Course Code: CRI 060

Course Title: Criminal Procedure & Court Testimony

Module #20 Student’s Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

Lesson title: Appeal Materials: Ballpen, Paper & Notebook

Learning Targets: At the end of the module, students will be
able to: References:
1. define what is appeal, and 1. https://www.lawphil.net/courts/rule
2. enumerate and discuss where to appeal and how the s/rc_110-127_crim.htm
appeal is taken. 2. https://batasnatin.com/law-library/
civil-law/land-titles-and-deeds/143
4-appeal.htmll

A. LESSON PREVIEW/REVIEW

Introduction (2 mins)

Hello! Are you ready to learn something new today? Great! That’s
the spirit of a true student. Welcome to our subject. Our Lesson for
this subject today is about “Appeal”. You are expected that at the
end of this lesson you may be able to: 1. define what is appeal, and
2.enumerate and discuss where to appeal and how the appeal is
taken.

B. MAIN LESSON

Activity 1: Content Notes (15 mins)

What is Appeal?

- a legal proceeding by which a case is brought before a higher court for review of the decision
of a lower court

- to ask a higher court to reverse the decision of a trial court after final judgment or other legal
ruling.

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 Course Code: CRI 060
Course Title: Criminal Procedure & Court Testimony
Module #20 Student’s Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

Appeal

Section 1. Who may appeal. — Any party may appeal from a judgment or final order, unless the
accused will be placed in double jeopardy.

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 Appeal may be done by registered mail or
by substituted service pursuant to sections 7 and 8 of Rule 13. (4a)

Section 5. Waiver of notice. — The appellee may waive his right to a notice that an appeal has been
taken. The appellate court may, in its discretion, entertain an appeal notwithstanding failure to give
such notice if the interests of justice so require. (5a)

Section 6. When appeal is to be taken. — An appeal must be taken within fifteen (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 the order overruling the motion shall have als. (1a)

Section 3. How appeal is 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 taken by filing a notice of
appeal 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 to the Supreme Court in cases where the penalty imposed by the Regional Trial Court
is death, 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 gave rise

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 Course Code: CRI 060
Course Title: Criminal Procedure & Court Testimony
Module #20 Student’s Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

to the more serious offense for which the penalty of death, reclusion perpetua, or life imprisonment is
imposed, shall be by filing a notice of appeal in accordance with paragraph (a) of this section.

(d) No notice of appeal is necessary in cases where the death penalty is imposed by the Regional
Trial Court. The same shall be automatically reviewed by the Supreme Court as provided in section
10 of this Rule.

(e) Except as provided in the last paragraph of section 13, Rule 124, all other appeals to the Supreme
Court shall be by petition for review on certiorari under Rules 45. (3a)

Section 4. Publication of notice of appeal. — If personal service of the copy of the notice of appeal
can not be made upon the adverse party or his counsel, service has been served upon the accused
or his counsel at which time the balance of the period begins to run. (6a)

Section 7. Transcribing and filing notes of stenographic reporters upon appeal. — When notice of
appeal is filed by the accused, the trial court shall direct the stenographic reporter to transcribe his
notes of the 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 the original
and four copies with the clerk without unnecessary delay.

If death penalty is imposed, the stenographic reporter shall, within thirty (30) days from promulgation
of the sentence, file with the clerk 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 five (5) days from the
filing of the notice of appeal, the clerk of the court with whom the notice of appeal was filed must
transmit to the clerk of 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) Within five (5) days from completion 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.

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 Course Code: CRI 060
Course Title: Criminal Procedure & Court Testimony
Module #20 Student’s Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

(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. (9a)

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)

Section 11. Effect of appeal by any of several accused. —

(a) An appeal taken by one or more of 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.

Section 12. Withdrawal of appeal. — Notwithstanding the perfection of the appeal, the Regional Trial
Court, Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court, or Municipal
Circuit Trial Court, as the case may be, may allow the appellant to withdraw his appeal before the
record has been forwarded by the clerk of court to the proper appellate court as provided in section 8,
in which case the judgment shall become final. The Regional Trial Court may also, in its discretion,
allow the appellant from the judgment of a Metropolitan Trial Court, Municipal Trial Court in Cities,
Municipal Trial Court, or Municipal Circuit Trial Court to withdraw his appeal, provided a motion to that
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.

Section 13. Appointment of counsel de oficio for accused on appeal. — It shall be the duty of the clerk
of the trial court, upon filing of a notice of appeal, to ascertain from the appellant, if confined in prison,
whether he desires the Regional Trial Court, Court of Appeals or the Supreme Court 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 court of the appellate court, a certificate of compliance with this duty and of the response of the
appellant to his inquiry.

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 Course Code: CRI 060
Course Title: Criminal Procedure & Court Testimony
Module #20 Student’s Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

NO APPEAL MAY BE TAKEN FROM THE FOLLOWING

1. Order denying a motion for new trial or reconsideration
2. Order denying a petition for relief or any similar motion seeking relief from judgment
3. Interlocutory order
4. Order disallowing or dismissing an appeal
5. Order denying a motion to set aside a judgment by consider, confession, or compromise on the
ground of F/M/D or any ground vitiating consent
6. Order of execution
7. Judgment or final order for or against parties in separate claims, counter-claims, crossclaims, and
3rd party complaints—main case is pending
8. Order dismissing an action without prejudice

MODES OF APPEAL
1. Ordinary appeal
2. Petition for review
3. Petition for certiorari

PETITION OF ORDINARY APPEAL

> Within 15 days from notice of judgment or final order appealed from
> When a record of appeal is required, within 30 days from notice of judgment or final order
> Period of appeal shall be interrupted by a firmly motion for new trial or reconsideration
> In the above case, there would be a “fresh 15 days”

PERFECTION OF APPEAL
> Filing of the notice of appeal in due time
> Record of appeal—approved of the record in due time

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 Course Code: CRI 060
Course Title: Criminal Procedure & Court Testimony
Module #20 Student’s Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

Content and Skill-Building

Activity 2: Skill-building Activities

Let’s practice! After completing each exercise, you may refer to the Key to Corrections for feedback.
Try to complete each exercise before looking at the feedback.

1. Mr. A and Mr. B were convicted of murder. only Mr. A appealed from the conviction. Should the
decision of the appellate court bind Mr. B?

________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
_______________________________________________________________________________

2. Where can the person file his/her appeal?

________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
_______________________________________________________________________________

3. Can the prosecution appeal an acquittal? Explain.

________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
_______________________________________________________________________________

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 Course Code: CRI 060
Course Title: Criminal Procedure & Court Testimony
Module #20 Student’s Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

Activity 3: Check for Understanding (5 mins) The following are questions to assess your
understanding about the lesson today. You are required to identify what is being asked. Write your
answer on the space provided before the number. Avoid any erasures! “Check your answers against
the Key to Corrections found at the end of this SAS. Write your score on your paper.”

TRUE OR FALSE. (1 point each) Instructions: Read and analyze each statement carefully. Write your
answer in the space Guilty if the statement is False and Acquitted if True. Write your answer on the
space provided before the number.

1. A person cannot file an appeal if the accused will be placed in double jeopardy
2. Appeal can be taken within 15 days from judgment.
3. The cases decided under Regional trial court can be appealed in the court of appeals
4. An appeal taken by one or more of 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;
5. The appeal of the offended party from the civil aspect shall not affect the criminal aspect of the
judgment or order appealed from.
6. Cases decided under RTC can be appealed in the MTC.
7. The Regional Trial Court may also, in its discretion, allow the appellant from the judgment of a
Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court, or Municipal Circuit Trial
Court to withdraw his appeal.
8.An appeal denying a motion for new trial or reconsideration is allowed
9. Cases decided in MTC can be appealed in MCTC
10. Cases under RTC where death is imposed as penalty can be appealed in the SC

Q1.Can the appeal made by the appelle be withdrawn?

Answer: Yes, If the appeal is withdrawn, the judgment is final

Q1. If a party is dissatisfied with the outcome of the first-level appeal, is further appeal
possible?

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 Course Code: CRI 060
Course Title: Criminal Procedure & Court Testimony
Module #20 Student’s Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

Answer: Yes, The Philippines observes the principle of judicial hierarchy and such hierarchy
is determinative of the venue of appeals. However, when it reaches the Supreme Court, as
mentioned above, the appeal becomes discretionary.
C. LESSON WRAP-UP

Thinking about Learning

Work Tracker

That’s it! You have successfully finished the lesson today. Let us track your progress. Shade the
session number you just completed. Kindly mark the place in the work tracker to help you track how
much work they have accomplished and how much work there is left to do.

Period 1 Period 2 Period 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30

1.Did you have challenges learning the concepts in this module? If none, which parts of the
module helped you learn the concepts?
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
____________ __________________________________________.

2.Some question/s I want to ask my teacher about this module is/are:

____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
_________________ __________________________________________

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 Course Code: CRI 060
Course Title: Criminal Procedure & Court Testimony
Module #20 Student’s Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

ANSWER KEY: 

Rubrics on Skill Rate

Building 
Activity 2.1
Organization of 2
thoughts
Grammar  1
Readability  1
Cleanliness  1
Total 5 points
Activity 2.2
Organization of 2
thoughts
Grammar  1
Readability  1
Cleanliness  1
Total 5 points
Activity 2.3
Correct answer with 2
explanation and
without erasure
Correct answer with 1
explanation but with
erasure
Incomplete answer 1
and no explanation
Correct answer with 1
explanation and
without erasure
Total 5 Points
Activity 2.4

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 Course Code: CRI 060
Course Title: Criminal Procedure & Court Testimony
Module #20 Student’s Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

Answer Key (True or False):

1. Acquitted
2. Acquitted
3. Acquitted
4. Acquitted
5. Acquitted
6. Guilty
7. Acquitted
8. Guilty
9. Guilty
10. Acquitted

Congratulations! That's all for now; prepare ahead of time by studying topics related to the
Concept of Criminal Procedure!

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