A petition for review is a mode of appeal to the Court of Appeals used in two specific situations. Rule 42 governs appeals from decisions of the Regional Trial Court rendered in the exercise of its appellate jurisdiction — that is, cases the RTC decided on appeal from the first-level courts (MTC/MeTC). Rule 43 governs appeals from the judgments or final orders of quasi-judicial agencies (such as the Civil Service Commission, the Office of the Ombudsman in administrative cases, the SEC, and many others) and from the decisions of voluntary arbitrators. Both are filed with the Court of Appeals within fifteen (15) days from notice (extendible under the rules, upon payment of the docket fees), and they may raise questions of fact, law, or mixed questions. This is different from an ordinary appeal by notice of appeal (Rule 41) from the RTC's original jurisdiction, and from an appeal by certiorari to the Supreme Court (Rule 45), which raises only questions of law. Choosing the correct mode and observing the period are jurisdictional.
Not every appeal is filed the same way. When appealing certain decisions to the Court of Appeals, the correct vehicle is a petition for review under Rule 42 or Rule 43.
Rule 42: RTC in Its Appellate Capacity
Rule 42 governs appeals from decisions of the Regional Trial Court rendered in the exercise of its appellate jurisdiction — that is, cases the RTC decided on appeal from the first-level courts (MTC/MeTC). The path is: MTC → RTC (on appeal) → Court of Appeals (by petition for review under Rule 42).
Rule 43: Quasi-Judicial Agencies
Rule 43 governs appeals from the judgments or final orders of quasi-judicial agencies and from voluntary arbitrators to the Court of Appeals. Covered bodies include, among many others:
- The Civil Service Commission;
- The Office of the Ombudsman (in administrative disciplinary cases);
- The SEC, and various boards and commissions; and
- Voluntary arbitrators in labor disputes.
How They Are Filed
Both are filed with the Court of Appeals, generally within fifteen (15) days from notice of the decision or of the denial of a motion for reconsideration (extendible under the rules, upon payment of the docket fees). Both may raise questions of fact, law, or mixed questions.
How They Differ From Other Appeals
- Rule 41 (ordinary appeal by notice of appeal) — from the RTC's original jurisdiction to the Court of Appeals; while
- Rule 45 (appeal by certiorari to the Supreme Court) — raises only questions of law.
So the mode depends on which court decided the case, in what capacity, and what body issued the ruling.
Choosing Correctly Is Jurisdictional
Using the wrong mode of appeal, or missing the period, is generally fatal — the decision becomes final. An appeal filed under the wrong rule can be dismissed outright. So identify the correct rule and calendar the deadline carefully.
Practical Takeaways
- Rule 42 — petition for review to the CA from the RTC in its appellate capacity (cases appealed from the MTC);
- Rule 43 — petition for review to the CA from quasi-judicial agencies and voluntary arbitrators;
- Both go to the CA within 15 days and may raise facts and law — using the wrong mode or missing the period is jurisdictional.
Frequently Asked Questions
What is a petition for review under Rule 42? A mode of appeal to the Court of Appeals from decisions of the Regional Trial Court rendered in the exercise of its appellate jurisdiction, meaning cases the RTC decided on appeal from the first-level courts.
What is a petition for review under Rule 43? A mode of appeal to the Court of Appeals from the judgments or final orders of quasi-judicial agencies, such as the Civil Service Commission, the Ombudsman in administrative cases, and the SEC, and from voluntary arbitrators.
How is Rule 43 different from Rule 45? Rule 43 is an appeal to the Court of Appeals from quasi-judicial agencies and may raise questions of fact and law. Rule 45 is an appeal by certiorari to the Supreme Court that raises only questions of law.
What happens if I use the wrong mode of appeal? It is generally fatal. An appeal filed under the wrong rule, or beyond the period, can be dismissed outright, and the decision becomes final. Choosing the correct mode and meeting the deadline are jurisdictional.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
If you have questions about your rights or options under Philippine law, our firm is available to assist. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.