An appeal in Philippine law is a statutory remedy that allows an aggrieved party to seek review by a higher court of a lower court’s final judgment, resolution, or order on the ground that it was rendered with error—whether of law, of fact, or of mixed law and fact. It is not a constitutional right but a mere statutory privilege, and it may be exercised only in the manner and in accordance with the provisions of the law and the Rules of Court (Republic v. Court of Appeals, G.R. No. 139506, October 10, 2002; Neypes v. Court of Appeals, G.R. No. 141524, September 14, 2005).

The appeal is not a continuation of the trial or a new trial. It is strictly a review on the record, except in very limited instances where the appellate court may receive new evidence (e.g., newly discovered evidence under Rule 37 or Rule 53, or in the interest of substantial justice in the Court of Appeals under Rule 44, Section 9 of the 2019 Amendments).

Purpose of an Appeal

To correct errors of law or fact committed by the trial court.
To ensure uniformity in the interpretation and application of laws.
To serve as a check on the exercise of judicial discretion by lower courts.
To afford the losing party a final opportunity to obtain justice before the judgment becomes final and executory.

General Principles Governing Appeals

Appeal is not a natural right; it must be expressly granted by law (Rule 39, Sec. 1, 2019 Amendments; Art. VIII, Sec. 5(2)(e), 1987 Constitution authorizes the Supreme Court to promulgate rules on appeals).
Only final judgments or orders are appealable. Interlocutory orders are generally not appealable except via Rule 65 certiorari or when the law expressly allows (e.g., Rule 41, Sec. 1).
Questions that may be raised on appeal:
- Errors of law (always allowed).
- Errors of fact (allowed only if the appeal allows review of facts, e.g., ordinary appeals to the Court of Appeals).
- Mixed questions of law and fact.
The appellate court will not disturb findings of fact of the trial court when they are supported by substantial evidence, especially when affirmed by the Court of Appeals (the “two-tiered test” rule).

Hierarchy of Appeals in the Philippine Judicial System

Municipal Trial Courts (MTC), Metropolitan Trial Courts (MeTC), Municipal Trial Courts in Cities (MTCC), Municipal Circuit Trial Courts (MCTC)
→ Regional Trial Court (RTC) (Rule 40)
Regional Trial Court exercising original jurisdiction (civil and criminal cases)
→ Court of Appeals (Rule 41 – ordinary appeal; or Rule 122 for criminal cases)
Regional Trial Court exercising appellate jurisdiction (appeals from MTCs)
→ Court of Appeals via Petition for Review (Rule 42)
Quasi-judicial agencies (NLRC, DARAB, SEC en banc, COA, CSC, Office of the President, etc.)
→ Court of Appeals via Petition for Review (Rule 43)
Court of Appeals, Court of Tax Appeals en banc, and Sandiganbayan
→ Supreme Court via Petition for Review on Certiorari (Rule 45) on pure questions of law
Regional Trial Court decisions in cases falling under the Supreme Court’s original jurisdiction (e.g., actions against ambassadors, petitions for certiorari against CA/CTA/Sandiganbayan)
→ Directly to the Supreme Court
Special cases (e.g., constitutional questions, treaties, international agreements, cases where only questions of law are involved)
→ May be brought directly to the Supreme Court

Periods to Appeal (2019 Amendments to the Rules of Civil Procedure & Criminal Procedure)

Mode of Appeal	Reglementary Period	Fresh Period Rule Applies?
Notice of Appeal (Rules 40, 41, 122)	15 days from notice of judgment or final order	Yes (Neypes doctrine)
Record on Appeal (required in special proceedings, multiple appeals, partition, foreclosure, expropriation)	30 days from notice	Yes
Petition for Review (Rules 42, 43)	15 days from notice of judgment or denial of MNT/MR	Yes
Petition for Review on Certiorari (Rule 45)	15 days from notice of judgment or denial of MNT/MR	Yes
Extension	Generally not allowed, except for the most compelling reason (only up to 15 days in rare cases, and only once)

The “fresh period rule” (Neypes v. CA, 2005) applies to all modes of appeal: the 15-day (or 30-day) period is counted from receipt of the order denying the motion for reconsideration or new trial.

Modes of Appeal

Ordinary Appeal
- Notice of Appeal (Rules 40, 41, 122)
- Record on Appeal (when required)
- Filed with the court that rendered the decision
- Docket and other lawful fees must be paid within the reglementary period (payment is jurisdictional)
Petition for Review
- Rule 42 – From RTC appellate decisions to CA
- Rule 43 – From quasi-judicial agencies to CA
Petition for Review on Certiorari (Rule 45)
- From CA, CTA en banc, Sandiganbayan to Supreme Court
- Raises only questions of law
- Filed directly with the Supreme Court
Automatic Appeal (now obsolete)
- Previously for death penalty cases; abolished by R.A. 9346 (2006). Cases imposing reclusion perpetua are now appealed via ordinary notice of appeal to the Court of Appeals.
Special Civil Actions treated as appeals
- Certiorari (Rule 65) – when there is no appeal or any plain, speedy, adequate remedy (grave abuse of discretion)
- Prohibition and mandamus may also be used in exceptional cases

Detailed Procedure by Court Level

1. Appeal from MTC/MeTC/MTCC/MCTC to RTC (Rule 40)

File Notice of Appeal with the MTC within 15 days.
Pay docket fees.
MTC elevates the entire record to the RTC within 15 days.
RTC decides the case without further pleadings (may allow memoranda).
RTC decision is immediately executory unless stayed.

2. Appeal from RTC (Original Jurisdiction) to Court of Appeals

Civil Cases (Rule 41, as amended 2019)

File Notice of Appeal (or Record on Appeal if required) with RTC within 15/30 days.
Pay appellate docket fees within the same period (jurisdictional).
RTC gives due course and elevates records to CA.
Appellant files Appellant’s Brief within 45 days from receipt of notice to file brief.
Appellee files Appellee’s Brief within 45 days from receipt of Appellant’s Brief.
Appellant may file Reply Brief within 20 days.
No new evidence, except in exceptional circumstances.

Criminal Cases (Rule 122, as amended by A.M. No. 00-5-03-SC, November 21, 2000, and subsequent circulars)

Same perfection via Notice of Appeal within 15 days.
If the accused is at liberty, the appeal is dismissed unless he surrenders or is arrested.
In cases where the penalty imposed is reclusion perpetua, life imprisonment, or a lesser penalty, the case is appealed to the Court of Appeals.
The CA reviews both law and facts (de novo on evidence).
Briefs: Appellant’s Brief (45 days), Appellee’s Brief (45 days), Reply Brief (20 days).

3. Appeal from RTC Appellate Decisions or Quasi-Judicial Agencies to CA (Rules 42 & 43)

File verified Petition for Review with CA within 15 days.
Pay docket fees.
Attach certified true copies of assailed decision and material portions of the record.
CA may give due course or dismiss outright.
If given due course: Appellant’s Brief (45 days), Appellee’s Brief (45 days).

4. Appeal from Court of Appeals / CTA en banc / Sandiganbayan to Supreme Court (Rule 45)

File verified Petition for Review on Certiorari within 15 days.
Raise only questions of law.
Pay docket and legal research fund fees.
Respondent files Comment within 10 days from notice.
Petitioner may file Reply within 10 days.
Supreme Court may deny outright or require further pleadings.
Decisions of the Supreme Court are final and executory upon finality (15 days from promulgation unless stayed).

Effect of Perfection of Appeal

As a rule, perfection of appeal stays execution (Rule 39, Sec. 9; Rule 122, Sec. 10 in criminal cases).
Exceptions (immediate execution even pending appeal):
- Injunction, receivership, accounting, support (discretionary).
- Cases under the Rule on Summary Procedure.
- Conviction with penalty of reclusion perpetua or life imprisonment where the accused appeals (execution suspended only if SC issues TRO).
- Cases covered by the Rule on Advance Distribution of Inherited Properties.

Withdrawal of Appeal

An appeal may be withdrawn at any time before the filing of the appellee’s brief, or even later with leave of court. Once withdrawn, the judgment becomes final and executory.

Dismissal of Appeal

Grounds (Rule 50):

Failure to pay docket fees on time.
Failure to file brief within reglementary period.
Appeal is frivolous or dilatory.
Lack of jurisdiction.
Non-compliance with circulars (e.g., non-submission of legible copies).

Recent Developments and Key Supreme Court Issuances

2019 Proposed Amendments to the 1997 Rules of Civil Procedure (A.M. No. 19-10-20-SC, effective May 1, 2020) – streamlined appeals, required mediation before appeal in certain cases, emphasized continuous trial.
Revised Guidelines for Continuous Trial of Criminal Cases (A.M. No. 15-06-10-SC, 2017) – shortened trial and appeal periods indirectly.
Supreme Court Circulars on e-filing and virtual hearings (post-COVID) – appeals may now be filed electronically in many courts.
Gios-Samar v. DOTC (G.R. No. 217158, March 12, 2019, reiterated in 2023 cases) – liberal application of procedural rules in exceptional cases to serve substantial justice.

This article covers the entire appeals framework under Philippine law as of November 2025. While the core structure remains stable, practitioners must always consult the latest Supreme Court administrative circulars and amendments for any new procedural nuances.