RULE 122 - APPEAL

Section 1. Who may appeal.

Who may Appeal? ----- Any party 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 statutory and must be exercised in accordance with
the procedure laid down by law. 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
2. The dismissal is not an acquittal or based upon consideration of the
evidence or the merits of the case
3. Question to be passed upon by the appellate court is purely legal so
that should the dismissal be found incorrect, the case would be remanded to
the court of origin for further proceedings Appeals in criminal cases are
perfected when the interested parties have personally or through their
counsel filed with the clerk of court a written notice expressly stating the
appeal. (
U.S. vs. Tenorio , 37Phil 7; Elegado vs. Tavora , 59 Phil. 140) When an
appeal has been perfected, the court a quo loses jurisdiction.
Effect of an Appeal
An appeal in a criminal case opens the whole case for review. This
includes the review of the penalty, indemnity, and the damages involved.
Only final judgments and orders can be appealed.
APPEA
Appeal of a Judgment
Appeal of an Order
Must be perfected within15 days Must be perfected within 15 days
from promulgation
from notice of the final order
L OF AJUDGMENTAPPEAL OF ANORDER
Section 2. Where to appeal
The appeal may be taken as follows:
(a) TO the Regional Trial Court, in cases decided by the Metropolitan
Trial Court, Municipal Trial Court in Cities, Municipal Trial Court,
or Municipal Circuit Trial Court.
(b) To the Court of Appeals or to the Supreme Court in the proper
cases provided by law, in cases decided by the Regional Trial
Court; and
(c)
To the Supreme Court, in cases decided by the Court of Appeals.
(1a)
Where does one file an Appeal?

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)

How is appeal taken?

Depending on the court of origin and it jurisdiction, an appeal may be
taken following the format below:
Appeal
To
RTC

CA

From the Decision of

How

MTC, from a cases decided in its original File a notice of appeal

jurisdiction
with the MTC and serve
a copy of the notice to
the adverse party.
RTC in the exercise of its original File a notice of appeal
jurisdiction for an imposed penalty less with the RTC and serve

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

a copy of the notice to

the adverse party.
File
a
petition
for
review with the CA
under Rule 42
File a notice of appeal
with the RTC and serve
a copy of the notice to
the adverse party

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

FROM DECISION OF APPEALTOHOW

FROM A JUDGMENT CONVICTING THE ACCUSED, TWO APPEALS MAY
ACCORDINGLY BE TAKEN:
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
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.

The period of appeal seems to have been amended by the SC ruling in

Domingo Neypes et.al., vs CA,et.al , G.R. No. 141524 Sept. 24, 2005 (469
SCRA633). To standardize the appeals period provided in the Rules and to
afford litigants fair opportunity to appeal their cases, the court deems it
practical to allow a fresh period rule of 15 days within which to file the notice
of appeal on the RTC, counted from the receipt of the order dismissing a
motion for new trial or motion for reconsideration.
NOTE:
Although the SC has made this ruling on a civil case, it is submitted that if
the court has applied this rule to all other appeals involving civil cases, with
more reason should the defendant in a criminal casebe given ample time to
file his appeal (Sabio, Jose L.Criminal Procedure Rules 110-127, p 228 )
When is the perfection of appeal in criminal cases?
After the interested party, or parties, has personally or through his
attorney, filed with the clerk of court a written notice expressly stating the
appeal. Verbal notice of appeal on open court and filing of bond with the
substantial compliance with the rules. Failure by appellant to serve copy of
his appeal to provincial fiscal is not a defect which can either nullify the
appeal or prejudice the accused.
The effect of perfection of appeal is when the court of origin loses its
jurisdiction over the record and over the subject of the case.
What is the difference between the appeal of a judgment and the appeal of
an order?
The appeal from a judgment must be perfected within 15 days from
promulgation while the appeal from an order should be perfected within 15
days from notice of the final order.
Section 7. Transcribing and filing notes of stenographic reporter
upon appeal
Where notice of appeal is filed by the accused, the trial court shall
direct the stenographic reporter to transcribe his notes of 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 said original and four copies, and shall file said original and four
copies with the clerk without unnecessary delay.
In death penalty is imposed, the stenographic reporter shall, within
thirty (30) days from promulgation of the sentence, file with the clerk the
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)
Section 8. Transmission of papers to appellate court upon appeal
Within 5 days from the filing of the notice of appeal, the clerk of 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)
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.

Section 10. Transmission of records in case of death penalty

Section 11. Effect of appeal by any of several accused
Effects of Appeal by Any of the Accused
(a) An appeal taken by one or more of the several accused shall not
affect those who did not appeal except insofar as the judgment of
the appellate court is favorable and applicable to the latter.
(b) The appeal of the offended party from the civil aspect shall not
affect the criminal aspect of the judgment or order appealed from.
(c)
Upon perfection of the appeal, the execution of the judgment or
final order appealed from shall be stayed as to the appealing party.
Question: A and B were convicted of murder. Only A appealed from the
conviction. Should the decision of the appellate court bind B?
It depends. If the decision of the appellate court would be beneficial
to B, it should affect him. But if the decision would not benefit him, it
should not bind him.
Question: What is the effect of the appeal by the offended party of the civil
aspect of the judgment on the criminal aspect? Nothing
Section 12. Withdrawal of appeal
Notwithstanding perfection of the appeal, the RTC, Metropolitan Trial Court,
Municipal Trial Court in Cities, MTC or MCTC, as the case may be, may allow
the appellant to withdraw his appeal before the record has been forwarded
by the clerk of court of the proper appellate court as provided by Sec. 8 in
which case the judgment shall become final. The RTC may also, in its
discretion, allow the appellant from the judgment of the Metropolitan Trial
Court, MTCC, MTC or MCTC to withdraw his appeal, provided a motion to the
effect is filed before rendition of the judgment in the case on appeal, in
which case the judgment of the court of origin shall become final and the
case shall be remanded to the latter court for execution of the judgment.

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