Remedial Law, Legal and Judicial Ethics, with Practical Exercises › Civil Procedure › Post-judgment Remedies › Appeal and Review

e. Modes

Modes of Review

The Rules of Court recognizes 3 modes by which the decision of the final order of the court may be reviewed by a higher tribunal:

APPEAL FROM DECISION OF	APPEAL TO	HOW
MTC	RTC	Filing notice of appeal with the MTC and serving copy of notice to the adverse party
RTC (original jurisdiction)	CA	Filing a notice of appeal with the RTC and serving copy of notice to the adverse party
RTC (appellate jurisdiction)	CA	Petition for review under Rule 42
RTC (penalty imposed is reclusion perpetua or life imprisonment or where a lesser penalty is imposed but for offenses committed on the same occasion or which arose out of the same occurrence that gave rise to the more serious offense for which death, reclusion perpetua, or life imprisonment is imposed)	CA	Filing a notice of appeal with the RTC and serving copy of notice to the adverse party
RTC (death penalty imposed)	CA	Automatic review (no need for notice of appeal)
CA (imposes penalty other than death, reclusion perpetua, or life imprisonment)	SC	Petition for review on certiorari under Rule 45
CA (penalty imposed is reclusion perpetua, or life imprisonment)	SC	Filing a notice of appeal with the CA
CA (where the CA finds that the penalty of death should be imposed)	SC	Automatic review (CA shall refrain from making an entry of judgment and forthwith certify the case and elevate its entire record to the Supreme Court for review) (Rule 124, Sec. 13)