c. Perfection of Appeal

GROUNDS FOR DISMISSAL OF APPEAL

• Failure to serve and file the required number of copies of his brief or within the time provided by these Rules
• Appellant escapes from prison or confinement, jumps bail, or flees to a foreign country during the pendency of the appeal;
• Failure of the record on appeal to show on its face that the appeal was taken within the period fixed by the Riles
• Failure to file the notice of appeal or the record on appeal within the period prescribed by the Rules;
• Failure of the appellant to pay docket and other lawful fees;
• Unauthorized alterations, omissions, or additions in the approved record on appeal
• Absence of specific assignment of error in the appellant’s brief, or of page references to the record as required; and
• Failure of the appellant to take the necessary steps for the correction or completion of the record within the time limited by the court in its order

Notice Requirement

The notice to be sent to the parties cannot be downplayed as a mere formality, for it is such notice which sets in motion the appellate procedure before the RTC and the running of the prescriptive period within which the appellant must file his/her appeal memorandum.

Moreover, the notice must be categorical enough in stating that the RTC has already received the records of the case. If there is no such notice or the notice is defective in that it does not contain a statement that the RTC is already in possession of the records of the case, the appellant stands to lose his/her right to seek a judicial review of his/her case.

Thus, a notice to the effect that a case under appeal “is entered in the Docket Book of the RTC” was deemed insufficient to commence the appeal before the RTC and the running of the 15-day period within which the appellant must file his appeal memorandum. (De Leon, Appellate Remedies, 2013, p. 45)

Rule on Filing Appeal Within Reglementary Period; Exception

General rule: An appeal must be perfected within the reglementary period; this requirement is jurisdictional.

Exception: If extrinsic fraud, accident, mistake, or excusable negligence prevented a timely appeal, a party may seek relief from judgment under Rule 38. (Habaluyas v. Japson, G.R. No. 70895, 1986)

Perfection of Appeal; Effect thereof

Upon the timely filing of a notice of appeal and the payment of the corresponding docket and other lawful fees, the appeal is deemed perfected as to the appealing party (appellant).

In appeals by notice of appeal, the court loses jurisdiction over the case upon the perfection of the appeals filed in due time and the expiration of the time to appeal of the other parties.

In appeals by record on appeal, the court loses jurisdiction only over the subject matter thereof upon the approval of the records on appeal filed in due time and the expiration of the time to appeal of the other parties.

In either case, prior to the transmittal of the original record or the record on appeal, the court may issue orders for the protection and preservation of the rights of the parties which do not involve any matter litigated by the appeal, approve compromises, permit appeals of indigent litigants, order execution pending appeal in accordance with Section 2 of Rule 39, and allow withdrawal of the appeal. (Rule 41, Sec. 9)

Transcript

Upon perfection of the appeal, the clerk shall immediately direct stenographers concerned to attach to the record of the case:

• 5 copies of the transcripts of the testimonial evidence referred to in the record on appeal.
• Transcription of such testimonial evidence.
• An index containing the names of the witnesses and the pages where their testimonies could be found; and
• List of exhibits and pages wherein they appear. (Rule 41, Sec. 11)

Perfection of Appeal; Effect thereof

Under Rule 42, Section 8, an appeal is perfected as to the petitioner when the petition for review is filed on time and the corresponding docket and other lawful fees are paid.

The Regional Trial Court loses jurisdiction once appeals filed on time have been perfected and the other parties’ periods to appeal have expired.

Before the Court of Appeals gives due course to the petition, however, the Regional Trial Court may still:

• Issue orders protecting and preserving the parties’ rights, provided the orders do not concern matters being litigated on appeal;
• Approve compromises;
• Permit indigent litigants to appeal;
• Order execution pending appeal under Rule 39, Section 2; and
• Allow withdrawal of the appeal.