Gail filed a forcible entry complaint against Marianina before the Metropolitan Trial Court (MeTC). The MeTC ruled in favor of Marianina. Gail appealed the MeTC decision to the Regional Trial Court (RTC). The RTC denied Gail’s appeal and sustained the MeTC. Gail then filed a notice of appeal with the RTC indicating that it is appealing the RTC’s decision to the Court of Appeals (CA). In her notice of appeal, Gail also requested the RTC to transmit the records of the case to the CA. Did Gail take the correct of mode of appeal? Explain briefly. (5 points)
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No, Gail did not take the correct mode of appeal. Under Section 2(b), Rule 41 and Rule 42 of the Rules of Court, an appeal to the Court of Appeals from a decision rendered by the Regional Trial Court in
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Quick check
What is the proper mode of appeal from an RTC decision rendered in the exercise of its appellate jurisdiction?
An appeal from an RTC decision rendered in its appellate jurisdiction must be taken by filing a Rule 42 petition for review with the CA.
Where must a petition for review under Rule 42 be filed?
A petition for review under Rule 42 is filed directly with the Court of Appeals.
What is the legal effect under Rule 50 of appealing an RTC appellate judgment via a notice of appeal instead of a petition for review?
Section 2, Rule 50 provides that an appeal taken by an improper mode shall be dismissed outright.
Within what reglementary period must a petition for review under Rule 42 be filed with the Court of Appeals?
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Does filing a notice of appeal with the RTC toll the running of the period to file a Rule 42 petition for review?
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Learn more about these topics
1. Modes of Appeal
Under the Rules of Court, the mode of appealing a Regional Trial Court decision to the Court of Appeals depends entirely on whether the trial court rendered judgment in the exercise of its original or appellate jurisdiction. When the trial court decides a case in its original jurisdiction, appeal is taken by notice of appeal under Rule 41. However, when the trial court decides a case in the exercise of its appellate jurisdiction reviewing a municipal court decision, the sole and exclusive remedy is a verified petition for review filed directly with the Court of Appeals under Rule 42.
2. Petition for Review
A petition for review under Rule 42 is an extraordinary mode of appeal filed directly before the Court of Appeals within fifteen days from notice of the adverse Regional Trial Court decision or order denying a motion for reconsideration. Unlike an ordinary appeal by notice of appeal, a petition for review requires payment of docket fees, submission of certified true copies of the pleadings and decisions below, and verified certifications against forum shopping. Filing a mere notice of appeal with the trial court does not vest appellate jurisdiction in the Court of Appeals under Rule 42.
3. Dismissal of Appeal
Under Section 2, Rule 50 of the Rules of Court, an appeal taken to the Court of Appeals by an improper or inappropriate mode shall be dismissed outright. Erroneously filing a notice of appeal with the Regional Trial Court instead of a petition for review under Rule 42 with the Court of Appeals is a fatal procedural error that cannot be cured by requesting the trial court to transmit the records. Courts cannot ignore mandatory rules of procedure, and an improper appeal fails to toll the reglementary period, causing the trial court decision to become final.