RULE 39SEC.9: EXECUTION OF JUDGMENT OF MONEY, HOW ENFORCED:A. IMMEDIATE PAYMENT ON DEMAND: Officer will enforce execution from judgment obligor (JOR) for immediate payment of FULL amount & lawful fees This is stated in the WRIT OF EXECUTION JOR will pay in cash, certified bank check / another other acceptable form of payment payable to judgment obligee (JOE) Lawful fees handed through proper receipt to EXECUTING SHERIFF Sheriff will turn over said amount WITHIN THE SAME DAY to CoC of court that issued writ If JOE / his rep is not present, payment will be made to sheriff Sheriff will turn over all amounts within the same day to CoC If not practicable, deposit to fiduciary account in the nearest government depository bank of RTC CoC will arrange for the remittance of deposit to account of court CoC will deliver said payment to JOE Excess will be delivered to JOR Lawful fees will be retained by CoC Sheriff CANNOT demand that payment by check may be made payable to himB. SATISFACTION BY LEVY: LEVY officer sets apart or whole of the property of JOR for purposes of execution sale If susceptible of appropriation, officer removes and takes property for safekeeping or placed under sheriffs guards Sale of property is VOID if no valid levy is made JOR must be served with NOTICE OF LEVY If no notice is served, defect is cured by service of NOTICE OF SALE prior to sale If JOR cannot pay all / part in cash Officer will levy upon JORs properties that can be disposed & not exempt from execution JOR has the option to choose which property can be levied upon If JOR does not choose, officer shall FIRST: levy on PERSONAL properties, then SECOND: REAL properties Sheriff will only sell a sufficient portion of personal / real property Real property, stocks, shares, debts, credits & other personal property can be levied upon through a WRIT OF ATTACHMENT

C. GARNISHMENT OF DEBTS & CREDITS: GARNISHMENT act of appropriation of property INVOLVING MONEY by the court when property of debtor is in the hands of 3rd persons This merely sets apart such funds but does not constitute the creditor as owner of garnished property Not a violation of RA 1405 because it doesnt involve an inquiry of such deposit Officer can levy on debts & credits of JOR Includes: bank deposits, financial interests, royalties, commissions, other personal property not capable of manual delivery in the possession of 3rd parties Made by serving notice upon the person owing such debts or having in his possession such credits Garnishment will cover only the amount & lawful fees Garnishee will make a written report to court WITHIN 5 DAYS from service of the notice of garnishment States whether or not JOR has sufficient funds If not: state amount of funds available Cash or check issued in the name of the JOE will be delivered directly to JOE WITHIN 10 WORKING DAYS from service of notice Lawful fees will be paid directly to court If there are 2 or more garnishees, JOR have the option to indicate the garnishee/s who will deliver If JOR does not choose, JOE will choose the garnishee/sSEC. 10: EXECUTION OF JUDGMENT FOR SPECIFIC ACTS:A. CONVEYANCE, DELIVERY OF DEEDS, OR OTHER SPECIFIC ACTS; VESTING TITLE: Judgment directs a party to execute a conveyance of land or personal property / deliver deeds or documents / perform specific act If party fails to comply within specified time: court can direct the act to be done at the cost of disobedient party Court will appoint a person for act to be done For real properties in the PH court can order divest of title from one party to another (will have the same effect of conveyance)B. SALE OF REAL / PERSONAL PROPERTY: Judgment will state to sell property, describing it and apply the proceeds in conformity with judgmentC. DELIVERY / RESTITUTION OF REAL PROPERTY: Officer will demand the person against whom judgment of delivery / restitution is rendered & all persons claiming rights under him to peaceably VACATE PROPERTY WITHIN 3 WORKING DAYS To restore possession to the JOE Otherwise, officer will oust all persons with assistance Costs, damages, rents / profits awarded by the judgment shall be satisfied in the same manner as judgment for moneyD. DELIVERY OF PERSONAL PROPERTY: Officer will take possession of same Deliver it to party entitled Satisfy any judgment for moneyNOTES: Specific acts are those in connection with the directive to party to execute a conveyance of land / deliver deeds or documents Court doesnt have to enter judgment for such purpose B-D: all involve performance of particular acts directed by a judgment If party refuses, contempt is not proper remedy REMEDY: sheriff will oust party from property If demolition is involved: should have hearing on motion and due notice for issuance of a special order under sec. 14 WRIT OF EXECUTION directing sheriff to cause defendant to vacate is in the nature of a HABERE FACIAS POSSESSIONEM Authorizes sheriff without need for securing a break open orderSEC. 11: EXECUTION OF SPECIAL JUDGMENTS Requires performance of any act OTHER THAN payment of money / delivery of real / personal property Certified copy of judgment will be attached to the writ of execution Disobedience: punishable by CONTEMPT SEC. 10: directs party to convey land, refusal to comply: court can appoint someone else to do the act for that person, not contemptSEC. 12: EFFECT OF LEVY ON EXECUTION AS TO 3RD PERSONS Will create a lien in favor of the JOE over the right, title and interest of JOR in such property at the time of levy, subject to liens and encumbrances then existing Attachment duly annotated on a certificate of title is SUPERIOR to the right of a prior but unregistered buyer It takes precedence over a notice of lis pendens which does not even create a lien Act of registration is an operative act to convey or affect the land insofar as 3rd persons are concerned Deemed to have constructive noticeSEC. 13: PROPERTY EXEMPT FROM EXECUTION1. Family home, homestead, land necessarily used in connection therewith2. Ordinary tools and implements used in trade, employment, or livelihood3. 3 horses, cows, carabaos, or other beast of burden necessarily used in his ordinary occupation4. Necessary clothing and articles for ordinary personal use, except jewelry5. Household furniture & utensils for housekeeping LESS than 100K6. Provisions for individual or family use sufficient for 4 months7. Professional libraries and equipment8. 1 fishing boat & accessories LESS than 100K used in livelihood9. Salaries, wages, or earnings to support family within 4 months preceding levy10. Letter gravestones11. Monies, benefits, privileges, or annuities accruing out of any life insurance12. Properties specially exempt from executionOTHERS:1. Property mortgaged to DBP2. Property taken over by alien property administration3. Savings of national prisoners deposited with postal savings bank4. Backpay of pre-war civilian employees5. Philippine government backpay to guerrillas6. Produce, work animals, and farm implements of agricultural lessees, subject to limitations7. Benefits from private retirement systems of companies and establishments, w/ limitations8. Labor wages, except for debts incurred for food, shelter, clothing, and medical attendance9. Benefit payments from SSS10. Copyrights and other rights in intellectual property under the former copyright law11. Bonds issued under RA 1000NOTES: Exemptions cannot be claimed if the judgment is for recovery of unpaid price of the article involved or for the foreclosure of a mortgage thereon Exemptions must be claimed otherwise they are deemed waived It is not the duty of the sheriff to set off the exemptions on his own initiative Usufructuary right of a widow over a lot is not a homestead, therefore not exemptSEC. 14: RETURN OF WRIT OF EXECUTION Writ is returnable to court IMMEDIATELY after judgment has been satisfied in part / in full If judgment cannot be satisfied in full within 30 DAYS after his receipt of writ, officer will report to court and state the reason Writ will continue effect during the period within which the judgment may be enforced by motion Officer will make a report to court EVERY 30 DAYS on the proceedings until judgment is satisfied in full or effectivity expires Returns / periodic reports will be filed with court and copies will be furnished to parties Lifetime of writ: WITHIN 5 YEARS from entry thereof judgment becomes dormant and is subject to revival actionSEC. 15: NOTICE OF SALE OF PROPERTY OF EXECUTIONRULES BEFORE SALE OF PROPERTY: Notice must be givenA. PERISHABLE PROPERTY: Post written notice of the time and place of sale In 3 public places, conspicuous areas of municipal or city hall, post office and public market in the municipality / city where sale is to take placeB. OTHER PERSONAL PROPERTY: Post notice in 3 public places Not less than 5 daysC. REAL PROPERTY: Posting for 20 days In 3 public places Particularly describing the property Stating where the property is to be sold If assessed value is ABOVE 50K, publish copy of notice once a week for 2 consecutive weeks in 1 newspaper selected by raffle / general circulation in the province or cityNOTES: Notice should be given to the JOR At least 3 days before sale XPN: in A, where notice is given at any time before sale Notice will specify the place, date, and exact time of sale Not earlier than 9AM, not later than 12NN Place of sale may be agreed upon If no agreement & sales is property not capable of manual delivery, sale will be held in court of CoC of RTC / MTC which issued writ / designated by appellate court If property is capable of manual delivery, sale will be held in the place where the property is locatedSEC. 16: PROCEEDINGS WHERE PROPERTY CLAIMED BY 3RD PERSON If property is claimed by any person other than JOR / his agent 3rd person has to make an affidavit of his title or right to possession State grounds of such title or right Serve to officer making the levy and copy to JOE GR: Officer is not bound to keep the property XPN: when JOE, on demand of the officer, files a bond approved by court to indemnify the 3rd-party claimant in a sum not less than the value of the property levied upon In case of disagreement of value: to be determined by court issuing the writ No claim for damages for taking / keeping may be enforced against the bond unless action is filed Within 120 DAYS from the date of filing of bond Officer is NOT liable for damages arising from taking / keeping property Nothing shall prevent 3rd-party claimant from vindicating his claim to the property in a SEPARATE ACTION Nothing shall prevent JOE from claiming damages in the same or separate action against the 3rd party claimant who filed frivolous / plainly spurious claim If writ of execution is issued in favor of the Republic of the PH: filing of bond NOT needed If sheriff is sued for damages due to levy: he will be represented by SolGen If held liable: actual damages shall be paid by the National Treasurer out of such funds NOTES: Sheriff can be liable if damages arise from acts not connected with his official duty If 3rd party claim has been filed, prevailing party can compel sheriff to proceed by filing a bond to answer for damages that may be incurred as a consequence of execution But if sheriff proceeds without such bond, he will be personally liable for damages If 3rd party claim is contested, court can fix the value of property claimed by 3rd person So that a bond equal to such value may be posted by the judgment creditor (JCR) to indemnify sheriff of liability If sheriff erroneously seizes property of 3rd person, court, upon latters application and after summary hearing, may order release of property If 3rd party claimant does not persuade the court of his title or right, his remedy is resorted to before or without availment of the recourses above If 3rd party claim has been disregarded by sheriff because of bond filed by prevailing party, remedy: file INDEPENDENT REINVINDICATORY ACTION against the JCR / purchaser at public auction Rights of 3rd party claimant should not be decided in the action where the 3rd party claims are presented Should be in a separate action which the court should direct the claimants to file may be tried by a different branch of the same court / another court Action for damages upon the bond filed by the JCR: surety must be impleaded If not, judgment cannot be enforced against the bond Action vs. surety is binding upon the principal if the latter had knowledge thereof and an opportunity to participate in the defense JOR / his agent can vindicate claim to the property by any proper auction Action is entirely separate and distinct from that in which execution has issued But if claim of impropriety in the execution proceedings is made by a PARTY TO ORIGINAL ACTION (not a stranger), any relief may be applied for with and obtained from only the executing court A person other than JOR may file separate action over said properties even if the sheriffs levy on the properties on execution is VOID Issue as to whether or not there was an illegal levy on properties can be filed in a SEPARATE ACTION Remedies of 3rd party claimant:a. Summary hearing before court which authorized executionb. Terceria or 3rd party claim filed with sheriffc. Action for damages on the bond posted by JCRd. Independent reinvindicatory action These are cumulative and can be resorted to by a 3rd party independently / separately If he opts to file proper action to vindicate his claim of ownership, he must institute an action, distinct and separate from that in which the judgment is being enforced Validity of title of the 3rd party claimant shall be resolved in said action and a WRIT OF PRELIMINARY INJUNCTION issued against the sheriff If a claim arises out of attachment proceedings and replevin suits, it can be litigated in the same action involved or in a separate suit JUDGMENT HERE IS FINAL AND EXECUTORY Rules 57 & 60: actions still pending in the trial court Spouse who is not a party to a suit but owner of conjugal property = not a stranger XPN: separate and independent action is allowed when it involves EXCLUSIVE & PARAPHERNAL PROPERTY OF SPOUSE who was not a party to the case the judgment wherein was sought to be executedSEC. 17: PENALTY FOR SELLING WITHOUT NOTICE / REMOVING / DEFACING NOTICE Officer selling without notice penalty: 5K to injured person in addition to his actual damages Both to be recovered by motion in the same action Person wilfully removing / defacing notice before sale penalty: 5KNOTES: VOID SALE:1. Sale without required notice Officer is liable for damages Creditor will be solidarily liable as a tortfeasor2. Execution sale made on the date after that fixed in the notice3. Where posting requirements are not complied withSEC. 18: NO SALE IF JUDGMENT AND COSTS PAID If JOR paid the amount of judgment = NO writ of execution may be issued or implemented, thus NO SALESEC. 19: HOW PROPERTY SOLD ON EXECUTION; WHO MAY DIRECT MANNER & ORDER OF SALE All sales of property under execution must be made:1. At a public auction2. To the highest bidder3. To start at the exact time fixed in the notice Any excess property or proceeds of sale after sufficient sale should be delivered to the JOR / his agent XPN: by order of court IF REAL PROPERTY: Consisting of several lots must be sold separately If a portion is claimed by 3rd person may require to be sold separately IF PERSONAL PROPERTY CAPABLE OF MANUAL DELIVERY: Must be sold within view of those attending the same In such parcels as are likely to bring highest price JOR may choose which property will be sold Officer / deputies cannot buy the properties Seller of goods who exercises the right to resale cannot buy the propertiesNOTES: JCR can bid and purchase at the auction Other people not allowed to buy under Art. 1491 Remedy vs. irregular sale: MOTION TO VACATE / SET ASIDE THE SALE To be filed in court which issued the writ Rule does not apply to conventional sales In execution sales, if there is a right to redeem, mere inadequacy of price is not materialSEC. 20: REFUSAL OF PURCHASER TO PAY Officer may again sell the property to the highest bidder He will not be responsible for any loss Court may order the refusing purchaser to pay into the court the amount of loss, with costs He can also be punished by CONTEMPT if he disobeysNOTES: Measure of damages to which JCR is entitled: Difference between the amount which would have been realized were it not for the illegal intervention And total amount which he actually recovered on the judgment from all sources Including amount actually realized at the auction sale Plus expenses incurred as consequence of illegal interventionSEC. 21: JUDGMENT OBLIGEE AS PURCHASER When no 3rd party claim has been filed JOE need not pay the amount of bid if it doesnt exceed the amount of judgment If it does, shall only pay the excessSEC. 22: ADJOURNMENT OF SALE Through a written consent of JOR & JOE / their representatives Officer may adjourn the sale to any date & time agreed upon by them If there is no agreement, he may adjourn the sale from day to day if it becomes necessary to do so for lack of time to complete the sale on the day fixedNOTES: Officer cannot adjourn sale to another date unless with the written consent of the parties When there is a 3rd party claim, judgment creditor must pay his winning bid in cash Writ of execution in an EJECTMENT CASE can be enforced on a Saturday afternoon / after office hoursSEC. 23: CONVEYANCE TO PURCHASER OF PERSONAL PROPERTY CAPABLE OF MANUAL DELIVERY If purchaser pays the purchase price, officer shall: Deliver the property to purchaser Execute and deliver certificate of sale Sale conveys to the purchaser all the rights which the JOR had in such propertySEC. 24: CONVEYANCE TO PURCHASER OF PERSONAL PROPERTY NOT CAPABLE OF MANUAL DELIVERY If purchaser pays the purchase price, officer shall: Execute and deliver certificate of sale Sale conveys to the purchaser all the rights which the JOR had in such propertySEC. 25: CONVEYANCE OF REAL PROPERTY; CERTIFICATE THEREOF GIVEN TO PURCHASER & FILED WITH REGISTRY OF DEEDS Officer must give to the purchaser a certificate of sale containing:a. Particular description of real property soldb. The price paid for each distinct lot or parcelc. Whole price paid by himd. Statement that the right of redemption expires 1 year from the date of the registration of certificate of sale Certificate has to be registered in the registry of deeds of place where property is locatedSEC. 26: CERTIFICATE OF SALE WHERE PROPERTY CLAIMED BY 3RD PERSON Certificate of sale to be issued shall make EXPRESS MENTION of existence of such 3rd party claim RIGHT OF REDEMPTION:1. Personal property none, sale is absolute2. Real property there is a right of redemptionSEC. 27: WHO MAY REDEEM REAL PROPERTY SOLDJUDGMENT DEBTORREDEMPTIONER

JOR or his successor in interest (transferee, assignee, heirs, joint debtors)One who has a lien by virtue of another attachment, judgment or mortgage on property SUBSEQUENT to the lien under which the property was sold

Within 1 year from the date of registration of the certificate of sale1. Within 1 year from the date of registration of the certificate of sale2. Within 60 days from the last redemption by another redemptioner

A surety is NOT a successor in interest By paying the debt, he stands in the place of the creditor, not JOR Right of redemption cannot be levied on the JCR The JOR may legally sell his right of redemptionSEC. 28: TIME & MANNER OF, AMOUNTS PAYABLE ON, SUCCESSIVE REDEMPTIONS, NOTICE TO BE GIVEN & FILEDPERIOD OF REDEMPTION:JUDGMENT OBLIGORREDEMPTIONER

JOR has 1 year from registration of cert. of sale1st redemptioner has 1 year to redeem2nd redemptioner has 60 days to redeem after 1st redemption3rd redemptioner has 60 days after 2nd, etc.

Once he redeems, no further redemption is allowedFurther redemption allowed even after lapse of 1 year, as long as each redemption is made w/in 60 days after the last

PAYMENT: Tender of redemption of money may be made to purchaser / sheriff If to sheriff he has to accept MEDIUM OF PAYMENT: Cash, certified bank check If check is dishonored, redemption is INVALID If check becomes stale for not being presented though no fault of redemptioner, redemption is VALID

AMOUNTS PAYABLE ON REDEMPTION:JUDGMENT OBLIGORREDEMPTIONER

If he redeems from the purchaser: Purchase price + 1% interest + assessment or taxesIf he redeems from redemptioner: Redemption price + 2% interest + assessment or taxesIf he redeems from the purchaser: Same as JOR Amount of lien, if purchaser also creditor w/ prior lienIf he redeems from redemptioner: Same as JOR Amount of liens held by last redemptioner prior to his own, w/ interest

SEC. 29: EFFECT OF REDEMPTION BY JUDGMENT OBLIGOR, & A CERT. TO BE DELIVERED & RECORDED THEREUPON, TO WHOM PAYMENTS ON REDEMPTION MADE If JOR redeems, no further redemption is allowed The person to whom redemption was made must execute and deliver to the JOR a certificate of redemption Payments may be made to the purchaser, redemptioner or sheriff Redemption can be paid in other forms other than cash Rule is construed liberally allowing redemption and it has been allowed to in the case of a cashiers check, certified bank checks and even checks A formal offer to redeem is NOT necessary where the right to redeem is exercised through the filing of a complaint to redeem in the courts, within the period to redeemSEC. 30: PROOF REQUIRED OF REDEMPTIONERPROOF REQUIRED:JUDGMENT OR FINAL ORDERREDEMPTIONER

No proof requiredRight of redemption appears on requiredIf based on judgment or final order: Must serve copy of judgment or final order, certified by CoC

If based on mortgage or other lien, must serve: Memorandum of record, or any assignment Affidavit, showing amount due on lien

Failure to produce proof by redemptioner is waived by refusal on other grounds Validity of redemption not affected by failure to present proof If person to whom redemption was offered accepts without requiring proof VALIDRULE 40: APPEAL FROM MTC TO RTCSEC. 1: WHERE TO APPEAL: Appeal from a judgment or final order of MTC can be taken to RTC RTC should have jurisdiction over the area to which the former pertains Title remains the same Party appealing: appellant Adverse party: appelleeNOTES: SC defines the territory over which branch of RTC shall exercise its territory Territory: determines the lower courts over which said branch may exercise appellate jurisdictionSEC. 2: WHEN TO APPEAL: Within 15 days: After notice to appellant of the judgment or final order appealed from Within 30 days: If record on appeal is required Appellant needs to file a notice of appeal and a record on appeal After notice of judgment or final order Period of appeal will be interrupted by a timely motion for new trial or reconsideration (NT/R) No motion for extension of time to file motion for NT/R will be allowed NOTES: In RA 7691: MTC has probate jurisdiction where gross value of estate is 100K / 200K below Reglementary periods of appeal, same with RTCSEC. 3: HOW TO APPEAL: File notice of appeal with court that rendered judgment or final order appealed from Should indicate: Parties to the appeal Judgment or final order or part thereof appealed from Material dates showing timeliness of the appeal Record on appeal is required: In special proceedings In other cases of multiple or separate Form and contents: Sec. 6, Rule 41 Copies of notice of appeal + record on appeal (if required) should be served to adverse partyNOTES: Last mentioned requirement is the same as the MATERIAL DATA RULE applicable to records on appeal with respect to contents thereofSEC. 4: PERFECTION & EFFECT OF APPEAL: Governed by Sec. 9, Rule 41SEC. 5: APPELLATE COURT DOCKET AND OTHER LAWFUL FEES: Payment of FULL AMOUNT of court docket and other lawful fees should be done WITHIN THE PERIOD FOR TAKING AN APPEAL Pay to CoC of court which rendered judgment or final order Proof of payment will be transmitted to appellate court together with original record or record on appealNOTES: Non-payment does NOT automatically result in dismissal of appeal or affect appellate jurisdiction of Court of First Instance Dismissal is discretionary in the appellate court if there are justifications for it Failure to pay is ground for dismissal of appeal in CA and SC But it is NOT MINISTERIAL DUTY of court to dismiss appeal due to non-payment XPN: if there is failure to file notice of appeal or record on appeal WITHIN the reglementary period Strict application of the rule on payment of fees in CA should be adopted Payment of fees WITHIN the prescribed period is MANDATORYSEC. 6: DUTY OF CLERK OF COURT: Within 15 days from perfection of appeal: CoC has to transmit the original record or record on appeal With transcripts and exhibits Certified by him as complete Sent to proper RTC Copy-furnish of certification to parties

SEC. 7: PROCEDURE IN RTC: Upon receipt of complete record or record on appeal: CoC of RTC will notify parties Within 15 days from such notice: Appellant has to submit memorandum Briefly discuss errors imputed to the lower court Copy-furnish to adverse party Within 15 days from receipt of appellants memorandum: Appellee MAY file memorandum Failure of appellant to file memorandum is ground for dismissal of appeal Upon filing appellees memorandum or expiration of period to do so: Case is considered submitted for decision RTC will decide the case Based on the entire record of the proceedings from court of origin Memoranda are filedNOTES: Notice should be sent to attorney, but if submitted to party himself is still considered valid and bindingSEC. 8: APPEAL FROM ORDERS DISMISSING CASE WITHOUT TRIAL; LACK OF CONSIDERATION: If appeal is taken from order of lower court dismissing the case WITHOUT a trial on the merits RTC may AFFIRM: If ground of dismissal is lack of jurisdiction over subject matter If RTC has jurisdiction RTC shall try the case on the merits as if the case was originally filed with it RTC may REVERSE: Case will be remanded for further proceedings If case was tried on the merits by the lower court WITHOUT jurisdiction over subject matter: RTC on appeal will NOT dismiss the case if it has original jurisdiction It will decide the case Without prejudice to the admission of amended pleadings and additional evidence in the interest of justice

NOTES: 1st paragraph: if case was not tried on the merits but was dismissed on technical objection or question of law or where case was dismissed for improper venue on defendants motion Or for prescription Since there was no trial, RTC can affirm or reverse order of dismissal Where question of law involves lack of jurisdiction over subject matter & RTC has jurisdiction: Shall try the case on merits as if the case was originally filed with it Consent of parties is NOT REQUIRED Optional on the parties to submit to original jurisdiction or not RTC assumes original jurisdiction over case without need for consent from parties Parties are allowed to file amended pleadings Adduce additional evidence at the trial of the case in the RTCSEC. 9: APPLICABILITY OF RULE 41: Provisions of Rule 41 will apply to appeals since they are consistent with or may serve to supplement provisions of this ruleNOTES: For background materials or referential bases regarding appeals from the decisions of the inferior courts, appellate procedure if further appeal to IAC is: In actions originally filed in the MTC to RTC Final judgments or orders of RTC may be appealed by PETITION FOR REVIEW to IAC Only when petition shows prima facie that lower court committed an error of fact or law that will warrant a reversal or modification of the decision or final order sought to be reviewed Petition for review is governed by Resolution of the CA MODES AND PERIODS OF APPEAL:A. ORDINARY APPEALS BY MERE NOTICE OF APPEAL: No extension of time to file such a notice of appeal is needed and allowed The 15-day period for appeal is INTERRUPTED by a motion for NT/R XPN: when motion fails to satisfy requirements of Rule 37 If motion for NT/R is DENIED: moving party has only the remaining period from notice of denial within which to file notice of appeal Ordinary appeal from final order of MTC RTC, RTC CA (originally filed in RTC)B. APPEALS IN SPECIAL PROCEEDINGS & MULTIPLE APPEALS: Motion for extension of time to file the record on appeal may be granted to file record on appeal Period of appeal is 30 days, a record on appeal being requiredC. APPEALS BY PETITION FOR REVIEW TO CA: It may be necessary to file a motion with CA for extension of time to file petition for review Appeal to CA through PETITION FOR REVIEW Or to RTC through PETITION FOR REVIEW ON CERTIORARI under Rule 45 15-day period for filing petition for review If motion for reconsideration is filed and denied by RTC Movant has only the remaining period to file petition for reviewD. APPEALS FROM QUASI-JUDICIAL BODIES TO CA: No extension of time to file notice of appeal is needed or allowed File NOTICE OF APPEAL with CA With quasi-judicial body within 15 days from notice of ruling, award, decision / judgment In a motion for reconsideration filed within said period, then within 10 days from notice of resolution denying the motion for reconsiderationE. APPEALS BY CERTIORARI TO SC: If a motion for reconsideration is filed and denied, period of 15 days begins to run again from notice of denial PETITION FOR REVIEW ON CERTIORARI under Rule 45 File to RTC, IAC, Sandiganbayan Within 15 days from notice of judgment or denial of motion Payment of docket fees within said period A motion for extension of time to file motion for review on certiorari may be filed with SC within the reglementary period, plus payment of docket fee Copy-furnish to adverse party and lower courtF. PERIOD OF EXTENSION OF TIME TO FILE PETITION FOR REVIEW: Beginning one month after promulgation of decision Extension of only 15 days for filing petition for review may be granted by CA XPN: meritorious cases

RULE 41: APPEAL FROM RTCSEC. 1: SUBJECT OF APPEAL: NO APPEAL MAY BE TAKEN FROM:1. Order denying a petition for relief or any similar motion seeking relief from judgment2. Interlocutory order Order which does not dispose of the case but leaves something else to be done in the trial court on the merits of the case Order is final if it disposes of the entire case Movant has to wait for the judgment and the appeal from the judgment He can assign as error the said interlocutory order It cannot be appealed separately from the judgment GR: where interlocutory order was rendered without or in excess of jurisdiction or with grave abuse of discretion, REMEDY: certiorari, prohibition, or mandamus Where order appealed is interlocutory: appellate court can dismiss appeal even if there is no objection from appellee 3. Order disallowing / dismissing an appeal Appellate court must be apprised of the merit of the case of the party who assails such denial or dismissal4. Order denying a motion to set aside a judgment by consent, confession or compromise on the ground of fraud, mistake or duress, or any other ground vitiating consent The rules purpose is to enable the appellate court to determine not only the existence of any of the four grounds relied upon, but also and primarily the merit of the petitioners cause of action or defense If one of the grounds exists: The petitioner has either a good cause of action or defense It will reverse the denial / dismissal Set aside the judgment in the main case Remand the case to the lower court for new trial 5. Order of execution6. Judgment or final order for or against or more of several parties or in separate claims, counterclaims, cross-claims, and 3rd party complaints, while main case is pending unless the court allows an appeal therefrom7. Order dismissing action without prejudice Refers to several or separate judgments in Rule 36 Appeals therefrom are not absolutely prohibited Depends upon the circumstances of the case and the sound discretion of court In any of these instances, aggrieved party may file an appropriate special civil action under Rule 65 Petition for certiorari or prohibition Petition for mandamus in the case of an order disallowing or dismissing an appealNOTES: Where defendant has been improperly declared in default and has perfected his appeal from the judgment by default, he can still avail of CERTIORARI to prevent the carrying out of the writ of execution improperly issued by trial court It doesnt mean that in such appeal the appellate court may reverse and modify said judgment on the merits since the judgment involved is already final and executory Final and executory judgment of lower court shall not be reversed or modified but if the requirements for relief are present, such judgment shall be set aside by the higher court handling the certiorari case, which will also hear and decide the same If the petition for relief which was denied is against the order disallowing an appeal, while review thereof shall now be through a petition for mandamusSEC. 2: MODES OF APPEAL:1. ORDINARY APPEAL: From RTC (original jurisdiction) appealing to CA: File NOTICE OF APPEAL with court that rendered judgment Serve a copy upon adverse party Record on appeal is only required in special proceedings / multiple or separate appeals Referred to as appeal by writ of error due to the requirement that the brief filed for that purpose must contain an assignment of errors2. PETITION FOR REVIEW: From RTC (appellate jurisdiction) appealing to CA: File PETITION FOR REVIEW under Rule 423. APPEAL BY CERTIORARI: Appeal to SC Cases where only questions of law are raised or involved File PETITION FOR REVIEW ON CERTIORARI under Rule 45SEC. 3: PERIOD OF ORDINARY APPEAL; APPEAL IN HABEAS CORPUS: Within 15 days from notice of judgment or final order appealed from Within 30 days from notice of judgment or final order if needed to file notice of appeal + RECORD ON APPEAL Within 48 hours from notice of judgment or final order appealed from if appeal in HABEAS CORPUS case Period of appeal will be INTERRUPTED by a timely motion for NT/R Motion for extension of time to file is not allowedNOTES: Reglementary period for appeal from notice of judgment or order, or any subsequent amendment thereof Period to appeal may be extended but at the discretion of the court Mere filing and pendency of the motion for extension of time to perfect the appeal does not suspend the running of the reglementary period In case it is granted and court fails to state when extension should start to run: should be joined to the original period following the expiration thereof If the order granting the extension is issued and notice is served after the expiration of the period fixed by law, extension must be computed from date of notice or order granting it Filing motion doesnt suspend running of the period for perfecting appeal Appellant has the duty to ascertain the status of his motion, for if no action is taken / denied after lapse of the period, RIGHT TO APPEAL IS LOST Filing an appeal beyond the reglementary period has been allowed in the exercise of equity jurisdiction of the courts Application of the fresh-period ruleSEC. 4: APPELLATE COURT DOCKET AND OTHER LAWFUL FEES: Fees shall be paid within the period of taking an appeal Paid to clerk of court of court which rendered judgment Proof of payment + original record / record on appeal will be transmitted to appellate courtSEC. 5: NOTICE OF APPEAL: Should indicate the following: Parties to the appeal Judgment or final order Court which appeal is being taken Material dates showing timeliness of appeal SEC. 6: FORM & CONTENTS OF RECORD ON APPEAL: State full names of all parties in the caption Include judgment or final order in chronological order Include copies of only such pleadings, petitions, motions and all interlocutory orders for proper understanding of issue involved Data showing that appeal was perfected on time If ISSUE OF FACT is to be raised on appeal: Include by reference all evidence, testimonial and documentary taken upon the issue involved Reference should specify the documentary evidence by exhibit numbers or letters in chronological order Testimonial evidence by names of corresponding witnesses If WHOLE TESTIMONIAL and DOCUMENTARY EVIDENCE is to be included: A statement to that effect is sufficient No need to mention names of witnesses or exhibit numbers / letters Every record on appeal exceeding 20 pages must contain a subject index

SEC. 7: APPROVAL OF RECORD ON APPEAL: Upon filing of record on appeal for approval: If no objection is filed by appellee within 5 days from receipt of copy Trial court may approve it as presented Or upon its own motion or at the instance of the appellee Can direct amendment by the inclusion of any omitted matters which are deemed essential to determine the issue of law or fact involved If trial court orders the amendment of record: Appellant shall redraft the record by including additional matters as the court may have directed him to incorporate, in chronological order Submitted redrafted record for approval, upon notice to the appellee Must be done within the time limited in the order or when such extension is granted Or if no time is fixed: within 10 days from receiptSEC. 8: JOINT RECORD ON APPEAL: Where both parties are appellants: May file a joint record on appeal Within the time fixed in Sec. 3 or that fixed by the courtSEC. 9: EFFECT OF PERFECTION OF APPEAL: Appeal by NOTICE OF APPEAL: Deemed perfected: upon FILING of notice of appeal in due time Court loses jurisdiction: OVER THE CASE upon perfection of appeals filed in due time and the expiration of time to appeal of other parties Appeal by RECORD ON APPEAL: Deemed perfected: upon APPROVAL of the record on appeal filed in due time Court loses jurisdiction: ONLY OVER THE SUBJECT MATTER upon approval of record on appeal filed in due time and expiration of time to appeal of other parties In either case: Prior to the transmittal of the original record or record on appeal Court may issue orders for the protection and preservation of the rights of the parties which do not involve any matter of litigated by the appeal Approve compromises Permit appeals of indigent litigants Order execution pending appeal Allow withdrawal of appealSEC. 10: DUTY OF CLERK OF COURT OF LOWER COURT UPON PERFECTION OF APPEAL: Within 30 days after perfection of all appeals:1. Verify the correctness of the original record or the record on appeal, make a certification of its correctness2. Verify the completeness of the records that will be transmitted to the appellate court3. If incomplete: take such measures as may be required to complete the records, availing of the authority that he or the court may exercise for this purpose4. Transmit the records to the appellate court5. If efforts to complete the records fail:a. Indicate in his letter of transmittal the exhibits or transcripts not included in the records being transmitted to the appellate courtb. Indicate reasons for non-transmittalc. Indicate steps taken or that could be taken to have them available 6. Copy-furnish partiesSEC. 11: TRANSCRIPT: Upon perfection of appeal: Clerk shall immediately direct the stenographers to attach to the record of the case 5 COPIES of the transcripts of the testimonial evidence Stenographers will transcribe such testimonial evidence Will prepare and affix to their transcripts an index containing the names of witnesses and the page wherein their testimonies are found List of exhibits and the pages wherein each of them appears to have been offered and admitted or rejected by the trial court Transcripts will be transmitted to the clerk of trial court who will arrange the same in the order which the witnesses testified at the trial and number the pages consecutivelySEC. 12: TRANSMITTAL: Clerk will transmit to appellate court Within 30 days from perfection of appeal Together with the proof of payment Certified true copy of the minutes of proceedings Order of approval Certificate of correctness Original documentary evidence referred to Original and 3 copies of transcripts Copies of transcripts and certified true copies of the documentary evidence will remain in the lower court for examination of parties.SEC. 13: DISMISSAL OF APPEAL: Prior to transmittal, court may motu proprio, or on motion, dismiss appeal for non-payment of docket and other lawful fees within the reglementary period

SEC. 42: PETITION FOR REVIEW FROM THE REGIONAL TRIAL COURTS SEC. 1: HOW APPEAL IS TAKEN; TIME FOR FILING: If party wants to appeal from RTC (appellate jurisdiction) to CA File verified PETITION FOR REVIEW Pay docket and other lawful fees Deposit 500.00 for costs Copy furnish petition to RTC and adverse party Filed and served within 15 DAYS from notice of decision Sought to be reviewed or of denial of petitioners motion for NT/R filed in due time after judgment Upon proper motion and payment of fees, CA can grant additional period of 15 days to file petition for review No extension to for time to file is allowed XPN: for compelling reasons Should also not exceed 15 days