RULE 122 (APPEAL ) Section 9 – 10 (Romero,Starski Joseph D.

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) 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.

- An appeal from the final judgment of the Metropolitan Trial Court, Municipal Trial Court,
Municipal Circuit Trial Court must be taken within 15 days from the promulgation or notice
thereof.
- From the perfection of such appeal, the clerk of court has 5 days within which to transmit the
original record to the Regional Trial Court.
- Upon receipt of the complete record of the case and of the transcript/exhibits the clerk of the
Regional Trial Court shall notify the parties of such fact.
- After the submission of the parties, memoranda or briefs or upon the expiration of the period
within which to file the same the Regional Trial Court may then render its decision based on the
record of the proceedings had in the lower court and on the memoranda or briefs submitted by
the parties.

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 Supreme Court 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)

- {Automatic Review} The judgment of conviction entered by the trial court imposing death
penalty is not final, cannot be executed and is wholly without force/effect until the case has
been passed upon by the Supreme Court.

- {Automatic Review} Intended for the protection of the accused, the Supreme Court in its
exercise of Automatic review, may review the findings of fact of the trial court.

2 Modes of Automatic Review

1. Sect 3 (d) and 10 Rule 122, the death penalty was imposed by the RTC, the court even without notice
of appeal, shall forward the records to the Court of Appeals for automatic review and judgment within
20 days but not earlier than 15 days from the promulgation/notice of denial for new trial or
reconsideration.

2. Where the Court of Appeals affirms the death penalty automatically referred to it as previously
stated or in a case where it will impose a death penalty in cases appealed to it punishable by a penalty
lesser than death, 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.

Period for transmission of records

- The 20 day period in this section, may be extended or shortened

- It is intended where the accused sentenced to death says nothing within the period of 15 days
within which the case remains within the jurisdiction of the trial court.
- If a defendant sentenced to death penalty within the period of 15 days file a motion for a new
trail, the trial court may grant or deny it, and if the consideration of the motion for new trial or a
new trial itself takes several days including the rendering of new decision , then the 20 days
mentioned in the Rule must necessarily be extended.