RULE 124 - PROCEDURE IN THE COURT OF

APPEALS

Section 1. Title of the case. – In all criminal cases appealed to the

Court of Appeals, the party appealing the case shall be called the
"appellant" and the adverse party the "appellee," but the title of the case shall
remain as it was in the court of origin.

Sec. 2. Appointment of counsel de officio for the accused. – If it

appears from the record of the case as transmitted that (a) the
accused is confined in prison, (b) is without counsel de parte on appeal, or
(c) has signed the notice of appeal himself, ask the clerk of court of the Court of
Appeals shall designate a counsel de officio.

An appellant who is not confined in prison may, upon request, be assigned

a counsel de officio within ten (10) days from receipt of the notice to file brief and
he establishes his right thereto.

Sec. 3. When brief for appellant to be filed. – Within thirty (30) days from
receipt by the appellant or his counsel of the notice from
the clerk of court of the Court of Appeals that the evidence, oral and
documentary, is already attached to the record, the appellant shall file seven (7)
copies of his brief with the clerk of court which shall be accompanied by proof of
service of two (2) copies thereof
upon the appellee.

Sec. 4. When brief for appellee to be filed; reply brief of the appellant. –
Within thirty (30) days from receipt of the brief of the appellant, the appellee shall
file seven (7) copies of the brief of the
appellee with the clerk of court which shall be accompanied by proof of
service of two (2) copies thereof upon the appellant.

Within twenty (20) days from receipt of the brief of the appellee, the appellant may
file a reply brief traversing matters raised in the former but not covered in the brief
of the appellant.

Sec. 5. Extension of time for filing briefs. – Extension of time for the filing of
briefs will not be allowed except for good and sufficient
cause and only if the motion for extension is filed before the expiration of
the time sought to be extended.

Sec. 6. Form of briefs. – Briefs shall either be printed, encoded or

typewritten in double space on legal size good quality unglazed paper, 330
mm. in length by 216 mm. in width.

Sec. 7. Contents of brief. – The briefs in criminal cases shall have the same
contents as provided in sections 13 and 14 of Rule 44. A certified true copy of the
decision or final order appealed from shall be appended to the brief of the
appellant.

Sec. 8. Dismissal of appeal for abandonment or failure to prosecute. –

The Court of Appeals may, upon motion of the appellee
or motu proprio and with notice to the appellant in either case, dismiss the
appeal if the appellant fails to file his brief within the
time prescribed by this Rule, except where the appellant is represented by a
counsel de officio.

The Court of Appeals may also, upon motion of the appellee or

motu proprio, dismiss the appeal if the appellant escapes from
prison or confinement, jumps bail or flees to a foreign country during the
pendency of the appeal.

WHEN CAN THE COURT OF APPEALS DISMISS AN

APPEAL?
1. The Court of Appeals may, upon motion of the appellee or motu proprio and with
notice to the appellant in either case, dismiss the
appeal if the appellant fails to file his brief within the time
prescribed by this Rule, except where the appellant is represented by a counsel de
officio.
2. The Court of Appeals may also, upon motion of the appellee or
motu proprio, dismiss the appeal if the appellant escapes from prison or
confinement
3. The Court of Appeals may also, upon motion of the appellee or motu proprio,
dismiss the appeal if the appellant jumps bail
4. The Court of Appeals may also, upon motion of the appellee or motu proprio,
dismiss the appeal if the appellant flees to a foreign country during the pendency of the
appeal
5. The Court of Appeals may also, motu propio dismiss the appeal if the appellant fails
to prosecute
6. The Court of Appeals may also, motu propio dismiss the appeal if the appellant
abandons his appeal

Sec. 9. Prompt disposition of appeals. – Appeals of accused who are under detention
shall be given precedence in their disposition over
other appeals. The Court of Appeals shall hear and decide the
appeal at the earliest practicable time with due regard to the rights of the parties. The
accused need not be present in court during the hearing of the appeal.

Sec. 10. Judgment not to be reversed or modified except for

substantial error. – No judgment shall be reversed or modified unless the Court of
Appeals, after an examination of the record and
of the evidence adduced by the parties, is of the opinion that terror was committed which
injuriously affected the substantial rights of the appellant.

WHEN CAN JUDGMENT BE REVERSED OR MODIFIED?

 It can only be reversed or modified when there has been substantial errors

Sec. 11. Scope of judgment. – The Court of Appeals may reverse, affirm or modify
the judgment and increase or reduce the penalty
imposed by the trial court, remand the case to the Regional Trial Court for new trial
or retrial, or dismiss the case.
WHAT IS THE SCOPE OF JUDGMENT OF THE COURT OF
APPEALS?
1. Reverse, affirm, or modify the judgment
2. Increase or reduce the penalty imposed by the trial court
3. Remand the case to the RTC for new trial or retrial
4. Dismiss the case

WHY CANNOT THE CA REVISE THE JUDGMENT OF T

HE LOWER COURT?
 The power to revise is not given because it is changing the manner of the
penning of the judgment of the trial judge
 It is violative of the rule that the judge must write the decision personally

MUST ALL BE ALLEGED IN THE APPEAL IN ORDER TO

REVIEW THE CASE IN ITS ENTIRETY?
 No.
 An appeal in criminal proceedings throws the whole case open for review. It is the
duty of the appellate court to correct such errors
as might be found in the appealed judgment, whether they are assigned or not.

Sec. 12. Power to receive evidence. – The Court of Appeals shall have the power
to try cases and conduct hearings, receive evidence
and perform any and all acts necessary to resolve factual issues
raised in cases (a) falling within its original jurisdiction, (b) involving claims for
damages arising from provisional remedies, or (c) where the court grants a new trial
based only on the ground of
newly-discovered evidence.

CAN THE COURT OF APPEALS ACCEPT EVIDENCE D

URING AN APPEAL?
 Generally, an appellate court doesn’t accept new evidence during
an appeal. Its decision is based on the records and other documents forwarded
to it by the lower courts
 It can accept evidence though in the resolution of contentious factual issues,
which are raised in cases:
1. Falling within its original jurisdiction
2. Involving claim for damages arising from provisional remedies
3. Where the court grants a new trial based on the ground of newly-discovered
evidence

Sec. 13. Quorum of the court; certification or appeal of cases to Supreme Court. –
Three (3) Justices of the Court of Appeals shall constitute a quorum for the sessions of
a division. The unanimous
vote of the three (3) Justices of a division shall be necessary for
the pronouncement of a judgment or final resolution, which shall
be reached in consultation before the writing of the opinion by a member of the
division. In the event that the three (3) Justices can not reach a unanimous vote,
the Presiding Justice shall direct the
raffle committee of the Court to designate two (2) additional Justices to sit
temporarily with them, forming a special division of
five (5) members and the concurrence of a majority of such division shall be
necessary for the pronouncement of a judgment or
final resolution. The designation of such additional Justices shall be made strictly by raffle
and rotation among all other Justices of the Court of Appeals.

Whenever the Court of Appeals find that the penalty of death,

reclusion perpetua, or life imprisonment should be imposed in a
case, the court, after discussion of the evidence and the law
involved, shall render judgment imposing the penalty of death,
reclusion perpetua, or life imprisonment as the circumstance warrant. However, it
shall refrain from entering the judgment and
forthwith certify the case and elevate the entire record thereof to the Supreme Court for
review.

HOW DOES THE CA DECIDE THE CASE?

 Three (3) Justices of the Court of Appeals shall constitute a quorum for the
sessions of a division.
 The unanimous vote of the three (3) Justices of a division shall be
necessary for the pronouncement of a judgment or final
resolution, which shall be reached in consultation before the writing of the opinion
by a member of the division.
 In the event that the three (3) Justices can not reach a unanimous vote, the Presiding
Justice shall direct the raffle committee of the
Court to designate two (2) additional Justices to sit temporarily
with them, forming a special division of five (5) members and the concurrence of a majority
of such division shall be necessary for
the pronouncement of a judgment or final resolution. The
designation of such additional Justices shall be made strictly by
raffle and rotation among all other Justices of the Court of Appeals.
 NB: There is tyranny of the minority. In case one of the three justices in a
division disagrees, he wins even if it is 2 against 1. A.M. No. 00-5-03-SC
RE: AMENDMENTS TO THE REVISED RULES OF CRIMINAL PROCEDURE
TO GOVERN DEATH PENALTY CASES RESOLUTION

Acting on the recommendation of the Committee on Revision of the

Rules of Court submitting for this Court's consideration and
approval the Proposed Amendments to the Revised Rules of
Criminal Procedure To Govern Death Penalty Cases, the Court Resolved to
APPROVE the same.

The amendments shall take effect on October 15, 2004 following its
publication in a newspaper of general circulation not later than September 30,
2004.

September 28, 2004.

Davide, Jr., C.J., Puno, Panganiban, Quisumbing, Ynares-Santiago, Sandoval-

Gutierrez, Carpio, Austria-Martinez, Corona, Carpio-Morales, Callejo, Sr., and
Tinga, JJ., concur. Azcuna and Chico-Nazario, JJ., on leave.

AMENDED RULES TO GOVERN REVIEW OF DEATH

PENALTY CASES
Rule 122, Sections 3 and 10, and Rule 124, Sections 12 and 13, of the Revised Rules of
Criminal Procedure, are amended as follows:

Rule 122

Sec. 3. How appeal taken.—(a) The appeal to the Regional Trial Court, or to the
Court of Appeals in cases decided by the Regional
Trial Court in the exercise of its original jurisdiction, shall be by
notice of appeal filed with the court which rendered the judgment or final order appealed
from and by serving a copy thereof upon the adverse party.

(b) The appeal to the Court of Appeals in cases decided by the Regional Trial
Court in the exercise of its appellate jurisdiction shall be by petition for review under Rule
42.

(c) The appeal in cases where the penalty imposed by the Regional
Trial Court is reclusion perpetua, 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 more, serious offense for which the penalty of death,
reclusion perpetua, or life imprisonment is imposed, shall be by
notice of appeal to the Court of Appeals in accordance with paragraph (a) of this
Rule.

(d) No notice of appeal is necessary in cases where the Regional

Trial Court imposed the death penalty. The Court of Appeals shall automatically
review the judgment as provided in Section 10 of this
Rule. (3a)

x x x

Sec. 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 Appeals for automatic
review and judgment within twenty days but not earlier than
fifteen days from 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 days after the filing thereof by the stenographic
reporter. (10a)

x x x

Rule 124

Sec. 12. Power to receive evidence.—The Court of Appeals shall have the power
to try cases and conduct hearings, receive evidence
and perform all acts necessary to resolve factual issues raised in
cases falling within its original and appellate jurisdiction, including the power to grant and
conduct new trials or further proceedings. Trials or hearings in the Court of Appeals must
be continuous and
must be completed within three months, unless extended by the Chief Justice.
12(a)

Sec. 13. Certification or appeal of case to the Supreme Court.—(a)

Whenever the Court of Appeals finds that the penalty of death
should be imposed, the court shall render judgment but refrain
from making an entry of judgment and forthwith certify the case and elevate its
entire record to the Supreme Court for review.

(b) Where the judgment also imposes a lesser penalty for offenses
committed on the same occasion or which arose out of the same occurrence that
gave rise to the more severe offense for which the
penalty of death is imposed, and the accused appeals, the appeal
shall be included in the case certified for review to, the Supreme Court.

(c) In cases where the Court of Appeals imposes reclusion perpetua, life
imprisonment or a lesser penalty, it shall render and
enter judgment imposing such penalty. The judgment may be
appealed to the Supreme Court by notice of appeal filed with the Court of Appeals.
WHAT IS THE PROCEDURE WHEN THE CA FINDS THAT
THE PENALTY
TO BE IMPOSED IS DEATH, RECLUSION PERPETUA,
OR LIFE IMPRISONMENT?
 Whenever the Court of Appeals finds that the penalty of death
should be imposed, the court shall render judgment but refrain from making an entry
of judgment and forthwith certify the case and elevate its entire record to the Supreme
Court for review.
 Where the judgment also imposes a lesser penalty for offenses committed on
the same occasion or which arose out of the same occurrence that gave rise to the more
severe offense for which the penalty of death is imposed, and the accused appeals, the
appeal shall be included in the case certified for review to, the Supreme Court.
 In cases where the Court of Appeals imposes reclusion perpetua,
life imprisonment or a lesser penalty, it shall render and enter judgment imposing
such penalty. The judgment may be appealed
to the Supreme Court by notice of appeal filed with the Court of Appeals.

WHAT IF THE DECISION APPEALED TO THE CA I

S PURELY QUESTIONS OF LAW?
 The CA may certify it to the SC directly

Sec. 14. Motion for new trial. – At any time after the appeal from the lower court has
been perfected and before the judgment of the Court of Appeals convicting the appellant
becomes final, the latter
may move for a new trial on the ground of newly-discovered
evidence material to his defense. The motion shall conform with the provisions of
section 4, Rule 121.

CAN THE CA CONDUCT A NEW TRIAL?

 Yes, the ground for new trial is based on newly-discovered
evidence and the motion shall conform with the provisions of Section 4, Rule 121
WHAT IS NEWLY-DISCOVERED EVIDENCE?
 This is material evidence that can change the outcome of the judgment when
admitted

WHEN SHOULD THE NEWLY-DISCOVERED EVIDENCE BE

DISCOVERED?
 The evidence must be discovered after the perfection of appeal,
but before the CA renders its judgment, because after the perfection of the appeal,
the trial court loses its jurisdiction. On
the other hand, prior perfection of an appeal, the party discovering the new
evidence may file a motion for new trial with the trial court anyway.

INSTEAD OF FILING A MOTION FOR NEW TRIAL, CAN A PARTY FILE A MOTION
FOR RECONSIDERATION INSTEAD?
 No since a motion for reconsideration only covers errors of facts or
laws and not newly-discovered evidence, which pertains exclusively as a ground
for new trial

WHY IS THE PERIOD FOR FILING A MOTION FOR NEW

TRIAL FROM A DECISION OF THE RTC DIFFERENT FROM
THAT OF THE CA?
 For the reason that at some point in time, the case must end.

Sec. 15. Where new trial conducted. – When a new trial is granted, the Court of Appeals
may conduct the hearing and receive evidence as provided in section 12 of this Rule or
refer the trial to the court of origin.

Sec. 16. Reconsideration. – A motion for reconsideration shall be

filed within fifteen (15) days from notice of the decision or final order of the Court
of Appeals with copies thereof served upon the
adverse party, setting forth the grounds in support thereof. The
mittimus shall be stayed during the pendency of the motion for
reconsideration. No party shall be allowed a second motion for
reconsideration of a judgment or final order.

WHEN SHOULD A MOTION FOR RECONSIDERATION BE

FILED?
 A motion for reconsideration shall be filed within fifteen (15) days from notice of the
decision or final order of the Court of Appeals
with copies thereof served upon the adverse party, setting forth the grounds in
support thereof.
 The mittimus shall be stayed during the pendency of the motion for reconsideration.
 No party shall be allowed a second motion for reconsideration of a judgment or final
order.

WHAT IS THE MEANING OF MITTIMUS?

 It is the process issued by the court after conviction to carry out the final judgment
such as commanding a prison warden to hold the accused in accordance with the terms
of the judgment

ec. 17. Judgment transmitted and filed in trial court. – When the entry of judgment of the
Court of Appeals is issued, a certified true copy of the judgment shall be attached to the
original record which
shall be remanded to the clerk of the court from which the appeal was taken.

WHAT SHOULD BE DONE AFTER THE JUDGMENT OF

THE CA HAS BECOME FINAL?
 When the judgment of the CA becomes final, a certified true copy
of the judgment shall be attached to the original record which shall be remanded to
the clerk of the court from which the appeal was taken.

Sec. 18. Application of certain rules in civil procedure to criminal cases. – The
provisions of Rules 42, 44 to 46 and 48 to 56 relating to procedure in the Court of Appeals
and in the Supreme Court in
original and appealed civil cases shall be applied to criminal cases
insofar as they are applicable and not inconsistent with the provision of this Rule.