Section 2, Rule 41 of
the Rules of Court provides the three modes of appeal, which are as follows: “Section
2. Modes of appeal. —
(a) Ordinary appeal. — The appeal to the Court of Appeals in cases
decided by the Regional Trial Court in the exercise of its original
jurisdiction shall be taken by filing a notice of appeal with the court which
rendered the judgment or final order appealed from and serving a copy thereof
upon the adverse party. No record on appeal shall be required except in
special proceedings and other cases of multiple or separate appeals where the
law or these Rules so require. In such cases, the record on appeal shall
be filed and served in like manner.
(b) Petition for review. — The appeal to the Court of Appeals in cases
decided by the Regional Trial Court in the exercise of its appellate
jurisdiction shall be by petition for review in accordance with Rule 42.
(c) Appeal by certiorari. — In all cases where only questions of law are
raised or involved, the appeal shall be to the Supreme Court by petition for
review on certiorari in accordance with Rule 45” (emphasis supplied).
The
first mode of appeal, the ordinary
appeal under Rule 41 of the Rules of Court, is brought to the CA from the
RTC, in the exercise of its original jurisdiction, and resolves questions
of fact or mixed questions of fact and law. The second mode of appeal, the petition for review under Rule 42 of the
Rules of Court, is brought to the CA from the RTC, acting in the
exercise of its appellate jurisdiction, and resolves questions of fact or mixed
questions of fact and law. The third
mode of appeal, the appeal by certiorari
under Rule 45 of the Rules of Court, is brought to the Supreme Court and
resolves only questions of law (HEIRS OF NICOLAS S. CABIGAS VS. MELBA L.
LIMBACO ET AL., G.R.
NO. 175291, JULY 27, 2011, BRION, J.).
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.