Definition of Appeal
An appeal is a remedy provided by law to a party who is aggrieved by a judgment or final order rendered by a court. It is a process for seeking review by an appellate court. In essence, an appeal is considered a continuation of the original case.
Purpose of Appeal
The primary purpose of an appeal is to allow a higher court to review the decision of a lower court. This review may involve questions of law, fact, or both, depending on the mode of appeal and the court involved. The goal is typically to modify, reverse, or set aside the judgment, resolution, or final order.
Initiation of Appeal
An appeal is typically taken by filing a notice of appeal or a petition with the court that rendered the judgment or final order. In certain cases, a record on appeal may also be required.
Period for Appeal
The period for filing an appeal is often fifteen (15) days from the notice of the judgment, final order, or resolution appealed from.
Effect of Appeal and Jurisdiction
Generally, once an appeal is perfected, jurisdiction over the case is transferred from the trial court to the appellate court. However, the trial court may retain residual jurisdiction over matters not litigated on appeal. Execution of a final and executory judgment cannot be postponed or deferred by appeal, although in some instances, discretionary execution pending appeal may be allowed.
Modes and Courts of Appeal
Modes of appeal depending on the court from which the appeal is taken and the nature of the case:
- Ordinary Appeal: Taken from the Regional Trial Court (RTC) to the Court of Appeals (CA). Also from Municipal Trial Courts (MTC) to the RTC.
- Petition for Review: Taken from the RTC exercising its appellate jurisdiction to the CA. Also taken from quasi-judicial agencies to the CA.
- Petition for Review on Certiorari: Taken directly to the Supreme Court (SC). This mode is generally available only in cases where pure questions of law are raised.
- Decisions and final orders of the Sandiganbayan are appealable to the Supreme Court by way of petition for review on certiorari.
- Appeals from decisions of the Office of the Ombudsman in administrative disciplinary cases are brought to the Court of Appeals under Rule 43.
Grounds for Dismissal of Appeal
An appeal may be dismissed on various grounds, including but not limited to, failure to file the appeal within the reglementary period, failure to pay the required docket and other lawful fees, lack of merit, or failure to comply with other requirements.