Short answer. The Court of Appeals looks at whether, based on the comment or other allowed pleadings, or after the period for filing them lapses, it finds a prima facie showing that the RTC committed an error of fact or law that would warrant reversing or modifying the appealed decision.

What the law says

If upon the filing of the comment or such other pleadings as the court may allow or require, or after the expiration of the period for the filing thereof without such comment or pleading having been submitted, the Court of Appeals finds prima facie that the lower court has committed an error of fact or law that will warrant a reversal or modification of the appealed decision, it may accordingly give due course to the petition.

Rule 42, Section 6 — Due course. Read the full provision →

The trigger point for the decision

The Court of Appeals makes its due-course determination upon the filing of the comment, or of such other pleadings as the court may allow or require, or, alternatively, after the period for filing those pleadings has expired without any comment or pleading actually having been submitted. Either way, the court has a defined point at which it must actually act on the petition, rather than letting it sit indefinitely while the parties wait for a ruling on whether the case will proceed further. This structure keeps the case from being held hostage by a respondent who simply declines to file a comment at all.

The prima facie standard

At that point, due course is given to the petition if the Court of Appeals finds, on a prima facie basis, that the lower court committed an error of fact or law that would warrant reversing or modifying the decision being appealed, which is a threshold judgment rather than a final one. A prima facie finding is not the same as a final ruling that the lower court was wrong; it is only enough to justify moving the case forward for closer examination on a fuller record and briefing. The petitioner still carries the burden of making that initial showing; the court does not go looking for errors on its own.

What giving due course triggers, and why a prima facie threshold

Once due course is given, the petition moves forward for full consideration on its merits, rather than remaining subject to summary disposition. Using a prima facie standard at this stage means the court does not need to already be fully convinced of error; it only needs to be persuaded that there is enough of a showing to justify letting the petition proceed further toward a decision on the actual merits 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.