RULE 41 Section 3. Period of ordinary appeal.

— The appeal shall

be taken within fifteen (15) days from notice of the
Appeal From the Regional Trial Courts
judgment or final order appealed from. Where a record on
Section 1. Subject of appeal. — An appeal may be taken appeal is required, the appellant shall file a notice of
from a judgment or final order that completely disposes of appeal and a record on appeal within thirty (30) days from
the case, or of a particular matter therein when declared notice of the judgment or final order.
by these Rules to be appealable.
The period of appeal shall be interrupted by a timely
No appeal may be taken from: motion for new trial or reconsideration. No motion for
extension of time to file a motion for new trial or
(a) An order denying a motion for new trial or reconsideration shall be allowed. (n)
reconsideration;
Section 4. Appellate court docket and other lawful fees.
(b) An order denying a petition for relief or any similar — Within the period for taking an appeal, the appellant
motion seeking relief from judgment; shall pay to the clerk of the court which rendered the
(c) An interlocutory order; judgment or final order appealed from, the full amount of
the appellate court docket and other lawful fees. Proof of
(d) An order disallowing or dismissing an appeal; payment of said fees shall be transmitted to the appellate
(e)An order denying a motion to set aside a judgment by court together with the original record or the record on
consent, confession or compromise on the ground of appeal. (n)
fraud, mistake or duress, or any other ground vitiating Section 5. Notice of appeal. — The notice of appeal shall
consent; indicate the parties to the appeal, specify the judgment or
(f) An order of execution; final order or part thereof appealed from, specify the court
to which the appeal is being taken, and state the material
(g) A judgment or final order for or against one or more of dates showing the timeliness of the appeal. (4a)
several parties or in separate claims, counterclaims, cross-
claims and third-party complaints, while the main case is Section 6. Record on appeal; form and contents thereof.
pending, unless the court allows an appeal therefrom; and — The full names of all the parties to the proceedings shall
be stated in the caption of the record on appeal and it shall
(h) An order dismissing an action without prejudice. include the judgment or final order from which the appeal
is taken and, in chronological order, copies of only such
In all the above instances where the judgment or final
pleadings, petitions, motions and all interlocutory orders
order is not appealable, the aggrieved party may file an
as are related to the appealed judgment or final order for
appropriate special civil action under Rule 65. (n)
the proper understanding of the issue involved, together
Section 2. Modes of appeal. — with such data as will show that the appeal was perfected
on time. If an issue of fact is to be raised on appeal, the
(a) Ordinary appeal. — The appeal to the Court of Appeals
record on appeal shall include by reference all the
in cases decided by the Regional Trial Court in the exercise
evidence, testimonial and documentary, taken upon the
of its original jurisdiction shall be taken by filing a notice of
issue involved. The reference shall specify the
appeal with the court which rendered the judgment or
documentary evidence by the exhibit numbers or letters
final order appealed from and serving a copy thereof upon
by which it was identified when admitted or offered at the
the adverse party. No record on appeal shall be required
hearing, and the testimonial evidence by the names of the
except in special proceedings and other cases of multiple
corresponding witnesses. If the whole testimonial and
or separate appeals where law on these Rules so require.
documentary evidence in the case is to be included, a
In such cases, the record on appeal shall be filed and
statement to that effect will be sufficient without
served in like manner.
mentioning the names of the witnesses or the numbers or
(b) Petition for review. — The appeal to the Court of letters of exhibits. Every record on appeal exceeding
Appeals in cases decided by the Regional Trial Court in the twenty (20) pages must contain a subject index. (6a)
exercise of its appellate jurisdiction shall be by petition for
Section 7. Approval of record on appeal. — Upon the
review in accordance with Rule 42.
filing of the record on appeal for approval and if no
(c) Appeal by certiorari. — In all cases where only objection is filed by the appellee within five (5) days from
questions of law are raised or involved, the appeal shall be receipt of a copy thereof, the trial court may approve it as
to the Supreme Court by petition for review on certiorari presented or upon its own motion or at the instance of the
in accordance with the Rule 45. (n) appellee, may direct its amendment by the inclusion of any
omitted matters which are deemed essential to the
determination of the issue of law or fact involved in the
appeal. If the trial court orders the amendment of the (d) To transmit the records to the appellate court.
record, the appellant, within the time limited in the order,
If the efforts to complete the records fail, he shall indicate
or such extension thereof as may be granted, or if no time
in his letter of transmittal the exhibits or transcripts not
is fixed by the order within ten (10) days from receipt
included in the records being transmitted to the appellate
thereof, shall redraft the record by including therein, in
court, the reasons for their non-transmittal, and the steps
their proper chronological sequence, such additional
taken or that could be taken to have them available.
matters as the court may have directed him to
incorporate, and shall thereupon submit the redrafted The clerk of court shall furnish the parties with copies of
record for approval, upon notice to the appellee, in like his letter of transmittal of the records to the appellate
manner as the original draft. (7a) court. (10a)
Section 8. Joint record on appeal. — Where both parties Section 11. Transcript. — Upon the perfection of the
are appellants, they may file a joint record on appeal appeal, the clerk shall immediately direct the
within the time fixed by section 3 of this Rule, or that fixed stenographers concerned to attach to the record of the
by the court. (8a) case five (5) copies of the transcripts of the testimonial
evidence referred to in the record on appeal. The
Section 9. Perfection of appeal; effect thereof. — A
stenographers concerned shall transcribe such testimonial
party's appeal by notice of appeal is deemed perfected as
evidence and shall prepare and affix to their transcripts an
to him upon the filing of the notice of appeal in due time.
index containing the names of the witnesses and the pages
A party's appeal by record on appeal is deemed perfected wherein their testimonies are found, and a list of the
as to him with respect to the subject matter thereof upon exhibits and the pages wherein each of them appears to
the approval of the record on appeal filed in due time. have been offered and admitted or rejected by the trial
court. The transcripts shall be transmitted to the clerk of
In appeals by notice of appeal, the court loses jurisdiction
the trial court who shall thereupon arrange the same in
over the case upon the perfection of the appeals filed in
the order in which the witnesses testified at the trial, and
due time and the expiration of the time to appeal of the
shall cause the pages to be numbered consecutively. (12a)
other parties.
Section 12. Transmittal. — The clerk of the trial court shall
In appeals by record on appeal, the court loses jurisdiction
transmit to the appellate court the original record or the
only over the subject matter thereof upon the approval of
approved record on appeal within thirty (30) days from the
the records on appeal filed in due time and the expiration
perfection of the appeal, together with the proof of
of the appeal of the other parties.
payment of the appellate court docket and other lawful
In either case, prior to the transmittal of the original fees, a certified true copy of the minutes of the
record or the record on appeal, the court may issue orders proceedings, the order of approval, the certificate of
for the protection and preservation of the rights of the correctness, the original documentary evidence referred to
parties which do not involve any matter litigated by the therein, and the original and three (3) copies of the
appeal, approve compromises, permit appeals of indigent transcripts. Copies of the transcripts and certified true
litigants, order execution pending appeal in accordance copies of the documentary evidence shall remain in the
with 2 of Rule 39, and allow withdrawal of the appeal. (9a) lower court for the examination of the parties. (11a)

Section 10. Duty of clerk of court of the lower court upon Section 13. Dismissal of appeal. — Prior to the transmittal
perfection of appeal. — Within thirty (30) days after of the original record or the record on appeal to the
perfection of all the appeals in accordance with the appellate court, the trial court may motu propio or on
preceding section, it shall be the duty of the clerk of court motion dismiss the appeal for having been taken out of
of the lower court: time. (14a)

(a) To verify the correctness of the original record or the

record on appeal, as the case may be aid to make
certification of its correctness;

(b) To verify the completeness of the records that will be,

transmitted to the appellate court;

(c) If found to be incomplete, to take such measures as

may be required to complete the records, availing of the
authority that he or the court may exercise for this
purpose; and