AMENDED RULES ON DEATH PENALTY CASES’ “(5) Promulgate rules concerning the protection and

REVIEW enforcement of constitutional rights, pleading, practice,

PEOPLE OF THE PHILIPPINES VS. MATEO and procedure in all courts.”
G.R. No. 147678-87, July 7, 2004 Procedural matters, first and foremost, fall more
squarely within the rule-making prerogative of the
Facts: Appellant Efren Mateo was charged with ten Supreme Court than the law-making power of Congress.
counts of rape by his step-daughter Imelda Mateo. The rule here announced additionally allowing an
During the trial, Imelda’s testimonies regarding the rape intermediate review by the Court of Appeals, a
incident were inconsistent. She said in one occasion that subordinate appellate court, before the case is elevated
incident of rape happened inside her bedroom, but other to the Supreme Court on automatic review is such a
times, she told the court that it happened in their sala. procedural matter.
She also told the court that the appellant would cover her Pertinent provisions of the Revised Rules on Criminal
mouth but when asked again, she said that he did not. Procedure, more particularly Section 3 and Section 10 of
Despite the irreconcilable testimony of the victim, the Rule 122, Section 13 of Rule 124, Section of Rule 125, and
trial court found the accused guilty of the crime of rape any other rule insofar as they provide for direct appeals
and sentenced him the penalty of reclusion perpetua. from the Regional Trial Courts to the Supreme Court in
The Solicitor General assails the factual findings of the cases where the penalty imposed is death reclusion
trial and recommends an acquittal of the appellant. perpetua or life imprisonment, as well as the resolution
of the Supreme Court en banc, dated 19 September 1995,
in “Internal Rules of the Supreme Court” in cases
Issue: similarly involving the death penalty, are to be deemed
modified accordingly.
Whether or not this case is directly appeallable to the A.M. No. 00-5-03-SC
Supreme Court.
RE: AMENDMENTS TO THE
REVISED RULES OF CRIMINAL PROCEDURE
Held: TO GOVERN DEATH PENALTY CASES
While the Fundamental Law requires a mandatory
RESOLUTION
review by the Supreme Court of cases where the penalty
Acting on the recommendation of the Committee on
imposed is reclusion perpetua, life imprisonment, or
Revision of the Rules of Court submitting for this Court’s
death, nowhere, however, has it proscribed an
consideration and approval the Proposed Amendments
intermediate review. If only to ensure utmost
to the Revised Rules of Criminal Procedure to Govern
circumspection before the penalty of death, reclusion
Death Penalty Cases, the Court Resolved to APPROVE
perpetua or life imprisonment is imposed, the Court now
the same.
deems it wise and compelling to provide in these cases a
The amendment shall take effect on October 15, 2004
review by the Court of Appeals before the case is elevated
following its publication in a newspaper of general
to the Supreme Court. Where life and liberty are at stake,
circulation not later than September 30, 2004
all possible avenues to determine his guilt or innocence
September 28, 2004
must be accorded an accused, and no case in the
evaluation of the facts can ever be overdone. A prior
determination by the Court of Appeals on, particularly,
the factual issues, would minimize the possibility of an
error of judgment. If the Court of Appeals should affirm
the penalty of death, reclusion perpetua or life
imprisonment, it could then render judgment imposing
the corresponding penalty as the circumstances so
warrant, refrain from entering judgment and elevate the
entire records of the case to the Supreme Court for its
final disposition.
Under the Constitution, the power to amend rules of
procedure is constitutionally vested in the Supreme
Court –
Article VIII, Section 5. The Supreme Court shall have the
following powers:
_____________________________________ reclusion perpetua, life imprisonment or a lesser penalty,
AMENDED RULES TO GOVERN REVIEW OF it shall render and enter judgment imposing such
DEATH PENALTY CASES penalty. The judgment may be appealed to the Supreme
Rule 122, Sections 3 and 10, and Rule 124, Sections 12 Court by notice of appeal file with the Court of Appeals.
and 13, of the Revised Rules of Criminal Procedure, are (13a) 
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 whereby 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 on the 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)
xxx
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 the 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 hearing in the Court of Appeals
must be continuous and must be completed within three
months, unless extended by the Chief Justice. (12a)
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 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