Petition for Review from the Regional Trial Courts to the Court of Appeals (RULE 42) | Appeal | Post-judgment Remedies | CIVIL PROCEDURE

PETITION FOR REVIEW FROM THE REGIONAL TRIAL COURTS TO THE COURT OF APPEALS (RULE 42)
(Under the 1997 Rules of Civil Procedure, as amended by the 2019 Amendments)

1. NATURE AND SCOPE OF RULE 42

A Petition for Review under Rule 42 of the Rules of Court is the mode of appeal taken to the Court of Appeals (CA) from a decision or final order of the Regional Trial Court (RTC) rendered in its appellate jurisdiction. In other words, if a case originated in the Municipal Trial Court (MTC), Metropolitan Trial Court (MeTC), Municipal Trial Court in Cities (MTCC), or Municipal Circuit Trial Court (MCTC), and was appealed to the RTC, the next level of appeal from an adverse judgment of the RTC is typically through a Petition for Review under Rule 42 to the Court of Appeals.

This remedy is not to be confused with:

  1. Ordinary Appeal (Rule 41): Taken from judgments/orders of the RTC in the exercise of its original jurisdiction, generally via notice of appeal or record on appeal.
  2. Petition for Review on Certiorari (Rule 45): Filed with the Supreme Court to review final judgments or orders of the Court of Appeals or other specified tribunals.
  3. Petition for Review (Rule 43): Filed with the Court of Appeals from judgments or final orders of quasi-judicial agencies (e.g., NLRC, Civil Service Commission, etc.).

Rule 42 specifically applies when the RTC’s decision was itself an appellate review of a lower court’s decision.

2. WHEN TO FILE

  1. Reglementary Period

    • Fifteen (15) Days from notice of the judgment or final order of the RTC.
    • If a Motion for New Trial (MNT) or Motion for Reconsideration (MR) is filed in the RTC, the 15-day period is counted from notice of the order denying the said motion.
    • Extension of Time: The Court of Appeals may grant an additional period of 15 days only for justifiable reasons, provided a proper motion for extension is filed within the original 15-day period. Under the current rules, the total extension cannot exceed 15 days, except for the most compelling reasons and at the sound discretion of the Court of Appeals.

  2. Effect of Failure to Timely File

    • If the petition is filed beyond the reglementary period or without a validly granted extension, the appeal may be dismissed outright for being filed out of time. The CA strictly enforces timeliness to protect the finality of judgments.

3. HOW TO INITIATE THE APPEAL (CONTENTS AND FORM)

A Petition for Review under Rule 42 is a pleading that must strictly comply with certain requirements:

  1. Caption and Title

    • The petition should be entitled “Petition for Review under Rule 42” and should indicate the parties, docket number in the Court of Appeals, and the case title as it appeared in the Regional Trial Court.

  2. Verification and Certification Against Forum Shopping

    • The petition must be verified by an affidavit stating that the affiant has read the petition and that the allegations therein are true and correct based on his personal knowledge or authentic records.
    • A certification against forum shopping, executed by the petitioner, must accompany the petition. Failure to comply or a defect therein may be a ground for dismissal.

  3. Allegations

    • Statement of the Material Dates: The petitioner must clearly state the material dates to prove timeliness (e.g., date of receipt of the RTC decision, date of filing of the motion for reconsideration, date of receipt of the order denying the motion, and date of filing of this petition).
    • Summary of Proceedings and Statement of Facts: Brief but clear summary of antecedent facts and proceedings.
    • Assignment of Errors: Clearly state the issues or errors alleged to have been committed by the RTC in its appellate decision.
    • Arguments and Authorities: Provide legal arguments with citations of pertinent authorities to justify the reversal or modification of the RTC decision.
    • Relief: A specific prayer for the relief sought from the Court of Appeals.

  4. Annexes

    • Judgment or Final Order of the RTC: Copy of the judgment or final order of the RTC sought to be reviewed, including that court’s findings of fact and conclusions of law.
    • Pleadings and Relevant Documents: Such as the MTC/MeTC/MTCC decision, pleadings or evidence essential for the review by the CA.
    • Proof of Payment of docket fees and other lawful fees.
    • Proof of Service: A written explanation if personal service is not practicable, along with proofs of service upon adverse parties and upon the RTC.

  5. Payment of Docket and Other Lawful Fees

    • Payment of docket fees within the reglementary period is jurisdictional. Non-payment or late payment may result in dismissal.

4. FILING AND SERVICE

  1. Where to File

    • The petition is filed directly with the Court of Appeals.
    • Service of copies must be made on all adverse parties and on the RTC that rendered the appealed decision.

  2. Proof of Service

    • A written admission from the adverse party or official receipt from the post office or any authorized courier, personal service receipt, or any other method allowed by the rules.

5. ACTION BY THE COURT OF APPEALS

Upon receipt of the petition, the Court of Appeals will perform a preliminary examination of the petition and attached documents:

  1. Dismissal of the Petition Outright

    • If the petition was filed out of time or fails to comply with the formal and substantive requirements under the Rules, the CA may dismiss the petition outright.

  2. Issuance of a Resolution to Give Due Course or Require Comment

    • If the CA finds the petition prima facie meritorious, it may require the respondent(s) to file a Comment (not a motion to dismiss). The CA may also require the elevation of the complete original record or the official copies thereof from the RTC.

  3. Reply, if Necessary

    • Petitioner may be required or allowed to file a reply to new matters raised in the comment.

  4. Possible Call for Oral Argument

    • The CA has the discretion to set the case for oral argument or clarificatory hearing, if needed. But usually, petitions under Rule 42 are resolved on the basis of the pleadings, records, and memoranda if filed.

  5. Decision of the Court of Appeals

    • The CA may affirm, reverse, or modify the appealed decision, or remand the case to the lower court for further proceedings consistent with its ruling. The decision of the CA is then generally subject to Rule 45 Petition for Review on Certiorari with the Supreme Court.

6. EFFECT OF APPEAL ON THE JUDGMENT

  1. Perfection of the Appeal
    • The appeal is deemed perfected as to the petitioner(s) upon the timely filing of the petition in accordance with Rule 42 and payment of docket and legal fees.
  2. No Automatic Stay of Execution
    • As a rule, perfection of the appeal does not stay execution of the RTC judgment (which was itself rendered in an appellate capacity) unless the CA grants a restraining order or preliminary injunction upon proper motion and hearing.
    • The petitioner may apply for preliminary injunction or a temporary restraining order (TRO) if there is a need to maintain the status quo while the appeal is pending.

7. COMMON GROUNDS FOR DISMISSAL

The Court of Appeals may dismiss outright or motu proprio any petition under Rule 42 on grounds such as:

  1. Untimeliness (filed beyond 15 days and without a valid extension).
  2. Failure to State Material Dates.
  3. Lack of or Defective Verification and/or Certification Against Forum Shopping.
  4. Failure to Pay Docket and Other Lawful Fees in full within the prescribed period.
  5. Failure to Show Reversible Error or that the CA has jurisdiction.
  6. Failure to Serve Copies on Adverse Party and the RTC.

8. DISTINCTIONS FROM OTHER MODES OF APPEAL

  1. Rule 41 (Ordinary Appeal)

    • Used when appealing a decision of the RTC in its original jurisdiction.
    • Perfected by filing a Notice of Appeal within the prescribed period with the RTC, not by petition directly to the CA.

  2. Rule 45 (Petition for Review on Certiorari to the Supreme Court)

    • Involves questions of law generally, and is filed directly with the Supreme Court to review CA (or other enumerated tribunal) decisions.
    • Rule 42, on the other hand, is an appeal to the CA from the RTC (appellate jurisdiction) and may raise questions of fact or law or both.

  3. Rule 43 (Petition for Review from Quasi-Judicial Agencies to the CA)

    • Governs appeals from final orders/decisions of administrative or quasi-judicial agencies (e.g., CSC, NLRC, SEC) to the CA.
    • Rule 42 applies only to judicial appeals from the RTC acting in an appellate capacity over lower courts.

9. LEGAL ETHICS CONSIDERATIONS

  1. Candor and Honesty
    • Counsel must ensure the correctness of all factual allegations and compliance with procedural rules. Misstatements can subject counsel to disciplinary measures.
  2. Avoiding Frivolous Appeals
    • Lawyers must evaluate whether an appeal under Rule 42 is warranted and not merely for the purpose of delay.
    • A frivolous or dilatory appeal may be penalized by the court.
  3. Competent Representation
    • Counsel must stay abreast of the 2019 Amendments to the Rules of Court and any subsequent updates, to avoid mistakes in filing requirements or deadlines.

10. FREQUENTLY LITIGATED ISSUES & RELEVANT JURISPRUDENCE

  1. Timeliness and Perfecting Appeals

    • The Supreme Court has consistently emphasized that the right to appeal is a statutory right that must be exercised strictly in accordance with the law.
    • Regalado v. Go (G.R. No. 167988, February 6, 2007) and similar cases underscore that docket fees must be paid on time.

  2. Substantial Compliance vs. Strict Compliance

    • While there are instances where the Court may permit substantial compliance, such leniency is not guaranteed—particularly for jurisdictional requirements (e.g., timely filing, full payment of docket fees).

  3. Focus on Factual Issues

    • Since the RTC has already made factual findings when it affirmed or reversed the decision of the lower court, the CA generally may re-examine these facts, especially if the alleged error involves misappreciation of evidence by the RTC.

11. CHECKLIST FOR A PETITION FOR REVIEW (RULE 42)

  1. Timeliness

    • Filed within 15 days of receipt of RTC decision or denial of MR/MNT.
    • If necessary, motion for extension of up to 15 days is filed within the original 15-day period.

  2. Formal Requirements

    • Verified petition.
    • Certification against forum shopping.
    • Statement of material dates to demonstrate timeliness.
    • Concise statement of factual and legal bases of the petition.
    • Clearly assigned errors in the RTC’s appellate decision.

  3. Substantive Requirements

    • Arguments sufficiently raise reversible errors allegedly committed by the RTC.
    • Relief prayed for is clearly stated.

  4. Annexes

    • Certified true copies or duplicate originals of the assailed judgment and material portions of the record as would support the allegations.
    • Proof of payment of docket fees and other required fees.
    • Proof of service upon adverse parties and the RTC.

  5. Practical Considerations

    • Consider filing a motion for TRO or preliminary injunction if immediate relief from execution or enforcement is necessary.
    • Check if the matter instead involves purely questions of law for a possible Rule 45 petition to the Supreme Court (though typically, decisions by the RTC in its appellate capacity still go to the CA via Rule 42 if factual questions remain).

12. CONCLUSION

A Petition for Review under Rule 42 is the specific remedy to challenge an adverse decision or final order of an RTC acting in its appellate jurisdiction over a case originating in a lower court. It is governed by strict procedural rules—especially on timelines, payment of docket fees, and formal requirements. While the Court of Appeals has discretion to give due course to or dismiss such petitions, compliance with the Rules of Court and relevant jurisprudence increases the likelihood of the CA’s favorable reception. The thoroughness, clarity, and timeliness of a petition under Rule 42 are often decisive factors in achieving a successful appeal.

Legal ethics demand that counsel files only meritorious and procedurally sound petitions. Any carelessness or evasion of rules—particularly regarding timeliness, docket fees, or certification—can doom the appeal at the outset and potentially expose counsel to sanctions. Hence, it is crucial to prepare meticulously, ensure completeness of documentary requirements, and adhere strictly to the deadlines and formalities set forth by law and rules.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

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