CRIMINAL

PROCEDURE
R
 RULE 122
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.
• Sec. 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
Appeals.
• 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 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 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, 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.
• 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 Rule 45.
• Sec. 4. Service 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 may be done by registered mail or
by substituted service pursuant to sections 7 and 8 of Rule 13.
• 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.
• Sec. 6. When appeal 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 has been served upon the
accused or his counsel at which time the balance of the period
begins to run.
• Sec. 7. Transcribing and filing notes of stenographic
reporter upon appeal. – When notice of appeals 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 said 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 the 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.
• Sec. 8. Transmission of papers to appellate
court upon appeal. – Within five (5) days
from the filing of the notice of appeal, the
clerk of court with whom the notice of
appeal was filed must transmit to the clerk
of court of the appellate 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.
• Sec. 9. Appeal to the Regional Trial Courts. –
• (a) Within five (5) days from perfection 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.
• (c) Within fifteen (15) days from receipt of 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.
• Sec. 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.
• 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.
• 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.
• Sec. 13. Appointment of counsel de officio
for accused on appeal. - It shall be the duty
of the clerk of court 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 officio 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
appellate to his inquiry.
 RULE 123
Procedure in the Municipal
Trial Courts
• Section 1. Uniform Procedure. — The
procedure to be observed in the
Metropolitan Trial Courts, Municipal
Trial Courts and Municipal Circuit Trial
Courts shall be the same as in the
Regional Trial Courts, except where a
particular provision applies only to
either of said courts and in criminal
cases governed by the Revised Rule on
Summary Procedure.
• WHAT IS SUMMARY PROCEDURE?

•  It is a procedure wherein the

court decides the case through the
evidence and affidavits presented by
the parties.
 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.
• 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.
• 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.
• Section 4. When brief for appellee to be filed;
reply brief of the appellant. — Within thirty (30)
days from the 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.
• 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.
• Section 6. Form of briefs. — Briefs shall either
be printed, encoded or typewritten in double
space on the legal size good quality unglazed
paper, 330 mm. in length by 216 mm. in width.
• 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 appellant.
• 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.
• 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.
• 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.
• 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.
• Section 12. Power to receive evidence — The
Court of Appeals shall have the power to try
cases and conduct hearings, receive evidence
and perform any and all acts necessary to
resolve factual issues raised in cases (a)
falling within its original jurisdiction, (b)
involving claims for damages arising from
provisional remedies, or (c) where the court
grants a new trial based only on the ground
of newly-discovered evidence
• Section 13. Quorum of the court; certification or appeal of cases
to Supreme Court. — Three (3) Justices of the Court of Appeals
shall constitute a quorum for the sessions of a division. The
unanimous vote of the three (3) Justices of a division shall be
necessary for the pronouncement of a judgment or final
resolution, which shall be reached in consultation before the
writing of the opinion by a member of the division. In the event
that the three (3) Justices can not reach a unanimous vote, the
Presiding Justice shall direct the raffle committee of the Court to
designate two (2) additional Justices to sit temporarily with them,
forming a special division of five (5) members and the concurrence
of a majority of such division shall be necessary for the
pronouncement of a judgment or final resolution. The designation
of such additional Justices shall be made strictly by raffle and
rotation among all other Justices of the Court of Appeals.
• Whenever the Court of Appeals finds that the penalty of death,
reclusion perpetua, or life imprisonment should be imposed in a
case, the court, after discussion of the evidence and the law
involved, shall render judgment imposing the penalty of death,
reclusion perpetua, or life imprisonment as the circumstances
warrant. However, it shall refrain from entering the judgment and
forthwith certify the case and elevate the entire record thereof to
the Supreme Court for review.
• 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.

• 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.
• Section 16. Reconsideration. — A motion for
reconsideration shall be filed within fifteen
(15) days after from notice of the decision or
final order of the Court of Appeals, with copies
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.
• 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.
• Section 18. Application of certain rules
in civil 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.
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