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If the case was decided by the MTC, the appeal should be filed with the
RTC. If the case was decided by the RTC, the appeal should be filed with the
CA or the SC in proper cases provided by law. If the case was decided by
the CA, the Appeal should be filed with the SC.
Can the prosecution appeal a judgment or acquittal?
No. A judgment or 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.
NO Appeal in judgment of Acquittal, Exception to no appeal order of
dismissal.
1. Dismissal is upon motion and with consent of the defendant
2. Dismissal is not acquittal or not based on the merits of the case
3. The questions to be passed to the appellate court is purely legal.
Section 3. How appeal taken
(a)
(b)
(c)
(d)
(e)
The appeal to the RTC or to the CA in cases decided by the RTC in the
exercise of its original jurisdiction, shall be taken by filing a notice of
appeal with the court which rendered the judgment or final order
appealed from and serving a copy thereof upon the adverse party.
The appeal to the CA is cases decided by the RTC in the exercise of its
appellate jurisdiction shall be by petition for review under Rule 42
(Rules of Court for Civil procedure).
The appeal to the SC in cases where the penalty imposed by the RTC is
reclusion perpetua, or life imprisonment, or where a lesser penalty is
imposed but for offenses committed on the same occasion or which
arose out of the same occurrence that give rise to the more serious
offenses for which the penalty of death, reclusion perpetua, or life
imprisonment is imposed, shall be by filing a notice of appeal to the CA
in accordance with paragraph (a) of this rule.
No notice of appeal is necessary in cases where the death penalty is
imposed by the RTC. The same shall be automatically reviewed by the
SC as provided in section 10 of this Rule.
Except as provided in the last paragraph of Section 13, Rule 124, and
all other appeals to the SC shall be by petition for review on certiorari
under Rule 45.(3a)
CA
How
CA
CA
CA
SC
SC
SC
SC
SC
than
reclusion
perpetua,
life
imprisonment and death.
RTC in the exercise of its
appellate
jurisdiction
RTC where the penalty imposed in
reclusion perpetua or 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.
RTC where penalty imposed is death
All other appeals, except the two cases
above
Sandiganbayan
By automatic review
Petition for review on
certiorari under Rule 45
Petition for review on
certiorari under Rule 45
Sandiganbayan in its original jurisdiction By automatic review
where penalty imposed is death
Sandiganbayan in its original jurisdiction File a notice of appeal
where
penalty
imposed
is
life
imprisonment or reclusion perpetua.
Sandiganbayan
in
its
appellate File a notice of appeal
jurisdiction where penalty imposed is
death,
reclusion
perpetua
or
life
imprisonment
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
If personal service of the copy of the notice of appeal cannot be made upon the
adverse party or his counsel, service may be done by registered mail or substituted
pursuant to section 7 and 8 of Rule 13. (4a)
SERVICE OF NOTICE OF APPEAL
SERVICE BY REGISTERED
SUBSTITUTED SERVICE
MAIL
-By depositing the copy
delivering the copy to
in the post office
the clerk of court with
-in a sealed envelope
proof of failure of both
-plainly addressed to the personal service and
party or his counsel
service by mail
at his office, if known,
otherwise at his
residence if known
-with postage fully prepaid
-and with instructions to
the postmaster to
return the mail to the
sender after 10 days
if undelivered
EAL
Section 5. Waiver of notice
PUBLICATION OF NOTICE
OF APPEAL
made in a newspaper
of general circulation
in the vicinity once a
week for a period not
exceeding 30days
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
An appeal is taken within 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 overruling the motion has been served
upon the accused at which time the balance of the period begins to run.
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)
Section 9. Appeal to the Regional Trial Courts
(a)
(b)
(c)
Within five (5) days from perfection of the appeal, the clerk of
court shall transmit the original record to the appropriate RTC.
Upon the receipt of the complete record of the case, transcripts
and exhibits, the clerk of court of the RTC shall notify the parties
of such fact.
Within fifteen (15) days from receipt of said notice, the parties
may submit memoranda or briefs, or may be required by the
RTC to do so. After the submission of such memoranda or briefs,
or upon the expiration of the period to the file the same, the RTC
shall decide the case on the basis of the entire record of the case
and of such memoranda or brief as may have been filed.
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).
Can an appeal that has already been perfected be withdrawn by the
appellant?
If the records have not yet been transmitted to the appellate court, the
court that rendered the judgment has the discretion to allow the appellant to
withdraw the appeal. If the Appeal is withdrawn, the judgment shall become
final.
If the records have already been transmitted to the appellate court
only the appellate court may decide whether to grant the motion to withdraw
the appeal, and oly before the judgment is rendered in the case on appeal.
Section 13. Appointment of counsel de oficio for accused on appeal
It shall be the duty of the clerk of court of the trial court upon filling of
a notice of appeal, to ascertain from the appellant, if confined in prison,
whether he desires the RTC, CA or SC to appoint a counsel de oficio to
defend him and to transmit with the record on a form to be prepared by the
clerk of the appellate court, a certificate of compliance with this duty and of
the response of the appellant to his inquiry.
Is counsel de oficio still required to represent his client on appeal?
The duty of the counsel de oficio does not terminate upon judgment
of the case. It continues until appeal