order or part thereof
appealed from; and
c. State the material dates showing the timeliness
of the appeal (Sec. 3, Rule 40)

Question 5

HOW TO APPEAL under rule 40:

Answer 5

• Appeal is taken by the following: (a) By filing a notice of appeal and record of appeal, where appropriate, with the court that rendered the judgment or final order appealed from; and (b) By serving a copy of the notice and record on the adverse party. (Sec. 3, Rule 40)
• Therefore, if the judgment was rendered by the MeTC, the notice of appeal must be filed with said court, not with the RTC. (Sec. 3, Rule 40)
• 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 lawfl 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. 5, Rule 40)
• Within 15 days from the perfection of the appeal, the clerk of court of the lower court shall transmit the original record or the record on appeal, together with transcripts and exhibits, which he shall certify as complete, to the proper RTC. (Sec. 6, Rule 40)

Question 6

DUTY OF THE CLERK OF COURT OF THE RTC under rule 4o:

Answer 6

Upon receipt of the complete record or the record on appeal, the clerk of court of the RTC shall notify the parties of such fact. (Sec. 7(a), Rule 40)

Question 7

What is the effect of failure of the appellant to submit a memorandum?

Answer 7

For the appellant, the filing of a memorandum is vital to his appeal. Failure to file shall be ground for the dismissal of the appeal. The memorandum shall briefly discuss the errors imputed to the lower court. The appellee may (if he so desires) file his memorandum within 15 days from receipt of the appellant’s memorandum. (Sec. 7(b), Rule 40)

Question 8

What is the effect of non submission of memorandumby the appall?

Answer 8

The case shall be submitted for decision

Question 9

WHEN CASE IS DEEMED SUBMITTED FOR DECISION:

Answer 9

The case shall be considered submitted for decision upon the filing of the memorandum of the appellee, or the expiration of the period to do so. (Sec. 7(c), Rule 40)