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.
“Double jeopardy” means that “when
a person is charged with an offense
and the case is terminated either by
acquittal or conviction or in any other
manner without the consent of the
accused, the latter cannot again be
charged with the same or identical
offense.
The elements of double jeopardy are:
(1) the complaint or information was sufficient in
form and substance to sustain a conviction;
(2) the court had jurisdiction;
(3) the accused had been arraigned and had
pleaded; and
(4) the accused was convicted or acquitted or
the case was dismissed without his express
consent
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 Appeals.
(1a)
Section 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.
Decisions of the Regional Trial
Court may be appealed to the
Court of Appeals by:
a. Petition for certiorari
b. Petition for review on certiorari
c. Petition for review
d. Notice of appeal
•(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 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 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 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 been served upon the
accused or his counsel at which time
the balance of the period begins to
run.
• Section 7. Transcribing and filing notes of stenographic reporter 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 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.
(8a)
Section 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 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. (11a)
•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. (12a)
• 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. (13a)
Section 2. Modes of appeal. —
(a) Ordinary appeal. — The appeal 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 serving a copy
thereof upon the adverse party. xxx
(b) Petition for review. — 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 in
accordance with Rule 42.
•(c) Appeal by certiorari. — In all cases
where only questions of law are
raised or involved, the appeal shall
be to the Supreme Court by PETITION
FOR REVIEW ON CERTIORARI in
accordance with the Rule 45.