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CRIMINAL

PROCEDURE NOTES (2013-2014)


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. (1a)

Section 2. Appointment of counsel de oficio 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, the clerk of court
of the Court of Appeals shall designate a counsel de oficio.

An appellant who is not confined in prison may, upon request, be
assigned a counsel de oficio within ten (10) days from receipt of the
notice to file brief and he establishes his right thereto. (2a)

I. Counsel De Officio

Can a counsel de officio be named in the CA? YES.


A counsel de officio mandatory when the accused:
o Is in prison
!
If hes not confined, its not mandatory on the
court.
o Is without counsel de parte on appeal, or
o Signed his own appeal


CLASS NOTES BY RACHELLE ANNE GUTIERREZ

ATTY. TRANQUIL SALVADOR

Section 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. (3a)

I. Periods To Remember:

When appellant or appellee should file a brief or reply brief


Section 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. (4a)

Section 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. (5a)



CRIMINAL PROCEDURE NOTES (2013-2014)


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Section 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. (6a)

(d) Under the heading "Statement of Facts," a clear and concise


statement in a narrative form of the facts admitted by both parties and
of those in controversy, together with the substance of the proof
relating thereto in sufficient detail to make it clearly intelligible, with


Section 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. (7a)

page references to the record;



(e) A clear and concise statement of the issues of fact or law to be
submitted, to the court for its judgment;

(f) Under the heading "Argument," the appellant's arguments on each
assignment of error with page references to the record. The authorities

I. Rule 44
Section 13. Contents of appellant's brief.
The appellant's brief shall contain, in the order herein indicated, the
following:

(a) A subject index of the matter in the brief with a digest of the
arguments and page references, and a table of cases alphabetically

relied upon shall be cited by the page of the report at which the case
begins and the page of the report on which the citation is found;

(g) Under the heading "Relief," a specification of the order or judgment
which the appellant seeks; and

(h) In cases not brought up by record on appeal, the appellant's brief

arranged, textbooks and statutes cited with references to the pages


where they are cited;

(b) An assignment of errors intended to be urged, which errors shall be
separately, distinctly and concisely stated without repetition and
numbered consecutively;

(c) Under the heading "Statement of the Case," a clear and concise

shall contain, as an appendix, a copy of the judgment or final order


appealed from. (16a, R46)

Section 14. Contents of appellee's brief.
The appellee's brief shall contain, in the order herein indicated the
following:

(a) A subject index of the matter in the brief with a digest of the

statement of the nature of the action, a summary of the proceedings,


the appealed rulings and orders of the court, the nature of the
judgment and any other matters necessary to an understanding of the
nature of the controversy with page references to the record;

arguments and page references, and a table of cases alphabetically


arranged, textbooks and statutes cited with references to the pages
where they are cited;


CLASS NOTES BY RACHELLE ANNE GUTIERREZ

CRIMINAL PROCEDURE NOTES (2013-2014)



(b) Under the heading "Statement of Facts," the appellee shall state that
he accepts the statement of facts in the appellant's brief, or under the
heading "Counter-Statement of Facts," he shall point out such
insufficiencies or inaccuracies as he believes exist in the appellant's
statement of facts with references to the pages of the record in support
thereof, but without repetition of matters in the appellant's statement
of facts; and

(c) Under the heading "Argument," the appellee shall set forth his
arguments in the case on each assignment of error with page references
to the record. The authorities relied on shall be cited by the page of the
report at which the case begins and the page of the report on which the
citation is found. (17a, R46)

Section 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 oficio.

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. (8a)

I. Grounds For Dismissal By The CA
Note: Dismissal may be either by motion of the party (appellee or
appellant) or motu propio by the Court of Appeals.


CLASS NOTES BY RACHELLE ANNE GUTIERREZ

ATTY. TRANQUIL SALVADOR

1. Failure to file brief (either party)


2. Accused jumps bail, escapes or flees to a foreign country

People v. Taruc " applied this section to the SC as well.


Section 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. (9a)

Section 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 error was committed
which injuriously affected the substantial rights of the appellant. (10a)

Section 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. (11a)

Section 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

CRIMINAL PROCEDURE NOTES (2013-2014)



continuous and must be completed within three months, unless
extended by the Chief Justice. 12(a) (As amended by SC Resolution
A.M. No. 00-5-03-SC, Sept. 28, 2004)

I. Point

The Court of Appeals may receive evidence and resolve cases


concerning factual issues.

The CA may also conduct new trials.


Section 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.
(As amended by SC Resolution A.M. No. 00-5-03-SC, Sept. 28, 2004)



CLASS NOTES BY RACHELLE ANNE GUTIERREZ

ATTY. TRANQUIL SALVADOR

I. Appeal Of Cases Decided By The CA


1. CA imposes death " it should render judgment but refrain from
making an entry of judgment. Certify the case to the SC for
review.
2. CA imposes reclusion perpetua, life imprisonment or crimes
made in the occasion of RP/LI " it should render and enter
judgment imposing such penalty.
o This judgment to be appealed to the SC by notice of
appeal filed with the CA.

Section 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. (14a)

I. Ground For Motion For New Trial In The Ca

Only on the ground for newly-discovered evidence


Section 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. (15a)

I. Course Of Action In Case CA Grants MNT
1. CA may conduct nearing and receive evidence
2. CA may refer the trial to the court of origin

CRIMINAL PROCEDURE NOTES (2013-2014)



Section 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. (16a)

Section 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. (17a)

I. Only One (1) Motion For Reconsideration Is Allowed

In the Court of Appeals


Section 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 provisions of this Rule.
(18a)


CLASS NOTES BY RACHELLE ANNE GUTIERREZ

ATTY. TRANQUIL SALVADOR