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Rule 122: Appeal

What is appeal?
Appeal means a review of a
decision of a lower court by
a higher court. The higher court
will determine whether the
decision of the lower court is
correct, just, etc.

IS APPEAL PART OF DUE PROCESS?

Appeal is a purely statutory and


isnt part of due process except
when provided by law
If the right to appeal is
granted by law, it becomes
part of due process.

Section 1: Who may


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.

Aside from the accused, People of the


Philippines unless there is double jeopardy,
who can appeal?
The offended party may appeal from any
judgement, order or ruling which is adverse to
his civil rights or to the civil liability, or on pure
questions of law (e.g. whether or not the
information charges no offense). Provided,
he has not waived or reserved the right to file
a separate civil action and the civil action is
deemed instituted, because the civil aspect is
different from the criminal aspect. So the
offended party can appeal from that portion of
judgement adverse to his civil liability.

Section 2: Where does one file an


appeal?
If the case was decided by the MTCs, the
appeal should be made with the RTC

If the case was decided by the RTCs, the


appeal should be made with the CA or SC
in proper cases provided by law

If the case was decided by the CA, the


appeal should be filed with the SC

Section 3:
How is appeal taken?
Notice of Appeal
1. Cases decided by the RTC in
original jurisdiction

its

2. 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 to the more serious
offense for which the penalty of death, reclusion
perpetua, or life imprisonment is imposed

Section 3:
How is appeal taken?
Petition for Review
1.Cases decided by the RTC in its
appellate jurisdiction
Petition for Review on Certiorari
2. Except as provided in the last
paragraph of section 13,
Rule 124, all other appeals
to the Supreme Court

Section 4:
Service of Notice of Appeal
Service of the copy of the notice
shall be made to the accused or
his counsel:
Personal service
Registered mail
Substituted service

SEC. 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.

Section 6:
When appeal to be taken
When do you appeal?
Under Section 6, fifteen (15) days from promulgation of the
judgment or from notice of the order appealed from.
What happens if you filed a motion for new trial or
reconsideration within the 15-day period?
A: the filing of the motion for reconsideration will suspend the
running of the 15-day period to appeal until notice of the order
overruling the motion has been served upon the accused or his
counsel, at which time, the balance of the period begins to run.
That phrase was added in the new rules At which time, the
balance of the period begins to run. That is only emphasizing
what the rule should be.

SEC. 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.

Can you withdraw an appeal?


YES. The procedure for withdrawing an appeal is found in
Section 12:
SEC. 12. Withdrawal of appeal- Notwithstanding 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.