Sherwin C.

Lagrama

Section 6. When appeal to be taken

An appeal must be taken within fifteen (15) days from promulgation of the judgment
or from notice of the final order appealed from. This period for perfecting an appeal
shall be suspended from the time a motion for new trial or reconsideration is filed
until notice of the order overruling the motion shall have been served upon the
accused or his counsel at which time the balance of the period begins to run. (6a)
Illustrative Case
Obugan vs. People
244SCRA263
The period of perfecting an appeal shall be interrupted from time a motion for new trial or reconsideration is filed until notice of
the order overruling the motion shall have been served upon the accused or his counsel. The implication: the motion of new trial
is granted and new judgement is rendered after new trial was conducted. Therefore, the period of perfecting the appeal is
15days from receipt of new judgement.

Section 7. Transcribing and filing notes of stenographic reporter upon appeal

When notice of appeal is filed by the accused, the trial court shall direct the
stenographic reporter to transcribe his notes of the proceedings. When filed by the
People of the Philippines, the trial court shall direct the stenographic reporter to
transcribe such portion of his notes of the proceedings as the court, upon motion,
shall specify in writing. The stenographic reporter shall certify to the correctness of
the notes and the transcript thereof, which shall consist of the original and four
copies, and shall file the original and four copies with the clerk without unnecessary
delay.
If death penalty is imposed, the stenographic reporter shall, within thirty (30) days
from promulgation of the sentence, file with the clerk original and four copies of the
duly certified transcript of his notes of the proceedings. No extension of time for
filing of said transcript of stenographic notes shall be granted except by the
Supreme Court and only upon justifiable grounds. (7a)
Illustrative case
Advincula vs. IAC
147SCRA262
Jan 16, 1987
May the CA dismiss an appeal on the ground of the failure of the accused to complete the record specifically absence of
stenographic notes one witness testimony
No, the accused has the right to appeal guaranteed by constitutional otherwise the dismissal of appeal is tantamount to denial of
due process of law. This is because the appeal is part of judicial system and nonfeasance should not prejudice the right of the
accused to review his conviction since the liberty is at stake/

Section 8. Transmission of papers to appellate court upon appeal

Within five (5) days from the filing of the notice of appeal, the clerk of the 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. The
original and three copies of the transcript of stenographic notes, together with the
records, shall also be transmitted to the clerk of the appellate court without undue
delay. The other copy of the transcript shall remain in the lower court. (8a)

Illustrative case
Tan vs. Coliflores
240SCRA303
Jan 20, 1995
The judge ordered the COC to transmit the original record of the case to higher court on Feb 17, 1993 after filing appeal but it
was only Mar. 10, 1994 when the records were finally transmitted.
Who is liable for delay, Judge or COC?
The COC is liable for the cause of delay even if the judge presumed to have direct supervision to COC. The judge cant be
expected to constantly check the performance of COC. Further, COC, by law, required to enforce Rule 122 sec 8 as responsible
person to transmit the records.

Section 9. Appeal to the Regional Trial Courts

(a) Within five (5) days from perfection of the appeal, the clerk of court shall
transmit the original record to the appropriate Regional Trial Court.
(b) Upon receipt of the complete record of the case, transcripts and exhibits, the
clerk of court of the Regional Trial Court shall notify the parties of such fact.
(c) (c) Within fifteen (15) days from receipt of the said notice, the parties may
submit memoranda or briefs, or may be required by the Regional Trial Court
to do so. After the submission of such memoranda or briefs, or upon the
expiration of the period to file the same, the Regional Trial Court shall decide
the case on the basis of the entire record of the case and of such memoranda
or briefs as may have been filed. (9a)
Section 10. Transmission of records in case of death penalty.
In all cases where the death penalty is imposed by the trial court, the records shall
be forwarded to the Court of Appeal for automatic review and judgment within five
(5) days after the fifteenth (15) day following the promulgation of the judgment or
notice of denial of a motion for new trial or reconsideration. The transcript shall also
be forwarded within ten (10) days after the filing thereof by the stenographic
reporter. (10a)
Illustrative case.
People vs. Palabrica
357SCRA533
May 7, 2001

In the absence of the accused who escaped during trial, can a decision be rendered by appellate court affirming a death
sentence imposed by trial court.
Yes, there is good reason to withhold judgement pending the re-arrest of the accused after reviewing the decision of the trial
court. Rule 122 Sec 10 in fact provides for automatic review and judgement. Consequently, if such review shows that accused is
guilty, his conviction must be affirmed either in toto or with modification, just as his acquittal must be declared if a review shows
he is innocent. There is no sense in holding that the automatic review of the decision must proceed even if the accused has
absconded short of pronouncing his guilt in the event the evidence warrants affirmance of the decision of the trial court.