Rule 42

Question 1

APPLICATION OF RULE 42:

Answer 1

It applies to an appeal from the judgment or final order of the RTC to the CA in cases decided by the former in the exercise of its appellate jurisdiction. (Guzman vs. Guzman, 693 SCRA 318)

Question 2

WHEN TO APPEAL rule 42:

Answer 2

Appeal shall be made within 15 days from the notice of the decision sought to be reviewed or of the denial of the petitioner’s motion for new trial or reconsideration filed in due time after judgment. The court may grant an additional period of 15 days only provided the extension is sought (a) upon proper motion, and (b) payment of the full amount of the docket and other lawful fees and the deposit for costs before the expiration of the reglementary period. No further extension shall be granted except for the most compelling reason and in no case to exceed 15 days. (Sec. 1, Rule 42, Go vs. BPI Finance, GR no. 199354, June 26, 2013)

Question 3

EFFECT OF PERFECTION OF APPEAL under Rule 42:

Answer 3

. - (a) Upon the timely filing of a petition for review and the payment of the corresponding docket and other lawful fees, the appeal is deemed perfected as to the petitioner.
- The Regional Trial Court loses jurisdiction over the case upon the perfection of the appeals filed in due time and the expiration of the time
to appeal of the other parties. ‘

Question 4

What orders may be issued by the FTC prior to transmitted of records to the Ca?

Answer 4

issue orders for the protection and ‘
preservation of the rights of the parties which
do not involve any matter litigated by the
appeal, approve compromises, permit appeals
of indige nt litigants, order execution pending
appeal in accordance with section 2 of Rule 39,
and allow withdrawal of the appeal.