1.

Motion for reconsideration

2. Motion for new trial
3. Appeal

Or else, judgment becomes final and is entered in the book of

Judgments

Slide 3

When judgment in a criminal case becomes final:

1. After lapse of period for perfecting an appeal; or

2. When sentence partially or totally satisfied or served; or
3. Accused has expressly waived in writing his right to appeal, EXCEPT in
cases of automatic review where death penalty is imposed
4. Accused has applied for probation

Remedies

a. Motion for new trial- Rule 121, Sec 2

Filed on the following grounds:

1. Error of law or irregularities made during trial which are
prejudicial to the substantial rights of the accused
2. New evidence has been found which could not have been
found before and which could change the judgment

Slide no. 5

Procedure for new trial

Form required under rule 121, section 4 for both: The motion shall be
in writing and shall state the grounds
If based on newly discovered evid:
-supported by affidavits of witnesses
-authenticated documents proposed to be introduced
Notice of the motion for new trial shall be given to the fiscal
Hearing- if the new trial calls for the resolution of any question of fact:
-the court may hear evidence thereon by affidavits or otherwise

b. Motion for reconsideration

Ground:
 -Filed when there are errors of law or fact in the judgment
Shall require no further proceedings
Notice should be given to the fiscal

Slide no. 6
1. All evidence not alleged to be in error shall stand
2. New evidence can be introduced however, The prosecution can move
only for the reconsideration of the judgment but cannot present
additional evidence

3. Old judgment may be set aside and a new one will be rendered

Appeal

Filed within 15 days of promulgation of judgment

Period is interrupted by filing of a motion for new trial or
reconsideration
On motion of accused or at its own instance with consent of the
accused

Rule 121 New Trial or Reconsideration

1. Reopening of the case

1. Made by the court before judgment is rendered in the exercise of

sound discretion
2. Does not require consent of accused
3. May be made at the instance of either party who can thereafter
present additional evidence

3. Motion for New Trial is denied if:

1. Only impeaching evidence is sought to be introduced as the court had

already passed upon issue of credibility
2. Only corroborative evidence is offered
3. Prisoner admits commission of crime with which accused is charged
(facility with which such confession can be obtained and fabricated)
4. Alleged new evidence is inherently improbable and could easily be
concocted
 5. Alleged new evidence consists of recantations of prosecution witness,
due to unreliability of such recantations, EXCEPT if no other evidence to
sustain conviction aside from recanted testimony

4. New Trial vs. Reconsideration

Motion for recon is based on the grounds of errors of law in the judgment
is court is not asked to reopen the case for further proceedings, but to
reconsider its findings or conclusions of law and make them conformable to
the law applicable to the case on the judgment the court has to render anew.

5. New Trial vs. Modification of Judgment

In New Trial, irregularities are expunged from the record and/or new
evidence is introduced.
In modification of judgment, no new hearings or proceedings of any
kind or change in the record or evidence. A simple modification is
made on the basis of what is on the record.

6. New Trial vs. Reopening of the Case

New trial presupposes that existence of a judgment to be set aside

upon the granting of a new trial
In reopening, no judgment has yet been rendered, although the
hearing may have already been closed

Rule 122 Appeal

Modes of Appeal:

(1) by ordinary appeal- appeal on the decision by the RTC in the exercise of
original jurisdiction
- taken to the CA on questions of fact or mixed questions of fact and law
(2) by petition for review- appeal on the decision by the RTC in the exercise of
appellate jurisdiction;
- brought to the CA on questions of fact, of law, or mixed questions of fact
and law
(3) by petition for review on certiorari- is elevated to the Supreme Court only
on questions of law.
-no notice of appeal is necessary in cases where the RTC imposed the death
penalty wherein the court of appeals shall automatically review the
judgement

Where to appeal
 MeTC, MTCC, MTC/MCTC RTC
RTC CA or SC in proper cases provided by law
CA SC

Notice of Appeal

-trial court shall direct the stenographer to transcribe the notes of the
proceedings

-the stenographer shall certify to the correctness of the note and transcript

-shall consist the original and 4 copies and file them with the clerk without
unnecessary delay

Transmission of papers to appellate court upon appeal

-within 5 days, the COC with whom the notice of appeal was filed must
transmit to the COC of the appellate court the complete record of the case
together wth the notice,

-the original and three copies of the stenographic notes shall be transmitted
to the appellate court and the other shall remain with the lower court.

1. Procedure

a. Filed with RTC, if original case was with MTC

Notice served to lower court and to adverse party

b. Filed with the CA or SC, if original case was with RTC

i. With CA: notice of appeal with court, and with copy on adverse party
If CA is of opinion that penalty should be reclusion perpetua or higher,
it shall render judgment imposing said penalty, but refrain from
entering judgment and then certify the case and the entire record
thereof to the SC for review (R124, 13)
CA may reverse, affirm, or modify judgment of RTC, or remand case for
new trial or re-trial, or dismiss the case
If RTC decided case in appellate jurisdiction: Petition for Review

ii. With SC: notice of appeal where penalty imposed is life imprisonment, or
lesser penalty involving offenses committed on the same occasion, or arising
out of same occurrence where graver penalty of death is available but life
imprisonment is imposed; all other cases, by petition for review on certiorari
 If death penalty, automatic review

iii. Withdrawal of appeal

May be made at any time before judgment on the appeal is rendered

Lower court judgment becomes final
Case remanded for execution of judgment
Once notice of appeal is filed, cannot be validly withdrawn to give way
for a Motion for Recon or a Motion for New Trial, since the filing of the
notice perfected the appeal, and the trial court loses its power to
modify or set aside the judgment. The only valid withdrawal of an
appeal is where the accused decides to serve his sentence.

2. Effect of appeal by any of several accused

1. Shall not affect those who did not appeal, EXCEPT if favorable and
applicable to them
2. Civil appeal by offended party shall not affect criminal aspect of
judgment
3. Execution of judgment on appellant will be stayed upon perfection of
appeal

3. When appeal by prosecution from order of dismissal of criminal case will

not result in double jeopardy

1. Dismissal made upon motion or with express consent of the accused

2. Dismissal is not an acquittal nor based upon consideration of the
evidence or merits of the case
3. Question to be passed upon by the appellate court is purely legal so
that if the dismissal is found incorrect, the case has to be remanded to
the court of origin to determine the guilt or innocence of the accused

4. When serving sentence, remedy is to petition for habeas corpus

1. Filed when the law under which the accused was convicted is repealed
or declared unconstitutional
2. When a later judgment is rendered acquitting others for similar
circumstances

Otherwise, equal protection is violated

1. When penalty is lowered and convict has already served more than the
maximum period of the new penalty
 Habeas corpus is available when a person is imprisoned beyond the
maximum penalty imposed by law (Gumabon vs. Dir. of Prisons)

NOTE: When dismissal is capricious, certiorari lies and no double jeopardy

since validity and not correctness of dismissal is being challenged.