Short answer. The clerk (or branch clerk) of the lower court has fifteen days from perfection of the appeal to transmit the original record or record on appeal, with transcripts and exhibits certified complete, to the proper Regional Trial Court, and must furnish the parties a copy of the transmittal letter.

What the law says

Within fifteen days from the perfection of the appeal, the clerk of court or the branch clerk of court of the lower court shall transmit the original record or the record on appeal, together with the transcripts and exhibits, which he shall certify as complete, to the proper Regional Trial Court. A copy of his letter of transmittal of the records to the appellate court shall be furnished the parties.

Rule 40, Section 6 — Duty of the clerk of court. Read the full provision →

The fifteen-day transmittal deadline

Within fifteen days from the perfection of the appeal, the clerk of court, or the branch clerk of court, of the lower Municipal Trial Court is required to transmit the original record or the record on appeal, whichever applies, up to the proper Regional Trial Court that will hear the case. This deadline keeps the case moving promptly once the appeal is perfected, rather than leaving the record to languish indefinitely at the Municipal Trial Court.

What must be included, and where it goes

That transmittal must include the transcripts and exhibits from the case, which the clerk is required to certify as complete before sending them along, and the whole package is directed specifically to the Regional Trial Court exercising jurisdiction over the appeal. Certifying completeness before transmittal gives the Regional Trial Court some assurance that it is receiving the whole record, not a partial one. Certifying completeness before transmittal also protects the appellant, since a record later found to be missing transcripts or exhibits can force the appellate proceedings to pause while the gap is traced back to the trial court and filled in.

Notice to the parties

The clerk of court must also furnish the parties with a copy of the letter of transmittal covering the records sent to the appellate court, so that neither party is left wondering whether, or when, the case record actually made its way up to the Regional Trial Court. This keeps both the appellant and the appellee informed of the case's progress, rather than leaving them to guess whether the transmittal deadline was actually met. Because the letter of transmittal effectively marks the moment the case record leaves the Municipal Trial Court's custody, a party who never receives that copy has a concrete basis to inquire directly with the clerk of court about the status of the appeal.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.