You are on page 1of 26

RULE 122

APPEAL
Section 1. Who may appeal
APPEAL
A proceeding for review by which the whole case is transferred on the
higher court.
Appeal is not a part of due process except when provided by law or by
the Constitution.

It is statutory and must be exercised in accordance with the procedure


laid down by law.

It is compellable by mandamus.
GENERAL RULE:
An appeal by the prosecution from the order of dismissal is not allowed
because it will violate the rule on double jeopardy.
EXCEPTIONS:
1. The dismissal is made upon the motion or with the express consent of the
defendants

2. The dismissal is not an acquittal or based upon consideration of the evidence


or the merits of the case

3. Question to be passed upon by the appellate court is purely legal so that


should the dismissal be found incorrect, the case would be remanded to the
court of origin for further proceedings
Appeals in criminal cases are perfected when the interested parties have
personally or through their counsel filed with the clerk of court a written
notice expressly stating the appeal. (U.S. vs. Tenorio, 37 Phil 7; Elegado
vs. Tavora, 59 Phil. 140)
When an appeal has been perfected, the court a quo loses jurisdiction.
Effect of an Appeal
An appeal in a criminal case opens the whole case for review. This
includes the review of the penalty, indemnity, and the damages
involved.

Only final judgments and orders can be appealed.


APPEAL OF A APPEAL OF AN
JUDGMENT ORDER
Must be perfected within 15 days from Must be perfected within 15 days from
Promulgation. notice of the final order.
Section 2. Where to appeal
Section 3. How appeal taken

FROM DECISION OF APPEAL TO HOW

MTC, from a case decided in its CA File a notice of appeal with the
original jurisdiction MTC and serve a copy of the
notice to the adverse party
RTC in the exercise of its original CA File a notice of appeal with the RTC
jurisdiction for an imposed penalty and serve a copy of the notice to the
less than reclusion adverse party
perpetua, life imprisonment (and
death)
RTC in the exercise of its appellate File a petition for review with the CA
jurisdiction under Rule 42

RTC where the penalty imposed is CA Automatic Review


reclusion perpetua of life
imprisonment, OR where a lesser
penalty is imposed for offenses
committed on the same occasion or
which arose out of the same
occurrence that gave rise to the
offense punishable by (death)
reclusion perpetua or life
imprisonment
All other appeals SC Petition for review on certiorari under
Rule 45
Sandiganbayan in its original SC Petition for review on certiorari under
jurisdiction where penalty imposed is Rule 45
(death) reclusion perpetua
Sandiganbayan in its appellate SC File a notice of appeal
jurisdiction where penalty imposed is
(death), reclusion perpetua, or life
imprisonment
Sandiganbayan in its appellate SC File a notice of appeal
jurisdiction where penalty imposed
is (death), reclusion perpetua, or life
imprisonment

FROM A JUDGMENT CONVICTING THE


ACCUSED, TWO APPEALS MAY ACCORDINGLY
BE TAKEN:

1. The accused may seek a review of said judgment as regards both civil and criminal
actions

2. The complainant may appeal only with respect to the civil action either because the lower court has
refused or failed to award damages or because the award made is unsatisfactory to him
A judgment of acquittal becomes final immediately after promulgation.
It cannot even be the subject of certiorari.

The reason for this rule is that an appeal would place the accused in
double jeopardy. However, the offended party may appeal the civil
aspect of the case.
GENERAL RULE:
A private prosecutor in a criminal case has NO authority to act for the
People of the Philippines before a court on appeal; it is the
governments counsel, the Solicitor General who appears in criminal
cases or their incidents before the Supreme Court. At the very least, the
Provincial Fiscal himself, with the conformity of the Solicitor General
shall act for the People of the Philippines.
EXCEPTION:
The civil award in a criminal case may be appealed by the private
prosecutor on behalf of the offended party or his successors.
MODES OF REVIEW
The Rules of court recognizes 4 modes by which the decision of the
final order of the court may be
reviewed by a higher tribunal
1. ordinary appeal
2. petition for review
3. petition for review on certiorari
4. automatic appeal
Section 4. Publication of notice of appeal
SERVICE BY REGISTERED SUBSTITUTED SERVICE PUBLICATION OF NOTICE OF
MAIL APPEAL
By depositing the copy in the post delivering the copy to the clerk of made in a newspaper of general
office -in a sealed envelope -plainly court with proof of failure of both circulation in the vicinity once a
addressed to the party or his personal service and service by mail week for a period not exceeding 30
counsel at his office, if known, days
otherwise at his residence if known
-with postage fully pre-paid -and
with instructions to the post master
to return the mail to the sender after
10 days if undelivered
Section 5.
Waiver of notice The appellee may waive his right to notice of appeal.
However, the appellate court may, in its discretion, entertain an appeal
notwithstanding failure to give such notice if the interests of justice so
require (Llamas vs. Muscoso, 95 Phil. 735).
Section 6. When appeal to be taken
Appeal is taken within 15 days from promulgation of the judgment. This
period shall be suspended from the time a motion for new trial or
reconsideration is filed until notice of overruling the motion has been
served upon the accused at which time the balance of the period begins
to run.

The period of appeal seems to have been amended by the SC ruling in


Domingo Neypes et.al., vs CA, et.al, G.R. No. 141524 Sept. 24, 2005
(469 SCRA 633). To standardize the appeals period provided in the
Rules and to afford litigants fair opportunity to appeal their cases, the
court deems it practical to allow a fresh period rule of 15 days within
which to file the notice of appeal on the RTC, counted from the receipt
of the order dismissing a motion for new trial or motion for
reconsideration.
NOTE: Although the SC has made this ruling on a civil case, it is
submitted that if the court has applied this rule to all other appeals
involving civil cases, with more reason should the defendant in a
criminal case be given ample time to file his appeal (Sabio, Jose L.
Criminal Procedure Rules 110-127, p 228)
Section 7. Transcribing and filing notes of stenographic reporter
upon appeal Section 8. Transmission of papers to appellate court
upon appeal:
Within 5 days from the filing of the notice of appeal, the clerk of court
with whom the notice of appeal was filed must transmit to the clerk of
court of the appellate court the complete record of the case together with
said notice.
Section 9. Appeal to the Regional Trial Courts
Section 10. Transmission of records in case of death penalty
Section 11. Effect of appeal by any of several accused
Effects of Appeal by Any of the Accused An appeal taken by one or
more of the several accused shall not affect those who did not appeal
except insofar as the judgment of the appellate court is favorable and
applicable to the latter
The appeal of the offended party from the civil aspect shall not affect
the criminal aspect of the judgment or order appealed from. Upon
perfection of the appeal, the execution of the judgment or final order
appealed from shall be stayed as to the appealing party.
Section 12. Withdrawal of appeal
An appellant may withdraw his appeal before the record has been
forwarded by the clerk of court of the proper appellate court as provided
by Sec. 8 in which case the judgment shall become final.
The court may also, in its discretion, allow the appellant to withdraw his
appeal, provided a motion to that effect is filed before the rendition of
judgment in the case on appeal (People v. Madrigal-Gonzales, 117
SCRA 956).
Once appeal is withdrawn, the decision or judgment appealed from
becomes at once final and executory. (People v. Dueo, 90 SCRA 23).
Section 13. Appointment of counsel de oficio for accused on appeal
The duty of the counsel de oficio does not terminate upon judgment of
the case. It continues until appeal.

You might also like