8/18/2019 Mode of Appeal from RTC.docx

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In Murillo v. Consul ,[20] we had the opportunity to clarify the three (3) modesof appeal from decisions of the RTC, to wit: (1) by ordinary appeal or appeal

by writ of error under Rule 41, [21] where ud!ment was rendered in a ci"il or criminal action by the RTC in the e#ercise of ori!inal urisdiction$ (%) by

petition for re"iew under Rule 4%, [22] where ud!ment was rendered by theRTC in the e#ercise of appellate urisdiction$ and (3) by petition for re"iewon certiorari to the &upreme Court under Rule 4' [23] The first mode of appeal is ta en to the C* on +uestions of fact or mi#ed +uestions of fact andlaw The second mode of appeal is brou!ht to the C* on +uestions of fact, of law, or mi#ed +uestions of fact and law The third mode of appeal is ele"atedto the &upreme Court only on +uestions of law [24]

In Macawiwili Gold Mining and Development Co., Inc. v. Court of Appeals, [2] we summari ed the rule on appeals as follows:

(1) In all cases decided by the RTC in the e#ercise of its ori!inal urisdiction, appeal may be made to the Court of *ppeals by merenotice of appeal where the appellant raises +uestions of fact or mi#ed +uestions of fact and law$

(%) In all cases decided by the RTC in the e#ercise of its ori!inal

urisdiction where the appellant raises only +uestions of law, theappeal must be ta en to the &upreme Court on a petition for re"iew on certiorari under Rule 4'

(3) *ll appeals from ud!ments rendered by the RTC in the e#ercise

of its appellate urisdiction, re!ardless of whether the appellantraises +uestions of fact, +uestions of law, or mi#ed +uestions of fact and law, shall be brou!ht to the Court of *ppeals by filin! a

petition for re"iew under Rule 4%

http://sc.judiciary.gov.ph/jurisprudence/2010/october2010/169067.htm#_ftn20http://sc.judiciary.gov.ph/jurisprudence/2010/october2010/169067.htm#_ftn21http://sc.judiciary.gov.ph/jurisprudence/2010/october2010/169067.htm#_ftn22http://sc.judiciary.gov.ph/jurisprudence/2010/october2010/169067.htm#_ftn23http://sc.judiciary.gov.ph/jurisprudence/2010/october2010/169067.htm#_ftn24http://sc.judiciary.gov.ph/jurisprudence/2007/september2007/146454.htm#_ftn2http://sc.judiciary.gov.ph/jurisprudence/2010/october2010/169067.htm#_ftn21http://sc.judiciary.gov.ph/jurisprudence/2010/october2010/169067.htm#_ftn22http://sc.judiciary.gov.ph/jurisprudence/2010/october2010/169067.htm#_ftn23http://sc.judiciary.gov.ph/jurisprudence/2010/october2010/169067.htm#_ftn24http://sc.judiciary.gov.ph/jurisprudence/2007/september2007/146454.htm#_ftn2http://sc.judiciary.gov.ph/jurisprudence/2010/october2010/169067.htm#_ftn20