Thursday, June 9, 2016

Modes of appeal from RTC to CA; certiorari is original action, how appealed.



BF CITILAND CORPORATION, PETITIONER, VS. MARILYN B. OTAKE, RESPONDENT. G.R. No. 173351, July 29, 2010.

“x x x.

Section 2, Rule 41 of the Rules of Court states:

(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. x x x

(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. (Emphasis supplied)

x x x x

The Rule is clear. In cases decided by the RTC in the exercise of its original jurisdiction, appeal to the Court of Appeals is taken by filing a notice of appeal. On the other hand, in cases decided by the RTC in the exercise of its appellate jurisdiction, appeal to the Court of Appeals is by a petition for review under Rule 42.

A petition for certiorari under Rule 65 does not interrupt the course of the principal case unless a temporary restraining order or a writ of preliminary injunction from further proceeding has been issued against the public respondent.⁠1  A petition for certiorari under Rule 65 is, without a doubt, an original action.⁠2

Since the decision of the RTC in the petition for certiorari under Rule 65 was rendered in the exercise of its original jurisdiction, appeal from the said RTC decision to the Court of Appeals should have been made by filing a notice of appeal, not a petition for review under Rule 42.


X x x.”