Professional Documents
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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 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
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
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.